Code of Alabama
Ala. Code § 28-1-7 (2026)
Alcoholic Beverage Control Board Prohibited from Issuing Licenses for Sale of Intoxicating Beverages in Class IV Municipalities; Exceptions.
✓ official Alabama Legislature (ALISON) text, current July 2026
REPEALED IN THE 2020 REGULAR SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020.
(Acts 1996, 1st Ex. Sess., No. 96-52, p. 70, §§1–4.)
Notes of Decisions
Cited in 6
cases, 2000–2018 · leading case: Phillips v. City of Citronelle, 961 So. 2d 827 (Ala. Civ. App. 2007).
Phillips v. City of Citronelle, 961 So. 2d 827 (Ala. Civ. App. 2007). “Under § 11-40-12(a), then, the City is a class 8 municipality; thus, neither § 28-1-6 nor § 28-1-7, a similar statute applying to certain class 4 municipalities, provided a mechanism under which the circuit court could have conducted a de novo review of the City's decision to…”
State Abc Bd. v. Shabani, 819 So. 2d 46 (Ala. Civ. App. 2000). “Although the legislature, in 1995, adopted § 28-1-7, which applies to Class 4 municipalities, Gadsden is a Class 5 municipality and is not subject to § 28-1-7.”
Minesaha, Inc. v. Town of Webb, 236 So. 3d 890 (Ala. Civ. App. 2017). “Code 1975, the town is a class 8 municipality to which neither § 28-1-6 nor § 28-1-7 applies, and the only manner by which the circuit court could have reviewed the town's decision regarding Minesaha's liquor-license application was upon a petition for the common-law writ of…”
Biggs v. City of Birmingham, 91 So. 3d 708 (Ala. Civ. App. 2012). “uses the 1970 federal census as its reference point — so as to move into or out of the scope of § 28-1-6 and § 28-1-7, those cases appear to be in error”).”
Embu, Inc. v. Tallapoosa Cnty. Comm'n, 263 So. 3d 731 (Ala. Civ. App. 2018). “and § 28-1-7(b), Ala. Code 1975, provide for circumstances in which the ABC Board can issue a license after approval has been denied by the governing bodies of class 1, class 2, and class 4 municipalities, respectively, and reflect similar reasoning to that set out here.”
Embu, Inc. v. Tallapoosa Cnty. Comm'n, 263 So. 3d 731 (Ala. Civ. App. 2018). “and § 28-1-7(b), Ala. Code 1975, provide for circumstances in which the ABC Board can issue a license after approval has been denied by the governing bodies of class 1, class 2, and class 4 municipalities, respectively, and reflect similar reasoning to that set out here.”
Ala. Code § 28-1-7(b): 2 cases
Embu, Inc. v. Tallapoosa Cnty. Comm'n, 263 So. 3d 731 (Ala. Civ. App. 2018). “and § 28-1-7(b), Ala. Code 1975, provide for circumstances in which the ABC Board can issue a license after approval has been denied by the governing bodies of class 1, class 2, and class 4 municipalities, respectively, and reflect similar reasoning to that set out here.”
Embu, Inc. v. Tallapoosa Cnty. Comm'n, 263 So. 3d 731 (Ala. Civ. App. 2018). “and § 28-1-7(b), Ala. Code 1975, provide for circumstances in which the ABC Board can issue a license after approval has been denied by the governing bodies of class 1, class 2, and class 4 municipalities, respectively, and reflect similar reasoning to that set out here.”
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