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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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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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45-41-20.01
Section 45-41-20.01 Regulation of sale of alcoholic beverages on Sunday. (a) This section only
applies in Lee County. (b) The sale of alcoholic beverages during certain hours after 12:00
p.m. on Sundays is authorized within the areas of Lee County that are outside of the corporate
limits of the Cities of Auburn and Opelika. The governing body of Lee County may regulate
and permit the sale of alcoholic beverages in the aforementioned areas after 12:00 p.m. on
Sundays by properly licensed retail licensees of the Alcoholic Beverage Control Board. (c)
The governing body of Lee County shall hold a referendum in the areas of Lee County that are
outside of the corporate limits of the Cities of Auburn and Opelika to determine if alcoholic
beverages may be sold on Sundays. If a majority of the voters voting thereon vote in favor
of the question, then the sale of alcoholic beverages after 12:00 p.m. on Sundays shall be
authorized. (d) The referendum shall be held in conjunction with the general...
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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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45-10A-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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45-28A-44
Section 45-28A-44 Regulation of sale and consumption of alcoholic beverages. (a) This section
shall apply only to the City of Gadsden. (b)(1) The voters of the City of Gadsden may authorize
the sale of alcoholic beverages for on and off premises consumption within the municipality
seven days a week by an election pursuant to this section, in the following manner: The governing
body of the City of Gadsden, by resolution, shall call an election for the municipality to
determine the sentiment of the voters of the municipality residing within the corporate limits,
as to whether or not it may determine whether alcoholic beverages can be legally sold or distributed
on Sunday for on-premises and off-premises consumption within the municipality. (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 for on and off premises consumption
within the corporate limits of the City of Gadsden...
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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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45-49-22.30
Section 45-49-22.30 Authorization. (a) In addition to any other authority for the sale of alcoholic
beverages on Sunday, the governing body of any municipality within Mobile County, or the Mobile
County Commission for the unincorporated areas of the county, may authorize the sale of alcoholic
beverages for on-premises consumption on Sunday commencing at 10 o'clock a.m. (b) The provisions
of this section are supplemental and shall not be construed to repeal any other law except
to the extent of any direct conflict with this section. (Act 2018-227, ยงยง 2, 3.)...
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28-3-23
Section 28-3-23 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION,
EFFECTIVE MAY 26, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In any county or municipality
where the Sunday sale of alcoholic beverages is otherwise authorized by law, including the
sale for on-premises consumption at a time after 10:00 a.m., the sale of alcoholic beverages
on Sunday may be authorized for on-premises consumption commencing on Sunday at 10:00 a.m.,
and thereafter, by the county commission outside of the corporate limits of any municipality
or the municipal governing body within the corporate limits of a municipality by ordinance
or by resolution of the appropriate governing body. (b) This section shall not apply to any
county or municipality where the sale of alcoholic beverages on Sunday was authorized by a
local law setting a later time for the sale of alcoholic beverages on Sunday and the local
law was subject to approval at a referendum unless the application...
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