Code of Alabama

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45-39A-70
Section 45-39A-70 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2016 REGULAR SESSION,
EFFECTIVE MAY 12, 2016. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The voters of the
Town of Lexington may authorize the sale of alcoholic beverages and draft beer for on-premises
and off-premises consumption within the town each day of the week except Sunday by an election
pursuant to this section, in the following manner: (1) The governing body of the town, by
resolution, shall call an election to determine the sentiment of the voters of the town residing
within the corporate limits, as to whether or not it may determine whether alcoholic beverages
and draft beer can be legally sold or distributed each day of the week except on Sunday for
on-premises and off-premises consumption within the town. (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 and draft beer for...
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45-37-22.04
Section 45-37-22.04 Effects of election. If a majority of the voters voting in any election
held pursuant to this part vote ''Yes'', the activities enumerated in Section 45-37-27.03
which shall become lawful in Jefferson County on Sunday after 12:00 o'clock noon shall be
lawful in each and every municipality or part thereof located in Jefferson County, even though
a ''No'' vote may be cast by a majority of the voters living in such municipality who voted
in such election; provided that nothing contained in this part shall be construed to permit
the increased sale, distribution, or consumption of alcoholic beverages on Sunday in any part
of any municipality located in any county other than Jefferson County. If a majority of the
voters voting in any election held pursuant to this part vote ''No'', none of the activities
enumerated in Section 45-37-27.03 shall be lawful on Sundays after 12:00 o'clock noon or at
any other time on Sunday except during the two-hour period between midnight of...
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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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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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45-23-20.02
Section 45-23-20.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR
SESSION, EFFECTIVE MARCH 15, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Subject
to the subsection (c), and except as otherwise provided in subsection (b), the sale of alcoholic
beverages for on-premises and off-premises consumption on Sundays between the hours of 1:00
P.M. and midnight is authorized within Dale County by properly licensed retail licensees of
the Alcoholic Beverage Control Board. (b) Any municipality in Dale County, by ordinance or
resolution of the municipal governing body, may opt out of subsection (a). (c) The Judge of
Probate of Dale County shall hold a referendum at the general election in November 2018 to
determine if alcoholic beverages for on-premises and off-premises consumption may be sold
on Sundays in Dale County. The election shall be held in the manner provided by law for holding
other county elections, and the returns thereof tabulated and results...
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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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45-13-20
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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45-28-21.01
Section 45-28-21.01 Regulation of sale and distribution of alcoholic beverages on Sunday -
Unincorporated areas. (a) The voters in the unincorporated area of Etowah County may authorize
the sale of alcoholic beverages within the unincorporated area of the county on Sunday by
an election pursuant to this section, in the following manner: The county commission, by resolution,
may call an election to determine the sentiment of the voters residing outside the corporate
limits of any municipalities within the county, as to whether alcoholic beverages may be legally
sold or distributed on Sunday in the unincorporated area of the county as further provided
for and regulated by ordinance of the county commission. (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 outside the corporate limits of any municipalities
within the county on Sunday as further provided for and regulated by...
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