HB262ENGROSSED
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HB262
V1GCVVL-2
By Representative Colvin (Constitutional Amendment)
RFD: Local Legislation
First Read: 28-Feb-24
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First Read: 28-Feb-24
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to the Constitution of Alabama
of 2022, relating to Marshall County, to provide that Marshall
County would be a wet county for the purposes of the laws of
this state relating to alcoholic beverages and would further
authorize the regulation of the sale of alcoholic beverages in
the unincorporated areas of the county.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) Effective on the first day of the month after the
ratification of this amendment, based on the favorable vote to
ratify this amendment, Marshall County shall be a wet county
as otherwise provided by the laws of this state in Title 28,
Code of Alabama 1975, relating to alcoholic beverages.
(b)(1) For the purposes of this amendment, 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.
(2) a. The Marshall County Commission, by resolution of
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(2) a. The Marshall County Commission, by resolution of
the county commission, may regulate the sale of alcoholic
beverages on the unincorporated area of the county and may
require each individual or entity selling alcoholic beverages
in the unincorporated area of the county to have a separate
business license to sell alcoholic beverages. The Marshall
County Commission may set additional requirements for an
individual or entity to sell alcoholic beverages for
on-premises consumption in addition to the requirements of the
Alabama Beverage Control Board.
b. 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 without a
valid county business license. The fees for the issuance of
the business license shall be set by the county commission for
an annual license. The fee for a business license may vary
based on the type of license issued by the ABC Board.
c. The requirements for a business license for
on-premises consumption pursuant to this section may include
the following:
1. 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.
2. Compliance with all requirements and inspections of
the Marshall County Health Department relating to food and
beverage service and septic or sewer service.
d. Any violations of the requirements of this section
may result in the denial of a license or the revocation of the
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may result in the denial of a license or the revocation of the
license. The Marshall County Commission may enforce the
provisions of this section by appropriate injunctive relief in
the Circuit Court of Marshall County.
(3) In addition to any taxes authorized by law, the
Marshall County Commission may levy additional sales and use
taxes, at a rate not to exceed any sales and use taxes levied
by any municipality in the county, on the sale of alcoholic
beverages in the unincorporated areas of the county. The
proceeds from the taxes shall be deposited in the county
general fund. Fifty percent of the proceeds shall be further
distributed to the Marshall County Board of Education.
(c) The provisions of this amendment shall be
self-executing, but the Legislature by local law may enact
additional provisions to implement and regulate the sale of
alcoholic beverages in the unincorporated area of the county,
including providing for misdemeanor criminal penalties for
violations of any local law or any regulation of the county
commission.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END PROPOSED AMENDMENT
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END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. The appropriate election official shall assign
a ballot number for the proposed constitutional amendment on
the election ballot and shall set forth the following
description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Marshall County, proposing an amendment to
the Constitution of Alabama of 2022, to This bill would
propose an amendment to the Constitution of Alabama of 2022,
relating to Marshall County, to provide that Marshall County
would be a wet county for the purposes of the laws of this
state relating to alcoholic beverages and would further
authorize the regulation of the sale of alcoholic beverages in
the unincorporated areas of the county.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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a majority of the qualified electors voting thereon.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Local Legislation
................28-Feb-24
Read for the second time and placed
on the calendar:
0 amendments
................21-Mar-24
Read for the third time and passed
as amended
Yeas 64
Nays 0
Abstains 37
................02-Apr-24
John Treadwell
Clerk
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