Code of Alabama

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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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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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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...
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28-4A-3
Section 28-4A-3 Brewpub licensing and requirements; conditions. (a) In addition to the licenses
authorized to be issued and renewed by the board pursuant to the Alcoholic Beverage Licensing
Code codified as Chapter 3A of this title, the board, upon applicant's compliance with this
chapter, Chapter 3A and the rules adopted thereunder, and the conditions set forth in subsection
(b), may issue to a qualified applicant a brewpub license which shall authorize the licensee
to do all of the following: (1) Manufacture or brew beer, in a quantity not to exceed 10,000
barrels in any one year, and to sell beer brewed on the licensed premises in unpackaged form
at retail for on-premises consumption at the licensed premises only. (2) Sell beer brewed
on the licensed premises in packaged form at retail for off-premises consumption, provided
the beer sold for off-premises consumption may not exceed 288 ounces per customer per day
and shall be sealed, labeled, packaged, and taxed in accordance with...
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45-35-21.01
Section 45-35-21.01 Sale of draft or keg beer by retail licensees. (a)(1) This section shall
only apply in Houston County. (2) Subsection (b) shall take effect on July 1, 2006. (b)(1)
The sale of draft or keg beer by any retail licensee of the Alcoholic Beverage Control Board
is authorized in Houston County outside of the corporate limits of any municipality in the
county. (2) Within the corporate limits of any municipality in the county, the municipal governing
body may authorize the sale of draft or keg beer by retail licensees of the Alcoholic Beverage
Control Board for on-premises consumption or off-premises consumption, or both. (Act 2006-363,
p. 958, §§1, 2.)...
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22-20-5
Section 22-20-5 Regulations for establishments handling food and providing public accommodations.
(a) The State Committee on Public Health shall, as conditions demand, adopt and promulgate
regulations for the construction, maintenance and operation of all establishments, and their
immediate surroundings, in which foods or beverages intended for sale for human consumption
are made, prepared, processed, displayed for sale in an unpackaged state or served and for
the construction, maintenance and operation of hotels, inns, taverns, motels, tourist courts,
tourist homes, trailer courts or any place where sleeping accommodations for transients, tourists
or vacationists are advertised for sale, as well as regulations for the construction, maintenance
and operation of exhibition-ground food concessions, poultry slaughterhouses and animal slaughterhouses,
and their surroundings; except, that the authority hereby vested shall not include the authority
to conduct meat and poultry slaughter and...
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40-23-2
Section 40-23-2 Tax levied on gross receipts; certain sales exempt; disposition of funds. There
is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected
as herein provided, a privilege or license tax against the person on account of the business
activities and in the amount to be determined by the application of rates against gross sales,
or gross receipts, as the case may be, as follows: (1) Upon every person, firm, or corporation,
(including the State of Alabama and its Alcoholic Beverage Control Board in the sale of alcoholic
beverages of all kinds, the University of Alabama, Auburn University, and all other institutions
of higher learning in the state, whether the institutions be denominational, state, county,
or municipal institutions, any association or other agency or instrumentality of the institutions)
engaged or continuing within this state, in the business of selling at retail any tangible
personal property whatsoever, including...
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45-8-22
Section 45-8-22 Special licenses; additional taxes; maintenance of records. (a) It shall be
unlawful for any person, firm, or corporation, other than the state Alcoholic Beverage Control
Board, to sell at retail in Calhoun County any spirituous or vinous liquors without first
obtaining a special license from the judge of probate that shall be in addition to all other
licenses required by law. The amount of the special license shall be determined by the county
commission and shall be levied in the same manner as other county licenses are levied. Licenses
required by this subsection shall expire on September 30th following the date of purchase.
All proceeds from sales of the special licenses shall be placed in the general fund of the
county. (b) In addition to all other taxes levied on the possession for sale, or the sale,
of alcoholic beverages in Alabama, a tax is levied on the possession for sale, or the sale
of, spirituous or vinous beverages in Calhoun County in an amount set by the...
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45-37-20.01
Section 45-37-20.01 Temporary permit to civic center authority; permits to certain licensed
retailers. (a) The Alabama Alcoholic Beverage Control Board may grant to any civic center
authority, to which the board may have theretofore issued or may simultaneously therewith
issue a civic center liquor license under Section 45-37-20, a revocable temporary permit entitling
such civic center authority to sell or dispense in any part of its civic center for consumption
therein draft or keg beer or malt beverages. The board may revoke any such temporary permit
so granted if, in the judgment of the board, such sale or dispensing of draft or keg beer
or malt beverages is prejudicial to the welfare, health, peace, and safety of the people of
the community wherein the civic center is located or of the state. (b) The Alabama Alcoholic
Beverage Control Board may grant permits to licensed retailers to sell or dispense draft or
keg beer or malt beverages anywhere within any county wherein the board is...
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45-37-90.07
Section 45-37-90.07 Collection of fees and charges. (a) The Legislature hereby makes the following
findings: (1) Amendment 280 to the Constitution of Alabama 1901, provides that no tax levied
by the state or any municipality or county of the state shall apply to the authority, unless
such tax applies to the county and to the city where the authority is incorporated. (2) The
authority engages in various transactions at its facilities that would give rise to taxes
that would be levied by the state or any municipality or county of the state with respect
to such transactions if Amendment 280 did not exempt the authority from such taxes, such taxes
being herein referred to as transaction-related taxes. These transaction-related taxes may
include, but shall not be limited to, leasing or rental taxes, sales taxes, lodging taxes,
and taxes on the sale of alcoholic beverages or tobacco products. The Legislature intends
that the authority shall be allowed to collect a fee or charge in lieu of...
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