Title 45

This part shall be operative only in Montgomery County. (Act 2014-223, p. 731, § 2; Act 2014-263, p. 840, § 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 Montgomery County. Regulation in this area within the county is considered necessary for the following reasons: (1) To maintain stab…

(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 Alcoholic Beverage Control Board authorizing the 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 terr…

A supplier shall not: (1) Fail 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 agreement which is in existence on …

A wholesaler shall not: (1) Fail to devote reasonable efforts and resources, within a 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 distribute. (2) Sell or delive…

(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 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 April 2, 2014, as well as agreements entered into or renewed after April 2, 2014. (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…

(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 part is cumulative and supplemental and is in addition to Sections 28-8-1 to 28-8-8, inclusive. (Act 2014-223, p. 731, § 15; Act 2014-263, p. 840, § 15.)

In Montgomery County, the office of constable shall be abolished, pursuant to Section 36-23-1. All assets, money, property, real or personal, equipment, and supplies belonging to such office shall be transferred to the county governing body for use or disposition as they shall de…

The Montgomery County Commission is hereby authorized and empowered in its discretion to make annual monetary grants toward the support of any museum of fine arts located within Montgomery County. The amount of the grants may be paid in equal monthly installments from the general…

(a) Montgomery County Commission members who have served a total of at least 10 years on the commission may elect to maintain county-sponsored health insurance after their departure from office, provided that: (1) The health insurance provided to the former commission members sha…

(a) Repealed by Act 2022-258, § 2. (b) Repealed by Act 2022-258, § 2. (c)(1) Each member of the Montgomery County Commission, upon approval by the commission by a recorded roll call vote, shall receive an additional expense allowance, in an amount of up to five hundred dollars ($…

In Montgomery County, effective beginning the next term of the county commission after April 6, 2022, the salary of each member of the Montgomery County Commission shall be increased by sixteen thousand dollars ($16,000) per year and two existing unvouchered expense allowances gr…

In Montgomery County, effective beginning the next term of the county commission after May 30, 2023, the salary of each member of the Montgomery County Commission may be increased a single time up to twelve thousand dollars ($12,000) upon an affirmative vote of the Montgomery Cou…

(a) There is established a board consisting of five persons, to be called the Board of Revenue of Montgomery County. (b) The members of the board shall be appointed by the Governor, and shall hold their office for the term of four years, and until their successors are qualified, …

For the purpose of electing members of the county commission, Montgomery County is divided into five districts numbered 1, 2, 3, 4, and 5. The five districts shall be described as follows: (1) COMMISSIONER DISTRICT 1. Beginning at the intersection of the Eastern Bypass and Inters…

(a) The Presiding Judge or the Presiding Judge of the Criminal Division of the Fifteenth Judicial Circuit, upon motion of the district attorney for the circuit, shall empanel as many additional grand juries for the circuit to sit or be in session simultaneously or otherwise for s…

(a) In the Fifteenth Judicial Circuit of Alabama, all orders and decrees may be made and entered by circuit judges sitting in and for the circuit on a sheet or sheets now commonly called case action summaries and there shall be a case action summary for each case docketed in such…

Each circuit judge in the Fifteenth Judicial Circuit, in addition to the salary paid by the state, shall receive a supplemental salary from the general fund of the county composing the judicial circuit. The supplemental salary shall at all times equal 40 percent of the salary pai…

Each circuit clerk in the Fifteenth Judicial Circuit, in addition to the salary paid by the state, shall receive a supplemental salary from the general fund of the county composing the judicial circuit. The supplemental salary shall at all times equal 29 percent of the salary pai…

In Montgomery County, all court reporters in the Fifteenth Judicial Circuit appointed and holding office under the provisions of law applicable thereto, in addition to any other salary provided by the state, shall receive a total additional salary supplement in the amount of fift…

(a) In Montgomery County, a booking fee in the amount of twenty dollars ($20) shall be assessed by the clerk of the court as court costs against each criminal defendant incarcerated in or booked in the Montgomery County Detention Facility if the defendant is convicted or pleads g…

