Code of Alabama - Title 45: Local Laws - Section 45-49-22.03 - Lawful activities upon affirmative vote

Section 45-49-22.03 - Lawful activities upon affirmative vote.

If a majority of the voters voting in any election held pursuant to this subpart vote Yes, then, upon the proper certification and declaration of the results of the election, it shall be legal, on each Sunday during the two-hour period between 12 o'clock midnight of the preceding Saturday and two o'clock, a.m., and for the remainder of Sunday after 12 o'clock noon (but not between the hours of two o'clock, a.m., and 12 o'clock noon), in every part of Mobile County, including all municipalities or parts thereof located in the county, for properly licensed persons (as provided in the Alcoholic Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions of law) to do the following:

(1) Sell and dispense at retail alcoholic beverages for on-premises consumption in a lounge or bar.

(2) Sell and dispense at retail alcoholic beverages for on-premises consumption in a restaurant, hotel, dinner theater, convention center, or other establishment which provides meals to the public as one of its principal or commercial activities or which provides meals, entertainment, or meeting support services to the public or selected groups of people in connection with its various activities.

(3) Sell at retail any alcoholic beverages for off-premises consumption.

(4) Sell beer and table wine at retail for on-premises and off-premises consumption.

(5) Sell alcoholic beverages at retail by retail common carrier with a passenger capacity of at least 10 people.

(6) Sell alcoholic beverages at retail under special license issued upon terms and conditions and for the period of time prescribed by the Alcoholic Beverage Control Board.

(7) Sell alcoholic beverages at retail under a special event retail license issued upon terms and conditions prescribed by the Alcoholic Beverage Control Board.

(8) Consume alcoholic beverages on the premises of any establishment licensed to sell and dispense alcoholic beverages for on-premises consumption. The enumeration in this subpart of any activity involving the sale, distribution, or consumption of alcoholic beverages on Sunday in Mobile County that becomes legal as a result of this subpart and any election held pursuant thereto shall not be construed to make unlawful any other activity that is lawful in Mobile County prior to July 30, 1991, including, without limitation thereto, the sale at retail of alcoholic beverages by properly licensed private clubs, as well as the consumption of alcoholic beverages on the premises of such clubs, on Sunday without limitation as to time. Upon the authorization of the expanded sale, distribution, and consumption of alcoholic beverages in Mobile County on Sunday by an election held pursuant to this subpart, all persons holding licenses from the Alcoholic Beverage Control Board or successor licensing authority, or thereafter obtaining initial or renewal licenses, for activities involving the sale at retail of alcoholic beverages, whether for on-premises consumption or off-premises consumption, or both, shall retain the previously existing right to engage in such activities on Sunday during the two-hour period between midnight of the preceding Saturday and two o'clock, a.m., and shall have the further right to engage in such activities on Sunday after 12 o'clock noon without the filing of any new or supplemental application, the obtaining of any additional governmental permit or approval (whether state, county, or municipal), or the payment of any additional license fee, it being the express intention and purpose of this subpart that the increased conduct of such activities on Sunday as herein provided shall be fully authorized and covered by licenses generally applicable to days of the week other than Sunday.

(Act 91-604, p. 1135, § 4.)

Last modified: May 3, 2021