Title 45

This part shall be known as the Shelby County Wine Franchise Jobs Protection Act. (Act 2014–209, p. 626, § 1.)

This part shall be operative only in Shelby County. (Act 2014–209, p. 626, § 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 Shelby 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 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 territory in accordance with Ch…

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 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 deliver …

(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…

Any area situated entirely within Shelby County may be established as a district for providing public library service in the manner hereinafter provided for; provided, however, no land lying within the boundaries of a municipality or an existing library district at the time of th…

(a) The Judge of Probate of Shelby County shall order an election to be held in the proposed district on the question or questions when a petition is filed in the office of the judge of probate requesting an election. (b) The petition shall be signed by at least 100 persons who a…

(a) When a petition for the holding of any election pursuant to this part is filed with the judge of probate, the judge of probate shall order the election sought by the petition to be held on a day not less than 30 days nor more than 60 days from the date on which the judge of p…

(a) Any election held pursuant to this part shall be conducted in all respects as provided by the general election laws except as otherwise provided by this part. Provided, however, that an official ballot need not be provided, and that it shall not be necessary for the ballots t…

Notice of any election held under this part shall be given by publishing for three weeks at least once a week, on the same day of each week, in a newspaper of general circulation in the county where the election is to be held, that on the day fixed for the election the questions …

(a) Where an election is held on the question of the establishment of a district, the governing body of the county shall pay for the necessary expense of advertising and conducting the election out of the general funds of the county, provided, however, that if the district is est…

No district shall be created unless the creation thereof is approved by the majority of votes cast at the election at which the proposed creation is submitted. Upon the officers canvassing the returns of the election certifying that the creation of the district was approved by th…

(a) The affairs and business of the district shall be managed by a library board consisting of five members. The current board members on June 1, 2024, shall serve until the new board members elected pursuant to this section take office. The new members of the library board shall…

(a) The district shall constitute a public corporation, which shall have the power to do any and all acts or things necessary and convenient for carrying out the purposes for which it is created including, but not limited to: To sue and be sued; to have a seal and alter the same …

(a) The expense of establishing and maintaining a district shall be paid for by the proceeds of a service charge which shall be levied and collected in an amount sufficient to pay the expense. The service charge shall be levied upon and collected from persons and properties serve…

(a) No service charge shall be levied unless the same has been first approved by the majority of the votes cast at an election held hereunder by the qualified electors residing within the district, or within the proposed district. (b) An election on the question of levying servic…

(a) A district may be enlarged by consent pursuant to subsection (b) or by petition and referendum pursuant to subsection (c), provided, that no area lying within a municipality or another library district at the time of the enlargement shall be brought within the district. (b) P…

(a) Any district created hereunder may be abolished in the manner provided for in this section; provided, however, that no district shall be abolished nor shall the boundaries of any district be diminished in any manner, when it has any indebtedness. The library board shall have …

In Shelby County, effective at the end of the current term of office, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished. (Act 2007–249, p. 333, § 1.)

(a) The Shelby County governing body, beginning October 1, 1971, may appropriate from the General Fund of Shelby County an allowance for expenses for the Coroner of Shelby County in the amount of one thousand two hundred dollars ($1,200) per year. The allowance shall be payable i…

(a) In addition to any compensation and expense allowances now being paid, the Shelby County Coroner shall receive an expense allowance of five thousand dollars ($5,000) per annum payable from the county treasury in equal monthly installments. The county coroner, in writing, may …

(a) In Shelby County, after May 16, 2008, the coroner shall continue to receive the salary and expense allowance the coroner is receiving on May 16, 2008, subject to any adjustments as further provided herein. (b) The Shelby County Commission may set the compensation and any expe…

(a) The Shelby County Commission shall be composed of nine members, elected from single-member districts one through nine, inclusive, by the qualified voters residing within each district. The nine districts shall be apportioned as provided by law. Each commissioner shall reside …

The Chair of Shelby County Commission shall receive an additional expense allowance of five thousand dollars ($5,000) per year. The expense allowance shall be in addition to all other expense allowances and compensation paid to the chair. The money shall be paid in the same manne…

Each member of the County Commission of Shelby County shall be entitled to receive an expense allowance in the amount of five hundred dollars ($500) per month to be paid out of the county general fund. This expense allowance shall be in addition to any and all other compensation …

(a) The County Commission of Shelby County may acquire and operate self-service computer terminals. The information and services available through the use of the self-service computer terminals shall include, but not be limited to, the following: (1) Information on government ser…

(a) The Shelby County Commission may adopt ordinances or resolutions providing rules and regulations relating to the use of its properties including, but not limited to, its public parks, recreational areas, public buildings and facilities, and real property owned or leased by Sh…

When used in this subpart, the word ‘‘code,’’ unless the context clearly indicates a different meaning, shall mean: Not less restrictive than the Southern Building Code, as of August 13, 1987 (and its companion codes on plumbing and gas, all as produced by the Southern Building C…

(a) The Shelby County Commission may by reference, adopt, amend, and provide for the enforcement of the code. The code, when adopted as herein authorized, shall apply to and govern in all unincorporated areas of the county and also in those parts of the county lying within the co…

The county commission shall have the authority for and the responsibility of enforcing this subpart. The county commission having established an enforcement program for the code, no building or affected project except temporary construction buildings shall be commenced without fi…

Any person violating this subpart or failing to comply with any of the provisions of this subpart after 10 days written notice of an enforcement agency shall be guilty of a misdemeanor punishable as prescribed by state law. (Act 87–785, p.1538, § 5.)

This subpart shall not be construed to impair or limit in any way the power of the county commission to enjoin or abate public nuisances within its jurisdiction. (Act 87–785, p.1538, § 6.)

Nothing in this subpart shall be construed as abrogating or otherwise affecting the power of any state department or agency to adopt regulations, make inspections, or approve plans in accordance with any other applicable provisions of law not in conflict with the provisions herei…

This subpart shall be liberally construed as being additional authority for the Shelby County Commission to adopt ordinances relating to the establish-ment and enforcement of minimum standards for buildings, dwellings, and the structures of all types and descriptions used for hum…

Manufactured homes, as defined in Section 24–5–2, are specifically excluded from this subpart. (Act 87–785, p.1538, § 9.)

(a) The following exceptions may be excluded by the county commission from the provisions of these minimum codes: (1) One and two family dwellings and outbuildings in connection therewith. (2) Farm buildings. (b) Nothing in these minimum codes shall apply to any building or proje…

(a) Notices of the requirement of the attendance of jury service in the Circuit Court of Shelby County may be served by first class mail, or may be served as provided by Section 12–17–73. If, in the discretion of the sheriff, the service is made by first class mail, the service s…

In addition to all other allowances and compensation now provided by law, there shall be paid to each official court reporter of the Eighteenth Judicial Circuit of Alabama in equal monthly installments, an allowance of five thousand four hundred dollars ($5,400) per annum, for th…