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45-35-20
Section 45-35-20 Legislative findings. The Legislature finds all of the following: (1) The
authority of the Legislature to enact local laws regulating the liquor traffic is preserved
in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the
Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) Relying on
prior judicial opinions of the federal courts, it has been clearly established that reducing
the secondary effects associated with adult entertainment businesses serves and furthers a
substantial governmental interest, particularly when the serving of alcohol is involved. (3)
Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic
beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults
on police officers in and around an establishment dealing in or permitting the consumption
of alcoholic beverages, and that actual and simulated nudity and sexual conduct...
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45-37-243.04
Section 45-37-243.04 Bonds or securities. (a) Any person before engaging in selling any alcoholic,
spirituous, vinous, or fermented liquors in any county subject to this subpart shall file
with the judge of probate, license commissioner, director of county department of revenue,
or other public officer performing like duties in such counties a bond in the approximate
sum of two times the average monthly tax estimated by such official which shall be due by
the applicant. The bond filed with such official shall be in such form and amount as may be
approved by such official. If a bond is filed, it shall be executed by a surety company licensed
and duly authorized to do business in Alabama, shall be payable to the county subject to this
subpart, and be conditioned upon the prompt filing of true reports, and the bond shall be
conditioned upon the payment by the applicant to the judge of probate, license commissioner,
director of county department of revenue, or other public officer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.04.htm - 6K - Match Info - Similar pages
45-49-21
Section 45-49-21 Identification numbers; registration; documentation. (a) Notwithstanding any
other law to the contrary, when a licensee of the Alcoholic Beverage Control Board makes a
retail sale in Mobile County, for off-premises consumption of beer or malt beverages in a
keg which is either sold or leased in the sales transaction in Mobile County, the licensee
shall affix an identification number on the keg and shall register the keg in the name of
the buyer or lessor of the keg. Documentation of the sale or lease transaction, including
verification that the purchaser was of legal drinking age, the amount of beer or malt beverage
sold in the keg, and the name of the person or entity which purchased or leased the keg shall
be retained by the licensee for 30 days from the date of the transaction. (b) For purposes
of this section, the term keg means any brewery-sealed container of beer or malt or brewed
beverage which has a capacity of not less than two gallons. (c) The Mobile County...
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28-3-184
Section 28-3-184 Tax levied; collection; disposition of funds. (a) Levy. In addition to the
licenses provided for by Chapter 3A of this title, there is hereby levied a privilege or excise
tax on every person licensed under the provisions of said 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 malt or brewed beverages. The tax levied hereby shall be measured
by and graduated in accordance with the volume of sales by such person of malt or brewed beverages,
and shall be an amount equal to $.05 for each 12 fluid ounces or fractional part thereof.
(b) Collection. The tax levied by subsection (a) of this section shall be collected by the
Alabama Alcoholic Beverage Control Board and said tax shall be added to the sales price of
all malt or brewed beverages sold, and shall be collected from the purchasers. It shall be
unlawful for any person, firm, corporation, club or association...
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28-3A-21
Section 28-3A-21 Fees for licenses issued by the board; local license taxes. (a) The following
annual license fees are levied and prescribed for licenses issued and renewed by the board
pursuant to the authority contained in this chapter: (1) Manufacturer license, license fee
of five hundred dollars ($500). (2) Importer license, license fee of five hundred dollars
($500). (3) Liquor wholesale license, license fee of five hundred dollars ($500). (4) Wholesaler
license, beer license fee of five hundred fifty dollars ($550) or wine license fee of five
hundred fifty dollars ($550); license fee for beer and wine of seven hundred fifty dollars
($750); plus two hundred dollars ($200) for each warehouse in addition to the principal warehouse.
(5) Warehouse license, license fee of two hundred dollars ($200). (6) Lounge retail liquor
license, license fee of three hundred dollars ($300). (7) Restaurant retail liquor license,
license fee of three hundred dollars ($300). (8) Club liquor license,...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-269.htm - 1K - Match Info - Similar pages
28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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32-5A-330
Section 32-5A-330 Definitions; applicability; violations. (a) As used in this section, the
following terms are defined: (1) OPEN CONTAINER. A container which is other than in the manufacturer's
sealed condition. (2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width
between and immediately adjacent to the boundary lines of any public road, street, highway,
interstate, or other publicly maintained way when any part is open to the use of the public
for purposes of motor vehicle travel. (b) It is unlawful for a person to have in his or her
possession alcoholic beverages in an open container in the passenger area of a motor vehicle
of any kind on a public highway or right-of-way of a public highway of this state. (c) This
section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily
used for the transportation of persons for compensation and the driver holds a valid commercial
driver's license. (2) A passenger of a bus for which the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-330.htm - 2K - Match Info - Similar pages
45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) 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 body disagrees with the conclusion reached by the court concerning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-20.htm - 4K - Match Info - Similar pages
45-22-243.60
Section 45-22-243.60 Levy of privilege license and excise taxes. There is levied in Cullman
County, in addition to all other taxes now imposed by law, special county privilege license
and excise taxes paralleling state sales and use taxes in the manner and at the rates hereafter
prescribed: (1) Upon every person, firm, or corporation (not including the State of Alabama
or the Alabama Alcoholic Beverage Control Board or ABC stores) engaged or continuing within
Cullman County in the business of selling at retail any tangible personal property whatsoever,
including merchandise and commodities of every kind and character (not including, however,
bonds or other evidence of debt or stocks), an amount equal to one percent of the gross proceeds
of sales of the business except where a different amount is expressly provided herein. Any
person engaging or continuing in business as a retailer and wholesaler or jobber shall pay
the tax required on the gross proceeds of retail sales of such...
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