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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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11-42-21
Section 11-42-21 Annexation proceedings. Whenever all of the owners of property located and
contained within an area contiguous to the corporate limits of any incorporated municipality
located in the state of Alabama and such property does not lie within the corporate limits
or police jurisdiction of any other municipality, shall sign and file a written petition with
the city clerk of such municipality requesting that such property or territory be annexed
to the said municipality, and the governing body of such municipality adopts an ordinance
assenting to the annexation of said property to such municipality, the corporate limits of
said municipality shall be extended and rearranged so as to embrace and include such property
and such property or territory shall become a part of the corporate area of such municipality
upon the date of publication of said ordinance. It is provided further, that in the event
any such incorporated municipality's police jurisdiction overlaps with the police...
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28-3-25
Section 28-3-25 Counties and municipalities authorized to extend time of sale of alcoholic
beverages on Sunday by resolution or referendum. (a)(1) Subject to subdivision (2), in any
wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic
beverages on Sunday after the hour of two o'clock a.m., for on-premises or off-premises consumption,
or both, as determined by the county commission or as specified in the referendum, if applicable,
by retail licensees of the Alcoholic Beverage Control Board. (2) The county commission of
any wet county, by resolution, may require a referendum to be held to determine whether Sunday
sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county
commission, the county shall hold the referendum and if a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages shall be permitted and
regulated as specified in the referendum. (b)(1) Subject...
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28-2A-1
Section 28-2A-1 Procedure for wet or dry classification option elections. (a) Any municipality
having a population of 1,000 or more, may change its classification from dry to wet or wet
to dry by a municipal option election, in the following manner. (b) Upon petition of 30 percent
of the number of voters voting in the last preceding general election of the municipality
being filed with the city or town clerk or governing body of the municipality, the governing
body must call a municipal option election for the municipality to determine the sentiment
of the people as to whether or not alcoholic beverages can be legally sold or distributed
in the municipality. The petition for municipal option election shall contain the following:
"It is petitioned that a municipal option election be held to permit the legal sale and
distribution of alcoholic beverages within this municipality." On the ballot to be used
for such municipal option election, the question shall be in the following form: "Do...
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45-36-20
Section 45-36-20 Charge of classification for incorporated municipalities. (a) Notwithstanding
any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant
to authority granted by Section 104 of the Constitution of Alabama of 1901, the electors of
an incorporated municipality located in Jackson County with a population of 2,500 or more
inhabitants may change its classification from dry to wet or wet to dry by a municipal option
election as provided by this section. (b)(1) Upon petition of 25 percent of the number of
voters voting in the last general election of the municipality having a population of 2,500
or more inhabitants being filed with the city or town clerk or governing body of the municipality,
the governing body shall call a municipal option election for the municipality to determine
the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed
in the municipality. The petition for the municipal option...
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45-10-20.02
Section 45-10-20.02 Municipal option election. (a) Upon petition of 25 percent of the number
of voters voting in the last general election of the municipality having a population of not
less than 1,300 inhabitants nor more than 1,500 inhabitants being filed with the city or town
clerk or governing body of the municipality, the governing body shall call a municipal option
election for the municipality to determine the sentiment of the people as to whether alcoholic
beverages may be legally sold or distributed in the municipality. The petition for the municipal
option election shall contain the following: "It is petitioned that a municipal option
election be held to determine whether the legal sale and distribution of alcoholic beverages
shall be permitted within this municipality," on the ballot to be used for the municipal
option election, the question shall be in the following form: "Do you favor the legal
sale and distribution of alcoholic beverages within this municipality? Yes...
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45-41-141.06
Section 45-41-141.06 Annexation by municipality. (a) In the event any territory then within
the boundaries of one or more districts shall be annexed to any municipality, then, from and
after the date that is 30 days after the date such annexation becomes effective, but in all
events subject to Section 45-41-141.07, (1) Such territory shall be excluded from such district
or districts, and (2) Any financial charge theretofore authorized hereunder to be levied and
collected within such territory shall not be authorized to be so levied and collected, (b)
And the commission, as promptly as practicable thereafter, shall take such action as shall
be necessary to alter the boundaries of such district or districts so as to exclude such territory
therefrom and to ratify and confirm the exclusion of such territory from such district or
districts [including, without limitation, the filing of a description or appropriate map or
maps in accordance with subsection (d) of Section 45-41-141.02]....
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states 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, this...
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45-26A-60.01
Section 45-26A-60.01 Sunday sales of alcoholic beverages for off-premises consumption. (a)
This section shall apply only to the City of Tallassee in Elmore and Tallapoosa Counties.
(b) The voters of the City of Tallassee may authorize the sale of alcoholic beverages for
off-premises consumption within the municipality on Sunday between the hours of 1:00 p.m.
and midnight by an election pursuant to this section, in the following manner: The governing
body of the City of Tallassee, by resolution, shall hold a referendum at the next general
election in the city to determine if alcoholic beverages may be sold within the municipality
for off-premises consumption. (c) On the ballot to be used for such election, the question
shall be in the following form: "Do you favor the legal sale of alcoholic beverages within
this municipality for off-premises consumption on Sunday between the hours of 1:00 p.m. and
midnight? Yes ___ No ___." (d) The first election and any subsequent elections shall
be...
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11-44B-24
Section 11-44B-24 Municipalities' authority to annex certain unincorporated territory. Any
Class IV incorporated municipality in this state organized in accordance with Section 11-44B-1,
et seq., shall have the following power and authority: (a) To annex all or any portion of
any unincorporated territory or any unincorporated territories which are enclosed within the
corporate limits of the municipality and have been so enclosed for a period of one (1) year
or more on April 21, 1994. The municipality shall adopt an ordinance finding and declaring
that the unincorporated territory or unincorporated territories set forth and described therein
is enclosed within the existing corporate limits of the municipality and has been so enclosed
for a period of one (1) year or more on April 21, 1994 and that the annexation of the unincorporated
territory or unincorporated territories is in the best interest of the public good and welfare
of the municipality. Annexation of the unincorporated...
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