Title 3, Chapter 3, Section 20
( 3-3-20)
(a) Except as provided in subsection (d) of this Code section or
except as specifically authorized by law, no person knowingly and
intentionally shall sell or offer to sell alcoholic beverages on
Sunday. (b)(1) As used in this subsection, the term "day" means that
period of time beginning with the opening of the polls and ending
with the closing of the polls. (2)(A) Except as provided in subparagraph (B) of this paragraph
and paragraph (3) of this subsection, in any county or
municipality in which the sale of alcoholic beverages is
authorized, the sale of alcoholic beverages in compliance with
such authorization shall be authorized and legal on any election
day. (B) The local governing authority of any county in which the
sale of alcoholic beverages is authorized and the local
governing authority of any municipality in which the sale of
alcoholic beverages is authorized may, by ordinance, prohibit
the sale of alcoholic beverages on any election days. In any
case where the governing authority of a county or municipality
has passed an ordinance prohibiting the sale of alcoholic
beverages on any election days as authorized by this
subparagraph, such prohibition shall apply only within the
territorial boundaries for which the election is held but such
territorial boundaries shall not include any property owned or
operated by a county, municipality, or other political
subdivision of this state for airport purposes if no person
resides on such publicly owned or operated property. (3)(A) Notwithstanding any other provisions of this subsection,
it shall be unlawful for any person to sell alcoholic beverages
within 250 feet of any polling place or of the outer edge of any
building within which such polling place is established on
primary or election days. (B) Any person violating the provisions of this paragraph shall
be guilty of a misdemeanor. (c) The governing authority of any county or municipality may, by
ordinance or resolution, prohibit the sale of alcoholic beverages on
Christmas Day. (d)(1) In all municipalities within any county having a population
of 400,000 or more according to the United States decennial census
of 1990 or any future such census in which the sale of alcoholic
beverages is lawful, alcoholic beverages may be sold on Sundays
between the hours of 12:30 P.M. and 12:00 Midnight at festivals.
As used in this paragraph, the term "festival" means a specific
outdoor public celebration or gathering for which a license or
permit has been issued by the appropriate governing authority
which involves the use either of public parks or public streets
and which includes entertainment, dancing, music, dramatic
productions, art exhibition, parades, or the sale of merchandise,
food or alcohol, or any combination of the foregoing; and which of
necessity requires for its successful execution the provision and
coordination of municipal services to a degree significantly over
and above that which the city routinely provides under ordinary
everyday circumstances. The definition of "festival," as used in
this paragraph, does not include events which are solely parades,
foot races, or political demonstrations unless such parade, foot
race, or political demonstration is proposed as an integral part
of a larger "festival," as defined in this paragraph. (2) Notwithstanding the provisions of this subsection, all persons
and entities selling alcoholic beverages pursuant to this
subsection shall fully comply with all other applicable state and
local license and permit requirements. |