It is hereby declared the intention and the purpose of this article to permit an election by the citizens of certain municipalities to determine the wet or dry status of such municipalities with regard to the sale, distribution, and consumption of alcoholic beverages within the corporate limits of such municipalities; and further that such election shall be provided only in those municipalities which can provide safeguards for the protection of the public welfare, health, peace, and morals of the people. In the furtherance of the protection of the public welfare, health, peace, and morals, the Legislature has determined that a population classification should be established to provide this method of municipal option election only in those municipalities with a population of 1,000 or more people within a county, it being the judgment of the Legislature that municipalities with a lesser population would be unable to support and maintain such protection where such municipality is located in a dry county, whereas a municipality of 1,000 or more population would have the resources and ability to support and maintain such safeguards.
(Acts 1984, No. 84-408, p. 955, §3; Act 2009-546, p. 1446, §1; Act 2015-2, §1.)
Notes of Decisions
Town of Cedar Bluff v. Citizens Caring for Child., 904 So. 2d 1253 (Ala. 2004).
· cites it 10× “Again, they do not specifically allege any particular injuries that they (or anybody else) will suffer; rather, they cite § 28-2A-3, Ala.Code 1975, which provides: "It is hereby declared the intention and the purpose of this article to permit an election by the citizens of…”
Bynum v. City of Oneonta, 175 So. 3d 63 (Ala. 2015).
· cites it 6× “Code 1975, which had provided that municipalities with a population of at least 4,000 residents could hold an election to allow alcohol sáles if any municipality in the same county with a -population of 7,000 or more had voted to allow such sales pursuant to former § 28-2A-3. In…”
Dennis v. Pendley, 518 So. 2d 688 (Ala. 1987).
“There, it is stated that the purpose of requiring that a municipality have a population of at least 7,000 in order to have a municipal motion election pursuant to § 28-2A-1, is that it is "the judgment of the legislature that municipalities with a lesser population would be…”
Opinion of the Justices, 825 So. 2d 109 (Ala. 2002).
· cites it 2× “” In addition, we believe that the Legislature’s statement of its intent in enacting this statute, set out in § 28-2A-3, is especially important to our consideration: “It is hereby declared the intention and the purpose of this chapter to permit an election by the citizens of…”
City of Pike Road v. City of Montgomery, 202 So. 3d 644 (Ala. 2015).
“In attempting to ascertain the legislative intent, we can turn to § 28-2A-3[,] part of the statute itself. There, it is stated that the purpose of requiring that a municipality have a population of at least 7,000 in order to have a municipal motion election pursuant to §…”
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