Title 45

This part shall be known as the Jefferson County Wine Franchise Jobs Protection Act. (Act 2013-346, p. 1230, §1.)

This part shall be operative only in Jefferson County. (Act 2013-346, p. 1230, §2.)

The legislative intent and purpose of this part is to provide a structure for the business relations between a wholesaler and a supplier of wine in Jefferson County. Regulation in this area within the county is considered necessary for the following reasons: (1) To maintain stabi…

(a) The following words or phrases, or the plural thereof, whenever they appear in this part, unless the context clearly requires otherwise, shall have the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or …

Each supplier of wine licensed by the board authorizing such licensee to sell its wine within the State of Alabama shall sell its wine through wholesaler licensees of the board and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with C…

A supplier shall not: (1) Fail to provide each wholesaler of the brand or brands of the supplier with a written agreement which contains in total the agreement of the supplier with each wholesaler, and designates a specific exclusive sales territory. Any agreement which is in exi…

A wholesaler shall not: (1) Fail to devote reasonable efforts and resources, within designated sales territory of the supplier, to the sale and distribution of all the brands of wine of the supplier which the wholesaler has been granted the right to sell or distribute. (2) Sell o…

(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier shall not amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless, in any of…

(a) Upon written notice of intent to transfer the business of the wholesaler, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the business of the wholesaler to a designated member, or any other person who meets the nondiscriminatory…

(a) Except as provided for in this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign from any agreement; or has interfered with, prevented, or unreasonably delayed, or where required by this…

A wholesaler may not waive any of the rights granted in this part and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this part shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by th…

(a) This part shall apply to agreements in existence on May 22, 2013, as well as agreements entered into or renewed after May 22, 2013. (b) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions o…

(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages i…

This act is cumulative, and supplements and is in addition to Sections 28-8-1 to 28-8-8, inclusive. (Act 2013-346, p. 1230, §15.)

The Jefferson County Commission is hereby mandated to call and provide for holding an election among the voters of Jefferson County to determine whether or not alcoholic beverages, as defined in Section 28-3-1, may be legally sold and distributed on Sundays after 12:00 o’clock no…

Regardless of the result of the initial election mandated by Section 45-37-22 or the result of any subsequent election held pursuant to this section, any number of subsequent elections may be called and held to authorize or prohibit the sale and distribution of alcoholic beverage…

The Jefferson County Commission shall cause notice of any election held pursuant to this part to be given to the voters of Jefferson County by causing a written notice to be published in a newspaper having general circulation in the county at least 30 days before such election. S…

If a majority of the voters voting in any election held pursuant to this part vote ‘‘Yes’’, then, upon the proper certification and declaration of the results of such election, it shall be legal, on each Sunday during the two-hour period between 12:00 o’clock midnight of the prec…

If a majority of the voters voting in any election held pursuant to this part vote ‘‘Yes’’, the activities enumerated in Section 45-37-27.03 which shall become lawful in Jefferson County on Sunday after 12:00 o’clock noon shall be lawful in each and every municipality or part the…

(a) For the purposes of this section, the following terms have the following meanings: (1) BOARD. The Jefferson County Cemetery Board. (2) CEMETERY. Any for-profit cemetery in the county where property is used or intended to be used for the interment of human remains, including, …

It shall be unlawful for any person, partnership, association, or corporation to act as a barber, a barber teacher, an apprentice barber, a scalp specialist, house barber, or to operate a barber college, barber shop, or other like business, or to advertise or assume to act as suc…

A barber, barber shop, barber college, apprentice barber, barber teacher, scalp specialist, house barbers, or other like business within the meaning of this part is any person, firm, partnership, association, or corporation, who shaves or trims the beard, gives facials or scalp m…

(a) There shall be a barber commission for the county consisting of three members, one of whom shall be black, herein at times referred to as the commission. The present members of the commission having been previously appointed by the county commission, shall serve for the durat…

Licenses shall be granted only to persons of good moral character, who have an elementary school education, or its equivalent, at least 18 years of age, have practiced as an apprentice for a period of at least one year, and have passed a satisfactory examination conducted by the …

(a) Every applicant for a barbers license, apprentice barbers license, barber teacher license, scalp specialist license, or a license to operate a barber shop or barbers college, or other like business, shall apply therefor in writing on blanks prepared or furnished by the barber…

Any person violating this part, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for a term not to exceed two months, or by both fine and imprisonment in the discretion of the court. This section shall also have applicati…

This part shall be operative only in Jefferson County. (Act 94-619, p. 1154, §1.)

