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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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45-44-20.02
Section 45-44-20.02 Distribution of funds from Sunday sales. (a) This section shall apply only
to Macon County. (b) The Macon County Commission shall distribute forty thousand dollars ($40,000)
per annum from the sale of alcoholic beverages after 12:00 P.M. on Sunday to the Macon County
Public Library. (Act 99-555, p. 1199, §§ 1, 2.)...
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45-8-22
Section 45-8-22 Special licenses; additional taxes; maintenance of records. (a) It shall be
unlawful for any person, firm, or corporation, other than the state Alcoholic Beverage Control
Board, to sell at retail in Calhoun County any spirituous or vinous liquors without first
obtaining a special license from the judge of probate that shall be in addition to all other
licenses required by law. The amount of the special license shall be determined by the county
commission and shall be levied in the same manner as other county licenses are levied. Licenses
required by this subsection shall expire on September 30th following the date of purchase.
All proceeds from sales of the special licenses shall be placed in the general fund of the
county. (b) In addition to all other taxes levied on the possession for sale, or the sale,
of alcoholic beverages in Alabama, a tax is levied on the possession for sale, or the sale
of, spirituous or vinous beverages in Calhoun County in an amount set by the...
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11-47-138
Section 11-47-138 Establishment, regulation, etc., of slaughterhouses and pens; regulation
of sale, etc., of fresh meats, etc.; fees and charges. All cities and towns of this state
shall have the power to establish, control, and regulate slaughterhouses and pens and to confine
the same to a specified limit in or outside of the city or town or prohibit the same within
the police jurisdiction of the city or town, and to regulate the sale of fresh meats within
the city or town, whether butchered therein or not, and to establish a system of inspecting
such slaughterhouses and such meats, either before or after the same are butchered, and to
prohibit the sale of such meats after the same are condemned, and provide for the disposition
thereof. Such cities and towns shall also have the power to provide for the weighing and herding
outside of the city or town of all livestock intended for slaughter and to fix, regulate,
and collect reasonable fees and charges to pay the expenses of carrying...
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28-3-11
Section 28-3-11 Invoices and receipts to be maintained by persons, firms, etc., selling or
shipping goods, merchandise, etc., to persons, firms, etc., in another state or to federal
government for army, navy or marine purposes; exemption from taxation goods purchased from
Alcoholic Beverage Control Board for export to another country. (a) Where goods, wares, or
merchandise enumerated in this chapter are sold or shipped to any person, firm, corporation,
or association of persons in another state, the seller or shipper in this state shall make
and preserve for three years a duplicate invoice bill, giving the name of the person, firm,
corporation, or association of persons to whom shipped, delivered, or sold, the date of sale
or shipment, and the quantity of the merchandise sold or shipped. The seller in this state
shall have on file a freight, express, or postal receipt for the merchandise showing that
the merchandise was turned over to a common carrier engaged in interstate commerce. If...
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28-3-284
Section 28-3-284 Levy of additional local taxes or fees prohibited. Any county or municipality
receiving any additional taxes pursuant to the provisions of this article shall be prohibited
from levying any additional taxes or fees on the sale of alcoholic beverages which would be
collected by the Alabama Alcoholic Beverage Control Board or its stores. (Acts 1982, No. 82-427,
p. 675, §5.)...
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28-4-150
Section 28-4-150 Sales by wholesale druggists generally; said druggists to file monthly statements
as to sales with Alcoholic Beverage Control Board. Wholesale druggists may sell in wholesale
quantities to retail druggists, public or charitable hospitals and medical or pharmaceutical
colleges pure alcohol for medicinal purposes only and grain alcohol to be used by chemists
or bacteriologists actually engaged in scientific work for such purposes only. Such wholesale
druggists shall, at the end of each month in which any such sales have been made, file with
the Alcoholic Beverage Control Board a statement in writing giving the name of the purchaser,
the price paid, the date of sale and the quantity and character of the alcohol sold. (Acts
1915, No. 1, p. 1; Code 1923, §4718; Code 1940, T. 29, §188.)...
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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40-23-2
Section 40-23-2 Tax levied on gross receipts; certain sales exempt; disposition of funds. There
is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected
as herein provided, a privilege or license tax against the person on account of the business
activities and in the amount to be determined by the application of rates against gross sales,
or gross receipts, as the case may be, as follows: (1) Upon every person, firm, or corporation,
(including the State of Alabama and its Alcoholic Beverage Control Board in the sale of alcoholic
beverages of all kinds, the University of Alabama, Auburn University, and all other institutions
of higher learning in the state, whether the institutions be denominational, state, county,
or municipal institutions, any association or other agency or instrumentality of the institutions)
engaged or continuing within this state, in the business of selling at retail any tangible
personal property whatsoever, including...
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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
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