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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, ยง2.)...
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28-3A-3
Section 28-3A-3 Authority of board to issue licenses to engage in alcoholic beverage transactions.
(a) Subject to the provisions of this chapter and regulations promulgated thereunder, the
board is authorized and empowered to issue and renew licenses to reputable and responsible
persons for the following purposes: (1) To manufacture, brew, distill, ferment, rectify, bottle
or compound any or all alcoholic beverages within or for sale within this state. (2) To import
any or all alcoholic beverages manufactured outside the United States of America into this
state or for sale or distribution within this state. (3) To distribute, wholesale or act as
jobber for the sale of alcoholic liquor. (4) To distribute, wholesale or act as jobber for
the sale of table wine and beer or either of them, to licensed retailers within the state
and others within this state lawfully authorized to sell table wine or beer. (5) To store
or warehouse any or all alcoholic beverages for transshipment inside and...
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45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) 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 body disagrees with the conclusion reached by the court concerning...
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45-37-243.01
Section 45-37-243.01 Definitions. When used in this subpart, the terms (1) hotel, (2) restaurant,
(3) club, (4) corporation, (5) state liquor store, (6) liquor, (7) malt or brewed beverages,
(8) wine, (9) municipality, (10) package, (11) person, (12) sale or sell, and (13) board shall
have the same meaning ascribed to them by Section 1 of Title 29 of the 1940 Code of Alabama,
provided, however, the term person shall not mean and include the Alabama Alcoholic Beverage
Control Board, nor the members, officers, or employees thereof, while engaged in the performance
of their duties under the Alabama Alcoholic Beverage Control Act, nor any liquor store or
warehouse established, operated, and maintained by the Alabama Alcoholic Beverage Control
Board under the act. The word licensee shall mean a person, firm, corporation, or association
engaged in the sale of alcoholic beverages under a license issued by the board, and shall
also include any officer, servant, agent, or employee of a...
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45-37-243.02
Section 45-37-243.02 Levy of tax. (a) As used in this section, the following terms have the
meanings here given them: (1) COUNTY. Any county now or hereafter subject to this subpart.
(2) COUNTY GOVERNING BODY. The county board of revenue, the county commission, or other like
body of the county. (3) DIRECTOR OF COUNTY DEPARTMENT OF REVENUE. The director of the county
department of revenue, the license commissioner, or judge of probate of the county, or any
other public officer performing like duties in the county. (4) SECTION 3 AS AMENDED IN 1979.
Section 3 as amended by the 1979 amendment. (5) STATE ORIGINAL UNBROKEN PACKAGE POLICY. The
state policy in effect when the original Section 3 of Act 388 of the 1965 Regular Session
was approved in August 1965, prohibiting licensees from selling or keeping for sale liquor
or wine except in an original unbroken package. (6) THE 1979 AMENDMENT. The act the Legislature
of Alabama adopted during its Regular Session of 1979 amending the original...
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45-49-21.20
Section 45-49-21.20 Legislative findings. (a) The Legislature is cognizant of Opinion of the
Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Washington 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,
in part, was 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
body disagrees with the conclusion reached by the court concerning Section 104....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-21.20.htm - 4K - Match Info - Similar pages
11-63-3
Section 11-63-3 Form, terms, denominations, etc., of securities issued by municipalities generally;
sale, execution, delivery and refunding thereof; security for payment of principal and interest.
(a) Any securities issued by a municipality pursuant to authorization in Section 11-63-2 may
be either general obligations of the municipality or special obligations of the municipality
payable solely from a specified source or sources, which source or sources may include any
municipal revenues, or portions thereof, which the municipality may lawfully use for such
purpose. Such municipality may pledge for payment of the principal of and interest on any
such municipal securities that are general obligations any municipal revenues that may lawfully
be used for such purpose and may pledge for the benefit of any such special obligations issued
by it so much as may be necessary for said payment of the municipal revenues from which the
said special obligations are made payable. (b) Any such...
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28-3A-7
Section 28-3A-7 Importer license; issuance; restrictions on sales; registration of labels;
seizure of unregistered goods; monthly reports; inspections. (a) Upon applicant's compliance
with the provisions of this chapter and the regulations made thereunder, the board shall issue
to applicant an importer license which shall authorize the licensee to import alcoholic beverages
manufactured outside the United States of America into this state or for sale or distribution
within this state of liquor and wine to the board or the state, and table wine and beer to
wholesaler licensees of the board. No person shall import alcoholic beverages manufactured
outside the United States into this state or for sale or distribution within this state or
to the state, the board or any licensee of the board, unless such person shall be granted
an importer license issued by the board. (b) An importer licensee shall not sell any alcoholic
beverages for consumption on the premises where sold; nor, unless...
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28-8-2
Section 28-8-2 Designation of exclusive sales territory and exclusive wholesaler. Each manufacturer
or importer of alcholic beverages licensed by the board authorizing such licensee to sell
its alcoholic beverages within the State of Alabama, whose alcoholic beverages are sold through
wholesale licensees of the board to retail licensees of the board, shall designate exclusive
sales territories for each of its brands sold in Alabama and shall name one licensed wholesaler
for each such sales territory who, within such territory, shall be the exclusive wholesaler
for said brand or brands; provided where a manufacturer or importer licensee has more than
one brand of alcoholic beverages sold within this state, such licensee may designate the exclusive
sales territory to a different wholesaler for the sale of each of its brands and may designate
a different sales territory for each of its brands. Such manufacturer or importer licensee
shall enter into a territorial agreement, in writing,...
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28-8-8
Section 28-8-8 Unlawful acts and offenses; penalties. (a) Unlawful acts and offenses. It shall
be unlawful: (1) For any manufacturer or importer licensed by the board to sell its brand
or brands of alcoholic beverages in the State of Alabama to any person, except through the
board in the case of spirituous liquor and wine, other than to a licensed wholesaler designated
as the exclusive wholesaler for said brand or brands. (2) For any wholesaler to sell to a
retail licensee any brand of alcoholic beverages in the State of Alabama, except in the sales
territory designated by the manufacturer or importer licensee and set forth in a written territorial
agreement authorizing the sale by such wholesaler licensee of that brand within a designated
territory; provided, however, a licensed wholesaler may, with the approval of the board, service
a territory outside the territory designated to it during periods of temporary service interruptions
when so requested by the manufacturer or importer...
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