[Ord. No. 1440-15, 9-24-2015]
In those instances where the consent and approval of the City Council is required for an alcoholic beverage license, other than where specified by statute, the application provisions of this chapter shall apply except as set out in this chapter.
[Ord. No. 1440-15, 9-24-2015; Ord. No. 2040-26, 6-2-2026]
(a) 
It shall be unlawful for any person to possess any alcoholic beverages within the City for the purpose of sale, or to sell, or keep for sale, or offer for sale, any alcoholic beverages, without having first procured from the City a privilege license and from the Board a liquor license. Licenses issued under this chapter may not be assigned or transferred. The City is authorized to allow the address for the privileged licensed premises to be changed from one place to another within the City, as the City may determine appropriate, but shall not allow the transaction of business at a place for which the license could not originally have been lawfully issued.
(b) 
In the event of a change of ownership of a licensed establishment, the current licensee shall be required to file a written statement with the City Clerk indicating this occurrence prior to either completing the sale of the licensed business or relinquishing management or financial control of the business operation, whichever first occurs. The person to whom the licensed establishment is to be sold must file with the City a complete application for a City license within 20 days of notification to the City of the intent to sell, transfer, or assign the establishment. Upon request of the City Clerk, any applicant may be requested to produce records of the business or the transaction surrounding the sale of the business to determine the parties involved or the effective date of the transaction. These records include, but are not limited to, lease agreements, land sale agreements, bank statements, stock transfers, minutes of corporate board meetings, and/or purchase invoices. Any failure to produce the requested records, or a determination by the City that the transaction is not in compliance with the requirements specified here, will result in an immediate forfeiture of the City license upon notification of this determination and an opportunity for a public hearing by the City Council.
(c) 
Licenses issued by the City shall be deemed to expire, terminate, or otherwise be void when there is a substantial change in ownership in a licensed establishment, or when a licensed establishment is leased, rented, or abandoned, or when possession is otherwise surrendered to another party or parties. An applicant for a new license at a currently licensed establishment may be allowed to operate the establishment for a period not to exceed 30 days if the applicant is in compliance with Subsection (b) of this section. In this case, the original licensee shall continue to be responsible for the conduct, operation and City tax liabilities of the establishment until such time as a license is issued by the City in the new licensee's name.
(d) 
Upon the death of an individual licensee, sale of the licensed establishment, or temporary closing of the licensed establishment for a period in excess of 30 days, the City license to sell alcoholic beverages shall be immediately returned to the City Clerk, to be held pending the reopening of the business. In the event the temporary closing is due to any renovation, remodeling, or repair to the licensed premises, the licensee shall provide written evidence of compliance with applicable building, fire, and health codes to the City Clerk, prior to the release of the license.
(e) 
For the purposes of this section, and to assist in defining a substantial change in ownership, the sale or transfer of 20% or more of a corporation's or legal entity's stock shall constitute a substantial change in ownership of the licensee.
(f) 
The City shall have the right to revoke any privilege license issued by the City for any violation of this chapter or the Board rules and regulations, after notice and opportunity for a hearing before the City Council.
(g) 
Every privilege license issued by the City to conduct normal and routine business and license issued by the Board shall be conspicuously and constantly exposed under a transparent substance in an area visible to the general public on the licensed premises.
[Ord. No. 1440-15, 9-24-2015; Ord. No. 2040-26, 6-2-2026]
Each applicant seeking the consent and approval of the City Council for a restaurant on-premises beer, table wine or retail liquor license or other license issued by the Board shall make application to the City Council as required in this chapter. The application shall be upon a form supplied by the City Clerk and shall be signed and verified by oath or affirmation by the licensee, if a natural person, or in the case of a partnership, association or unincorporated enterprise, limited liability company or its partners, managing member, or in the case of a corporation, by an officer. The applicant shall deposit with the City Clerk the required application fee that includes the amount of publication costs to be incurred hereunder upon filing the application. A fingerprint-based background check is required for all applicants from the Alabama Law Enforcement Agency. The City Clerk shall determine if a background check is needed from any other state or federal agencies based on the residency of the applicant.
