Section 45-45A-40 - Regulation and sale of alcoholic beverages(a) Except as provided in this section, in order to provide for additional local control and regulation of the sale of alcoholic beverages in areas of the City of Madison located within Madison County, in addition to all other power and authority granted by state law, the governing body of the City of Madison is hereby authorized to regulate the days and hours of operation of establishments selling and serving alcoholic beverages, specify zones in the city in which businesses required to have retail off-premises or on-premises Alcoholic Beverage Control Board licenses may operate, issue and set fees for local business licenses for establishments selling and serving alcoholic beverages, and adopt ordinances regulating the establishments. Any authority granted herein shall not be construed to affect, modify, or amend the authority otherwise reserved to the state for the issuance and revocation of licenses for the sale of alcoholic beverages nor shall this section authorize any nightclubs, or the expansion of the days of operation of any nightclub, or any expanded days for the sale of alcoholic beverages for off-premises consumption by any licensee.(b) The days of operation currently in effect for establishments selling and serving alcoholic beverages in the City of Madison may only be changed if the establishment derives at least 50 percent of its revenue from food or lodging, and if the ordinance is approved by a referendum of the qualified electors of the areas of the City of Madison located within Madison County to become effective.(c) Prior to holding any referendum pursuant to subsection (b), the City of Madison shall do all of the following:(1) Advertise any proposed ordinance changing the days of operation once a week for four consecutive weeks in the same manner as a local bill is required to be advertised under Section 106 of the Constitution of Alabama of 1901.(2) Conduct a public hearing on the proposed ordinance.(3) Formally adopt the proposed ordinance after a hearing is conducted.Ala. Code § 45-45A-40 (1975)