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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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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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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45-8A-116
Section 45-8A-116 Regulation of sale of alcoholic beverages on Sunday. (a) This section applies only in the City of Oxford in Calhoun County, Cleburne County, and Talladega County. (b) The sale of alcoholic beverages on Sundays may be authorized by the city council within the corporate limits of the City of Oxford after approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by a referendum, the city council of the city, by ordinance, may permit the sale and consumption of alcoholic beverages on Sunday as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board. Pursuant to this authority, the city council may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for off-premises consumption, and any other aspect of the Sunday sale of alcoholic beverages. (c) The city shall hold a referendum to determine if the public favors the sale of...
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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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45-9A-53
Section 45-9A-53 Regulation of sale and consumption of alcoholic beverages on Sunday. (a) This section applies only in the City of Lanett in Chambers County. (b) The sale of alcoholic beverages after 12:00 p.m. on Sundays may be authorized by the city council within the corporate limits of the City of Lanett after approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by a referendum, the city council of the city, by ordinance, may permit the sale and consumption of alcoholic beverages on Sunday after 12:00 p.m. as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board. Pursuant to this authority, the city council may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for off-premises consumption, and any other aspect of the Sunday sale of alcoholic beverages. (c) The city shall hold a referendum to determine if the public favors the...
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45-9A-61
Section 45-9A-61 Regulation of sale and consumption of alcoholic beverages on Sunday. (a) This section applies only in the City of Valley in Chambers County. (b) The sale of alcoholic beverages after 12:00 p.m. on Sundays may be authorized by the city council within the corporate limits of the City of Valley after approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by a referendum, the city council of the city, by ordinance, may permit the sale and consumption of alcoholic beverages on Sunday after 12:00 p.m. as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board. Pursuant to this authority, the city council may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for off-premises consumption, and any other aspect of the Sunday sale of alcoholic beverages. (c) The city shall hold a referendum to determine if the public favors the...
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45-16A-30.03
Section 45-16A-30.03 Regulation of sale and consumption of alcoholic beverages on Sunday. (a) This section applies only in the City of Enterprise in Coffee County and Dale County. (b) The sale of alcoholic beverages on Sundays may be authorized by the city council within the corporate limits of the City of Enterprise subject to approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by the referendum, the city council of the city, by ordinance, may permit the sale and consumption of alcoholic beverages subject to the referendum as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board serving the general public. Pursuant to authority granted pursuant to this section, the city council may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for on-premises or off-premises consumption, or both, the times on Sunday when the sale of alcoholic...
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45-23A-90.01
Section 45-23A-90.01 Regulation of sale and consumption of alcoholic beverages on Sunday. (a) The sale of alcoholic beverages on Sundays may be authorized by the city council within the corporate limits of the City of Ozark in Dale County subject to approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by the referendum, the city council of the city, by ordinance, may permit the sale and consumption of alcoholic beverages subject to the referendum as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board serving the general public. Pursuant to authority granted pursuant to the referendum, the city council may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for on-premises or off-premises consumption, or both, and any other aspect of the Sunday sale of alcoholic beverages. (b) The city shall hold a referendum to determine whether to...
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45-24-20
Section 45-24-20 Sunday sales of alcoholic beverages - Unincorporated areas. (a) This section shall apply only in Dallas County. (b)(1) The voters of Dallas County may authorize the sale of alcoholic beverages within the county on Sunday by an election pursuant to this section, in the following manner: Within 30 days from April 2, 2012, the Dallas County Commission, by resolution, may call an election for the county to determine the sentiment of the voters of the county as to whether or not alcoholic beverages can be legally sold or distributed on Sunday within the county. (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 dispensing of alcoholic beverages within the county on Sunday between 12:00 P.M. (noon), and 9:30 P.M., and on those Sundays on which occurs New Year's Eve (December 31), after 12:00 P.M. (noon)? Yes ___ No ___." (c) The first election and any subsequent elections shall be held and the...
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