Code of Alabama

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45-35-20
Section 45-35-20 Legislative findings. The Legislature finds all of the following: (1) The
authority of the Legislature to enact local laws regulating the liquor traffic is preserved
in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the
Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) Relying on
prior judicial opinions of the federal courts, it has been clearly established that reducing
the secondary effects associated with adult entertainment businesses serves and furthers a
substantial governmental interest, particularly when the serving of alcohol is involved. (3)
Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic
beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults
on police officers in and around an establishment dealing in or permitting the consumption
of alcoholic beverages, and that actual and simulated nudity and sexual conduct...
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11-47-170
Section 11-47-170 Acquisition of lands, easements, etc., by municipality; limitations on condemnation.
(a) Except as otherwise provided in subsection (b), whenever in the judgment of the council,
commission, or other governing body of a city or town it may be necessary or expedient for
the carrying out and full exercise of any power granted by the applicable provisions of this
title or any other applicable provision of law, the town or city shall have full power and
authority to acquire by purchase the necessary lands or rights, easements, or interests therein,
thereunder, or thereover or, for the purposes for which private property may be acquired by
condemnation, may proceed to condemn the same in the manner provided by this article, or by
the general laws of this state governing the taking of lands or the acquiring of interests
therein for the uses for which private property may be taken, and such proceedings shall be
governed in every respect by the general laws of this state...
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33-15-6
Section 33-15-6 Powers, duties and functions generally. The general powers, duties and functions
of the authority shall be as follows: (1) GENERAL. The authority: a. Shall have perpetual
succession in its corporate name; b. May bring civil actions and have civil actions brought
against it in its corporate name; c. May adopt, use, and alter a corporate seal, which shall
be judicially noticed; d. May enter into such contracts and cooperative agreements with federal,
state and local governments, with agencies of such governments and with private individuals,
corporations, associations and other organizations, including the Bear Creek Watershed Association,
Inc., whether organized under the laws of Alabama or of another state, as the board may deem
necessary or convenient to enable it to carry out the purposes of this article, which authorization
shall include without limitation contracts and cooperative arrangements with any of the several
states and with counties and municipalities in...
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45-45A-40
Section 45-45A-40 Regulation and sale of alcoholic beverages. (a) Except as provided in this
section, in order to provide for additional local control and regulation of the sale of alcoholic
beverages in areas of the City of Madison located within Madison County, in addition to all
other power and authority granted by state law, the governing body of the City of Madison
is hereby authorized to regulate the days and hours of operation of establishments selling
and serving alcoholic beverages, specify zones in the city in which businesses required to
have retail off-premises or on-premises Alcoholic Beverage Control Board licenses may operate,
issue and set fees for local business licenses for establishments selling and serving alcoholic
beverages, and adopt ordinances regulating the establishments. Any authority granted herein
shall not be construed to affect, modify, or amend the authority otherwise reserved to the
state for the issuance and revocation of licenses for the sale of...
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11-43A-28
Section 11-43A-28 Qualifications of city manager; duties; designation or appointment of administrative
officer to perform duties of manager during temporary absence or disability. The city manager
shall be chosen by the council solely on the basis of his executive and administrative qualifications
with special reference to his actual experience in, or his knowledge of, accepted practice
in respect to the duties of his office as hereinafter set forth. At the time of his appointment,
he may but need not be a resident of the municipality or state, but during his tenure of office
he shall reside within the municipality. The city manager shall be the head of the administrative
branch of the municipal government. He shall be responsible to the council for the proper
administration of all affairs of the municipality and, subject to the provisions of any civil
service or merit system law applicable to such municipality and except as otherwise provided
herein, he shall have power and shall be...
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45-38-141.05
Section 45-38-141.05 Powers of authority; rates and charges. (a) The authority shall have the
following powers, together with all powers incidental thereto or necessary to the discharge
thereof in corporate form: (1) To have succession by its corporate name for the duration of
time specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this part, and to defend civil actions against
it. (3) To adopt and make use of a corporate seal and to alter the same at pleasure. (4) To
adopt and alter bylaws for the regulation and conduct of its affairs and business. (5) To
acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties and
whether located within or outside the service area. (6) To make, enter into, and execute such
contracts, agreements, leases, and other instruments and to take such...
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45-49-120.08
Section 45-49-120.08 Rulemaking authority. (a) The director shall recommend such rules as he
or she may consider necessary, appropriate, or desirable to carry out this part, and may from
time to time recommend amendments thereto. When such rules or amendments are recommended by
the director, the board shall hold a public hearing thereon, and at or after such hearing
shall approve or reject the recommendations of the director wholly or in part or to modify
them and approve them as so modified. Rules hereunder shall be recommended by the director
with or without the advice of any appointing authorities as soon as practicable after his
or her appointment. The board shall have power on its own initiative to propose rules, amendments,
or additions to the rules and, after holding a public hearing thereon, adopt, modify, or reject
them. (b) Rules adopted under this section shall have the force and effect of law. (c) Among
other things, such rules shall provide for the method of administering...
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41-22-2
Section 41-22-2 Legislative intent and purpose; effect on substantive rights; applicability;
rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for
the operation of all state agencies when they take action affecting the rights and duties
of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures
conferring additional rights upon the public; and, save for express provisions of this act
to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute
prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the
following: a. Provide legislative oversight of powers and duties delegated to administrative
agencies. b. Increase public accountability of administrative agencies. c. Simplify government
by assuring a uniform minimum procedure to which all agencies will be...
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45-48-40
Section 45-48-40 Branch banking authorized. (a) Any bank, incorporated under the laws of this
state and having a banking office in Marshall County, and any national bank having a combined
paid in capital and earned surplus of at least two hundred thousand dollars ($200,000), shall
have the power to establish, maintain, and operate within the limits of such county, one or
more branches or branch banks, and to conduct all types of banking and trust business at such
branch or branch bank as such bank is lawfully authorized to conduct at its principal office;
provided that no branch may be established within the city limits of any incorporated municipality
having a population of 5,000 or less in accord with the present or any subsequent federal
decennial census and in which a bank is already established; and further provided that any
such branch or branch bank lawfully established under this section may continue to operate
if the population of the incorporated municipality in which it is...
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8-1A-2
Section 8-1A-2 Definitions. As used in this chapter, each of the following words have the following
meanings: (1) AGREEMENT. The bargain of the parties in fact, as found in their language or
inferred from other circumstances and from rules, regulations, and procedures given the effect
of agreements under laws otherwise applicable to a particular transaction. (2) AUTOMATED TRANSACTION.
A transaction conducted or performed, in whole or in part, by electronic means or electronic
records, in which the acts or records of one or both parties are not reviewed by an individual
in the ordinary course in forming a contract, performing under an existing contract, or fulfilling
an obligation required by the transaction. (3) COMPUTER PROGRAM. A set of statements or instructions
to be used directly or indirectly in an information processing system in order to bring about
a certain result. (4) CONSUMER. An individual who obtains, through a transaction, products
or services which are used primarily...
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