Code of Alabama

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45-48A-30
Section 45-48A-30 Sale of draft or keg beer or malt beverages. (a) The sale of draft or keg
beer or malt beverages for only on-premises consumption by retail licensees of the Alabama
Alcoholic Beverage Control Board is authorized in the City of Boaz. All resolutions and ordinances
relating to the sale, consumption, and possession of bottled or canned beer in such city shall
apply to draft or keg beer or malt beverages. The governing body of the city may adopt an
ordinance regulating the sale of draft or keg beer or malt beverages pursuant to this section.
(b) All laws or parts of laws which conflict with this section are repealed. However, the
provisions of this section are cumulative and supplementary and shall not be construed to
repeal or supersede any laws or parts of laws not directly inconsistent herewith. (Act 2013-417,
p. 1670, §§ 2, 3.)...
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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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11-51-200
Section 11-51-200 Levy of sales tax authorized; exemption; construction. The governing body
of any municipality within the State of Alabama may provide by ordinance for the levy and
assessment of sales taxes, parallel to the state levy of sales taxes as levied by Sections
40-23-1, 40-23-2, 40-23-2.1, 40-23-4 to 40-23-31, inclusive, 40-23-36, 40-23-37, except for
those provisions relating to the tax rate, and 40-23-38, except where inapplicable or where
otherwise provided in this article; provided, that no municipality may levy any such tax against
the Alcoholic Beverage Control Board of the State of Alabama in the sale of alcoholic beverages.
The phrase "except where inapplicable," contained herein and in Sections 11-51-201,
11-51-202, and 11-51-203, shall not be construed to permit a self-administered municipality
to adopt or interpret an ordinance, resolution, policy, or practice that relies on that phrase,
either directly or indirectly, in order to disavow, disregard, or attempt to...
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45-37-20
Section 45-37-20 Issuance and regulation of liquor licenses. (a)(1) As used in this section,
the following words and terms have the meanings hereby ascribed to them: a. ABC LAW. Chapter
3 of Title 28, which establishes and governs the Alcoholic Beverage Control Board. b. AUTHORITY.
A civic center authority heretofore or hereafter established by and under Acts 1965, No. 547,
1965 Regular Session (Acts 1965, p. 797), approved August 20, 1965, (Appendix, Sections 1049(78)
to 1049 (84)), and any board or commission created by ordinance by any municipality within
the state for the purpose of operating a civic center. c. BOARD. The Alcoholic Beverage Control
Board. d. CIVIC CENTER. The civic center established by the authority under Section 6 of Acts
1965, No. 547, 1965 Regular Session (Acts 1965, p. 797) (Appendix, Section 1049(83)), and
also, any civic center operated by a board or commission created by ordinance by any municipal
corporation within the state for the purpose of operating a...
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35-8B-1
Section 35-8B-1 Definitions; sale of alcoholic beverages. (a) "Community development district"
shall mean a private residential development that: (1) Is a size of at least 250 acres of
contiguous land area; (2) has at least 100 residential sites, platted and recorded in the
probate office of the county as a residential subdivision; (3) has streets that were or will
be built with private funds; (4) has a social club with: (i) an 18-hole golf course of regulation
size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving
meals, with a seating capacity of at least 60 patrons; (iii) social club memberships with
at least 100 paid-up members who have paid a membership initiation fee of not less than two
hundred fifty dollars ($250) per membership; (iv) membership policies whereby membership is
not denied or impacted by an applicant's race, color, creed, religion, or national origin;
and (v) a full-time management staff for the social activities of the club,...
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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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28-3-1
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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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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45-37A-57
Section 45-37A-57 Regulation of alcoholic beverage sales on Sunday. (a) In addition to any
other authority for the sale of alcoholic beverages on Sunday, the Birmingham City Council
may authorize the sale of alcoholic beverages for on-premises consumption on Sunday commencing
at 10:00 a.m. (b) This section is supplemental and shall not be construed to repeal any other
law except to the extent of any direct conflict with this section. (Act 2018-387, §§2,3;Act
2018-514, §§2,3 .)...
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28-1-7
Section 28-1-7 Alcoholic Beverage Control Board prohibited from issuing licenses for sale of
intoxicating beverages in Class IV municipalities; exceptions. REPEALED IN THE 2020 REGULAR
SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) All other provisions of law, rules, or regulations to the contrary notwithstanding, the
Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form
of license in a Class IV municipality organized pursuant to Section 11-44B-1, et seq., including,
but not limited to, on or off-premise consumption licenses, special event or special retail
licenses, restaurant or lounge licenses, club licenses, or other licenses for the retail sale
of any form of intoxicating beverages, including, but not limited to, beer and other forms
of malt beverages, wine, liquor, or other alcoholic beverages regulated by the board, unless
the application therefore has first been approved by the governing...
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