Sentell, 070318 ALAGO, AGO 2018-39

• Case Date: July 03, 2018
• Court: Alabama

Honorable Lee Sentell AGO 2018-39 No. 2018-039 Alabama Attorney General Opinion State of Alabama Office of the Attorney General July 3, 2018          Honorable Lee Sentell          Director, Alabama Tourism Department          401 Adams Avenue Suite 126          Montgomery, Alabama 36104          Tourism Department - Tourism and Travel, Bureau of - Publicity and Information, Bureau of - State Departments and Agencies -Welcome Centers - Sales          The Alabama Tourism Department may operate gift shops in the Welcome Centers as a part of its comprehensive marketing plan.          Dear Mr. Sentell:          This opinion of the Attorney General is issued in response to your request.          QUESTION          May the Alabama Tourism Department lawfully open and operate the Governor's Mansion Gift Shop and/or gift shops at the state's Welcome Centers?          FACTS AND ANALYSIS          Your request states that in 2005, at the direction of the Governor and First Lady, the Alabama Tourism Department ("Tourism") was instructed to establish a gift shop across the street from the Governor's Mansion and this started the Mansion Gift Shop. You further state that the shop has been operated since that time and has grown from a small retail operation into a larger retail and wholesale operation.          Tourism would like to open and operate additional gift shops at the various Welcome Centers ("Centers") throughout the state. These Centers and the Governor's Mansion Complex serve as tourist attractions and waypoints for tourist to visit while traveling throughout the state. The addition of gift shops would serve to promote the state for purposes of tourism, entertainment, and cultural heritage, as well as to provide a promotional platform for local and state artisans.          Tourism is created pursuant to section 41-7-1, et. seq., of the Code of Alabama. Ala. Code §§41-7-1 to 41-7-6 (2013). Section 41-7-l(c) provides as follows:

(c) The department, with the advice and assistance of the board

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