Code of Alabama

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45-35-21
Section 45-35-21 Regulation and sale of alcoholic beverages. (a) It shall be unlawful for any
person, firm, corporation or association to sell or offer for sale any spirituous or vinous
liquors in Houston County except at Alabama Alcoholic Beverage Control liquor stores and at
retail liquor establishments within the corporate limits of the City of Dothan in Houston
County and licensed by the general laws of the State of Alabama and also licensed by the City
of Dothan as herein provided. (b) Each licensee of the City of Dothan under this section,
in order to be eligible for the license, shall meet all of the licensing prerequisites and
requirements of the general laws of the State of Alabama and the rules and regulations of
the Alabama Alcoholic Beverage Control Board. It shall be unlawful for any licensee of the
City of Dothan, licensed pursuant to this section, to sell or offer for sale any spirituous
or vinous liquors without a state and a city license for such privilege. (c) Nothing...
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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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45-37-22.03
Section 45-37-22.03 Lawful activities upon affirmative vote. If a majority of the voters voting
in any election held pursuant to this part vote ''Yes'', then, upon the proper certification
and declaration of the results of such election, it shall be legal, on each Sunday during
the two-hour period between 12:00 o'clock midnight of the preceding Saturday and 2:00 o'clock,
A.M., and for the remainder of Sunday after 12:00 o'clock noon, but not between the hours
of 2:00 o'clock, A.M. and 12:00 o'clock noon, in every part of Jefferson County, including
all municipalities or parts thereof located in such county, for properly licensed persons,
as provided in the Alcoholic Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions
of law, to do all of the following: (1) To sell and dispense at retail alcoholic beverages
for onpremises consumption in a lounge or bar. (2) To sell and dispense at retail alcoholic
beverages for onpremises consumption in a restaurant, hotel, dinner...
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45-49-22.03
Section 45-49-22.03 Lawful activities upon affirmative vote. If a majority of the voters voting
in any election held pursuant to this subpart vote Yes, then, upon the proper certification
and declaration of the results of the election, it shall be legal, on each Sunday during the
two-hour period between 12 o'clock midnight of the preceding Saturday and two o'clock, a.m.,
and for the remainder of Sunday after 12 o'clock noon (but not between the hours of two o'clock,
a.m., and 12 o'clock noon), in every part of Mobile County, including all municipalities or
parts thereof located in the county, for properly licensed persons (as provided in the Alcoholic
Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions of law) to do the following:
(1) Sell and dispense at retail alcoholic beverages for on-premises consumption in a lounge
or bar. (2) Sell and dispense at retail alcoholic beverages for on-premises consumption in
a restaurant, hotel, dinner theater, convention center,...
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28-3A-3
Section 28-3A-3 Authority of board to issue licenses to engage in alcoholic beverage transactions.
(a) Subject to the provisions of this chapter and regulations promulgated thereunder, the
board is authorized and empowered to issue and renew licenses to reputable and responsible
persons for the following purposes: (1) To manufacture, brew, distill, ferment, rectify, bottle
or compound any or all alcoholic beverages within or for sale within this state. (2) To import
any or all alcoholic beverages manufactured outside the United States of America into this
state or for sale or distribution within this state. (3) To distribute, wholesale or act as
jobber for the sale of alcoholic liquor. (4) To distribute, wholesale or act as jobber for
the sale of table wine and beer or either of them, to licensed retailers within the state
and others within this state lawfully authorized to sell table wine or beer. (5) To store
or warehouse any or all alcoholic beverages for transshipment inside and...
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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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28-3-43
Section 28-3-43 Functions, powers, and duties of board generally; examination of board by Examiners
of Public Accounts. (a) The functions, duties and powers of the board shall be as follows:
(1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages in its
possession for sale, as defined and enumerated in this chapter. (2) To control the possession,
sale, transportation and delivery of alcoholic beverages as enumerated and defined in this
chapter. (3) To determine the localities within which any state store shall be established
and operated and the location of such store. No store shall be established in and neither
the board nor any other person may legally buy, manufacture or sell alcoholic beverages in
any county which has voted in the negative in any election called as provided in Chapter 2
of this title for determining the said issue unless and until said county has at a subsequent
similar election voted in the affirmative. The board shall have the power...
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28-3A-25
Section 28-3A-25 Unlawful acts and offenses; penalties. (a) It shall be unlawful: (1) For any
manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same,
to sell, trade, or barter in alcoholic beverages between the hours of nine o'clock p.m. of
any Saturday and two o'clock a.m. of the following Monday. (2) For any wholesaler or the servants,
agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale
or retail licensees or others within this state lawfully authorized to sell alcoholic beverages,
or to sell for export. (3) For any person, licensee, or the board, either directly or by the
servants, agents, or employees of the same, or for any servant, agent, or employee of the
same, to sell, deliver, furnish, or give away alcoholic beverages to any person under the
legal drinking age, as defined in Section 28-1-5, or to permit any person under the legal
drinking age, as defined in Section 28-1-5, to drink, consume, or possess...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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28-3A-6
28-3-190; as an agent for the county or municipality for collection and payment of the tax
levied by Section 28-7-18; and as an agent for the state for collection and payment of the
tax levied by Sections 28-3-200 to 28-3-205, inclusive. (2) The manufacturer licensee shall
keep and maintain all records required to be kept and maintained by manufacturer, wholesaler,
and retailer licensees for the tax so levied except that manufacturers are not required to
maintain name, address, or other personal demographic information for sales as provided
in subsection (e). (j) A manufacturer licensee engaged in the manufacture of beer in the state
may donate and deliver up to 31 gallons of the manufacturer's beer to a licensed nonprofit
special event operated by or on behalf of a nonprofit organization. Donations shall be taxed
in accordance with state and federal laws and regulations. Any beer remaining at the conclusion
of the nonprofit event shall be returned to the manufacturer for disposal....
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