(a) The city council of each municipality in Marshall County, where the sale of alcoholic beverages is legal, except for Sunday sales of alcoholic beverages, by ordinance, may regulate the sale of all alcoholic beverages including, but not limited to, draft beer and keg beer in any municipality within the county.
(b)(1) The voters of any municipality within the 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.
(2) 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 __ ."
(3) 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 municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal elections. Any Sunday sales election shall be held as provided in this section as a special election or any subsequent municipal election not less than 30 days following the date of the resolution.
(4) 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. The cost of the election shall be paid out of the general fund of the municipality.
(5) 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 may be legally sold or dispensed within the corporate limits of the municipality on Sunday by licensees of the Alcoholic Beverage Control Board and the municipality serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by ordinance of the municipal governing body. The municipality, by ordinance, may enact any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales within the municipality.
(6) 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. A subsequent election shall not be held within 12 months following an election under this subsection.
(c) The provisions of this section are cumulative and supplemental to the present power and authority of any municipality and are not intended to, nor shall they be interpreted so as to, repeal any existing power or authority of any municipality now permitted under the general laws of the state, or under any local or special act of the Legislature.
Last modified: May 3, 2021