41-2911. Alcoholic liquor and cereal malt beverage, days of sale; local option.
41-2911
41-2911. Alcoholic liquor and cereal malt beverage,days of sale; local option.(a) (1) The board of county commissioners of any countymay,by resolution:
(A) Expand the days of sale at retail of cereal malt beverage in the originalpackage to allowsuch sale within the unincorporated area of the county on any Sunday, exceptEaster, between thehours of 12 noon and 8 p.m. and expand the days of sale at retail of alcoholicliquor in the originalpackage, if licensing of such sale of alcoholic liquor is authorized within theunincorporated area ofthe county, to allow such sale within the unincorporated area of the county onany Sunday, exceptEaster, between the hours of 12 noon and 8 p.m. and on Memorial Day,Independence Day and LaborDay; or
(B) restrict the days of sale at retail of cereal malt beverage in theoriginal package to prohibitsuch sale within the unincorporated area of the county on Sunday and restrictthe days of sale at retail ofalcoholic liquor in the original package, if licensing of such sale ofalcoholic liquor is authorizedwithin the unincorporated area of the county, to prohibit such sale within theunincorporated areaof the county on Sunday, Memorial Day, Independence Day and Labor Day.
Such resolution shall be published once, within two weeks after its adoption,in theofficial county newspaper. Such resolution shall not become effective earlierthan 60 daysfollowing the date of its publication or November 15, 2005, whichever is later.If, within 60 daysfollowing publication of the resolution, a petition requesting that aproposition be submitted forapproval by the voters is filed in accordance with subsection (a)(2), suchresolution shall notbecome effective until a proposition is submitted to and approved at anelection as provided bythis subsection (a).
(2) A petition to submit a proposition to the qualified voters of a countypursuant to thissubsection (a)shall be filed with the county election officer. Thepetition shall be signedby qualified voters of the county who reside within the unincorporated area ofthe countyequal in number to notless than 5% of the voters of the county residing within the unincorporatedarea of the county whovoted for the office of president of the United States at the last precedinggeneralelection at which such officewas elected. The appropriate version of the following shall appear on thepetition:
(A) If licensing of sale at retail of alcoholic liquor in the originalpackage is not authorizedwithin the unincorporated area of the county, the petition shall read: "Werequest an election todetermine whether sale at retail of cereal malt beverage in the originalpackage shall be (allowed onany Sunday, except Easter, between the hours of 12 noon and 8 p.m.) (prohibitedon Sunday) withinthe unincorporated area of ___________ county."
(B) If licensing of sale at retail of alcoholic liquor is authorized withinthe unincorporatedarea of the county, the petition shall read: "We request an election todetermine whether sale at retailof cereal malt beverage in the original package shall be (allowed on anySunday, except Easter,between the hours of 12 noon and 8 p.m.) (prohibited on Sunday) within theunincorporated area of ___________ county and whether sale at retail ofalcoholic liquor in the original package shall be(allowed on any Sunday, except Easter, between the hours of 12 noon and 8 p.m.and on MemorialDay, Independence Day and Labor Day) (prohibited on Sunday, Memorial Day,Independence Dayand Labor Day) within the unincorporated area of ___________ county."
(3) Upon submission of a valid petitioncalling for anelection pursuant to this subsection (a), the county commission shall call aspecialelection to be held not later than 45 days after submission of the petitionunless a countywide primary or general election is to be held within 90 daysafter submission of the petition, in which case the proposition shall besubmitted at such countywide election.Thereupon, the county election officer shall cause the appropriate versionof the following proposition to be placed on the ballot in the unincorporatedarea of the county at such election:
(A) If licensing of sale at retail of alcoholic liquor is not authorizedwithin the unincorporatedarea of the county, the following proposition shall be placed on the ballot:"Within theunincorporated area of ___________ county shall sale at retail of cereal maltbeverage in the originalpackage be (allowed on any Sunday, except Easter, between the hours of 12 noonand 8 p.m.)(prohibited on Sunday)?"
(B) If licensing of sale at retail of alcoholic liquor is authorized withinthe unincorporatedarea of the county, the following proposition shall be placed on the ballot:"Within theunincorporated area of _______ county shall sale at retail of cereal maltbeverage in the originalpackage be (allowed on any Sunday, except Easter, between the hours of 12 noonand 8 p.m.)(prohibited on Sunday) and shall the sale at retail of alcoholic liquor in theoriginal package be(allowed on any Sunday, except Easter, between the hours of 12 noon and 8 p.m.and on MemorialDay, Independence Day and Labor Day) (prohibited on Sunday, Memorial Day,Independence Dayand Labor Day)?"
