Code of Alabama - Title 45: Local Laws - Section 45-35-21 - Regulation and sale of alcoholic beverages

Section 45-35-21 - Regulation and sale of alcoholic beverages.

(a) It shall be unlawful for any person, firm, corporation or association to sell or offer for sale any spirituous or vinous liquors in Houston County except at Alabama Alcoholic Beverage Control liquor stores and at retail liquor establishments within the corporate limits of the City of Dothan in Houston County and licensed by the general laws of the State of Alabama and also licensed by the City of Dothan as herein provided.

(b) Each licensee of the City of Dothan under this section, in order to be eligible for the license, shall meet all of the licensing prerequisites and requirements of the general laws of the State of Alabama and the rules and regulations of the Alabama Alcoholic Beverage Control Board. It shall be unlawful for any licensee of the City of Dothan, licensed pursuant to this section, to sell or offer for sale any spirituous or vinous liquors without a state and a city license for such privilege.

(c) Nothing herein shall relieve any licensee from complying with all the laws of the State of Alabama and the rules and regulations of the Alabama Alcoholic Beverage Control Board. The authority herein granted to the City of Dothan in Houston County shall be cumulative and shall not relieve or suspend any other power held by the city under the general laws of the State of Alabama concerning the regulation and control of alcoholic beverages, nor shall this section be held to restrict the powers of the cities and towns of this state under the municipal laws of the state.

(d) Until concurrence by the Alabama Alcoholic Beverage Control Board and the State Health Department, no applicant shall be deemed eligible for a license under this section unless it is the holder of all required permits from the State Department of Public Health or division thereof. No establishment shall be eligible for a license under this section unless the same meets the minimum requirements of the fire prevention codes of the State of Alabama and of the incorporated municipality in which it is located.

(e) Alcoholic beverages may be sold, served, or given away by a licensee located in Houston County for on-premise consumption until 2:00 AM on Sunday morning and after 1:00 PM on Sunday afternoon. There shall be no restriction on the gift, sale, service, or consumption of alcoholic beverages on premises in those licensed establishments.

(f) It shall be the duty of each such retail liquor and malt or brewed beverage licensee in Houston County to keep posted in view of the customers or patrons of such establishment, the price of each drink or beverage offered or sold by the establishment and it shall be unlawful at any time such prices are not so posted to the extent allowed by state law. A current price list printed upon the regular menu of a retail restaurant liquor licensee or of an on premises beer licensee or upon a special menu regularly available at the tables of the customers and patrons of the licensee shall be held to comply with this requirement.

(Act 1978, No. 818, p. 1192, §§1-6; Act 2009-397, p. 722, §1.)

Last modified: May 3, 2021