AL
Alabama House Bill HB262

Alabama 2024 Regular Session

Alabama House Bill HB262 Compare Versions

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55 By Representative Colvin (Constitutional Amendment)
66 RFD: Local Legislation
77 First Read: 28-Feb-24
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12+5 HB262 Engrossed
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1414 First Read: 28-Feb-24
15-Enrolled, An Act,
15+A BILL
16+TO BE ENTITLED
17+AN ACT
1618 To propose an amendment to the Constitution of Alabama
1719 of 2022, relating to Marshall County, to provide that Marshall
1820 County would be a wet county for the purposes of the laws of
1921 this state relating to alcoholic beverages and would further
2022 authorize the regulation of the sale of alcoholic beverages in
2123 the unincorporated areas of the county.
2224 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2325 Section 1. The following amendment to the Constitution
2426 of Alabama of 2022, is proposed:
2527 PROPOSED AMENDMENT
2628 (a) Effective on the first day of the month after the
2729 ratification of this amendment, based on the favorable vote to
2830 ratify this amendment, Marshall County shall be a wet county
2931 as otherwise provided by the laws of this state in Title 28,
3032 Code of Alabama 1975, relating to alcoholic beverages.
3133 (b)(1) For the purposes of this amendment, the term
3234 "unincorporated area of the county" means any area of the
3335 county outside of the corporate limits of an operating
3436 municipality with an elected mayor and municipal council.
3537 (2) a. The Marshall County Commission, by resolution of
36-the county commission, may regulate the sale of alcoholic
37-beverages on the unincorporated area of the county and may
38-require each individual or entity selling alcoholic beverages
39-in the unincorporated area of the county to have a separate
40-business license to sell alcoholic beverages. The Marshall
41-County Commission may set additional requirements for an
42-individual or entity to sell alcoholic beverages for
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67+(2) a. The Marshall County Commission, by resolution of
68+the county commission, may regulate the sale of alcoholic
69+beverages on the unincorporated area of the county and may
70+require each individual or entity selling alcoholic beverages
71+in the unincorporated area of the county to have a separate
72+business license to sell alcoholic beverages. The Marshall
73+County Commission may set additional requirements for an
7274 individual or entity to sell alcoholic beverages for
7375 on-premises consumption in addition to the requirements of the
7476 Alabama Beverage Control Board.
7577 b. After the implementation of the license required by
7678 this section, no individual or entity may sell alcoholic
7779 beverages in the unincorporated area of the county without a
7880 valid county business license. The fees for the issuance of
7981 the business license shall be set by the county commission for
8082 an annual license. The fee for a business license may vary
8183 based on the type of license issued by the ABC Board.
8284 c. The requirements for a business license for
8385 on-premises consumption pursuant to this section may include
8486 the following:
8587 1. Inspections relating to fire safety as determined
8688 necessary by the state Fire Marshal and compliance with any
8789 requirements of the inspection, including maximum occupancy of
8890 the premises.
8991 2. Compliance with all requirements and inspections of
9092 the Marshall County Health Department relating to food and
9193 beverage service and septic or sewer service.
9294 d. Any violations of the requirements of this section
9395 may result in the denial of a license or the revocation of the
94-license. The Marshall County Commission may enforce the
95-provisions of this section by appropriate injunctive relief in
96-the Circuit Court of Marshall County.
97-(3) In addition to any taxes authorized by law, the
98-Marshall County Commission may levy additional sales and use
99-taxes, at a rate not to exceed any sales and use taxes levied
100-by any municipality in the county, on the sale of alcoholic
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125+may result in the denial of a license or the revocation of the
126+license. The Marshall County Commission may enforce the
127+provisions of this section by appropriate injunctive relief in
128+the Circuit Court of Marshall County.
129+(3) In addition to any taxes authorized by law, the
130+Marshall County Commission may levy additional sales and use
131+taxes, at a rate not to exceed any sales and use taxes levied
130132 by any municipality in the county, on the sale of alcoholic
131133 beverages in the unincorporated areas of the county. The
132134 proceeds from the taxes shall be deposited in the county
133135 general fund. Fifty percent of the proceeds shall be further
134136 distributed to the Marshall County Board of Education.
135137 (c) The provisions of this amendment shall be
136138 self-executing, but the Legislature by local law may enact
137139 additional provisions to implement and regulate the sale of
138140 alcoholic beverages in the unincorporated area of the county,
139141 including providing for misdemeanor criminal penalties for
140142 violations of any local law or any regulation of the county
141143 commission.
142144 Upon ratification of this constitutional amendment, the
143145 Code Commissioner shall number and place this amendment as
144146 appropriate in the constitution omitting this instructional
145147 paragraph and may make the following nonsubstantive revisions:
146148 change capitalization, hierarchy, spelling, and punctuation
147149 for purposes of style and uniformity; correct manifest
148150 grammatical, clerical, and typographical errors; revise
149151 internal or external citations and cross-references; harmonize
150152 language; and translate effective dates.
151153 END PROPOSED AMENDMENT
152-Section 2. An election upon the proposed amendment
153-shall be held in accordance with Sections 284, 284.01, and 285
154-of the Constitution of Alabama of 2022, and the election laws
155-of this state. The appropriate election official shall assign
156-a ballot number for the proposed constitutional amendment on
157-the election ballot and shall set forth the following
158-description of the substance or subject matter of the proposed
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183+END PROPOSED AMENDMENT
184+Section 2. An election upon the proposed amendment
185+shall be held in accordance with Sections 284, 284.01, and 285
186+of the Constitution of Alabama of 2022, and the election laws
187+of this state. The appropriate election official shall assign
188+a ballot number for the proposed constitutional amendment on
189+the election ballot and shall set forth the following
188190 description of the substance or subject matter of the proposed
189191 constitutional amendment:
190192 "Relating to Marshall County, proposing an amendment to
191193 the Constitution of Alabama of 2022, to This bill would
192194 propose an amendment to the Constitution of Alabama of 2022,
193195 relating to Marshall County, to provide that Marshall County
194196 would be a wet county for the purposes of the laws of this
195197 state relating to alcoholic beverages and would further
196198 authorize the regulation of the sale of alcoholic beverages in
197199 the unincorporated areas of the county.
198200 Proposed by Act ____."
199201 This description shall be followed by the following
200202 language:
201203 "Yes( ) No( )."
202204 Section 3. The proposed amendment shall become valid as
203205 part of the Constitution of Alabama of 2022, when approved by
204206 a majority of the qualified electors voting thereon.
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222-a majority of the qualified electors voting thereon.
223-________________________________________________
224-Speaker of the House of Representatives
225-________________________________________________
226-President and Presiding Officer of the Senate
227-,
228-House of Representatives
229-I hereby certify that the within Act originated in and
230-was passed by the House 02-Apr-24, as amended.
231-John Treadwell
232-Clerk
233-Senate 02-May-24 Passed
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231+a majority of the qualified electors voting thereon.
232+House of Representatives
233+Read for the first time and referred
234+to the House of Representatives
235+committee on Local Legislation
236+................28-Feb-24
237+Read for the second time and placed
238+on the calendar:
239+ 0 amendments
240+................21-Mar-24
241+Read for the third time and passed
242+as amended
243+Yeas 64
244+Nays 0
245+Abstains 37
246+................02-Apr-24
247+John Treadwell
248+Clerk
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