Code of Alabama

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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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45-8-241
Section 45-8-241 Purpose; license or privilege fee; enforcement; exemption for religious practices.
(a) This section shall apply only to Calhoun County, Alabama, and to no other county. (b)
As used in this section, the following words and terms shall, except as otherwise provided
in this section, have the following meanings hereby ascribed to them: "the county"
means Calhoun County, Alabama; "the governing body" means the governing body of
Calhoun County, Alabama, whether it be a county commission, board of revenue, or other governing
body; "person" includes any natural person, partnership, corporation, firm, association,
trust, estate or other entity; and "business" includes all activities engaged in,
or caused to be engaged in, by any person with the object of gain, profit, benefit, or advantage,
either direct or indirect to such person; "license or privilege fee" shall not include
any sales or use tax. (c) The purposes of this section are to equalize the burden of taxation
by...
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45-36A-102
Section 45-36A-102 Historic preservation commission; architectural review board; review of
building plans. (a) The governing body of the City of Scottsboro in Jackson County may adopt
ordinances, pass resolutions, or take such appropriate action as necessary to promote the
general public welfare within the city, such ordinances to protect the historic character
of the city in the manner hereinafter described.. (b) The governing body of the city, upon
the recommendation of the historic preservation commission, as provided for below, may designate
as a historic district any area, site, building, or structure within the city having an overall
atmosphere of either historic or architectural distinction, or both (c) A historic preservation
commission with the following membership, duties, and powers may be created by the city governing
body: (1) The commission shall be composed of no less than seven members who shall be selected
by the city governing body in such a manner as to serve...
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34-14A-3
Section 34-14A-3 Home Builders Licensure Board. There is established the Home Builders Licensure
Board to regulate the residential home building and residential construction industry and
to promote and expend funds for the education and support of associated construction trades.
The board shall have nine members who shall be appointed as follows: Three by the Governor,
three by the Lieutenant Governor, and three by the Speaker of the House of Representatives,
from a list of three qualified individuals for each position, provided by the governing body
of the Home Builders Association of Alabama. Seven of the members shall be residential home
builders, as defined in this chapter, with at least five years' experience as a residential
home builder, and each shall be a bona fide resident of the State of Alabama. One member shall
be a building official or inspector currently employed by a city, county, or state governmental
entity and actively engaged in inspecting or regulating residential...
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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...

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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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages

45-49-21.20
Section 45-49-21.20 Legislative findings. (a) The Legislature is cognizant of Opinion of the
Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Washington 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,
in part, was 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 Section 104....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-21.20.htm - 4K - Match Info - Similar pages

45-8-150.03
Section 45-8-150.03 Bingo games - Permits; ordinances. (a) No qualified organization shall
be permitted to operate a bingo game unless the county governing body, or the governing bodies
of the respective cities and towns, within their respective jurisdictions, issues a permit
to the organization authorizing it to do so. The permit required by this article is in addition
to, and not in lieu of, any other business license which may be required by law, and no bingo
game shall be operated until all required licenses have been obtained. A permit holder may
hold only one permit and that permit is valid for only one location. A permit is not assignable
or transferable. (b) The Calhoun County Commission, or any governing body for any municipality
wholly or partially located within Calhoun County, may establish an ordinance for the operation
of bingo games within its jurisdiction. Any ordinance adopted by a governing body shall be
at least as restrictive of the operation of bingo games as this...
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45-34-83
Section 45-34-83 Southeast Alabama Human Development Council. (a)(1) In Henry County, the Southeast
Alabama Human Development Council is hereby established as a nonprofit entity. The members
of the council are the juvenile judge, chair of the county commission, sheriff, the members
of the legislative delegation or their designee of Henry County, and two members appointed
at-large by the Board of Directors of the Southeast Alabama Human Development Council. (2)
The term of office of each member, except the at-large members, shall be the same as his or
her elected term of office and the two at-large members shall serve terms to be set by the
board of directors not to exceed four years. A vacancy occurring other than by expiration
of term shall be filled in the same manner as by the original member, for the unexpired term
only. (3) The members of the council shall serve without compensation, but shall be entitled
to reimbursement for all necessary expenses incurred in the performance of...
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11-27-2
Section 11-27-2 Granting of franchises; conditions, revocation, etc.; local law exception.
A franchise is hereby granted for the installation of poles or conduits within the boundary
lines of public roads, highways, or rights-of-way in any county of this state for the operation
of community antenna television facilities to any person, partnership, or corporation that
is lawfully providing community antenna television service in any such county on July 8, 1982.
Any franchise granted under this section shall be limited to the portion or portions of the
unincorporated areas of any such county as is being served by the franchisee on July 8, 1982,
but may be extended to include other portions of the unincorporated areas of the county at
the discretion of the county commission of such county. Any franchise granted under this section
shall be governed by the permit, agreement, franchise, ordinance, resolution, or other instrument,
if any, granting authority by the county to the entity...
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