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SB315 Alabama 2011 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Ben H. Brooks
Ben H. Brooks
Republican
Co-Sponsor
Rusty Glover
Session
Regular Session 2011
Title
Class 2 municipalities, approval or denial of liquor licenses, appeals to circuit court, requirement for de novo review deleted, Sec. 28-1-6 am'd.
Summary

SB315 changes how Class 2 municipalities handle liquor licenses by allowing expedited circuit court review of denials and outlining specific grounds for reversal, with local approval required for issuance.

What This Bill Does

In Class 2 municipalities, the Alabama Alcoholic Beverage Control Board cannot issue a license unless the local governing body approves it or the circuit court reverses a denial on defined grounds; the court review is an expedited de novo process with no jury. The hearing must be scheduled within 30 days of initiation and the proceeding must start within 14 days of the denial. The grounds for reversal include nuisance creation, harm to health or safety, zoning violations, prior convictions of applicants or related individuals, proximity to schools or child care facilities and related hours, traffic concerns, and other risks to neighborhoods or the public welfare. The act becomes effective immediately after the governor’s approval.

Who It Affects
  • Businesses and individuals seeking liquor licenses in Class 2 municipalities, who will need local approval or expedited court reversal to obtain a license, with specific timelines for appeals.
  • Class 2 municipal governing bodies, the Alabama Alcoholic Beverage Control Board, and circuit court judges, who administer and participate in the expedited de novo review process and determine whether denials should be overturned.
Key Provisions
  • For Class 2 municipalities, a liquor license cannot be issued by the ABC Board unless the site is approved by the local governing body or the denial is overturned by the circuit court on defined grounds (1-7) plus an 8th catch-all risk; grounds include nuisance, health/safety impacts, zoning violations, prior convictions of applicant/officer/director, proximity to school/child care, and traffic issues.
  • The review of a Class 2 license denial by the circuit court is an expedited de novo proceeding, conducted by a circuit judge without a jury, with the denial action to be commenced within 14 days and a hearing set within 30 days.
  • The act provides for expedited de novo review for Class 1 licensing denials as well, with grounds specified for reversal, though the enumerated grounds differ slightly from Class 2.
  • Effective date: the act becomes effective immediately upon the governor’s approval.
AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Alcoholic Beverages

Bill Text

Votes

Motion to Read a Third Time and Pass

April 6, 2011 Senate Passed
Yes 27
Abstained 2
Absent 6

Motion to Read a Third Time and Pass

June 9, 2011 House Passed
Yes 73
Abstained 12
Absent 20

Documents

Source: Alabama Legislature