Marion Ordinance Chapter 4

Chapter 4
ALCOHOLIC BEVERAGES*
Sec. 4-1. Definitions.
For purposes of this chapter, the definitions of malt or
brewed beverages, wine or liquor, or alcoholic or intoxicating
beverages, shall be the same as they are defined in Code of
Alabama, title 29. The term “licensee” shall refer to any
person who holds a license to sell alcoholic beverages.
Sec. 4-2. Construction of chapter.
No provisions Of this chapter shall be construed so as to
tax interstate commerce or any business of the United
States government, or any branch thereof.
Sec. 4…3. Purchase, consumption, etc., by minors
prohibited; exception.
It shall be unlawful for a minor to attempt to purchase,
consume, possess or to transport any alcohol, liquor or malt
or brewed beverages. within the state. Anything contained
herein to the contrary notwithstanding, it shall not be
unlawful for a .minor employee of an alcoholic beverage
control board off-premise licensee to handle, transport, or
sell any malt or brewed beverage if such minor is acting
within the line and scope of his employment while so
acting.
State law reference-Similar provisions, Code of Ala., Tit. 14, § 17(1).
Sec. 4-4. Employment of minors.
It shall be unlawful for any person to hire, employ or
allow any minor to serve, handle or dispense liquor, wine or
beer a t any place .within the city except as provided in
section 4-3.
*Cross reference-Licenses generally, ch. 13.
State law references-Intoxicating liquors generally, Code of Ala., Tit.
29; Alcoholic Beverage Control Law, Tit. 29, §§ 1-78.
189
§ 4-5 MARION CODE
Sec. 4-5. Selling, giving, or serving liquor to minors
prohibited.
It shall be unlawful for any person to sell, give, or serve
liquor to any minor.· .. .
State law reference-Similar provisions, Code of Ala , TIt. 29, §§ 8 and
36(2).
Sec. 4-6. False representations of age by minors or
others prohibited.
(a) It shall be unlawful for any minor person, directly or
indirectly, to falsely represent that he is not a minor or is
not under the age of majority and by· means of such false
representation buys, receives, or otherwise obtains, or
attempt to buy, receive, or’ otherwise obtain any malt or
brewed beverages, any wine or liquor, or any alcoholic or
intoxicating beverages.
(b) It shall. be unlawful for any·· person, directly or
indirectly, to falsely represent or attempt to falsely represent
that a minor person is not a minor or is not under the age of
majority and by means of such false representation aid or
abet, or attempt to aid or abet, such minor person to buy,
receive or otherwise obtain, or aid or abet such minor person
to buy, receive or otherwise obtain, any malt or brewed
beverage, any wine or liquor, or any alcoholic or intoxicating
beverages.
(c) It shall be considered a false representation under the
provisions of this section that a person is not a minor or is
not under thle age of majority if the purchaser fails to
disclose that the” person making the purchase, obtaining, or
securing such malt or brewed beverages, or such wines or
liquors, or such alcoholic or intoxicating beverages, is a
minor person or has not reached the age of majority.
Sec. 4-7. Selling, giving, or serving liquor r to intoxicated persons or. drunkards prohibited.
It shall be unlawful for any person to sell, give, or serve
liquor to any intoxicated person or to habitual drunkards.
State law reference – Similar provisions, Code of Ala., Tit. 29, §§ 8 and
36(2).
190
/~.
ALCOHOUC BEVERAGES § 4-11
Sec. 4-8. Record keeping by licensees required; denial
of access prohibited.
It shall be unlawful for any licensee under this chapter to
fail to keep for a period of at least two (2) years complete
and truthful records covering his operation under his
license, and particularly showing:
(1) The date of all sales or purchases of malt or brewed
beverages;
(2) The actual price paid therefor; and
(3) The name of the vendor and the vendee.
It shall be unlawful for any person to refuse a duly
constituted officer of the city access to such records or the
opportunity to make copies of the same when the request is
made during business hours.
Sec. 4-9. Refusing to allow inspection of licensed
premises prohibited.
It shall be unlawful for any licensee selling any alcoholic
beverages to refuse the duly authorized officer or employee
of the city the right to completely inspect the entire licensed
premises at any time during which the premises are open
for the transaction of business.
Sec. 4-10. Sale by licensee to persons in business of
illegally selling prohibited.
It shall be unlawful for any licensee for the sale of any
alcoholic beverages to sell any malt or brewed beverages to
any person engaged in the business of illegally selling
liquor, vinous and/or malt or brewed beverages.
State law reference-Similar provisions, Code of Ala., Tit. 29, § 36(8).