[Ord. No. 1440-15, 9-24-2015; Ord. No. 2040-26, 6-2-2026]
(a) 
The application shall be submitted to the City Clerk.
(b) 
In the event of approval by the City Council, the City Clerk shall be responsible for ensuring that written approvals of the Police Department, Building Department, Fire Department and County Health Department and City Clerk are included as a part of the application indicating the satisfactory compliance with the applicable requirements for each respective department.
(c) 
Subsequent to the City Council approval and the applicant's compliance with Subsection (b) of this section, the City Clerk is authorized to indicate, and communicate in writing, the City's approval for the issuance of a license for the applicant to the Board. The method for the communication of this approval by the City shall be determined based on the most current mechanism indicated as acceptable by the Board's field office supervisor responsible for Marshall County.
[Ord. No. 1440-15, 9-24-2015]
(a) 
Upon receipt of an application, together with the results of the investigation and recommendations made, the City Clerk shall cause notice to be published (with the exception of applicants for special event retail licenses for less than seven days) one time in a newspaper of general circulation published in the City, stating that the application will be considered at the next regular meeting of the City Council, which notice must be published at least six days in advance of the next regular meeting of the City Council, and further stating the time and place that it is to be considered and that at such time and place all interested persons may appear at the meeting and be heard for or against the application. This publication shall be at the applicant's expense.
(b) 
In addition to the published notice required, the applicant shall post on the premises where the business or sale is to be conducted, continuously for a period of not less than seven days prior to the consideration of the application by the City Council, a posted notice of the pending application and public hearing concerning the granting in the manner and form to be supplied by the City Clerk when application is first made to the City Clerk for the license. The notice shall be conspicuously displayed on the front of the building so as to be clearly visible from the street or adjacent sidewalk.
(c) 
The applicant shall take such steps as may be necessary to meet all requirements of all applicable ordinances, regulations and applicable statutes. When the application for a license is first made the fact of the application shall be communicated to the City Council and a day for hearing shall then be set and supplied to the applicant for insertion in the newspaper and for listing in the posted notice.
(d) 
The City Council will not consider any application in which the applicant has failed to comply with these requirements.
[Ord. No. 1440-15, 9-24-2015]
In rendering a decision on each application for a license under this chapter, the City Council shall consider, among others, the following factors:
(a) 
The effects upon residents, real property owners and businesses within 500 feet of the property for which a license is sought.
(b) 
The character and reputation of the applicant, each partner, member, officer, member of board of directors, landlord, bartender and manager.
(c) 
The criminal court records of the applicant, each partner member, officer, and member of the board of directors, landlord, bartender and manager.
(d) 
The compliance by the applicant, each partner, member, officer, member of the board of directors, landlord and manager with the laws of the state and ordinances for the City.
(e) 
The recommendation of the Alcohol License Review Committee. Any recommendation must be based upon the protection of the health, safety, and public welfare of the community.
[Ord. No. 1440-15, 9-24-2015]
The filing fee to cover the costs of processing and investigating each application filed with the City for a City license of any kind or class shall be $300. The City Clerk shall not accept any application for any license not accompanied by the payment to the City along with payment of the publication costs. The City shall retain the filing fee to cover the expenses of processing and investigating the application, whether or not the application results in approval or denial. The filing fee for special events license applications shall be $50 for nonprofit organizations and $150 for all others.
[Ord. No. 1440-15, 9-24-2015; Ord. No. 1837-22, 12-5-2022; Ord. No. 2040-26, 6-2-2026]
(a) 
Each person licensed by the Board who shall engage in the alcoholic beverage, liquor, beer or wine business within the City prior to engaging in the business shall pay to the City an annual privilege business license fee and further license fees as established below:
(1) 
Beer wholesaler license. Each person licensed as a beer wholesaler under § 28-3A-1 et seq. of the Code of Alabama, 1975, shall pay to the City an annual license fee of $275. In addition, each licensee shall remit to the City Clerk on forms provided by the Clerk each month the privilege or excise tax levied on the sale of beer by the Uniform Beer Tax Act, Acts 1982, No. 82-344.[1] Wholesale beer dealers and distributors shall not sell to any retail outlet that does not have a current City license.
[1]
Editor's Note: See Alabama Code 1975 § 28-3-190 et seq.