For the purposes of this part, the following terms shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise: (1) DEPARTMENT. The Jefferson County Board of Health. (2) TANNING DEVICE. Equipment that emits electromagnetic radiation of wav…

This part shall not apply to a tanning facility that uses only phototherapy devices that emit ultraviolet radiation that are used only by or under the direct supervision of a physician or an osteopathic physician licensed under Title 34. (Act 94-619, p. 1154, §3.)

(a) A person shall not operate a tanning facility unless the facility is permitted pursuant to this part. (b) The department shall establish procedures for the issuance and annual renewal of permits. (c) The department may cancel, revoke, or suspend a permit to operate a tanning …

A tanning facility shall not claim or distribute promotional materials that claim a tanning device is safe or free from risk. (Act 94-619, p. 1154, §5.)

A tanning facility shall perform each of the following: (1) Have an operator present during operating hours who is sufficiently knowledgeable in the correct operation of the tanning devices to inform and assist each customer in the proper use of the devices. (2) A tanning facilit…

(a) A tanning facility shall not allow a minor between the ages of 14 and 17 to use a tanning device, unless the facility has on file a statement signed by the parent or legal guardian of the minor stating that the parent or legal guardian has read and understands all warnings th…

(a) The department shall inspect or investigate a tanning facility as necessary but at least annually, or as required by the regulations authorized by this part. (b) The department may adopt necessary regulations to implement this part. (Act 94-619, p. 1154, §8.)

(a) The department may impose an administrative fine in an amount not to exceed one hundred dollars ($100) per day for any violation of this part, any regulation adopted pursuant to this part, or any term or condition of any permit issued by the department. The imposition of an a…

The provisions of this part are cumulative to all other grants of authority of the Jefferson County Board of Health and the Jefferson County Department of Health, whether by local or general law. Any fees or charges levied or charged under the provisions or as a result of this pa…

(a) This section shall be operative only in Jefferson County. (b) For the purposes of this section, the following words have the following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The Jefferson County Board of Health. (2) TATTOO or TATTOOING. The a…

As herein used, these terms have the meanings hereby given them: (1) CORONER-MEDICAL EXAMINERS’ OFFICE. The office wherein or wherefrom the staff performs the duties the governing body assigns the staff. (2) GOVERNING BODY. The governing body of Jefferson County. (3) STAFF. The c…

In Jefferson County the office of coroner is abolished and all powers, rights, and duties now or hereafter authorized or required by law to be performed by coroners shall be exercised and performed by the governing body through appointed coroners-medical examiners, representative…

(a) The employment and compensation of all members of the staff shall be governed by any applicable civil service law. (b) Each coroner-medical examiner shall be a physician licensed to practice medicine in Alabama and recognized and trained in forensic medicine and pathology; pr…

When there is only one coroner-medical examiner on the staff, he or she shall be the chief coroner-medical examiner. When there is more than one coroner-medical examiner on the staff, the governing body shall designate one of them as the chief coroner-medical examiner. Until such…

The chief coroner-medical examiner shall direct the staff, subject to the supervision of the county governing body and pursuant to this part and any rules and regulations promulgated by the Coroner-Medical Examiners’ Commission. (Act 79-454, p. 739, §5.)

There shall be established the Coroner-Medical Examiners’ Commission, with the following powers: (1) To consult with the county governing body on the selection, appointment, and retention of the coroner-medical examiner, and such associate coroner-medical examiners as may be nece…

(a) The Coroner-Medical Examiners’ Commission shall be composed of the following: (1) The county health officer. (2) The District Attorney of Jefferson County, or his or her designated representative. (3) A representative of the Jefferson County Medical Society selected by the so…

Pursuant to rules and regulations promulgated by the Coroner-Medical Examiners’ Commission, it shall be the duty of the chief and associate coroner-medical examiners to review or investigate and determine, the cause and manner of any death, when such death may fall within one or …

In investigating a death hereunder, the coroner-medical examiner shall be authorized to take charge of the dead body, to investigate the circumstances of the death, to conduct or have conducted an autopsy, and whether or not there is an autopsy, to take and retain whatever tissue…