(b) (1) The governing body of any city may, by ordinance:
(A) Expand the days of sale at retail of cereal malt beverage in the originalpackage to allowsuch sale within the city on any Sunday, except Easter, between the hours of 12noon and 8 p.m. andexpand the days of sale at retail of alcoholic liquor in the original package,if licensing of such saleof alcoholic liquor is authorized within the city, to allow such sale withinthecity on any Sunday, exceptEaster, between the hours of 12 noon and 8 p.m. and on Memorial Day,Independence Day and Labor Day; or
(B) restrict the days of sale at retail of cereal malt beverage in theoriginal package to prohibitsuch sale within the city on Sunday and restrict the days of sale at retail ofalcoholic liquor in the originalpackage, if licensing of such sale of alcoholic liquor is authorized within thecity, to prohibit suchsale within the city on Sunday, Memorial Day, Independence Day and Labor Day.
Such ordinance shall be published at least once each week for two consecutiveweeks inthe official city newspaper. Such ordinance shall not become effective earlierthan 60 daysfollowing the date of its publication or November 15, 2005, whichever is later.If, within 60 daysfollowing publication of the ordinance, a petition requesting that aproposition be submitted forapproval by the voters is filed in accordance with subsection (b)(2), suchordinance shall notbecome effective until a proposition is submitted to and approved at anelection as provided bythis subsection (b).
(2) A petition to submit a proposition to the qualified voters of a citypursuant to thissubsection (b)shall be filed with the county election officer. Thepetition shall be signedby qualified voters of the city equal in number to not less than 5% of thevoters of the city whovoted for the office of president of the United States at the last precedinggeneralelection at which such officewas elected. The appropriate version of the following shall appear on thepetition:
(A) If licensing of sale at retail of alcoholic liquor in the originalpackage is not authorizedwithin the city, the petition shall read: "We request an election to determinewhether sale at retailof cereal malt beverage in the original package shall be (allowed on anySunday, except Easter,between the hours of 12 noon and 8 p.m.) (prohibited on Sunday) withinthe city of ___________."
(B) If licensing of sale at retail of alcoholic liquor is authorized withinthe city, the petitionshall read: "We request an election to determine whether sale at retail ofcereal malt beverage in theoriginal package shall be (allowed on any Sunday, except Easter, between thehours of 12 noon and8 p.m.) (prohibited on Sunday) within the city of ___________ and whether saleat retail of alcoholicliquor in the original package shall be (allowed on any Sunday, except Easter,between the hours of12 noon and 8 p.m. and on Memorial Day, Independence Day and Labor Day)(prohibited onSunday, Memorial Day, Independence Day and Labor Day) within the city of___________."
(3) Upon submission of a valid petitioncalling for anelection pursuant to this subsection (b), the city governing body shall call aspecialelection to be held not later than 45 days after submission of the petitionunless a citywide primary or general election is to be held within 90 daysafter submission of the petition, in which case the proposition shall besubmitted at such citywide election.Thereupon, the county election officer shall causethe appropriate versionof the following proposition to be placed on the ballot in the city at suchelection:
(A) If licensing of sale at retail of alcoholic liquor is not authorizedwithin the city, thefollowing proposition shall be placed on the ballot: "Within the city of___________ shall sale atretail of cereal malt beverage in the original package be (allowed on anySunday, except Easter,between the hours of 12 noon and 8 p.m.) (prohibited on Sunday)?"
(B) If licensing of sale at retail of alcoholic liquor is authorized withinthe city, the following proposition shall be placed on the ballot: "Within thecity of _______ shall sale at retailof cerealmalt beverage in the original package be (allowed on any Sunday, except Easter,between the hoursof 12 noon and 8 p.m.) (prohibited on Sunday) and shall the sale at retail ofalcoholic liquor in theoriginal package be (allowed on any Sunday, except Easter, between the hours of12 noon and 8 p.m.and on Memorial Day, Independence Day and Labor Day) (prohibited on Sunday,Memorial Day,Independence Day and Labor Day)?"
(c) The county election officer shall transmit to the director a copy of theresults of anelection pursuant to this section.
(d) An election provided for by this section shall be called and held in themanner provided by the general bond law.
History: L. 2005, ch. 201, § 9; July 1.