(2) 
Wine wholesaler license. Each person licensed by the Board as a wine wholesaler under § 28-3A-1 et seq. of the Code of Alabama, 1975, shall pay to the City an annual license fee of $275. In addition, each licensee shall remit to the City Clerk on forms provided by the Clerk each month the privilege or excise tax levied on the sales of table wine by the Alabama Table Wine Act, Acts 1980, No. 80-382.[2] Wholesale wine dealers shall not sell to any retail outlet not licensed by the City.
[2]
Editor's Note: See Alabama Code 1975 § 28-7-1 et seq.
(3) 
Beer and wine wholesale license. Each person licensed as a beer and wine wholesaler under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City an annual license fee of $375. In addition, each licensee will remit to the City Clerk on forms provided by the City Clerk each month the privilege or excise tax levied on the sales of beer by the Uniform Beer Tax Act, Acts 1982, No. 82-344. Further, each licensee will remit to the City Clerk on forms provided by the City Clerk each month the privilege or excise tax levied on the sales of table wine by the Alabama Table Wine Act. Wholesale beer and wine dealers shall not sell to any retail outlet not licensed by the City.
(4) 
Warehouse license. Each person licensed by the Board to receive, store or warehouse alcoholic beverages within the state for shipment inside and outside the state shall pay to the City an annual license fee of $500.
(5) 
Country club/golf course license. Each club or course licensed by the Board to sell alcoholic beverages in connection with the operation of a country club, with a minimum nine-hole course, public or private, which may also sell food and alcoholic beverages on the golf course with no minimum meal per day requirement shall pay to the City an annual license fee of $1,000. Every licensee authorized to sell liquor shall pay an additional license tax of 10% of gross receipts on the sale of liquor for either on-premises or off-premises consumption which privilege or license tax is expressly levied. The payment shall be made on the 15th day of the calendar month next succeeding the calendar month for the gross sales made by the licensee during the preceding calendar month.
(6) 
Hotel retail liquor license. Each person licensed by the Board to operate a hotel retail lounge under § 28-3A-1 et seq. of the Code of Alabama, 1975, shall pay to the City an annual license fee of $2,000. In addition to the stated license fee, each person shall pay to the City, on or before the 15th day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of 10% of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month.
(7) 
Restaurant retail table wine, beer and liquor license. Each person licensed by the Board to sell alcoholic beverages in connection with the operation of a restaurant under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City an annual privilege license fee of $1,500. In addition to the stated license fee, each person shall pay to the City, on or before the 15th day of the calendar month next succeeding each separate subject month, for the privilege of engaging in the business in the subject month, an additional license tax of 10% of the monthly gross receipts of business derived from sales.
(8) 
Retail beer and table wine license for off-premises consumption. Each person licensed by the Board to sell beer and/or table wine for off-premises consumption under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City an annual license fee of $75 separately each for beer and wine for a total of $150 for the sale of both.
(9) 
Retail beer and table wine license for on-premises consumption. Each person licensed by the Board to sell beer and/or table wine at retail for on-premises and off-premises consumption under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City an annual license fee of $75 each for beer and wine licensee, unless the person shall have paid for an on-premises liquor license.
(10) 
Retail beer, table wine and liquor license for off-premises consumption. Each person licensed by the Board to sell liquor, table wine and beer at retail for off-premises consumption under this chapter shall pay to the City an annual license fee of $1,500. Every licensee authorized to sell liquor shall pay an additional license tax of 10% of the purchase price of the liquor for either on-premises or off-premises consumption which privilege or license tax is expressly levied. The payment shall be made on the 15th day of the calendar month next succeeding the calendar month for the gross sales made by the licensee during the preceding calendar month.
(11) 
Special events retail license for on-premises consumption. Each person who has obtained a special events retail beer and table wine license from the Board under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City a privilege or license tax of $50 per day if the special event is conducted by a nonprofit organization, and $150 per day if the special event is conducted by a for-profit organization. No license shall be issued for a period in excess of seven days. Only alcoholic beverages that are authorized by the Board may be sold. All applications for special event licenses shall be filed with the City Clerk at least 30 days in advance of the event for which a license is sought. Further, each person shall pay to the City, on or before the 15th day of the calendar month next succeeding each separate subject month, for the privilege of engaging in such business in the subject month, an additional license tax of 10% of the monthly gross receipts derived from the sale of all alcoholic beverages, except beer and table wine, received during the immediate next preceding calendar month. The following shall apply for a special event retail liquor license:
a. 
