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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901,...
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35-8B-1
Section 35-8B-1 Definitions; sale of alcoholic beverages. (a) "Community development district"
shall mean a private residential development that: (1) Is a size of at least 250 acres of
contiguous land area; (2) has at least 100 residential sites, platted and recorded in the
probate office of the county as a residential subdivision; (3) has streets that were or will
be built with private funds; (4) has a social club with: (i) an 18-hole golf course of regulation
size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving
meals, with a seating capacity of at least 60 patrons; (iii) social club memberships with
at least 100 paid-up members who have paid a membership initiation fee of not less than two
hundred fifty dollars ($250) per membership; (iv) membership policies whereby membership is
not denied or impacted by an applicant's race, color, creed, religion, or national origin;
and (v) a full-time management staff for the social activities of the club,...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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11-43A-2
Section 11-43A-2 Petition to probate judge for election as to adoption of council-manager form
of government; examination of petition and certification to mayor. The filing of a petition
signed by 10 percent or more of the number of qualified voters who voted in the last general
municipal election held in such municipality, asking that the question of the adoption of
the council-manager form of government for such municipality be submitted to the qualified
voters thereof, with the judge of probate of the county in which such municipality is located,
shall mandatorily require an election to be held as herein provided. Whenever such a petition
purporting to be signed by at least 10 percent of the number of qualified voters who voted
in the last general municipal election held in such municipality shall be presented to such
judge of probate, he shall examine such petition and determine whether or not the same is
signed by at least 10 percent of the number of qualified voters who voted in...
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11-43A-3.1
Section 11-43A-3.1 Election in Class 6 municipalities - Time, procedure, etc. Any law to the
contrary notwithstanding, an election shall be held in every Class 6 municipality wherein
the municipal governing body has elected to have a nine-member council, at the same time that
the election for members of the Alabama legislature is held in 1983; and the question submitted
at such election shall be: "shall the council-manager form of government, provided in
the Council-Manager Act of 1982, with the change in the form of government of such municipality
to become operative on the first Monday in October 1986, be adopted for the municipality of
_____?" The election shall be held and in all things governed as nearly as possible by
the provisions regulating elections on the question the adoption of the council-manager form
of government provided in the Council-Manager Act of 1982, except that no petition of any
of the qualified voters of the municipality need be filed and the mayor of any city...
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28-2A-20
Section 28-2A-20 Ordinance and referendum to determine whether annexed territories should be
legally wet. In addition to the procedure established pursuant to Article 1, the governing
body of any Class 1, 2, or 3 municipality or any municipality having a population of 18,500
or more, which is legally wet, and which has previously annexed or hereinafter annexes territory
into the municipality which lies in a county which is legally dry, shall, before the annexed
territory becomes wet, pass an ordinance calling for a city-wide referendum to be held to
determine whether the annexed portions of the municipality shall be legally wet as herein
provided. If the governing body of the municipality adopts an ordinance determining that all
of the area within the corporate limits of the municipality should be legally wet, and if
this decision is approved at a subsequent referendum called to decide this issue, alcoholic
beverages may be lawfully sold, distributed, and consumed within the newly...
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35-8B-3
Section 35-8B-3 Sale and distribution of alcoholic beverages within district. (a) If a majority
of the board of control of a community development district formed under Section 35-8B-1(a),
(b), or (d) consents to and approves the sale and distribution of alcoholic beverages within
the district, it shall be lawful to sell and distribute alcoholic beverages in the community
development district in the following manner and subject to the following terms, definitions,
and conditions: (1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic
beverages may be sold by the club of the district to members and their guests for on-premises
consumption only. The club shall be licensed to sell alcoholic beverages to its members and
their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board,
upon the club's compliance with the provisions of the alcoholic beverage licensing code and
the regulations made thereunder. The original application...
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11-65-4
Section 11-65-4 Elections required to approve incorporation of commission and conduct of racing
and pari-mutuel wagering thereon. (a) No commission shall be incorporated for a Class 1 municipality
and no horse racing or greyhound racing or pari-mutuel wagering thereon shall be permitted
in such municipality pursuant to this chapter unless the incorporation of such commission,
together with the conduct of horse racing and pari-mutuel wagering thereon or greyhound racing
and pari-mutuel wagering thereon or both such activities, shall have been authorized by an
election held in the host county in which such incorporation and such racing and wagering
activities shall have been approved by both (i) a majority of the votes cast in such election
by voters who reside in the host county (including those voters who reside in the sponsoring
municipality) and (ii) a majority of the votes cast in such election by voters who reside
in the commission municipal jurisdiction. In order to authorize the...
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45-37-140.13
Section 45-37-140.13 Annexation; referendum; hearing; reestablishment of boundaries. (a) Whenever
any municipal corporation in Jefferson County annexes any portion of a district and a petition
is filed with the clerk of the municipality requesting annexation of the remaining portion
of the district, the petition containing the following: (1) signatures of 20 percent of the
qualified electors residing within the district or signatures of 200 qualified electors, whichever
is less, and (2) a written statement signed by at least two members of the board of trustees
of the district reciting that those signing the petition constitute either 10 percent of the
qualified electors residing within the district or 100 qualified electors residing within
the district, whichever is applicable, and (3) a description of the district; then the governing
body of such municipal corporation shall provide for and finance the cost of a referendum
election wherein the remaining qualified voter residents of...
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11-48-48.1
Section 11-48-48.1 Payment of assessments in Class 2 municipalities. Any Class 2 municipality,
in ordering any local improvement the cost of which or any part thereof is to be assessed
against any property in accordance with the provisions of this section, may provide that the
same shall be paid in cash within 30 days after the final assessment, provided the cost of
such improvement does not exceed $1,000.00, but if the total cost of said improvement is greater
than such sum, any property owner may, at his election, to be expressed by notifying the municipal
official charged with the duty of collecting such assessments in writing within 30 days after
the assessment is made final, pay the said assessment in 36, 60 or 120 monthly installments,
which shall bear interest at a rate not exceeding 12 percent per annum, as determined by the
municipal governing body; provided, however, that if, on or before the date such assessment
is made final, bonds shall have been issued, under the...
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