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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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45-33A-20
Section 45-33A-20 Sale of draft or keg beer or malt beverages. (a) The City Council of Moundville,
by ordinance, may permit the sale, within the corporate limits of the City of Moundville and
by retail licensees of the Alabama Alcoholic Beverage Control Board, of draft or keg beer
or malt beverages for on-premises consumption. (b) The City Council of Moundville, by ordinance,
may permit the sale, within the corporate limits of the City of Moundville and by retail licensees
of the Alabama Alcoholic Beverage Control Board, of draft or keg beer or malt beverages for
off-premises consumption if those beverages are sold in kegs or in packaged form at retail
for off-premises consumption and are sealed, labeled, packaged, sold, and taxed in accordance
with state and federal laws and regulations. (Act 2019-402, §1.)...
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45-26A-71
Section 45-26A-71 Regulation of sale and distribution of draft beer. (a) This section shall
apply to the regulation of the sale and distribution of alcoholic beverages in the City of
Wetumpka. (b) The City Council of the City of Wetumpka, by resolution or ordinance, may authorize
the sale and distribution of draft beer by retail licensees of the Alcoholic Beverage Control
Board within the city. Notwithstanding the foregoing, keg beer may not be sold for off-premises
consumption. (c) The provisions of this section are cumulative and supplemental to the present
power and authority of the City of Wetumpka and are not intended to, nor shall it be interpreted
so as to repeal any existing power or authority of the City of Wetumpka now permitted under
the general laws of the state, or under any local or special act of the Legislature. (Act
2015-6, §§1-3; Act 2015-19, §§1-3.)...
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45-39A-70
Section 45-39A-70 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2016 REGULAR SESSION,
EFFECTIVE MAY 12, 2016. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (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...
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45-2-21.07
Section 45-2-21.07 Subsequent referendum. A referendum for any area held pursuant to this subpart
which fails to win approval for the sale of alcoholic beverages for off-premises consumption
on Sunday in that area shall not be followed by a subsequent referendum applicable to the
same area in less than 24 months. (Act 2003-236, p. 585, §8; Act 2003-238, p. 590, §8.)...
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45-2-21.37
Section 45-2-21.37 Subsequent referendum. Any referendum for any area held pursuant to this
subpart which fails to win approval for the sale of alcoholic beverages for consumption on
the licensed selling premises on Sunday in that area shall not be followed by another referendum
applicable to the same area in less than 24 months. (Act 97-872, 1st Sp. Sess., p. 224, §8.)...
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45-23-20.02
Section 45-23-20.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR
SESSION, EFFECTIVE MARCH 15, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Subject
to the subsection (c), and except as otherwise provided in subsection (b), the sale of alcoholic
beverages for on-premises and off-premises consumption on Sundays between the hours of 1:00
P.M. and midnight is authorized within Dale County by properly licensed retail licensees of
the Alcoholic Beverage Control Board. (b) Any municipality in Dale County, by ordinance or
resolution of the municipal governing body, may opt out of subsection (a). (c) The Judge of
Probate of Dale County shall hold a referendum at the general election in November 2018 to
determine if alcoholic beverages for on-premises and off-premises consumption may be sold
on Sundays in Dale County. The election shall be held in the manner provided by law for holding
other county elections, and the returns thereof tabulated and results...
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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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45-44-20.02
Section 45-44-20.02 Distribution of funds from Sunday sales. (a) This section shall apply only
to Macon County. (b) The Macon County Commission shall distribute forty thousand dollars ($40,000)
per annum from the sale of alcoholic beverages after 12:00 P.M. on Sunday to the Macon County
Public Library. (Act 99-555, p. 1199, §§ 1, 2.)...
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45-8A-72
Section 45-8A-72 Alcoholic beverages regulated. (a) This section only applies to the City of
Jacksonville in Calhoun County. (b) Alcoholic beverages may be sold each day of the week for
on-premises consumption by retail licensees of the Alcoholic Beverage Control Board in the
City of Jacksonville if approved by a majority vote of the governing body. (c) Alcoholic beverages
may be sold each day of the week for off-premises consumption by retail licensees of the Alcoholic
Beverage Control Board in the City of Jacksonville if approved by a majority vote of the governing
body. (d) The governing body of the City of Jacksonville, by resolution or ordinance passed
by a simple majority, may regulate but may not prohibit the sale of both on-premises and off-premises
consumption of alcoholic beverages each day of the week by retail licensees of the Alcoholic
Beverage Control Board to the general public. Retail licensees may sell or dispense alcoholic
beverages pursuant to the requirements of the...
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