§37A-3-124. Voter approval at county special elections or a general
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election required for sale of alcoholic beverages on Sundays or by individual drink for on-premises consumption.
A. Sale of alcoholic beverages by the individual drink for on- premises consumption shall be unlawful in any county of this state unless the sale has been approved by a majority of the registered voters of the county voting thereon at a special election called by the board of county commissioners or a General Election. Subject to the provisions of subsection C of this section, such election shall be called by the board of county commissioners upon receipt of a petition signed by registered voters constituting not less than fifteen percent (15%) of the total votes cast in the county in the last General Election for the Office of Governor, or such election may be called by the board of county commissioners upon its own motion.
At the time such election is called, the proposition shall
include those days or portions of days, if any, on which sales of alcoholic beverages by the individual drink are not authorized. If the proposition is the result of a motion of the board of county commissioners, then the ABLE Commission shall designate the days or portions of days, if any, on which the sales of alcoholic beverages are not authorized. If the proposition is the result of a petition, such petition shall specify days or portions of days, if any, on which the sales of alcoholic beverages are not authorized.
If, at the Special Election or at a General Election, the proposition to authorize the sale of alcoholic beverages by the individual drink for on-premises consumption fails to be approved by the registered voters of the county, the county shall not hold another election on whether or not to approve such sales, for at least two
(2)years from the date the proposition failed to be approved.
B. Sales of alcoholic beverages on Sundays by retail spirits licensees shall be unlawful in any county of this state unless approved by a majority of the registered voters of the county voting thereon at a special election called by the board of county commissioners or a General Election. Subject to the provisions of subsection C of this section, such election shall be called by the board of county commissioners upon receipt of a petition signed by registered voters constituting not less than fifteen percent (15%) of the total votes cast in the county in the last General Election for the Office of Governor, or such election may be called by the board of county commissioners upon its own motion.
C. A proposition otherwise authorized by the provisions of subsection A or subsection B of this section shall be placed before the voters of the applicable county at an election to be held on the same date as:
1. Any regularly scheduled federal, state or county election held in that county;
2. A special election held in that county for a federal, state or county office; or
3. A special election held in that county for another county proposition or a state question. Added by Laws 2016, c. 366, § 94, eff. Oct. 1, 2018. Amended by Laws 2017, c. 340, § 1, eff. Oct. 1, 2018. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.