Title 45

(a) In addition to all other powers now or hereafter granted by law, the authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To sell and issue bonds of the authority in order to provid…

Rates, fees, and charges for water, sewer, or garbage service rendered by the authority from any of its systems shall be so fixed and from time to time revised as at all times to provide funds at least sufficient to: (1) Pay the cost of operating, maintaining, repairing, replacin…

For the purpose of securing water, sewer, or garbage service or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation, or protection of water, sewer, or garbage systems, any county, municipality, or oth…

The authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the county commission of any county and subject only to the necessity of obtaining the municipal cons…

(a) The furnishing of sewer and garbage service in conjunction with the water services by the authority as well as the furnishing of water services are hereby declared to be a governmental function. (b) The authority shall not be liable for any tort, whether negligent or willful,…

(a) The authority, the property and income of the authority, the income from bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. (b) The authority shall not be oblig…

The authority now or hereafter organized under this part is hereby exempted from the laws of the State of Alabama governing usury and prescribing or limiting interest rates, including, without limitation, Chapter 8 of Title 8. (Act 89-265, p. 389, §13.)

At any time when no bonds or obligations theretofore assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the re…

In all cases where there is an attempt to incorporate a public corporation under this part, and a certificate of incorporation with respect to such corporation has been filed in the office of the judge of probate of the county in which such corporation was sought to be incorporat…

Except as expressly otherwise provided in this part, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the acquisition of any property, water, sewer, and garbage system, or the issuanc…

The Jackson County Water Authority shall be audited similar to and in accordance with any audit required to be performed upon the Jackson County Commission and the operations of the County of Jackson. (Act 89-265, p. 389, §17.)

(a) This chapter endeavors to add to the Code of Alabama 1975, all Jefferson County local laws enacted after 1978 and all Jefferson County prior local laws that were amended or affected by a local law enacted after 1978. (b) It is the purpose of this chapter to state current appl…

The boundary lines between Shelby and Jefferson Counties are hereby altered so that the following described property shall be detached from Shelby County and added to Jefferson County; to wit: A parcel of land 60 feet in width in the west half of southwest quarter of Section 9 th…

(a)(1) As used in this section, the following words and terms have the meanings hereby ascribed to them: a. ABC LAW. Chapter 3 of Title 28, which establishes and governs the Alcoholic Beverage Control Board. b. AUTHORITY. A civic center authority heretofore or hereafter establish…

(a) The Alabama Alcoholic Beverage Control Board may grant to any civic center authority, to which the board may have theretofore issued or may simultaneously therewith issue a civic center liquor license under Section 45-37-20, a revocable temporary permit entitling such civic c…

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.)