HB223ENROLLED
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28T5KI-2
By Representative Starnes (N & P)
RFD: Local Legislation
First Read: 04-Apr-23
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Enrolled, An Act,
Relating to Autauga County; to further provide for the
regulation of the sale of alcoholic beverages in the
unincorporated areas of the county; to authorize the Autauga
County Commission to issue a separate county business license
for any person or business required to have a retail license
from the Alcoholic Beverage Control (ABC) Board for the sale
of alcoholic beverages in the unincorporated areas of the
county; and to provide for a fee for the license and for the
enforcement of this requirement.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only in Autauga County
in the unincorporated areas of the county.
Section 2. For the purposes of this act, the term
"unincorporated area of the county" means any area of the
county outside of the corporate limits of an operating
municipality with an elected mayor and municipal council.
Section 3. In the unincorporated areas of Autauga
County, the Autauga County Commission may authorize the sale
of draft or keg beer for on-premises or off-premises
consumption, or both, by any retail licensee of the Alabama
Beverage Control (ABC) Board, except the county commission
shall not authorize the sale of draft beer in any container
larger than 64 ounces. Except as authorized above, the sale of
draft or keg beer for off-premises consumption in a keg or
other similar container is strictly prohibited. Any licensee
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of the ABC Board selling draft beer shall be in compliance
with the requirements of the Responsible Vendor Program of the
board.
Section 4. In the unincorporated areas of Autauga
County, the Autauga County Commission may authorize any
properly licensed retail licensee of the ABC Board serving the
general public to sell alcoholic beverages for on-premises or
off-premises consumption, or both, on Sunday after 12:00 p.m.
Any licensee selling alcoholic beverages on Sunday shall be in
compliance with the requirements of the Responsible Vendor
Program of the board.
Section 5. (1) Effective October 1, 2023, the Autauga
County Commission, by resolution of the county commission, may
require each individual or entity selling alcoholic beverages
in the unincorporated area of the county for on-premises
consumption to have a separate business license to sell
alcoholic beverages. The Autauga County Commission may set the
requirements for the individual or entity to sell alcoholic
beverages for on-premises consumption in addition to the
requirements for a license from the ABC Board.
(2) After the implementation of the license required by
this section, no individual or entity may sell alcoholic
beverages in the unincorporated area of the county for
on-premises consumption without a valid county business
license. The fees for the issuance of the business license
shall not exceed two hundred dollars ($200) per year as set by
the county commission. The fee for a business license may vary
based on the type of license issued by the ABC Board.
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(3) The requirements for a business license pursuant to
this section may include the following:
a. Inspections relating to fire safety as determined
necessary by the State Fire Marshal and compliance with any
requirements of the inspection, including maximum occupancy of
the premises.
b. Compliance with all requirements and inspections of
the Autauga County Health Department relating to food and
beverage service and septic or sewer service.
(4) Any violations of the requirements of this section
may result in the denial of a license or the revocation of the
license. The Autauga County Commission may enforce the
provisions of this section by appropriate injunctive relief in
the Circuit Court of Autauga County.
Section 6. This act is enacted pursuant to the
authority of Section 104 of the Constitution of Alabama of
2022.
Section 7. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 13-Apr-23.
John Treadwell
Clerk
Senate 20-Apr-23 Passed
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