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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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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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45-36A-20
Section 45-36A-20 Regulation of alcoholic beverage sales on Sunday. The city council or other
governing body of the City of Bridgeport in Jackson County, by resolution adopted by a majority
of the council, may regulate and permit the sale of alcoholic beverages during certain hours
on Sunday as determined by the city council by properly licensed retail licensees of the Alcoholic
Beverage Control Board and the City of Bridgeport serving the general public in the city.
(Act 2018-131, §1; Act 2018-223, §1.)...
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45-17A-20
Section 45-17A-20 Regulation of alcoholic beverage sales on Sunday. The governing body of the
Town of Cherokee in Colbert County, by ordinance, may regulate and permit the sale of alcoholic
beverages during certain hours on Sunday, as determined by the governing body, by properly
licensed retail licensees of the Alcoholic Beverage Control Board and the Town of Cherokee
serving the general public in the town. (Act 2018-253, §1.)...
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45-17A-40
Section 45-17A-40 Regulation of alcoholic beverage sales on Sunday. The governing body of the
Town of Littleville in Colbert County, by ordinance, may regulate and permit the sale of alcoholic
beverages during certain hours on Sunday, as determined by the governing body, by properly
licensed retail licensees of the Alcoholic Beverage Control Board and the Town of Littleville
serving the general public in the town. (Act 2017-427, §1.)...
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45-3A-40
Section 45-3A-40 Regulation of alcoholic beverage sales on Sunday. The sale of alcoholic beverages
after 1:00 p.m. on Sundays may be authorized by the town council within the corporate limits
of the Town of Clio as provided in this section. The town council, by ordinance, may regulate
and permit the sale and consumption of alcoholic beverages on Sunday after 1:00 p.m. as determined
by the town council by properly licensed retail licensees of the Alcoholic Beverage Control
Board. Pursuant to this authority, the town 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. (Act 2018-222, §2.)...
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45-3A-70
Section 45-3A-70 Regulation of alcoholic beverage sales on Sunday. The sale of alcoholic beverages
after 1:00 p.m. on Sundays may be authorized by the town council within the corporate limits
of the Town of Louisville as provided in this section. The town council, by ordinance, may
regulate and permit the sale and consumption of alcoholic beverages on Sunday after 1:00 p.m.
as determined by the town council by properly licensed retail licensees of the Alcoholic Beverage
Control Board. Pursuant to this authority, the town 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. (Act 2018-221, §2.)...
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45-26-20
Section 45-26-20 Regulation of alcoholic beverage sales on Sunday. (a) In Elmore County, the
county commission outside of the corporate limits of any municipality and each municipality
within its corporate limits, by ordinance, may regulate the sale of alcoholic beverages on
Sundays, and any aspect thereof, for on-premises and off-premises consumption by properly
licensed retail licensees serving the general public. (b) Notwithstanding subsection (a),
the county commission outside of the corporate limits of any municipality and each municipality
within its corporate limits may not permit the sale of alcoholic beverages on Sundays for
on-premises consumption until after 12:00 p.m. on Sundays. (Act 2017-271, §1.)...
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28-1-7
Section 28-1-7 Alcoholic Beverage Control Board prohibited from issuing licenses for sale of
intoxicating beverages in Class IV municipalities; exceptions. REPEALED IN THE 2020 REGULAR
SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) All other provisions of law, rules, or regulations to the contrary notwithstanding, the
Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form
of license in a Class IV municipality organized pursuant to Section 11-44B-1, et seq., including,
but not limited to, on or off-premise consumption licenses, special event or special retail
licenses, restaurant or lounge licenses, club licenses, or other licenses for the retail sale
of any form of intoxicating beverages, including, but not limited to, beer and other forms
of malt beverages, wine, liquor, or other alcoholic beverages regulated by the board, unless
the application therefore has first been approved by the governing...
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