HB72 Alabama 2015 Session

Chapter 2A of Title 28, Code of Alabama 1975, commencing with Section 28-2A-1, provides for municipal elections involving whether a municipality allows or prohibits the sale of alcoholic beverages (municipal option elections).

Act 2009-546 of the 2009 Regular Session amended Chapter 2A to alter the population thresholds for holding such elections, except in Clay, Randolph, and Blount Counties. Over 30 municipalities have held municipal option elections pursuant to Act 2009-546. The Alabama Supreme Court, in the case of Bynum v. City of Oneonta, recently declared Act 2009-546 unconstitutional.

This bill would ratify and confirm any election held pursuant to Section 28-2A-1 as amended by Act 2009-546 in which the voters in a municipality with a population of 1,000 or more voted to allow for the sale, distribution, and consumption of alcoholic beverages within the municipality.

This bill would also ratify and confirm any taxes or licenses levied and collected pursuant to a municipal option election conducted in accordance with Act 2009-546, and any administrative or regulatory actions taken.

To ratify and confirm municipal option elections and any related taxes and licenses levied and collected pursuant to a municipal option election held pursuant to Section 28-2A-1, Code of Alabama 1975, as amended by Act 2009-546 of the 2009 Regular Session (Acts 2009, p. 1446).