(a) The voters of the Town of Lexington may authorize the sale of alcoholic beverages and draft beer for on-premises and off-premises consumption within the town each day of the week except Sunday by an election pursuant to this section, in the following manner:

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Terms Used In Alabama Code 45-39A-25

  • following: means next after. See Alabama Code 1-1-1
  • 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
(1) The governing body of the town, by resolution, shall call an election to determine the sentiment of the voters of the town residing within the corporate limits, as to whether or not it may determine whether alcoholic beverages and draft beer can be legally sold or distributed each day of the week except on Sunday for on-premises and off-premises consumption within the town.
(2) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages and draft beer for on-premises and off-premises consumption within the corporate limits of the Town of Lexington each day of the week except Sunday? Yes ____ No ____.”
(3) The first election shall be held at the next municipal election and any subsequent elections shall be held and the officers appointed to hold the election in the manner provided by law for holding other municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal elections.
(4) Notice of the election shall be given by the governing body of the town by publication or by posting the notice at the town or city hall apprising the voters of the town, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages and draft beer may be sold each day of the week except on Sunday in the town. The cost of the election shall be paid out of the general fund of the town.
(5) Only the qualified voters of the town may vote in the election. If a majority of the voters voting in the municipal election vote “Yes,” alcoholic beverages and draft beer may be legally sold or dispensed within the corporate limits of the town for on-premises and off-premises consumption each day of the week except Sunday by licensees of the Alcoholic Beverage Control Board and the Town of Lexington serving the general public in accordance with applicable laws and regulations. The town may enact, by ordinance, such policies it deems appropriate to regulate any aspect of the sale of alcoholic beverages and draft beer may be sold each day of the week except on Sunday.
(6) If a majority of the voters voting in the municipal election vote “No,” alcoholic beverages and draft beer may not be sold or dispensed in the town, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages and draft beer.
(7) A period of not less than 360 days shall elapse between the dates of elections pursuant to this section.
(b) The provisions of this section are cumulative and supplemental to the present power and authority of the Town of Lexington and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the Town of Lexington now permitted under the general laws of the state, or under any local or special act of the Legislature.
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