Alabama § 45-45A-40 - Regulation and Sale of Alcoholic Beverages.
Full text of Alabama Code of Alabama § 45-45A-40 — Regulation and Sale of Alcoholic Beverages., with citation guidance and answers to common questions.
§ 45-45A-40. Regulation and Sale of Alcoholic Beverages.
(a) Except as provided in this section, in order to provide for additional local control and regulation of the sale of alcoholic beverages in areas of the City of Madison located within Madison County, in addition to all other power and authority granted by state law, the governing body of the City of Madison is hereby authorized to regulate the days and hours of operation of establishments selling and serving alcoholic beverages, specify zones in the city in which businesses required to have retail off-premises or on-premises Alcoholic Beverage Control Board licenses may operate, issue and set fees for local business licenses for establishments selling and serving alcoholic beverages, and adopt ordinances regulating the establishments. Any authority granted herein shall not be construed to affect, modify, or amend the authority otherwise reserved to the state for the issuance and revocation of licenses for the sale of alcoholic beverages nor shall this section authorize any nightclubs, or the expansion of the days of operation of any nightclub, or any expanded days for the sale of alcoholic beverages for off-premises consumption by any licensee.
(b) The days of operation currently in effect for establishments selling and serving alcoholic beverages in the City of Madison may only be changed if the establishment derives at least 50 percent of its revenue from food or lodging, and if the ordinance is approved by a referendum of the qualified electors of the areas of the City of Madison located within Madison County to become effective.
(c) Prior to holding any referendum pursuant to subsection (b), the City of Madison shall do all of the following:
(1) Advertise any proposed ordinance changing the days of operation once a week for four consecutive weeks in the same manner as a local bill is required to be advertised under Section 106 of the Constitution of Alabama of 1901.
(2) Conduct a public hearing on the proposed ordinance.
(3) Formally adopt the proposed ordinance after a hearing is conducted.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 45-45A-40
What does Code of Alabama § 45-45A-40 cover?
Section 45-45A-40 ("Regulation and Sale of Alcoholic Beverages.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 45-45A-40?
A common citation format is "Code of Alabama § 45-45A-40" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 45-45A-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.