(a) The District Attorney for the Fifteenth Judicial Circuit is hereby authorized to appoint a chief investigator for such office. Such additional investigators may from time to time be appointed as the district attorney and the governing body of the county comprising the circuit…

The following words or phrases when used in this part shall mean: (1) ACCUSATORY INSTRUMENT. Any warrant of arrest, information, or grand jury indictment. (2) DEFERRED PROSECUTION. The suspension of prosecution prior to indictment for a specified period of time upon the request o…

The District Attorney for the Fifteenth Judicial Circuit is specifically endowed with and shall retain all of his or her discretionary powers under the common law. The district attorney shall have the prosecutorial discretion as defined herein or any which he or she has under the…

The district attorney may utilize such discretion to screen or divert such cases out of the criminal justice system when he or she feels that the advantages of such diversion, or preprosecution probation, would outweigh the advantages of prosecution. Among the factors which may b…

(a) The Presiding Judge of the Criminal Division of the Fifteenth Judicial Circuit may appoint a committee or advisory commission comprised of at least seven citizens of counties within the circuit which shall be known as the Citizens Advisory Commission on Prosecution. The commi…

Prior to or upon the issuance of any accusatory instrument other than an indictment charging any defendant with an offense other than an offense enumerated in Section 45-51-82.26, the district attorney, in his or her discretion, upon the request of the defendant, may withhold pro…

During that period the district attorney may impose conditions upon the behavior and conduct of the defendant which assures the safety and well being of the community as well as that of the defendant. Included among those conditions which may be imposed by the district attorney, …

Persons charged with the following criminal conduct shall not be eligible for participation in any preprosecution diversionary program instituted under this part. (1) Abduction and kidnapping. (2) Arson. (3) Blackmail. (4) Bribery by or of a public official. (5) Burglary in the f…

Prior to the issuance of an indictment by a grand jury, the responsibility and authority for the decision to screen or divert cases, or to refuse to screen or divert particular cases, shall rest within the sole judgment and discretion of the district attorney for the circuit. Aft…

Any defendant voluntarily participating in such a program shall have the right to: (1) Insist on criminal prosecution at any time the prosecution for the offense for which he or she is charged is pending, and to have a circuit court judge determine whether any pressure or coercio…

In conducting such a program, the district attorney for the circuit shall have the right to: (1) Insist at any point upon the reinitiation of criminal proceedings, when, in his or her judgment, such action would be desirable. (2) The services of available probation workers within…

(a) After the completion of the preprosecution or pretrial diversionary period and the conditions imposed upon the defendant to the satisfaction of the district attorney, a defendant participating in such programs shall be entitled to a non-criminal disposition of the charges aga…

(a) At the request of the defendant, the district attorney for the circuit may file in the circuit courts of such circuit or elsewhere as necessary, petitions seeking the expunging or purging of all records against an accused for the diverted offense, provided, however, the accus…

(a) A defendant admitted into the program shall be assessed a fee up to one thousand dollars ($1,000), with the fee to be set by the circuit judge and paid to the county commission earmarked for the operation of the pretrial diversion program. The fee for admittance into the prog…

The district attorney for the circuit, in his or her discretion, may use or expend monies from the district attorney fund for any or all of the costs of the program. (Acts 1978, No. 706, p. 1015, § 14.)

Each district judge in the Fifteenth Judicial Circuit, in addition to the salary paid by the state, shall receive a supplemental salary from the general fund of the county composing the judicial circuit. The supplemental salary shall at all times equal 90 percent of the total sup…

(a) The per annum compensation shall be eighty-eight thousand dollars ($88,000) for the judge of probate effective October 1, 1996. (b) The compensation amount in subsection (a) shall be paid out of the general fund of the Montgomery County Commission in the same manner as other …

(a) The Judge of Probate of Montgomery County may appoint from the qualified electors of Montgomery County one or more temporary judges of probate to serve contemporaneously with him or her when the elected judge of probate finds that the temporary appointments are necessary beca…

The purpose of this subpart is to facilitate the use of public records in property transactions in Montgomery County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal …