Title 45

(a) Any person violating this part shall upon conviction be punished by a fine of not less than one dollar ($1) nor more than five hundred dollars ($500) and may also be imprisoned in the county jail for a period of not more than six months at the discretion of the court trying t…

(a) Notwithstanding any other law to the contrary, when a licensee of the Alcoholic Beverage Control Board makes a retail sale in Mobile County, for off-premises consumption of beer or malt beverages in a keg which is either sold or leased in the sales transaction in Mobile Count…

(a) The Legislature is cognizant of Opinion of the Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County “purporting to allow by local law the creation of a traffic in alcohol that does not presently exist in smaller municipalities in Washin…

(a) Notwithstanding Section 28-1-3.1, any person 21 years of age or over who is on active duty, in active reserve status, or retired from the armed forces of the United States, or the dependent of the person, or is otherwise eligible to purchase alcoholic beverage from military p…

The Mobile County Commission is hereby mandated to call and provide for holding an election among the voters of Mobile 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 o’clock noon by pro…

Regardless of the result of the initial election mandated by Section 45-49-22, or the result of any subsequent election held pursuant to the following provisions of this section, any number of subsequent elections may be called and held to authorize or prohibit the sale and distr…

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

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…

If a majority of the voters voting in any election held pursuant to this subpart vote Yes, the activities enumerated in Section 45-49-22.03 which shall become lawful in Mobile County on Sunday after 12 o’clock noon shall be lawful in each and every municipality or part thereof lo…

(a) In addition to any other authority for the sale of alcoholic beverages on Sunday, the governing body of any municipality within Mobile County, or the Mobile County Commission for the unincorporated areas of the county, may authorize the sale of alcoholic beverages for on-prem…

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 Mobile County. Regulation in this area within the county is considered necessary for the following reasons: (1) To maintain stabilit…

(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 is prohibited from doing the following: (1) Failing to provide each wholesaler of the supplier’s brand or brands with a written agreement which contains in total the supplier’s agreement with each wholesaler, and designates a specific exclusive sales territory. Any agr…

A wholesaler is prohibited from doing the following: (1) Failing to devote reasonable efforts and resources, within supplier’s designated sales territory, to the sale and distribution of all the supplier’s brands of wine which the wholesaler has been granted the right to sell or …

(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 the suppl…

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

(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 13, 1993, as well as agreements entered into or renewed after May 13, 1993. (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…

There is created and established in Mobile County a commission to be known as the Mowa Band of the Choctaw Indian Commission of Mobile County, Alabama, hereinafter referred to as the commission. (Act 79-343, p. 555, § 1.)

The purpose of this commission shall be to deal fairly and effectively with Indian affairs to bring local, state, and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of Mobile County; to provide aid and protection for…

It shall be the duty of the commission to study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians of Mobile County and to provide technical assistance in the preparation of plans for the a…

(a) The commission shall be composed of seven members, five of whom shall be Choctaw Indians residing in Mobile County. The two additional members may or may not be Choctaw Indians but shall be residents of the county. All members of the commission shall be elected by the Choctaw…

The commission, subject to county or other funds that would accrue to the commission, may employ an executive director, and also subject to county or other funds that would accrue to the commission, may hire additional staff and consultants to assist in the discharge of members’ …

(a) The commission shall meet quarterly, and at any other such time that it shall deem necessary. Meetings may be called by the chair or by a petition signed by a majority of the members of the commission. Ten days’ notice shall be given in writing prior to the meeting date. (b) …

The commission shall prepare a written annual report giving an account of its proceedings, transactions, findings, and recommendation. This report shall be submitted to the Mobile County Commission, and the secretary of the Mowa Band of the Choctaw Indians of Mobile County. The r…

(a) Fiscal records shall be kept by the executive director or his or her designee, if applicable, otherwise by the commission chair and shall be subject to annual audit by the Department of Examiners of Public Accounts. The audit report shall become a part of the annual report an…

(a) There is created and established the Mobile County Youth Athletic Board, hereinafter referred to as the board. Each of the below listed associations shall have the authority to name one member on the board: (1) The Semmes Youth Association. (2) The Semmes Dixie Majors Associa…

(a) Members of the board first shall be appointed as follows: (1) The members from Semmes Dixie Youth Association and Semmes Dixie Majors Association for a term of one year. (2) The members from Theodore Athletic Association and West Side Athletic Association for a term of two ye…

A chair and a vice-chair shall be elected by the board from among its members. In the absence or incapacity of the chair, the vice-chair shall serve as chair and may perform such acts and duties as the chair is authorized to perform. The power of the board shall be vested in and …

The board shall have the power and it shall be its duty to distribute to the various member associations the tax proceeds as provided in Section 45-49-31.05. The board shall have all other powers necessary to effect the purposes for which it has been established. (Act 83-562, p. …

Each association enumerated in Section 45-49-31 shall register youth under 19 years of age who reside outside the corporate limits of incorporated municipalities in Mobile County and who are participants in the sports programs of the association. Registration shall consist of lis…

The tax proceeds distributed to Mobile County pursuant to Article 10, commencing with Section 28-3-280, of Chapter 3, Title 28, shall be transferred by the county treasurer to the Mobile County Youth Athletic Board to be deposited as provided in Section 45-49-31.02. On or before …

Each association shall submit an annual audit to the board on or before April 30th of each year as to how the funds were spent during the previous year. (Act 83-562, p. 861, § 7.)

(a) If, after the board has distributed fifteen dollars ($15) per capita to each association, there is additional money from the tax proceeds as provided in Section 45-49-31.05, the board may distribute to the associations on a first come, first serve basis. The association reque…

This part shall apply to all counties having a population of not less than 300,000 nor more than 500,000 inhabitants, according to the last or any subsequent federal decennial census. (Acts 1961, No. 678, p. 940, § 1.)

(a) As used in this part, unless the context otherwise requires, the following terms have the following meanings: (1) APPRENTICE. Any person practicing in a barber or haircutting shop to acquire the skill of a barber or haircutter after having completed the requirements of a stud…

(a) There is created a Barbers’ Commission for the County of Mobile. The Governor shall appoint three persons, each of whom, immediately prior to the date of his or her appointment, has been a resident of the county for the past three years, and who has had at least five years’ e…

(a) The board shall have authority to make reasonable rules for the administration of this part. Copies of all rules adopted by the board shall be furnished to each barber and each barber school or college. (b) No rule may be adopted or amended at the same meeting at which it is …

(a) Any person shall be qualified to receive a license as an apprentice barber provided he or she satisfies all of the following: (1) Is at least 16 and one-half years of age and is of good moral character and temperate habits. (2) Has graduated from an approved school or college…

Any person having made application for a barber license shall be qualified to receive such license to practice as a barber provided he or she satisfies all of the following: (1) Is qualified under Section 45-49-40.04. (2) Has practiced as an apprentice barber for a period of 18 m…

(a) Any person who is at least 18 years of age and of good moral character and temperate habits, who has a license as a practicing barber from another state or county having substantially the same requirements for licensing barbers as are required by this part, or who can prove b…

(a) Any person desiring to practice barbering, or desiring to practice as an apprentice barber, shall file with the secretary of the board a written application, under oath, on a form prescribed by the board, together with two photographs of the applicant, two x three inches in s…

(a) The board shall conduct examinations for applicants for licenses to practice as barbers and as apprentices at least four times each year, at such times and places as the board shall determine. Such examination shall include both a practical demonstration and a written and ora…