(a) Any person before engaging in selling any alcoholic, spirituous, vinous, or fermented liquors in any county subject to this subpart shall file with the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties a bond in the approximate sum of two times the average monthly tax estimated by such official which shall be due by the applicant. The bond filed with such official shall be in such form and amount as may be approved by such official. If a bond is filed, it shall be executed by a surety company licensed and duly authorized to do business in Alabama, shall be payable to the county subject to this subpart, and be conditioned upon the prompt filing of true reports, and the bond shall be conditioned upon the payment by the applicant to the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties of the license tax herein fixed and provided, together with all penalties thereon, and generally upon faithful compliance with this subpart. Upon the filing, and approval by the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties of such bond, the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall issue a permit to applicant to engage in such business so long as applicant may not be in default in compliance with this subpart. In lieu of filing such bond, any person engaging in the business of selling alcoholic, spirituous, vinous, or fermented liquor at retail and subject to the terms of this subpart may deposit cash or marketable securities which are authorized investments for trustees under the laws of the State of Alabama, with the county treasurer of any such county, or official performing like duties, in the amount of the bond herein required. The county treasurer or like official shall give to each such person so depositing cash or securities a receipt in triplicate therefor. One copy of such receipt shall be deposited by such person with the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties, and, when such receipt has been so deposited, it shall serve in lieu of the bond therein required so long as such cash or securities shall remain on deposit with the county treasurer or like official. It shall be unlawful and constitute a misdemeanor for any person to engage in selling any alcoholic, spirituous, vinous, or fermented liquors in any county subject to this subpart without first having filed the bond or made the deposit and secured the permit as required herein.

Terms Used In Alabama Code 45-37-243.04

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probate: Proving a will
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1

(b) In event the liability upon any such deposit or bond filed or deposited under this subpart shall be discharged or reduced, whether by judgment rendered, payment made, or otherwise, or if in the opinion of the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties any surety on the bond theretofore given which becomes unsatisfactory or unacceptable, then the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties may require the filing of a new or additional bond or the deposit of additional cash or marketable securities conditioned as hereinabove provided, and in the event of the failure of any person, within 10 days after written notice to it by the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties to file such new or additional bond or deposit, the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall revoke the permit issued to such person.

(c) If the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall decide that the amount of any existing deposit or bond filed or deposited by any person is insufficient, such official may order such person to file, within 10 days after written notice by the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties to such person, a new or additional deposit or bond in such amount as he or she may find reasonably necessary to insure payment of all amounts due or to become due the county, and if such new or additional deposit or bond is not filed within 10 days after such notice from the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties, he or she may revoke the permit already issued to such person.

(d) Any surety on any bond furnished by any person, as above provided, shall be released and discharged from any and all liability to the county accruing on such bond after the expiration of 60 days from the date upon which surety shall have filed with the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties written request to be released and discharged, provided, however, that such request shall not operate to relieve, release, or discharge such surety from any liability already accrued, or which shall accrue before the expiration of the 60-day period. The judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall promptly, upon receipt of notice of such request, notify the person who furnished such bond of the request of the surety on the bond, and unless such person shall, on or before the expiration of such 60-day period, file with the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties a new bond or deposit in the amount and form hereinabove in this section provided, the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall forthwith cancel the permit of the person.

(Acts 1965, No. 388, p. 533, §5.)