Sec. 4-11. Employment of’ one licensee by another
prohibited.
It shall be unlawful for any licensee for the sale of any
alcoholic beverages to be directly or indirectly employed by
any other such licensee.
State law reference-Similar provisions, Code of Ala., Tit. 29, § 36(7).
191
§ 4-12 MARION CODE
Sec. 4-12. Selling or having in possession for sale
“without license prohibited.
It shall be unlawful for any person who has not· been
licensed so to do under the appropriate provisions of title 29
of the Code of Alabama and any applicable ordinance of the
city, to sell, offer for sale, or have in possession for sale, any
liquor or malt or brewed beverages as those terms are
defined in section 1, title 29 of the Code of Alabama.
State law ref4erence-Similar provisions, Code of Ala., Tit.. 29, § 36(10).
Sec. 4-13. Sales in other than licensed places prohibited.
It shall be unlawful for any person to sell or offer to sell to
a consumer or to serve or dispense for reward to a consumer
or to have in possession or custody for any such purpose,
any liquor 0-1′ wine, malt or brewed beverage at any place in
the city other than in a licensed place or a state liquor store,
with regard to liquor or wine..
Sec. 4-14. Sale of malt or brewed beverages by
,”wholesalers to unlicensed retailers prohibited.
It shall be unlawful for any wholesaler, distributor and/or
jobber to sell or otherwise distribute or. deliver malt or
brewed beverages for which a license is required to an
individual 01′ to any person not holding a license as a
retailer.
Stare law reference-Purchases by unlicensed retailers from
wholesalers prohibited, Code of Ala., Tit. 29, § 33.
Sec. 4-15. Sales of malt or brewed beverages by
“wholesalers or distributors in other than
original containers prohibited.
It shall be unlawful for any wholesaler, distributor and/or
jobber to purchase, receive~ or resell any malt or brewed
beverages in the city or the police jurisdiction thereof except
in the original containers as prepared for market by the
manufacturer”
State law reference-Similar provisions, Code of Ala., Tit. 29, § 33.
192
ALCOHOLIC BEVERAGES § 4-19
Sec. 4-16. Purchase or receipt of malt’ or brewed
beverages by retailer, in other than original
containers prohibited; breaking bulk
permitted on premises after receipt.
It shall be unlawful for any retailer of malt or brewed
beverages to purchase or receive any malt or brewed
beverages except in the original containers as prepared for
market by the manufacturer. After such malt or brewed
beverages have been received by the retailers in such
original packages, the retailer may thereafter break the bulk
upon his licensed premises.
State law reference-Similar provisions, Code of Ala., Tit. 29, § 33.
Sec. 4-17. Consumption of malt or brewed beverages
on premises of wholesalers or distributors
prohibited.
It shall be unlawful for any person to consume malt or
brewed beverages sold by a wholesaler, distributor and/or
jobber on the premises of such wholesaler, distributor
and/or jobber.
State law reference-Similar provisions, Code of Ala., Tit. 29, § 34.
Sec. 4-18. Purchase by retailer from other than
licensed wholesaler prohibited.
It shall be unlawful for any licensed retailer of malt or
brewed beverages to purchase or receive any malt or brewed
beverages except from a licensed wholesaler1 , distributor
and/or jobber.
State law reference-Similar provisions, Code of Ala., Tit. 29, § 34.
Sec. 4-19. Sales of malt or brewed beverages on
Sunday prohibited.
It shall be unlawful for any wholesaler, distributor and/or
jobber, or the servants, agents or employees of the same, to
sell, trade or barter malt or brewed beverages between the
hours of 12:00 p.m. on Saturday and, 8:00 a.m. of the
following Monday.
State law reference-Sunday closings required, Code of Ala” Tit. 29, §
36.
193
§ 4-20 MARION CODE
Sec. 4-20. Sale of malt or brewed beverages in other
than bottles and cans prohibited; draught
or keg beer prohibited.
It shall be unlawful for any person to sell mlalt or brewed
beverages by the retail, except in bottles and cans. There
shaUbe no draught or keg beer or malt beverages sold or
dispensed within the city or the police jurisdiction thereof.
State law reference….;.Similar provisions, Code of Ala., Tit. 29, § 34.
Sec. 4-21. Sales of malt or brewed beverages on
election days prohibited.
(a) It shall be unlawful for any licensee to slell, furnish or
give away any liquor, vinous or malt and brewed beverages
on the day of any federal, state, county or municipal
election, or on the date of any primary election held for the
nomination of any federal, state, county or municipal officer
until after the time fixed by law for the closing of the polling
places.
