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45-45-244
Section 45-45-244 Authorization; resolution. (a) The Madison County Commission, by resolution
adopted by a simple majority of the entire commission, may do the following: (1) Levy, provide
for the assessment and collection of, and provide penalties for the nonpayment of, in addition
to all other taxes of every kind and nature imposed by law, a privilege or license fee upon
every person, firm, or corporation licensed by the Alcoholic Beverage Control Board, engaged
or continuing within the unincorporated areas of Madison County in the business of selling
liquor as that term is defined in subdivision (15) of Section 28-3-1, of alcoholic drinks
containing liquor, including all ingredients which are made a part of such drinks, for on-premises
consumption in an amount equal to 12 percent of gross receipts or gross sales from that part
of the business. (2) Regulate and license the sale of alcoholic beverages, as that term is
defined in subdivision (1) of Section 28-3-1, for on-premises...
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45-49A-10.07
Section 45-49A-10.07 Lease, sale, donation, or transfer of property to the corporation. Mobile
County or the City of Bayou La Batre, or any city within the county, is authorized, but not
required, to lease, sell, donate, or otherwise convey to the corporation, real or personal
property, including park properties, without the necessity of authorization by election of
the qualified voters of the county, the city, and the governing body of the county or any
other city within the county, is hereby authorized to enter into any agreements which such
corporation may deem necessary in order to effectuate such lease, sale, donation, or transfer.
The governing body of Mobile County, the City of Bayou La Batre, or any other city within
the county, is further authorized to covenant with the corporation, which covenant shall likewise
constitute a contract with the holders of any revenue bonds, notes, or other obligations thereafter
issued by the corporation, that it will not acquire, construct, or...
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11-44E-168
Section 11-44E-168 Recall of elected official. The mayor or any commissioner shall be subject
to recall. To institute a recall election, any registered voter may present a petition to
the city clerk having the signatures of no less than 30 percent of the registered voters having
voted in the last preceding election. Such petition shall contain the following statement:
To the city clerk. We the following registered voters of _____ (name of municipality) do respectfully
request that you instigate an election to be held for the purpose of recalling _____ (name
of person) who holds the office of _____ (name of office) Signatures of those signing the
petition along with residential addresses shall follow. Upon receipt of such petition, the
city clerk shall make arrangements under Alabama law to hold such election within 30 days
of receipt by the city clerk of such petition. Provided that a majority of registered voters
vote for the recall, then the city clerk shall thereupon declare that...
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45-8-21.01
Section 45-8-21.01 Issuance of license; review. (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 on-premise license in any municipality
in Calhoun County, Alabama, 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 therefor has first been approved
by the governing body of the county or the municipality within whose corporate limits the
site of the license is to be situated. The county or the municipality shall adopt and promulgate
rules and regulations for the administration and processing of applications for such licenses.
(b) The Alabama Alcoholic Beverage Control Board may issue such license only if the denial
of approval by the governing body of the county or the municipality...
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11-3A-4
Section 11-3A-4 Alcoholic beverage licenses in Class 3 municipalities with elected county commission
chair. (a) This section shall apply to any county with a Class 3 municipality that has an
elected county commission chair. (b) All other provisions of law, rules, or regulations to
the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board may not issue in
the unincorporated area of any applicable county any form of license, including, but not limited
to, off-premise consumption licenses, restaurant licenses, or club licenses, for the retail
sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer,
wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following
requirements are satisfied: (1) The application has first been approved by the county commission.
(2) The denial of approval by the county commission has been set aside by order of the circuit
court of the county on the grounds that approval by the...
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11-43A-8
Section 11-43A-8 Name of governing body; composition of council; election of council; alternate
form for Class 6 cities. (a) The governing body provided for herein shall be known collectively
as the "Council of the City (Town) of _____ (name of city or town to be inserted)"
and shall have the powers and duties hereinafter provided. Except as hereinafter provided
and as otherwise provided for in Section 11-43A-1.1, the council shall have five members.
One member shall be the mayor, elected by the voters at large, to preside over the deliberations
of the council. One member shall be a council member elected by the voters at large. Three
members shall be council members elected by the voters from each of three single-member districts.
The council first elected shall qualify and take office on the first Monday in November following
the date of the next ensuing municipal election held for the election of members of a municipal
governing body during a general municipal election year. (b) In...
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11-44E-41
Section 11-44E-41 Statement of candidacy. Any person desiring to become a candidate in any
election for the office of commissioner may become such candidate by filing in the office
of the city clerk a statement in writing of such candidacy accompanied by a petition signed
by a minimum of fifty registered voters of such commission district or in the case of mayor,
one hundred registered voters of the municipality, endorsing the candidacy of such candidate
and an affidavit taken and certified by such city clerk or notary public. Such statement shall
be filed by 5:00 P.M. on the fourth Tuesday in June preceding the date set for the election
and shall be substantially in the following form: "State of Alabama, _____ County. I,
the undersigned, being first duly sworn, depose and say that I am a citizen of the City of
_____, in said State and County, and reside at _____ in said City of _____, that I desire
to become a candidate for the office of commissioner for District _____, in said City...
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11-50-265
Section 11-50-265 Transfer of gas plant or system to waterworks board; sale or transfer of
plant or system by board to utility regulated by state Public Service Commission. (a) Every
city or town now or hereafter owning and operating a municipal gas plant or distribution system
and in which municipality a waterworks board is now or hereafter incorporated under the provisions
of Division 1 of this article is hereby authorized to transfer and convey such gas plant or
system or both to such waterworks board pursuant to the provisions of an ordinance theretofore
duly enacted by the governing body of such city or town and without the necessity of authorization
at an election of the qualified voters thereof; provided, that if at the time of such transfer
the city or town has outstanding any bonds or other obligations payable from or secured by
the revenues or earnings of such gas plant or system, it shall be incumbent upon the waterworks
board of such city or town to pay the amount thereof...
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11-51-200
Section 11-51-200 Levy of sales tax authorized; exemption; construction. The governing body
of any municipality within the State of Alabama may provide by ordinance for the levy and
assessment of sales taxes, parallel to the state levy of sales taxes as levied by Sections
40-23-1, 40-23-2, 40-23-2.1, 40-23-4 to 40-23-31, inclusive, 40-23-36, 40-23-37, except for
those provisions relating to the tax rate, and 40-23-38, except where inapplicable or where
otherwise provided in this article; provided, that no municipality may levy any such tax against
the Alcoholic Beverage Control Board of the State of Alabama in the sale of alcoholic beverages.
The phrase "except where inapplicable," contained herein and in Sections 11-51-201,
11-51-202, and 11-51-203, shall not be construed to permit a self-administered municipality
to adopt or interpret an ordinance, resolution, policy, or practice that relies on that phrase,
either directly or indirectly, in order to disavow, disregard, or attempt to...
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28-4-1
Section 28-4-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BREWER. Every person, firm, association or corporation that manufactures fermented liquors
of any name or description from malt, wholly or in part, or from any substitute therefor.
(2) DISTILLER. Every person, firm, association or corporation that produces distilled spirits
or who brews or makes mash, wort or wash fit for distillation or for the production of spirits
or who, by any process of evaporation, separates alcoholic spirits from any fermented substance
or who, making or keeping mash, wort or wash, has also in possession or use a still. (3) LIQUOR
NUISANCES. a. Any rooms or structures used for the unlawful manufacture, sale, furnishing,
distilling, rectifying, brewing or keeping of liquors or beverages that are prohibited by
the laws of Alabama to be manufactured, sold or otherwise disposed of...
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