§ 45-59-20 — Regulation of Sale of Alcoholic Beverages on Sunday

(a)(1) The voters of any municipality within St. Clair County may authorize the sale of alcoholic beverages within the municipality on Sunday by an election pursuant to this section, in the following manner: The governing body of the municipality, by resolution, may call an election for the municipality to determine the sentiment of the voters of the municipality residing within the corporate limits, as to whether alcoholic beverages may be legally sold or distributed on Sunday within the municipality.
(2)
On the ballot to be used for the election, the question shall be in the following form: ‘‘Do you favor the legal sale and distribution of alcoholic beverages within this municipality on Sundays as further provided for and regulated by ordinance of the municipal governing body? Yes
No
.’’
(3)
The first 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. Any Sunday sales election shall be held as provided in this section as a special election or any subsequent municipal election not less than 30 days following the date of the resolution
(4)
Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the town or city hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the municipality on Sunday. The cost of the election shall be paid out of the general fund of the municipality.
(5)
Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote ‘‘Yes,’’ alcoholic beverages may be legally sold or dispensed within the corporate limits of the municipality on Sunday by licensees of the Alcoholic Beverage Control Board and the municipality serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by ordinance of the municipal governing body. The municipality may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales within the municipality.
(6)
If a majority of the voters voting in the municipal election vote ‘‘No,’’ alcoholic beverages may not be sold or dispensed in the municipality on Sunday after the hour of 2:00 A.M., except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this subsection.
(b)(1) The voters in the unincorporated area of the county may authorize the sale of alcoholic beverages within the unincorporated area of the county on Sunday by an election pursuant to this section, in the following manner: The county commission, by resolution, may call an election to determine the sentiment of the voters residing outside the corporate limits of any municipalities within the county, as to whether alcoholic beverages may be legally sold or distributed on Sunday in the unincorporated area of the county as further provided for and regulated by ordinance of the county commission.
(2)
On the ballot to be used for the election, the question shall be in the following form: ‘‘Do you favor the legal sale and distribution of alcoholic beverages outside the corporate limits of any municipalities within the county on Sunday as further provided for and regulated by ordinance of the county commission? Yes
No
.’’
(3)
The first 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 county elections, and the returns thereof tabulated and results certified as provided by law for county elections. Any Sunday sales election shall be held as provided in this section as a special election or at any subsequent countywide election not less than 30 days following the date of the resolution.
(4)
Notice of the election shall be given by the judge of probate by publication or by posting the notice at the courthouse apprising the voters of the unincorporated area of the county, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the unincorporated area of the county on Sunday. The cost of the election shall be paid out of the general fund of the county.
(5) Only qualified voters of the unincorporated area of the county may vote in the election. If a majority of the voters voting in the election vote ‘‘Yes,’’ alcoholic beverages can be legally sold or dispensed outside the corporate limits of any municipalities in the county on Sunday by licensees of the Alcoholic Beverage Control Board and the county serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by the county commission. The county commission may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales in the unincorporated area of the county.
(6) If a majority of the voters voting in the election vote ‘‘No,’’ alcoholic beverages may not be sold or dispensed in the unincorporated area of the county on Sunday after the hour of 2:00 A.M., except as otherwise author-ized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this section.
(c) The provisions of this section are cumulative and supplemental to the present power and authority of any municipality or the county and are not intended to, nor shall they be interpreted so as to, repeal any existing power or authority of any municipality or the county now permitted under the general laws of the state, or under any local or special act of the Legislature.
(d) Notwithstanding any other provisions of law or of this section, in any territory located in a municipality which is partially located in St. Clair County and which municipality is principally located in an adjoining county, the sale of alcoholic beverages in the part of the municipality located in St. Clair County shall be authorized or permitted only to the same extent as authorized or permitted in the part of the municipality principally located in the adjoining county.

Legislative History

(Act 2015–45, p. 160, §§ 2–5.)