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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet or dry
counties; laws applicable in dry counties. (a) In every county where a majority of the electors
voting in an election, called by the Governor to determine whether Chapter 3 of this title
shall be adopted in the county, vote "Yes," Chapter 3 and all of its provisions
shall be immediately put into operation in such county, but in every county where a majority
of the electors voting in the election vote "No," Chapter 3 shall not go into effect
in such county and all laws prohibiting the manufacture and sale of alcoholic liquors or beverages
now in force and effect in Alabama shall remain in full force and effect in every such county.
For the purpose of this chapter the term "wet county" shall mean any county which
by a majority of those voting voted in the affirmative in the election provided for in this
section, and "dry counties" shall be construed to mean all counties which by a majority
of...
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28-2A-1
Section 28-2A-1 Procedure for wet or dry classification option elections. (a) Any municipality
having a population of 1,000 or more, may change its classification from dry to wet or wet
to dry by a municipal option election, in the following manner. (b) Upon petition of 30 percent
of the number of voters voting in the last preceding general election of the municipality
being filed with the city or town clerk or governing body of the municipality, the governing
body must call a municipal option election for the municipality to determine the sentiment
of the people as to whether or not alcoholic beverages can be legally sold or distributed
in the municipality. The petition for municipal option election shall contain the following:
"It is petitioned that a municipal option election be held to permit the legal sale and
distribution of alcoholic beverages within this municipality." On the ballot to be used
for such municipal option election, the question shall be in the following form: "Do...
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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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28-2A-1.1
Section 28-2A-1.1 Ratification and confirmation of municipal option elections and related taxes
and licenses. (a) Each municipality with a population of 1,000 or more which held an election
pursuant to Section 28-2A-1, as amended by Act 2009-546, of the 2009 Regular Session (Acts
2009, p. 1446), in which the majority of the voters voting in the municipal option election
voted to allow the sale, distribution, and consumption of alcoholic beverages within the municipality
are hereby declared wet and may continue the sale, distribution, and consumption of such beverages.
(b) Municipalities to which this section applies shall remain wet unless and until the municipality,
in any subsequent municipal option election held pursuant to this chapter, elects to change
to a dry municipality, notwithstanding the result of any subsequent county election or special
method referendum. (c) Any taxes or licenses levied and collected pursuant to a municipal
option election conducted in accordance with...
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45-10-20.02
Section 45-10-20.02 Municipal option election. (a) Upon petition of 25 percent of the number
of voters voting in the last general election of the municipality having a population of not
less than 1,300 inhabitants nor more than 1,500 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 election shall contain the following: "It is petitioned that a municipal option
election be held to determine whether the legal sale and distribution of alcoholic beverages
shall be permitted within this municipality," on the ballot to be used for the municipal
option election, the question shall be in the following form: "Do you favor the legal
sale and distribution of alcoholic beverages within this municipality? Yes...
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28-2A-20
Section 28-2A-20 Ordinance and referendum to determine whether annexed territories should be
legally wet. In addition to the procedure established pursuant to Article 1, the governing
body of any Class 1, 2, or 3 municipality or any municipality having a population of 18,500
or more, which is legally wet, and which has previously annexed or hereinafter annexes territory
into the municipality which lies in a county which is legally dry, shall, before the annexed
territory becomes wet, pass an ordinance calling for a city-wide referendum to be held to
determine whether the annexed portions of the municipality shall be legally wet as herein
provided. If the governing body of the municipality adopts an ordinance determining that all
of the area within the corporate limits of the municipality should be legally wet, and if
this decision is approved at a subsequent referendum called to decide this issue, alcoholic
beverages may be lawfully sold, distributed, and consumed within the newly...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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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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45-8A-125
Section 45-8A-125 Regulation of sale and distribution of alcoholic beverages on Sunday. (a)
The voters of the City of Southside in Etowah and Calhoun Counties may authorize the sale
of alcoholic beverages within the city on Sunday by an election pursuant to this section,
in the following manner: The governing body of the City of Southside, by resolution, may call
an election for the city to determine the sentiment of the voters of the city residing within
the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed
on Sunday within the city. (b) 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 within the City of Southside on Sunday subject to regulation by the City Council?
Yes ___ No ___." (c) The election shall be held and the officers appointed to hold the
election in the manner provided by law for holding other city elections, and the...
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45-28A-50
Section 45-28A-50 Regulation of sale and consumption of alcoholic beverages on Sunday. (a)
This section shall apply only to the City of Glencoe in Etowah and Calhoun Counties. (b) The
voters of the City of Glencoe may authorize the sale of alcoholic beverages within the city
on Sunday by an election pursuant to this section, in the following manner: The governing
body of the City of Glencoe, by resolution, may call an election for the city to determine
the sentiment of the voters of the city residing within the corporate limits, as to whether
or not alcoholic beverages can be legally sold or distributed on Sunday within the city. (c)
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 within the City of Glencoe
on Sunday subject to regulation by the City Council? Yes ___ No ___." (d) The election
shall be held and the officers appointed to hold the election in the manner provided...
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