Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall, where the application is accompanied by a certificate from the clerk or proper officer setting out that the applicant has presented his application to the governing authority of the municipality, if the licensed premises is to be located therein, and has obtained its consent and approval, issue a retail liquor license which will authorize the licensee to purchase liquor and wine from the board or as authorized by the board and to purchase table wine, and beer, including draft or keg beer in any county or municipality in which the sale thereof is permitted, from any wholesaler licensee of the board and to sell at retail liquor and wine, dispensed from containers of any size, and beer, including draft or keg beer in any county or municipality in which the sale thereof is permitted, to patrons. A lounge liquor licensee may permit dancing or provide other lawful entertainment on the licensed premises. No person under 19 years of age shall be admitted on the premises of any lounge liquor licensee as a patron or employee, and it shall be unlawful for any such licensee to admit any minor to the premises as a patron or employee.
(Acts 1980, No. 80-529, p. 806, §11.)
Notes of Decisions
Arrington v. Dickerson, 915 F. Supp. 1503 (M.D. Ala. 1995).
· cites it 10× “Further, that such requirement is within the legislature’s authority to regulate traffic in liquors which power is considerably broader than the state’s power to regulate a business not dealing in alcoholic beverages and a public officer exercising a quasi judicial function in…”
Minesaha, Inc. v. Town of Webb, 236 So. 3d 890 (Ala. Civ. App. 2017).
· cites it 8× “Code 1975[,] § 28-3A-11, [ 1 ] and seeks reversal of the [town]'s denial of a *892 retail liquor license applied for by [Minesaha].”
Phillips v. City of Citronelle, 961 So. 2d 827 (Ala. Civ. App. 2007).
· cites it 4× “The legislature has vested in the ABC Board the power to issue licenses permitting the sale of alcoholic beverages; however, the legislature has limited the ABC Board's power to issue a license to permit the sale of alcohol on premises located within municipalities.”
Swint v. State Alcoholic Beverage Control Bd., 628 So. 2d 769 (Ala. Civ. App. 1993).
· cites it 6× “The record reveals that Tom Swint d/b/a Club Capri was cited to appear before the Board to answer a charge of violating Ala. Code 1975, § 28-3A-11, more specifically, permitting minors to enter the premises of a lounge retail liquor licensed establishment.”
City of Mobile v. MAD, INC., 684 So. 2d 1283 (Ala. 1996).
“Broadwater resolved a dispute between private club licensees (see § 28-3A-12) and private lounge licensees (see § 28-3A-11) as to whether the lounge licensees were entitled to sell liquor at retail for off-premises consumption; however, it was § 28-3A-3 that authorized the…”
Ensley Seafood Five Points, LLC v. City of Birmingham, 98 So. 3d 1149 (Ala. Civ. App. 2012).
· cites it 3× “Ala.Code 1975, § 28-3A-11. A municipality has the ‘broad’ discretion to approve or disapprove the issuance of liquor licenses with respect to locations within the municipality.”
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