(b) It shall be unlawful for any person to drink or have’ in
open or unconcealed possession or custody for drinking any
such liquor. or beverages on election days as provided in
subsection (a) ..
State law reference-Similar provisions, Code of Ala., Tit. 29, § 36(3).
Sec. 4-22. Retail sale of malt or brewed beverages in
public areas required; exception.
It shall be unlawful for any retailer to sell any malt or
brewed beverages for consumption on the licensed premises,
except in a room or rooms or place on the licensed premises,
at all times accessible to the use and accommodation of the
general public, but this shall not be interpreted to prohibit a
hotel or club licensee from selling malt or brewed beverages
in any room of any such hotel or clubhouse. occupied by
bona fide registered guests or members entitled to purchase
of the same.
State law reference-Similar provisions, Code of Ala., Tit. 29, § 34.
194
ALCOHOLIC BEVERAGES § 4-27
195
Sec. 4-23~ Sale of food by retailer of malt or brewed
beverages at other than fair cost restricted.
It shall be unlawful for any retailer of malt or brewed
beverages to furnish, give -or sell below or above fair cost
any lunch to any consumer, except such articles of food as
the Alabama Alcoholic Beverage Board may authorize and
approve. .
State law reference-Similar provisions, Code of Ala., Tit. 29, § 36(6).
Sec. 4-24. Wholesale sale of malt or brewed beverag-
es to retailer with suspended or revoked
license prohibited.
It shall be unlawful for any wholesaler, distributor and/or
jobber to sell or deliver any malt or brewed beverages to any
retailer whose permit has been suspended while such
suspension is in force, or to sell or deliver to any such
licensee whose permit has been revoked.
Sec. 4-25. Purchase of malt or brewed beverages at
retail from wholesaler, distributor or jobber
with suspended or revoked license
prohibited.
It shall be unlawful for any retailer to buy or receive any
malt or brewed beverages from any wholesaler, distributor
and/or jobber whose license has been suspended during the
time of such suspension,· or from such licensee whose license
has been revoked.
Sec. 4-26. Tampering with, destroying, etc., posted
notices prohibited-.
It shall be unlawful for any person to take down, destroy,
mutilate or conceal the wording of any placard or other
writing posted on licensed premises as provided in ·this
chapter, which are posted under authority of this Code,
other city ordinance, or state law.
Sec. 4-27. Display of license required.
It shall be unlawful for any person to whom a license is
issued for the sale of any alcoholic beverages not to keep
:Supp.No.2
§ 4-27 MARION CODE
196
such permit at all times displayed in such. manner that it
can be seen by the public and by persons dealing with the
licensee.
State law reference-Display of license, Code of Ala., Tit. 29, § 16.
Sec. 4-28. Disposition of seized liquor or wine.
Whenever any person shall have been convicted in the
recorder’s court of possession or custody of any liquor or
wine contrary to the provisions of this chapter, and it shall
appear that the police department has seized such liquor or
wine and has the same in custody as evidence or otherwise,
the recorder’s court shall enter· an order declaring such
seized liquor or wine to be contraband and ordering the
chief of police to destroy the same or to sell the same to the
Alabama Alcoholic Beverage Control Board for account of
the city, as the mayor may determine in the light of the
quantity and marketability. of such liquor Gr wine. An
appeal from any conviction upon which any such order
depends shall carry with it an appeal from such order. Such
evidence shall be retained in the event a case is appealed
and until the appeal date has expired.
State law reference-Forfeiture and destruction of contraband liquors,
Code of Ala., Tit. :29, § 209 et seq.
Sec. 4-29. Drinking in public restricted.
It shall be unlawful for any person to drink, or have in
open or unconcealed possession or custody for drinking, any
liquor, wine, malalt beverage or brewed beverage at or in any
public place in the city other than a licensed liquor place or
a licensed beer place.
Sec. 4-30. Visiting illegal drinking places prohibited.
It shall be unlawful for any person to visit or resort to any
place other than a liquor licensed or beer licensed place for
the purpose of buying, selling, delivering, receiving or
drinking any liquor, wine or beer contrary to the provisions
of any law of the state or city, or for the purpose, of aiding,
abetting or assisting the person in charge or control of such
place in the violation of any law of the state or of the city.
Supp. No. 2
Alcoholic BEVERAGES
Sec. 4-31. Reserved.
§ 4-31
Editor’s note-Former § 4-31, derived from Ord. No. 75-6, adopted Aug.
21, 1975, was repealed by resolution passed April 29, 1976. Former § 4-31
regulated the hours of operation for sale of malt or brewed beverages.
Supp.No.4 197
[The next page is 247]