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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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45-36-20
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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45-13-20
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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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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28-2A-1.1
Section 28-2A-1.1 Ratification and confirmation of municipal option elections and related
taxes and licenses. (a) Each municipality with a population of 1,000 or more which held an
election pursuant to Section 28-2A-1, as amended by Act 2009-546, of the 2009 Regular
Session (Acts 2009, p. 1446), in which the majority of the voters voting in the municipal
option election voted to allow the sale, distribution, and consumption of alcoholic beverages
within the municipality are hereby declared wet and may continue the sale, distribution, and
consumption of such beverages. (b) Municipalities to which this section applies shall
remain wet unless and until the municipality, in any subsequent municipal option election
held pursuant to this chapter, elects to change to a dry municipality, notwithstanding the
result of any subsequent county election or special method referendum. (c) Any taxes or licenses
levied and collected pursuant to a municipal option election conducted in accordance with...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-1.htm - 12K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages
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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28-2A-3
Section 28-2A-3 Legislative intent. It is hereby declared the intention and the purpose
of this article to permit an election by the citizens of certain municipalities to determine
the wet or dry status of such municipalities with regard to the sale, distribution, and consumption
of alcoholic beverages within the corporate limits of such municipalities; and further that
such election shall be provided only in those municipalities which can provide safeguards
for the protection of the public welfare, health, peace, and morals of the people. In the
furtherance of the protection of the public welfare, health, peace, and morals, the Legislature
has determined that a population classification should be established to provide this method
of municipal option election only in those municipalities with a population of 1,000 or more
people within a county, it being the judgment of the Legislature that municipalities with
a lesser population would be unable to support and maintain such protection...
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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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