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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-36-20.htm - 4K - Match Info - Similar pages
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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-2A-1.htm - 4K - Match Info - Similar pages
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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-1.htm - 12K - Match Info - Similar pages
45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages
45-28-21
Section 45-28-21 Regulation of sale and distribution of alcoholic beverages on Sunday - Municipalities.
(a) The voters of any municipality within Etowah County may authorize the sale of alcoholic
beverages within the municipality on Sunday by an election pursuant to this section, in the
following manner: The governing body of the municipality, by resolution, may call an election
for the municipality to determine the sentiment of the voters of the municipality residing
within the corporate limits, as to whether alcoholic beverages may be legally sold or distributed
on Sunday within the municipality. (b) On the ballot to be used for the election, the question
shall be in the following form: "Do you favor the legal sale and distribution of alcoholic
beverages within this municipality on Sundays as further provided for and regulated by ordinance
of the municipal governing body? Yes ___ No ___." (c) The first election and any subsequent
elections shall be held and the officers appointed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-21.htm - 3K - Match Info - Similar pages
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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35-8B-3
Section 35-8B-3 Sale and distribution of alcoholic beverages within district. (a) If a majority
of the board of control of a community development district formed under Section 35-8B-1(a),
(b), or (d) consents to and approves the sale and distribution of alcoholic beverages within
the district, it shall be lawful to sell and distribute alcoholic beverages in the community
development district in the following manner and subject to the following terms, definitions,
and conditions: (1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic
beverages may be sold by the club of the district to members and their guests for on-premises
consumption only. The club shall be licensed to sell alcoholic beverages to its members and
their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board,
upon the club's compliance with the provisions of the alcoholic beverage licensing code and
the regulations made thereunder. The original application...
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