Submit the required filing fee.
b. 
Receive affirmative recommendation to the City Council by the City Alcohol Review Committee.
c. 
Receive approval from the City Council.
d. 
Pay the required license fee.
e. 
Only four special event licenses are allowed in any one calendar year.
f. 
A licensee is required to purchase the alcoholic beverages from a wholesale licensee of the Board.
(12) 
Vineyard-manufacturer license. Each person who has obtained a manufacturer license from the Board under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City an annual license fee of $350.
(13) 
Importer license. Each person who has obtained an importer license from the Board under § 28-3A-1 et seq., Code of Alabama, 1975, shall pay to the City an annual license fee of $350.
(14) 
Special retail license for on-premises consumption. Each person licensed by the Board to sell at a park, airport authority, civic center, venue, theater or any other valid responsible organization of good reputation, upon such terms and conditions as the Board shall prescribe to sell liquor, table wine and beer at retail for on-premises consumption, shall pay to the City an annual license fee of $1,500. Every licensee authorized to sell liquor shall pay an additional license tax of 10% of the purchase price of the liquor on either on-premises or off-premises consumption which privilege or license tax is expressly levied. The payment shall be made on the 15th day of the calendar month next succeeding the calendar month for the gross sales made by the licensee during the preceding calendar month.
(b) 
The term "gross receipts," as used in Subsection (a) above, shall not include any so-called "additional license tax" levied by the City under the provisions of this section that is based solely on gross sales and that is directly passed on by the licensee/seller to the consumer/purchaser.
(c) 
The stated annual license fee levied by the above schedule shall be due January 1 of each year and shall be delinquent after January 31 of the year for which the license is due. A penalty of 10% of the license amount shall be collected during February to March; 20% during April to June; 30% during July to September; and 40% October to December. In addition, the person shall pay a $200 citation fee. There shall be no prorating of any license fee because of having operated only a part of a calendar year, except as required under state law, nor shall any rebate be allowed upon revocation, suspension, abandonment or surrender of the license before its expiration. All additional license taxes levied by the schedule shall be due the 15th day of the calendar month specified in each levy and shall be delinquent if not reported and paid by this date.
(d) 
Every person subject to this article may take a discount in an amount equal to 2% of all taxes paid to the City under the provisions of this article, provided the reports are made and the taxes paid before they become delinquent. If the reports are not filed within the time here provided and the taxes not paid on the dates here provided, the person shall pay to the City the full amount of tax together with interest at the rate of 3% per month, or fraction thereof, from the date the payment of the tax became delinquent, a penalty of 15% of the amount of the tax, and a citation fee of $1.50. This interest, penalty, and citation fee must be paid by the person.
[Ord. No. 1440-15, 9-24-2015]
The person liable for any license tax or other tax imposed by this chapter shall file with the City Clerk on or before the final date on which the tax may be paid without a penalty. This report or reports in such form as the City Clerk may prescribe must evidence the amount of business done and the amount of license tax or other tax due, together with full payment for any tax liability. Any failure to comply with this section is unlawful.
[Ord. No. 1440-15, 9-24-2015]
Sections 28-10-1 through 28-10-8, Code of Alabama, 1975, are adopted by reference and made a part of this chapter as if fully set forth here. Each business requesting to sell alcoholic beverages within the City must obtain business certification through the Alabama Responsible Vendor Program within 30 days of license approval by the Board. Upon a business becoming de-certified from the Alabama Responsible Vendor Program, the City privilege license shall be suspended or revoked for a time no more than one year.
[Ord. No. 1440-15, 9-24-2015]
There shall be no electric signs, painted signs or signs of any kind displayed outside any place of business advertising alcoholic beverages, and there shall be no advertising of alcoholic beverages except through newspapers, magazines, radio broadcasting stations, commercial vehicles used for transportation of alcoholic beverages and billboards.