HB262 Alabama 2024 Session

Summary

Primary Sponsor

Brock ColvinRepresentative

Republican

Session

Regular Session 2024

Title

Marshall County, alcoholic beverages, provided to be a wet county, county commission, unincorporated areas, authorized to regulate and require on premise licensees to meet licensure requirements, fees, additional privilege taxes

Summary

This bill would amend the Alabama Constitution to make Marshall County a wet county and allow the county to regulate alcohol sales in unincorporated areas, including licensing and taxation.

What This Bill Does

It designates Marshall County as wet for state alcohol laws and authorizes local regulation of sales in the county's unincorporated areas. The county commission could regulate sales, require a county business license, set annual license fees, and add on-premises requirements beyond ABC Board rules, with fire safety and health inspections as applicable. It allows the county to levy additional sales and use taxes on alcohol in unincorporated areas, with proceeds going to the county general fund and half of the proceeds to the Marshall County Board of Education; violations could lead to license denial or revocation and enforcement via court action. The amendment is self-executing upon ratification, but the Legislature could pass implementing laws, define the unincorporated area, and set penalties; it becomes effective on the first day of the month after ratification.

Who It Affects

• Alcohol retailers and on-site beverage sellers operating in Marshall County's unincorporated areas would be subject to a county business license, licensing fees, and possible inspections.
• The Marshall County Commission would gain authority to regulate alcohol sales in unincorporated areas, set licensing rules and fees, and enforce regulations.
• The Marshall County Board of Education would receive 50% of the new alcohol tax revenue collected in unincorporated areas.
• Residents and workers in the county's unincorporated areas would be affected by the new licensing requirements and taxes; incorporated municipalities within the county would not be directly regulated in their incorporated areas.

Key Provisions

• Defines the unincorporated area of the county as any part outside the corporate limits of a municipality with an elected mayor and municipal council.
• Authorizes the Marshall County Commission to regulate the sale of alcoholic beverages in the unincorporated area and to require a separate county business license for sellers.
• Allows the county to impose additional requirements for on-premises alcohol sales beyond Alabama Beverage Control Board rules, including fire safety and health department inspections.
• Permits the county to levy additional sales and use taxes on the sale of alcoholic beverages in the unincorporated areas, with proceeds deposited in the county general fund and 50% distributed to the Marshall County Board of Education.
• Provides that violations may result in license denial or revocation and that the county can enforce the provisions by injunctive relief in the Circuit Court of Marshall County.
• States the amendment is self-executing but allows the Legislature to enact implementing local laws, including misdemeanor penalties for violations.
• Effective date is the first day of the month after ratification.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Marshall County