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28-3-23
Section 28-3-23 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017
REGULAR SESSION, EFFECTIVE MAY 26, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In
any county or municipality where the Sunday sale of alcoholic beverages is otherwise authorized
by law, including the sale for on-premises consumption at a time after 10:00 a.m., the sale
of alcoholic beverages on Sunday may be authorized for on-premises consumption commencing
on Sunday at 10:00 a.m., and thereafter, by the county commission outside of the corporate
limits of any municipality or the municipal governing body within the corporate limits of
a municipality by ordinance or by resolution of the appropriate governing body. (b) This section
shall not apply to any county or municipality where the sale of alcoholic beverages on Sunday
was authorized by a local law setting a later time for the sale of alcoholic beverages on
Sunday and the local law was subject to approval at a referendum unless the application...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-23.htm - 2K - Match Info - Similar pages
45-39A-30
Section 45-39A-30 Regulation of sale of alcoholic beverages. (a) The governing body
of the Town of Rogersville may, by ordinance adopted by a simple majority, authorize and permit
the sale of alcoholic beverages including permission to sell or dispense draft or keg beer
or malt beverages within the corporate limits of the municipality on each day of the week
except Sunday in the same manner as permitted on other days of the week. (b) The provisions
of this section are cumulative and supplemental to the present power and authority
of the Town of Rogersville, and this section is not intended to, nor shall it be interpreted
so as to repeal any existing power or authority of the Town of Rogersville now permitted under
the general laws of the state or under any local or special act of the Legislature. (Act 2015-329,
ยงยง1, 2.)...
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45-49-22.01
Section 45-49-22.01 Subsequent elections. Regardless of the result of the initial election
mandated by Section 45-49-22, or the result of any subsequent election held pursuant
to the following provisions of this section, any number of subsequent elections may
be called and held to authorize or prohibit the sale and distribution of alcoholic beverages
in Mobile County on Sundays after 12 o'clock noon as and to the extent permitted by this subpart.
An election on this question may be called by the Mobile County Commission acting on its own
volition through the adoption of a resolution receiving the affirmative votes of a majority
of the members of the commission. In addition, an election on this question shall be called
by the Mobile County Commission if there shall be filed with the commission, at any time after
the last election held pursuant to this subpart, appropriately certified copies of resolutions
requesting such an election that have been adopted by the governing bodies (in...
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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet
or dry counties; laws applicable in dry counties. (a) In every county where a majority of
the electors voting in an election, called by the Governor to determine whether Chapter 3
of this title shall be adopted in the county, vote "Yes," Chapter 3 and all of its
provisions shall be immediately put into operation in such county, but in every county where
a majority of the electors voting in the election vote "No," Chapter 3 shall not
go into effect in such county and all laws prohibiting the manufacture and sale of alcoholic
liquors or beverages now in force and effect in Alabama shall remain in full force and effect
in every such county. For the purpose of this chapter the term "wet county" shall
mean any county which by a majority of those voting voted in the affirmative in the election
provided for in this section, and "dry counties" shall be construed to mean
all counties which by a majority of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-2-1.htm - 3K - 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
45-17A-71
Section 45-17A-71 Regulation of sales for on-premises consumption. (a) This section
applies only in the City of Sheffield in Colbert County. (b) The sale of alcoholic beverages
for on-premises consumption during certain hours after 12:00 p.m. on Sundays is authorized
within the city as provided in subsection (c). (c) The Sheffield City Council, by ordinance,
may regulate and permit the sale of alcoholic beverages for on-premises consumption after
12:00 p.m. on Sundays by hotels and restaurants, as defined in Section 28-3-1, if such
hotels and restaurants are properly licensed retail licensees of the Alcoholic Beverage Control
Board. (d) The Sheffield City Council shall hold a referendum to determine if alcoholic beverages
may be sold in hotels and restaurants on Sundays. If a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages by properly licensed hotels
and restaurants after 12:00 p.m. on Sundays shall be authorized for on-premises...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17A-71.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-2A-3.htm - 1K - Match Info - Similar pages
28-3-43
Section 28-3-43 Functions, powers, and duties of board generally; examination of board
by Examiners of Public Accounts. (a) The functions, duties and powers of the board shall be
as follows: (1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages
in its possession for sale, as defined and enumerated in this chapter. (2) To control the
possession, sale, transportation and delivery of alcoholic beverages as enumerated and defined
in this chapter. (3) To determine the localities within which any state store shall be established
and operated and the location of such store. No store shall be established in and neither
the board nor any other person may legally buy, manufacture or sell alcoholic beverages in
any county which has voted in the negative in any election called as provided in Chapter 2
of this title for determining the said issue unless and until said county has at a subsequent
similar election voted in the affirmative. The board shall have the power...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-43.htm - 6K - Match Info - Similar pages
45-23A-20
Section 45-23A-20 Sale of draft or keg beer or malt beverages. (a) This section
only applies in the corporate limits of the City of Daleville. (b) Subject to subsection (d),
the sale of draft or keg beer or malt beverages for on-premises consumption by retail licensees
of the Alabama Alcoholic Beverage Control Board is authorized within the corporate limits
of the city. The sale of draft or keg beer or malt beverages by retail licensees of the Alabama
Alcoholic Beverage Control Board is authorized within the corporate limits of the city only
if such beverages are sold in kegs. (c) All ordinances relating to the sale, consumption,
and possession of bottled or canned beer shall apply to draft or keg beer or malt beverages.
(d) The governing body of the city shall hold a referendum to determine if draft or keg beer
may be sold for on-premises consumption. If a majority of the voters voting thereon in the
municipality vote in favor of the question, then the sale of draft or keg beer for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23A-20.htm - 1K - Match Info - Similar pages
45-23A-90
Section 45-23A-90 Sale of draft or keg beer or malt beverages. (a) This section
only applies in the corporate limits of the City of Ozark. (b) Subject to subsection (d),
the sale of draft or keg beer or malt beverages for on-premises consumption by retail licensees
of the Alabama Alcoholic Beverage Control Board is authorized within the corporate limits
of the city. The sale of draft or keg beer or malt beverages by retail licensees of the Alabama
Alcoholic Beverage Control Board is authorized within the corporate limits of the city only
if such beverages are sold in kegs. (c) All ordinances relating to the sale, consumption,
and possession of bottled or canned beer shall apply to draft or keg beer or malt beverages.
(d) The governing body of the city shall hold a referendum to determine if draft or keg beer
may be sold for on-premises consumption. If a majority of the voters voting thereon in the
municipality vote in favor of the question, then the sale of draft or keg beer for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23A-90.htm - 1K - Match Info - Similar pages
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