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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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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45-8-242
Section 45-8-242 Levy of tax; advisory referendum; collection of tax; disposition of funds.
(a) This section shall only apply to Calhoun County. (b) As used in this section, state sales
and use tax means the tax imposed by the state sales and use tax statutes, including, but
not limited to, Sections 40-23-1, 40-23-2, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63.
(c)(1) The County Commission of Calhoun County may levy in the police jurisdictions of the
incorporated municipalities in the county and in the unincorporated areas of the county, in
addition to all other taxes a sales and use tax, parallel to the state sales and use tax,
of up to two percent of the gross sales, gross receipts, or the fair and reasonable market
value of tangible personal property, as appropriate, except where a different rate is provided
herein. Notwithstanding any other part or provision of this section, no additional tax levied
by this section shall be levied or collected on the sale, storage, use, or...
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28-2-22
Section 28-2-22 Conditions governing sale of alcoholic beverages in county and municipalities
therein where majority of voters approve sale and distribution under article; penalty for
violation of section. (a) If the majority of the voters in any county approve the sale and
distribution of alcoholic beverages under this article as provided in Section 28-2-21, the
sale of alcoholic beverages in such county shall be governed by the following conditions:
(1) Within 90 days after the affirmative vote of the voters of a county, each governing body
of any incorporated municipality within such county may vote to exclude the sale of alcoholic
beverages within its limits as provided for in this article. If the governing body does not
take such action 90 days after the affirmative election, the provisions of this article shall
apply for a period of 10 years, after which the municipality shall again have 90 days to exclude
said municipality. Should a municipality choose to exclude the application...
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45-24-20
Section 45-24-20 Sunday sales of alcoholic beverages - Unincorporated areas. (a) This section
shall apply only in Dallas County. (b)(1) The voters of Dallas County may authorize the sale
of alcoholic beverages within the county on Sunday by an election pursuant to this section,
in the following manner: Within 30 days from April 2, 2012, the Dallas County Commission,
by resolution, may call an election for the county to determine the sentiment of the voters
of the county as to whether or not alcoholic beverages can be legally sold or distributed
on Sunday within the county. (2) On the ballot to be used for such election, the question
shall be in the following form: "Do you favor the legal sale and dispensing of alcoholic
beverages within the county on Sunday between 12:00 P.M. (noon), and 9:30 P.M., and on those
Sundays on which occurs New Year's Eve (December 31), after 12:00 P.M. (noon)? Yes ___ No
___." (c) The first election and any subsequent elections shall be held and the...
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45-28-21
Section 45-28-21 Regulation of sale and distribution of alcoholic beverages on Sunday - Municipalities.
(a) The voters of any municipality within Etowah County may authorize the sale of alcoholic
beverages within the municipality on Sunday by an election pursuant to this section, in the
following manner: The governing body of the municipality, by resolution, may call an election
for the municipality to determine the sentiment of the voters of the municipality residing
within the corporate limits, as to whether alcoholic beverages may be legally sold or distributed
on Sunday within the municipality. (b) On the ballot to be used for the election, the question
shall be in the following form: "Do you favor the legal sale and distribution of alcoholic
beverages within this municipality on Sundays as further provided for and regulated by ordinance
of the municipal governing body? Yes ___ No ___." (c) The first election and any subsequent
elections shall be held and the officers appointed to...
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45-48-20
Section 45-48-20 Regulation of sale of alcoholic beverages on Sunday. (a) The city council
of each municipality in Marshall County, where the sale of alcoholic beverages is legal, except
for Sunday sales of alcoholic beverages, by ordinance, may regulate the sale of all alcoholic
beverages including, but not limited to, draft beer and keg beer in any municipality within
the county. (b)(1) The voters of any municipality within the county may authorize the sale
of alcoholic beverages within the municipality on Sunday by an election pursuant to this section,
in the following manner: The governing body of the municipality, by resolution, may call an
election for the municipality to determine the sentiment of the voters of the municipality
residing within the corporate limits as to whether alcoholic beverages may be legally sold
or distributed on Sunday within the municipality. (2) On the ballot to be used for the election,
the question shall be in the following form: "Do you favor the...
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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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45-19A-30
Section 45-19A-30 Regulation of sale of alcoholic beverages on Sunday. (a) The voters of the
Town of Kellyton in Coosa County may authorize the sale of alcoholic beverages within the
municipality on Sunday by an election pursuant to this section, in the following manner: The
governing body of the Town of Kellyton, by resolution, may call an election for the municipality
to determine the sentiment of the voters of the municipality residing within the corporate
limits, as to whether or not alcoholic beverages can be legally sold or distributed on Sunday
within the municipality. (b) On the ballot to be used for such election, the question shall
be in the following form: "Do you favor the legal sale and distribution of alcoholic
beverages within this municipality on Sunday after 1:00 P.M.? Yes ___ No ___." (c) The
election shall be held and the officers appointed to hold the election in the manner provided
by law for holding other municipal elections, and the returns thereof tabulated and...
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45-19A-10
Section 45-19A-10 Regulation of sale of alcoholic beverages on Sunday. (a) This section shall
apply only to the City of Goodwater in Coosa County. (b)(1) The voters of the City of Goodwater
may authorize the sale of alcoholic beverages within the municipality on Sunday by an election
pursuant to this section, in the following manner: The governing body of the City of Goodwater,
by resolution, may call an election for the municipality to determine the sentiment of the
voters of the municipality residing within the corporate limits, as to whether or not alcoholic
beverages can be legally sold or distributed on Sunday within the municipality. (2) On the
ballot to be used for such election, the question shall be in the following form: "Do
you favor the legal sale and distribution of alcoholic beverages within this municipality,
on Sunday between 1:00 P.M. and 9:30 P.M. and on those Sundays on which occurs New Year's
Eve (December 31), after 1:00 P.M.? Yes ___ No ___." (3) The election...
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