Title 45

(a) The Marshall County Commission is hereby authorized to impose upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in Marshall County a county privilege, license, or excise tax in the following am…

(a) Upon adoption of a resolution by the Marshall County Commission, every person, firm, corporation, club, or association that sells or stores or receives for the purpose in Marshall County any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products shall add the a…

It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Marshall County in the business for which the tax is hereby levied to fail or refuse to add to the price and collect from the purchaser the amount due on account of the tax herein provided or …

The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 to Section 40-25-28, inclusive. The State Department of Revenue shall have the same duties relative to the preparation and sale of stamps to evidence th…

The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purpose of this part. All such rules and regulations duly promulgated shall have force and effect of law. (Act 87-522, p. 787, § 5.)

All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section 40-25-1 to Section 40-25-28, inclusive, as amended, requiring reports from dealers and prescribing penalties for violations shall apply with e…

(a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses of the federal or state constitution. (b) This part shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco produ…

The provisions of this part shall be construed in pari materia with any and all other provisions of law, or parts of law, relating to taxes, tobacco products, or firefighting departments; provided, however, that all laws or parts of laws which are in direct conflict herewith are …

(a) The Legislature of the State of Alabama finds the following: (1) It is in the best interest of the State of Alabama and the people of Marshall County to protect the Tennessee River and its watershed to promote the beneficial purposes of maintaining a clean drinking water supp…

(a) This section shall apply to any wastewater system in Marshall County which, as of May 26, 2017, serves one or more developments, is designed and permitted for discharge of wastewater directly to surface waters of the state, is regulated by the Department of Environmental Mana…

(a) This chapter endeavors to add to the Code of Alabama 1975, all Mobile County local laws enacted after 1978 and all Mobile 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 applicable…

The governing body of the City of Bayou La Batre, Mobile County, Alabama, may declare by the adoption of appropriate resolution the need for the formation of a public corporation to carry out this article. Upon the adoption of such resolution the governing body of the City of Bay…

The certificate of incorporation of the corporation shall state: The names of the persons forming the corporation, together with the residence of each thereof and a statement that each of them is a duly qualified elector of and property owner in the City of Bayou La Batre; the na…

The certificates of incorporation with the documents attached shall be filed with the Judge of Probate of Mobile County and with the Secretary of State, who shall forthwith receive and record the same. When such certificate is so filed the corporation referred to therein shall co…

All powers of the corporation shall be exercised by the board of directors or pursuant to its authority. The directors shall be elected by the governing body of the City of Bayou La Batre for staggered terms of office as follows: Two years for the first appointee; three years for…

A corporation organized and established under this article shall have the following powers: (1) To adopt bylaws for the regulation of its affairs and the conduct of its business. (2) To adopt an official seal and alter the same at pleasure. (3) To maintain a principal office at t…

(a) The corporation shall have the power to borrow money and to issue revenue bonds as evidence of any money borrowed, which bonds shall be payable solely from the revenues derived from the activities and enterprises in which the corporation is hereby authorized to engage. As sec…

The contracts of the corporation shall be executed in the name of the corporation by the president of the corporation and attested by the secretary of the corporation. Except for bonds, it is not required that the seal be impressed or printed on contracts. It is further provided …

Mobile County or the City of Bayou La Batre, or any city within the county, is authorized, but not required, to lease, sell, donate, or otherwise convey to the corporation, real or personal property, including park properties, without the necessity of authorization by election of…

No debt, obligation, or liability contracted or incurred by the corporation or by any director, officer, employee, or agent of the corporation shall be a debt, obligation, or liability of the State of Alabama, or of any city, town, county, or political subdivision of the State of…

All property of the corporation shall be exempt from state, county, and city taxation; and the corporation shall be exempt from license or privilege licenses levied by the state, county, or city upon the business or activities conducted or engaged in by the corporation; provided,…

The Legislature finds that nudity, sexual conduct, and the depiction or simulation thereof in conjunction with the furnishing of alcoholic beverages in public places is contrary to the safety, health, and morals of the inhabitants of Mobile County, and is desirous of prohibiting …

The following words, terms, and phrases shall have the following meanings: (1) LICENSED ESTABLISHMENT. Any business operating pursuant to a license issued by the Alabama Alcoholic Beverage Control Board within an unincorporated area of Mobile County, which sells, serves, or dispe…

The following types of entertainment, attire, and conduct are prohibited upon any premises of a licensed establishment within the unincorporated area of Mobile County: (1) The employment or use of any person, in any capacity, in the sale or service of alcoholic beverages while th…

(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…

The governing body of the Municipality of Chickasaw shall have authority, after notice as provided herein, to move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when the same are found by the governing body of the city to…