HB478 Summary

• The Alabama Alcoholic Beverage Control Board may not issue alcoholic beverage licenses in Class 4 municipalities with a mayor-council form of government unless the application is first approved by the municipal governing body.

• Municipal governing bodies may deny license applications based on eight enumerated reasons: creation of nuisance, detriment to residential neighborhoods, public health/safety/welfare concerns, violations of applicable laws or zoning restrictions, applicant's prior convictions related to alcohol or controlled substances, proximity to schools or child care facilities, traffic congestion, or any other risk to surrounding neighborhoods or public health/safety.

• Circuit court may set aside a municipal denial only if the denial was arbitrary and capricious, and applicants who prevail in court on grounds other than new evidence are entitled to recover reasonable attorneys' fees from the municipality.

• Judicial review proceedings shall be expedited, heard by a circuit judge without a jury, and must be commenced within 14 days of the municipal denial and set for hearing within 30 days thereafter.

• Section 28-1-7 of the Code of Alabama 1975 is repealed, and this act becomes effective on the first day of the third month following passage and approval.