Ala. Const. § 48-1.00 (Marshall County)

(a) Effective on December 1, 2024, based on the favorable vote to ratify this section, Marshall County shall be a wet county as otherwise provided by the laws of this state in Title 28, Code of Alabama 1975, relating to alcoholic beverages.(b)(1) For the purposes of this section, the term “unincorporated area of the county” means any area of the county outside of the corporate limits of an operating municipality with an elected mayor and municipal council.(2)a. The Marshall County Commission, by resolution of the county commission, may regulate the sale of alcoholic beverages in the unincorporated area of the county and may require each individual or entity selling alcoholic beverages in the unincorporated area of the county to have a separate business license to sell alcoholic beverages. The county commission may set additional requirements for an individual or entity to sell alcoholic beverages for on-premises consumption in addition to the requirements of the Alcoholic Beverage Control Board.b. After the implementation of the license required by this section, no individual or entity may sell alcoholic beverages in the unincorporated area of the county without a valid county business license. The fees for the issuance of the business license shall be set by the county commission for an annual license. The fee for a business license may vary based on the type of license issued by the Alcoholic Beverage Control Board.c. The requirements for a business license for on-premises consumption pursuant to this section may include the following:1. Inspections relating to fire safety as determined necessary by the State Fire Marshal and compliance with any requirements of the inspection, including maximum occupancy of the premises.2. Compliance with all requirements and inspections of the Marshall County Health Department relating to food and beverage service and septic or sewer service.d. Any violations of the requirements of this section may result in the denial of a license or the revocation of the license. The county commission may enforce this section by appropriate injunctive relief in the Circuit Court of Marshall County.(3) In addition to any taxes authorized by law, the Marshall County Commission may levy additional sales and use taxes, at a rate not to exceed any sales and use taxes levied by any municipality in the county, on the sale of alcoholic beverages in the unincorporated areas of the county. The proceeds from the taxes shall be deposited in the county general fund. Fifty percent of the proceeds shall be further distributed to the Marshall County Board of Education.(c) This section shall be self-executing, but the Legislature by local law may enact additional provisions to implement and regulate the sale of alcoholic beverages in the unincorporated area of the county, including providing for misdemeanor criminal penalties for violations of any local law or any regulation of the county commission.