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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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45-3A-20
Section 45-3A-20 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 14, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The city council or
other governing body of the City of Bridgeport in Jackson County, by resolution adopted by
a majority of the council, may regulate and permit the sale of alcoholic beverages during
certain hours on Sunday as determined by the city council by properly licensed retail licensees
of the Alcoholic Beverage Control Board and the City of Bridgeport serving the general public
in the city. (Act 2018-223, §1.)...
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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...
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11-3A-4
Section 11-3A-4 Alcoholic beverage licenses in Class 3 municipalities with elected county commission
chair. (a) This section shall apply to any county with a Class 3 municipality that has an
elected county commission chair. (b) All other provisions of law, rules, or regulations to
the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board may not issue in
the unincorporated area of any applicable county any form of license, including, but not limited
to, off-premise consumption licenses, restaurant licenses, or club licenses, for the retail
sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer,
wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following
requirements are satisfied: (1) The application has first been approved by the county commission.
(2) The denial of approval by the county commission has been set aside by order of the circuit
court of the county on the grounds that approval by the...
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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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45-2-20.02
Section 45-2-20.02 Prohibited entertainment, attire, and conduct. The following types of entertainment,
attire, and conduct are prohibited upon any premises of a licensed establishment within the
unincorporated area of Baldwin County. (1) The employment or use of any person, in any capacity,
in the sale or service of alcoholic beverages while the person is unclothed or in such attire,
costume, or clothing, as to expose to view any portion of the female breast below the top
of the areola, or of any portion of the male or female pubic hair, anus, cleft of the buttocks,
vulva, or genitals. (2) Live entertainment where any person appears in the manner described
in subdivision (1) or where the person perform, or the person performs, acts of or acts which
simulate any of the following: a. Sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual act which is prohibited by law. b. The caressing or
fondling of the breasts, buttocks, anus, or genitals....
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45-49-20.02
Section 45-49-20.02 Prohibited entertainment, attire, and conduct. The following types of entertainment,
attire, and conduct are prohibited upon any premises of a licensed establishment within the
unincorporated area of Mobile County: (1) The employment or use of any person, in any capacity,
in the sale or service of alcoholic beverages while the person is unclothed or in such attire,
costume, or clothing, as to expose to view any portion of the female breast below the top
of the areola, or of any portion of the male or female pubic hair, anus, cleft of the buttocks,
vulva, or genitals. (2) Live entertainment where any person appears in the manner described
in paragraph a. or where the persons perform, or the person performs, acts of or acts which
simulate any of the following: a. Sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or any sexual act which is prohibited by law. b. The caressing,
licking, kissing, or fondling of the breasts, buttocks,...
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28-2-21
Section 28-2-21 Petitioners for election under Section 28-2-1 may request election on adoption
of this article; question to be asked voters. Whenever petitioners for an election under Section
28-2-1 shall so desire, the petition shall contain the following: "It is requested that
the election herein requested be on the adoption of the Special Method Referendum Act of 1971."
In an election called for the above-stated act, the voters of the county shall be asked the
question: "Do you favor the legal sale and distribution of alcoholic beverages within
this county under the Special Method Referendum Act of 1971? Yes _____, No _____." (Acts
1971, No. 1266, p. 2195, §2.)...
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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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