45-36-20
Section 45-36-20 Charge of classification for incorporated municipalities. (a) Notwithstanding
any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant
to authority granted by Section 104 of the Constitution of Alabama of 1901, the electors of
an incorporated municipality located in Jackson County with a population of 2,500 or more
inhabitants may change its classification from dry to wet or wet to dry by a municipal option
election as provided by this section. (b)(1) Upon petition of 25 percent of the number of
voters voting in the last general election of the municipality having a population of 2,500
or more inhabitants being filed with the city or town clerk or governing body of the municipality,
the governing body shall call a municipal option election for the municipality to determine
the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed
in the municipality. The petition for the municipal option...
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11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under this chapter,
whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel
wagering thereon, shall be for an initial period of 20 years, but shall be subject to renewal
as provided in this section. A commission shall have no power to modify the terms of an operator's
license, once issued, without the prior written consent of the holder of such license. An
operator's license shall be reviewed annually, but such license shall be revocable by the
commission only if the holder thereof shall not be in compliance with the provisions of this
chapter or the valid rules, regulations and orders of the commission and such noncompliance
shall have continued for 60 days after written notice shall be given to such holder by the
commission stating the circumstances of noncompliance and demanding corrective action. (b)
A commission issuing an operator's license shall state therein...
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45-26A-60.01
Section 45-26A-60.01 Sunday sales of alcoholic beverages for off-premises consumption. (a)
This section shall apply only to the City of Tallassee in Elmore and Tallapoosa Counties.
(b) The voters of the City of Tallassee may authorize the sale of alcoholic beverages for
off-premises consumption within the municipality on Sunday between the hours of 1:00 p.m.
and midnight by an election pursuant to this section, in the following manner: The governing
body of the City of Tallassee, by resolution, shall hold a referendum at the next general
election in the city to determine if alcoholic beverages may be sold within the municipality
for off-premises consumption. (c) On the ballot to be used for such election, the question
shall be in the following form: "Do you favor the legal sale of alcoholic beverages within
this municipality for off-premises consumption on Sunday between the hours of 1:00 p.m. and
midnight? Yes ___ No ___." (d) The first election and any subsequent elections shall
be...
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45-28A-50
Section 45-28A-50 Regulation of sale and consumption of alcoholic beverages on Sunday. (a)
This section shall apply only to the City of Glencoe in Etowah and Calhoun Counties. (b) The
voters of the City of Glencoe may authorize the sale of alcoholic beverages within the city
on Sunday by an election pursuant to this section, in the following manner: The governing
body of the City of Glencoe, by resolution, may call an election for the city to determine
the sentiment of the voters of the city residing within the corporate limits, as to whether
or not alcoholic beverages can be legally sold or distributed on Sunday within the city. (c)
On the ballot to be used for such election, the question shall be in the following form: "Do
you favor the legal sale and distribution of alcoholic beverages within the City of Glencoe
on Sunday subject to regulation by the City Council? Yes ___ No ___." (d) The election
shall be held and the officers appointed to hold the election in the manner provided...
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45-39A-25
Section 45-39A-25 Regulation of sale and consumption of alcoholic beverages on Sunday. (a)
The voters of the Town of Lexington may authorize the sale of alcoholic beverages and draft
beer for on-premises and off-premises consumption within the town each day of the week except
Sunday by an election pursuant to this section, in the following manner: (1) The governing
body of the town, by resolution, shall call an election to determine the sentiment of the
voters of the town residing within the corporate limits, as to whether or not it may determine
whether alcoholic beverages and draft beer can be legally sold or distributed each day of
the week except on Sunday for on-premises and off-premises consumption within the town. (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 distribution of alcoholic beverages and draft beer for on-premises
and off-premises consumption within the corporate limits of the Town of...
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45-8A-125
Section 45-8A-125 Regulation of sale and distribution of alcoholic beverages on Sunday. (a)
The voters of the City of Southside in Etowah and Calhoun Counties may authorize the sale
of alcoholic beverages within the city on Sunday by an election pursuant to this section,
in the following manner: The governing body of the City of Southside, by resolution, may call
an election for the city to determine the sentiment of the voters of the city residing within
the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed
on Sunday within the city. (b) On the ballot to be used for such election, the question shall
be in the following form: "Do you favor the legal sale and distribution of alcoholic
beverages within the City of Southside on Sunday subject to regulation by the City Council?
Yes ___ No ___." (c) The election shall be held and the officers appointed to hold the
election in the manner provided by law for holding other city elections, and the...
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45-10A-10
Section 45-10A-10 Regulation of sale and consumption of alcoholic beverages on Sunday. (a)(1)
The council of the Town of Cedar Bluff, by resolution passed by simple majority, may regulate
and permit the sale, for on-premises consumption only, of alcoholic beverages on Sunday on
the licensed premises of retail licensees of the Alcoholic Beverage Control Board of the State
of Alabama and of the town serving the general public, and located within the corporate limits
of the town. (2) The provisions of subdivision (1) shall not be effective unless approved
by a majority of those voting at a referendum election in the town. The date of the referendum
shall be set by the council. The election shall be held in the manner provided by law for
holding other municipal elections, and the returns thereof tabulated and results certified
as provided by law for municipal elections. Notice of the election shall be given by the governing
body of the municipality by publication or by posting the notice...
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28-3-25
Section 28-3-25 Counties and municipalities authorized to extend time of sale of alcoholic
beverages on Sunday by resolution or referendum. (a)(1) Subject to subdivision (2), in any
wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic
beverages on Sunday after the hour of two o'clock a.m., for on-premises or off-premises consumption,
or both, as determined by the county commission or as specified in the referendum, if applicable,
by retail licensees of the Alcoholic Beverage Control Board. (2) The county commission of
any wet county, by resolution, may require a referendum to be held to determine whether Sunday
sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county
commission, the county shall hold the referendum and if a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages shall be permitted and
regulated as specified in the referendum. (b)(1) Subject...
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45-39A-25.01
Section 45-39A-25.01 Regulation of sale and distribution of alcoholic beverages and draft beer
except on Sunday. (a) The voters of the Town of Lexington may authorize the sale of alcoholic
beverages and draft beer for on-premises and off-premises consumption within the town each
day of the week except Sunday by an election pursuant to this section, in the following manner:
(1) The governing body of the town, by resolution, shall call an election to determine the
sentiment of the voters of the town residing within the corporate limits, as to whether or
not it may determine whether alcoholic beverages and draft beer can be legally sold or distributed
each day of the week except on Sunday for on-premises and off-premises consumption within
the town. (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 distribution of alcoholic beverages and draft
beer for on-premises and off-premises consumption within the corporate...
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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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