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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,...
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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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45-1A-40.01
Section 45-1A-40.01 Sale of draft beer by retail licensees of Alcoholic Beverage Control Board.
(a) This section shall apply to the regulation of the sale and distribution of alcoholic beverages
in the City of Prattville in Autauga County and Elmore County. (b) The city council, by resolution
or ordinance, may authorize the sale and distribution of draft beer by retail licensees of
the Alcoholic Beverage Control Board. Authorization shall include the sale of draft beer for
off-premises consumption in a growler or similar container no larger than 64 ounces, but may
not include the sale of keg beer for off-premises consumption. (Act 2013-297, p. 1010, §§1,
2; Act 2020-150, §1.)...
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45-23-20.01
Section 45-23-20.01 Regulation of sales for on-premises consumption outside municipal corporate
limits. In Dale County, any license for the sale of alcoholic beverages for on-premises consumption
outside of the corporate limits of any municipality shall be subject to approval by the county
commission. (Act 2018-252, §1.)...
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45-37-22.01
Section 45-37-22.01 Subsequent elections. Regardless of the result of the initial election
mandated by Section 45-37-22 or the result of any subsequent election held pursuant to this
section, any number of subsequent elections may be called and held to authorize or prohibit
the sale and distribution of alcoholic beverages in Jefferson County on Sundays after 12:00
o'clock noon as and to the extent permitted by this part. An election on this question may
be called by the Jefferson County Commission acting on its own volition through the adoption
of a resolution receiving the affirmative votes of a majority of the members of such commission.
In addition, an election on this question shall be called by the Jefferson County Commission
if there shall be filed with such commission, at any time after the last election held pursuant
to this part, appropriately certified copies of resolutions requesting such an election that
have been adopted by the governing bodies, in accordance with usually...
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45-49-20.01
Section 45-49-20.01 Definitions. The following words, terms, and phrases shall have the following
meanings: (1) LICENSED ESTABLISHMENT. Any business operating pursuant to a license issued
by the Alabama Alcoholic Beverage Control Board within an unincorporated area of Mobile County,
which sells, serves, or dispenses alcoholic beverages or otherwise allows the consumption
of alcoholic beverages on the premises. (2) PERSON. Any natural person, firm, association,
joint venture, partner- ship, corporation, or any other entity. (Act 97-176, p. 265, § 2.)...
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45-10-20.03
Section 45-10-20.03 Draft and keg beer sales authorized. (a) This section only applies in Cherokee
County. (b) The sale of draft or keg beer or malt beverages for on-premises consumption by
retail licensees of the Alabama Alcoholic Beverage Control Board is authorized within Cherokee
County so long as approved by a majority vote of the county commission or, if applicable,
the city council of the municipality where the licensee is located. The sale of draft or keg
beer or malt beverages for off-premises consumption in kegs by retail licensees of the Alabama
Alcoholic Beverage Control Board is authorized within the county only if such beverages are
sold in kegs and so long as approved by a majority vote of the county commission or, if applicable,
the city council of the municipality where the licensee is located. (c) All resolutions and
ordinances relating to the sale, consumption, and possession of bottled or canned beer shall
apply to draft or keg beer or malt beverages. (Act 2012-242,...
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45-24-20.03
Section 45-24-20.03 Sale of draft or keg beer - Unincorporated areas and municipalities. (a)
This section shall apply only in the unincorporated areas of Dallas County and each municipality
in Dallas County. (b) Draft beer and keg beer may be sold for on-premises consumption by any
retail licensee of the Alcoholic Beverage Control Board in the unincorporated areas of the
county. (c) Each municipality in Dallas County, by ordinance, may authorize the sale of draft
beer and keg beer by retail licensees of the Alcoholic Beverage Control Board for on-premises
consumption in the respective municipality. If authorized by a municipal ordinance, each retail
licensee of the municipality may sell or dispense draft beer and keg beer pursuant to the
requirements of its license and applicable law and regulations of the Alabama Alcoholic Beverage
Control Board. (Act 2015-335, §§1, 2.)...
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45-3A-20
Section 45-3A-20 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 14, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The city council or
other governing body of the City of Bridgeport in Jackson County, by resolution adopted by
a majority of the council, may regulate and permit the sale of alcoholic beverages during
certain hours on Sunday as determined by the city council by properly licensed retail licensees
of the Alcoholic Beverage Control Board and the City of Bridgeport serving the general public
in the city. (Act 2018-223, §1.)...
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28-2A-2
Section 28-2A-2 Distribution of funds pursuant to Chapters 3 and 28 of Title 40. The distribution
of funds pursuant to Chapter 28, Title 40, and Chapter 3, Title 40, both as amended, shall
not be affected by this article. County school systems may receive revenue from the sale of
alcoholic beverages upon approval by the city council of said municipality or by the sale
of alcoholic beverages authorized by a municipal option election pursuant to this article.
(Acts 1984, No. 84-408, p. 955, §2.)...
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