Section 45-28-20 - Beer tax distribution(a) Notwithstanding any other provision of law, in Etowah County, the beer taxes imposed pursuant to Section 28-3-190 shall be collected by the county commission and distributed as provided in subsection (b).(b) The entire amount of tax shall be paid to the Etowah County Commission and the net revenue, after reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed as follows: (1) For beer delivered for retail sale within the corporate limits of a municipality having a board of education, all of the proceeds shall be distributed according to the following percentages: 20.83 1/3 percent to the Etowah County General Fund; 58.33 1/3 percent to the general fund of the municipality; 20.83 1/3 percent to the Etowah County Board of Education, the Gadsden City Board of Education, and the Attalla City Board of Education, to be divided pro rata among them in accordance with the most recent average daily membership figures of the respective county or city board of education, to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units.(2) For beer delivered for retail sale outside the city or town limits but within the police jurisdiction, of a municipality having a board of education, all of the proceeds shall be distributed according to the following percentages: 12.50 percent to the Etowah County Board of Education, to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units; 20.83 1/3 percent to the Etowah County Board of Education, the Gadsden City Board of Education, and the Attalla City Board of Education, to be divided pro rata among them in accordance with the most recent average daily membership figures of the respective county or city board of education, to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units; 29.16 2/3 percent to the general fund of the municipality; 37.50 percent to the Etowah County General Fund.(3) For beer delivered for retail sale within the city or town limits of a municipality not having a board of education, all of the proceeds shall be distributed according to the following percentages: 20.83 1/3 percent to the Etowah County General Fund; 20.83 1/3 percent to the Etowah County Board of Education, the Gadsden City Board of Education, and the Attalla City Board of Education, to be divided pro rata among them in accordance with the most recent average daily membership figures of the respective county or city board of education, to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units under the State Foundation Program; 33.33 1/3 percent to the general fund of the municipality; 25.00 percent to the Etowah County General Fund to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units.(4) For beer delivered for retail sale outside the city or town limits, but within the police jurisdiction of a municipality not having a board of education, all of the proceeds shall be distributed according to the following percentages: 16.66 2/3 percent to the general fund of the municipality; 20.83 1/3 percent to the Etowah County Board of Education, the Gadsden City Board of Education, and the Attalla City Board of Education, to be divided pro rata among them in accordance with the most recent average daily membership figures of the respective county or city board of education, to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units; 25.00 percent to the Etowah County Board of Education to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units; 37.50 percent to the Etowah County General Fund.(5) For beer delivered for retail sale in locations which are within the boundaries of Etowah County, Alabama, but not within the corporate limits or police jurisdiction of any municipality, all of the proceeds shall be distributed according to the following percentages: 20.83 1/3 percent to the Etowah County Board of Education, the Gadsden City Board of Education, and the Attalla City Board of Education, divided in accordance with the most recent average daily membership figures of the respective county or city board of education to be used for capital outlay purposes, renovation, or repairs and to preserve teacher units; 25.00 percent to the Etowah County Board of Education, to be used for capital outlay purposes, renovation, or repairs and to preserve teacher units; 54.16 2/3 percent to the Etowah County General Fund.(6) For draft beer sold and delivered within all areas in Etowah County, all proceeds shall be distributed according to the following percentage: 83.33 1/3 percent to the Etowah County Board of Education, the Gadsden City Board of Education, and the Attalla City Board of Education, to be divided pro rata among them in accordance with the most recent average daily membership figure of the respective county or city board of education to be used for capital outlay purposes, renovation, and repairs and to preserve teacher units; 16.66 2/3 percent to municipalities in Etowah County within which draft beer is sold at retail, to be divided among them pro rata according to the population.Ala. Code § 45-28-20 (1975)
Amended by Act 2021-329,§ 1, eff. retroactive to October 1, 2017. Act 2011-253, p. 453, § 1.