Legal Notice
ORDINANCE #2026-01
AN ORDINANCE AMENDING THE ALCOHOL
BEVERAGE
ORDINANCE #2010-04,
ADOPTED ON AUGUST 16, 2010 FOR THE CITY OF HALEYVILLE, ALABAMA.
SECTION 1.
REPEAL OF
MINIMUM
DISTANCE
REQUIREMENTS.
All provisions of Ordinance No. 2010-04 requiring a minimum distance between any establishment licensed for the sale of alcoholic beverages and any church, school (public or private), or child development/daycare facility are hereby repealed in their entirety.
No minimum distance requirement shall apply to any properly licensed establishment within the corporate limits of the City, provided such establishment complies with all applicable State laws and zoning regulations.
All conflicting language in Ordinance No. 2010-04 relating to 100-foot, 200-foot, 300-foot, or 500-foot separation requirements is hereby deleted.
SECTION 2. FOOD-TO-
ALCOHOL
SALES RATIO.
Any provision in Ordinance No. 2010-04 establishing a minimum percentage of food sales greater than State requirements is hereby amended.
All Class I and Class II restaurant licensees within the City shall comply with the State of Alabama requirement that:
A minimum of fifty-one percent (51%) of gross sales shall be derived from the sale of food; and
Alcoholic beverage sales shall not exceed forty-nine percent (49%) of gross sales.
All recordkeeping and compliance requirements shall be governed by applicable State law and ABC Board regulations.
Any prior City requirement imposing a sixty percent (60%) food sales threshold or other differing percentage is hereby repealed.
SECTION 3. HOURS OF SALE.
Section 9 of Ordinance No. 2010-04 (Authorized Hours) is hereby amended to read as follows:
Alcoholic beverages may be sold for on-premise consumption only during the hours permitted by State law, subject to the following local limitations:
Last call for alcoholic beverage service shall occur at 10:30 p.m.; and
All sales and service of alcoholic beverages shall cease no later than 11:00 p.m.
No alcoholic beverage may be sold, served, dispensed, or consumed on licensed premises after 11:00 p.m.
All other provisions of Section 9 not inconsistent herewith shall remain in full force and effect.
Section 4.
SEVERABILITY.
The provisions of this Ordinance are severable so that if any provision hereof is declared unconstitutional, void, or invalid by a court of competent jurisdiction, all other provisions hereof shall not be affected by such declaration and shall remain in fill force and effect as though the unconstitutional, void or invalid provision had not been included in the Ordinance as originally adopted.
SECTION 5. CONFLICTS WITH STATE STATUES.
This Ordinance shall be deemed cumulative with and supplemental to any and all statutes of the State of Alabama regarding the subject matter hereof and to be subordinate to same and in no manner intended to supersede any such statues of the State of Alabama except to the extent that the State of Alabama has authorized the municipality, in exercise of its police powers and/or powers to regulate the zoning laws of the City to determine and regulate the matters contained herein. Any provision hereof in conflict with any provision of any State statute shall be construed so as to be in harmony with the same where possible and otherwise to be subordinate to and superseded by the provisions of such State statute to the extent required by law.
SECTION 6.
EFFECTIVE DATE.
This Ordinance shall be effective immediately upon its publication and certification by the City Clerk-Treasurer.
SECTION 7.
REPEALER.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA, that Ordinance #2026-01 is hereby amended as stated above.
Adopted and approved this 17th day of February 2026.
Attest:
Christy Harbin
Acting City Clerk
Approved:
Ray Boshell
Mayor
AO_Feb 25
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