45-12-20
Section 45-12-20 County commission to approve licenses in unincorporated areas. In Choctaw
County, the county commission shall have the authority to approve any license for the sale
of alcoholic beverages to any establishment located within the county, but outside the city
limits of the municipalities. (Act 80-165, p. 235, §1.)...
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45-26A-60.01
Section 45-26A-60.01 Sunday sales of alcoholic beverages for off-premises consumption. (a)
This section shall apply only to the City of Tallassee in Elmore and Tallapoosa Counties.
(b) The voters of the City of Tallassee may authorize the sale of alcoholic beverages for
off-premises consumption within the municipality on Sunday between the hours of 1:00 p.m.
and midnight by an election pursuant to this section, in the following manner: The governing
body of the City of Tallassee, by resolution, shall hold a referendum at the next general
election in the city to determine if alcoholic beverages may be sold within the municipality
for off-premises consumption. (c) On the ballot to be used for such election, the question
shall be in the following form: "Do you favor the legal sale of alcoholic beverages within
this municipality for off-premises consumption on Sunday between the hours of 1:00 p.m. and
midnight? Yes ___ No ___." (d) The first election and any subsequent elections shall
be...
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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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45-41-244.110
Section 45-41-244.110 Additional sales and use tax authorized. (a) This section shall only
apply to those areas outside the corporate limits of the Cities of Auburn, Opelika, and Phenix
City in Lee County. (b) As used in this section, state sales and use tax means the tax imposed
by the state sales and use tax statutes, including, but not limited to, Sections 40-23-1,
40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63. (c) Subject to the
approval of the majority of the electors voting at a referendum held for such purposes, the
Lee County Commission may levy a one percent sales and use tax against gross sales, use, storage,
or other consumption subject to the state sales or use taxes levied by subdivision (1) of
Section 40-23-2, subdivision (2) of Section 40-23-2, and subsection (a) of Section 40-23-61,
outside the corporate limits of the Cities of Auburn, Opelika, and Phenix City. The gross
proceeds of all sales and use of products or services which are presently...
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45-35-21.01
Section 45-35-21.01 Sale of draft or keg beer by retail licensees. (a)(1) This section shall
only apply in Houston County. (2) Subsection (b) shall take effect on July 1, 2006. (b)(1)
The sale of draft or keg beer by any retail licensee of the Alcoholic Beverage Control Board
is authorized in Houston County outside of the corporate limits of any municipality in the
county. (2) Within the corporate limits of any municipality in the county, the municipal governing
body may authorize the sale of draft or keg beer by retail licensees of the Alcoholic Beverage
Control Board for on-premises consumption or off-premises consumption, or both. (Act 2006-363,
p. 958, §§1, 2.)...
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28-2A-3
Section 28-2A-3 Legislative intent. It is hereby declared the intention and the purpose of
this article to permit an election by the citizens of certain municipalities to determine
the wet or dry status of such municipalities with regard to the sale, distribution, and consumption
of alcoholic beverages within the corporate limits of such municipalities; and further that
such election shall be provided only in those municipalities which can provide safeguards
for the protection of the public welfare, health, peace, and morals of the people. In the
furtherance of the protection of the public welfare, health, peace, and morals, the Legislature
has determined that a population classification should be established to provide this method
of municipal option election only in those municipalities with a population of 1,000 or more
people within a county, it being the judgment of the Legislature that municipalities with
a lesser population would be unable to support and maintain such protection...
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45-3A-50
Section 45-3A-50 State parks; rules and regulations. The governing body of the City of Eufaula
located in Barbour County shall have the authority and the duty to fix reasonable rules and
regulations for the sale of alcoholic beverages by licensees of the Alabama Alcoholic Beverage
Control Board within the premises of any state park located in the corporate limits of such
city, including rules and regulations as to times and places wherein alcoholic beverages may
be sold within any such state park, and the types of meetings and functions at which the same
may be sold. (Act 79-517, p. 930, §1.)...
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45-36-20
Section 45-36-20 Charge of classification for incorporated municipalities. (a) Notwithstanding
any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant
to authority granted by Section 104 of the Constitution of Alabama of 1901, the electors of
an incorporated municipality located in Jackson County with a population of 2,500 or more
inhabitants may change its classification from dry to wet or wet to dry by a municipal option
election as provided by this section. (b)(1) Upon petition of 25 percent of the number of
voters voting in the last general election of the municipality having a population of 2,500
or more inhabitants being filed with the city or town clerk or governing body of the municipality,
the governing body shall call a municipal option election for the municipality to determine
the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed
in the municipality. The petition for the municipal option...
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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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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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