(a)

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Terms Used In Alabama Code 45-28A-60

  • following: means next after. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(1) The voters of the City of Hokes Bluff in Etowah County may authorize the sale of alcoholic beverages within the city on Sunday by an election pursuant to this section, in the following manner:

The governing body of the City of Hokes Bluff, by resolution, may call an election for the city to determine the sentiment of the voters of the city residing within the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed on Sunday within the city.

(2) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within the City of Hokes Bluff seven days a week subject to regulation by the City Council? Yes ___ No ___.”
(3) The election shall be held and the officers appointed to hold the election in the manner provided by law for holding other city elections, and the returns thereof tabulated and results certified as provided by law for municipal elections. Any Sunday sales election shall be held as provided in this section as a special election or at any subsequent city election following the date of the resolution.
(4) Notice of the election shall be given by the city council of the city by publication or by posting the notice at the city hall apprising the voters of the city, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold on Sunday. The cost of the election shall be paid out of the general fund of the city.
(5) Only qualified voters of the city may vote in the election. If a majority of the voters voting in the city election vote “Yes,” alcoholic beverages can be legally sold or dispensed within the corporate limits of the city on Sunday by licensees of the Alcoholic Beverage Control Board and the city. The city council may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverage sales.
(6) In the event the results of an election pursuant to subdivision (1) are negative, the city may call another election as provided in subdivision (1) provided the election is held at least one year after a prior election.
(b) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Hokes Bluff and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the City of Hokes Bluff now permitted under the general laws of the state, or under any local or special act of the Legislature.
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