Code of Alabama - Title 45: Local Laws - Section 45-26A-60.01 - Sunday sales of alcoholic beverages for off-premises consumption

Section 45-26A-60.01 - Sunday sales of alcoholic beverages for off-premises consumption.

(a) This section shall apply only to the City of Tallassee in Elmore and Tallapoosa Counties.

(b) The voters of the City of Tallassee may authorize the sale of alcoholic beverages for off-premises consumption within the municipality on Sunday between the hours of 1:00 p.m. and midnight by an election pursuant to this section, in the following manner:

The governing body of the City of Tallassee, by resolution, shall hold a referendum at the next general election in the city to determine if alcoholic beverages may be sold within the municipality for off-premises consumption.

(c) On the ballot to be used for such election, the question shall be in the following form: "Do you favor the legal sale of alcoholic beverages within this municipality for off-premises consumption on Sunday between the hours of 1:00 p.m. and midnight? Yes ___ No ___."

(d) The first election and any subsequent elections shall be held and the officers appointed to hold the election in the manner provided by law for holding other elections and the returns thereof tabulated and results certified as provided by law for elections.

(e) Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the town or city hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the municipality on Sunday between 1:00 p.m. and midnight. The cost of the election shall be paid out of the general fund of the municipality.

(f) Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote "Yes," alcoholic beverages can be legally sold or dispensed within the corporate limits of the municipality for off-premises consumption on Sunday between 1:00 p.m. and midnight by licensees of the Alcoholic Beverage Control Board and the City of Tallassee serving the general public in accordance with applicable laws and regulations. The municipality may enact, by ordinance, such policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales.

(g) If a majority of the voters voting in the municipal election vote "No," alcoholic beverages may not be sold or dispensed in the municipality on Sunday after the hour of 2:00 a.m., except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday.

(h) A period of not less than one year shall elapse between the dates of elections pursuant to this section.

(i) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Tallassee and is not intended to repeal, nor shall it be interpreted so as to repeal, any existing power or authority of the City of Tallassee now permitted under the general laws of the state, or under any local or special act of the Legislature.

(Act 2014-309, p. 1111, §§1-3.)

Last modified: May 3, 2021