Under existing law, the Alcoholic Beverage Control Board may not issue an alcoholic beverage retail license in a Class 4 municipality that has adopted a mayor-council form of government unless the application for a license was first approved by the governing body of the municipality, or if the application was denied, the denial was set aside by a court based on grounds that the governing body failed to show a valid enumerated reason why the denial was appropriate
This bill would revise the list of enumerated reasons why denial of an alcoholic beverage license by the governing body was appropriate
Relating to alcoholic beverage licenses in certain Class 4 municipalities; to amend Act 98-342 of the 1998 Regular Session (Acts 1998, p. 602); to repeal Section 28-1-7, Code of Alabama 1975; and to revise the list of enumerated reasons when denial by the governing body of a Class municipality that has adopted a mayor-council form of government of an alcoholic beverage license is appropriate.
Relating to alcoholic beverage licenses in certain Class 4 municipalities; to amend Act 98-342 of the 1998 Regular Session (Acts 1998, p. 602); to repeal Section 28-1-7, Code of Alabama 1975; and to revise the list of enumerated reasons when denial by the governing body of a Class municipality that has adopted a mayor-council form of government of an alcoholic beverage license is appropriate
Act 98-342 of the 1998 Regular Session, (Acts 1998, p. 602) is amended to read as follows: "Section 1. (a) All other provisions of law, or rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority to may not issue any form of license in a Class IV 4 municipality organized pursuant to Ala. Code § Section 11-44B-1, et seq. (1975) of the Code of Alabama 1975, including, but not limited to, on or off-premise off-premises consumption licenses, special event or, special retail licenses, restaurant or lounge licenses, or club licenses, or other licenses for the retail sale of any form of intoxicating alcoholic beverages, including, but not limited to, beer, and other forms of malt beverages, wine, liquor, or other HB478 alcoholic beverages regulated by the board, unless the one of the following requirements is satisfied: "(a) (1) The application therefore has first been was first approved by the governing body of the municipality within whose corporate limits in which the site of the license is to be situated. The municipality is authorized to may adopt and promulgate rules and regulations for the administration and processing of applications for such licenses. "Section 2. (b) (2) The Alabama Alcoholic Beverage Control Board may issue such license only if the denial of approval Denial of the application by the governing body of the municipality has been set aside by order of the circuit court of the county in which the municipality is the site was to be situated and such order has been affirmed by the appropriate appellate court, if an appeal has been taken. The circuit court of the county in which a municipality is located may set aside the denial of approval of a license only on the basis that the denial by the municipality was arbitrary and or capricious in that there was no without a showing to by the governing body of the municipality of any of one of the following: "(a) (1) The creation of a nuisance. "(b) (2) Circumstances clearly detrimental to adjacent residential neighborhoods. or HB478 "(3) Circumstances detrimental to the public health, safety, and welfare. "(c) (4) A violation Violations of applicable laws, ordinances or zoning restrictions or regulations. "(5) An individual applying for the license, or an individual who is an officer or director of a corporation or other entity applying for the license, has a prior conviction involving the use of alcoholic beverages or a controlled substance or a prior conviction involving the illegal sale of alcoholic beverages or a controlled substance. "(6) The proximity of the proposed business to a school or child care facility and the business hours of the proposed business will create a harmful environment for the students or children. "(7) Traffic congestion created by licensing the proposed business. "(8) Any other reason that poses a risk to the surrounding neighborhoods or to public health, safety, and welfare. "Section 3. (c) Proceedings in circuit court to review an action of a municipal governing body denying approval of a license application shall be expedited proceedings, heard by a circuit judge without a jury. who shall consider any testimony or matters presented to the city governing body and any new evidence presented in explanation HB478 or contradiction of the same. If a licensee ultimately prevails in any judicial review as provided for herein on any basis other than new evidence presented to the court that was not fully presented to the municipal governing body, then the applicant shall be entitled to an award of reasonable attorneys' fees against the municipality. Any proceeding to review the denial of approval of a license application by a municipality shall be commenced within fourteen (14) calendar 14 days of the action by the municipal governing body and shall be set for hearing by the court within thirty (30) calendar 30 days thereafter. "Section 4. This act shall supersede any and all laws, rules and regulations contrary to or inconsistent with this act."
Section 28-1-7, Code of Alabama 1975, relating to alcoholic beverage licenses in certain Class municipalities, is repealed.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. HB478 Speaker of the House of Representatives President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 06-MAY-20. Jeff Woodard Clerk Senate 09-MAY-20 Passed
|May 9, 2020||H||Delivered to Governor at 2:43 p.m. on May 9, 2020.|
|May 9, 2020||H||Assigned Act No. 2020-152.|
|May 9, 2020||H||Clerk of the House Certification|
|May 9, 2020||S||Signature Requested|
|May 9, 2020||H||Enrolled|
|May 9, 2020||H||Passed Second House|
|May 9, 2020||S||Motion to Read a Third Time and Pass adopted Roll Call 645|
|May 9, 2020||S||Third Reading Passed|
|May 8, 2020||S||Read for the second time and placed on the calendar|
|May 7, 2020||S||Read for the first time and referred to the Senate committee on Local Legislation|
|May 6, 2020||H||Motion to Read a Third Time and Pass adopted Roll Call 422|
|May 6, 2020||H||Third Reading Passed|
|May 5, 2020||H||Read for the second time and placed on the calendar|
|May 4, 2020||H||Read for the first time and referred to the House of Representatives committee on Tuscaloosa County Legislation|
|Document Type||Document Location|