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title-28•Title 28 — Intoxicating Liquor, Malt Beverages and Wine
title-28Ala. Code tit. 28CodeJan 1, 1900
In all counties of the state it shall be unlawful for any person, firm or corporation to have in his or its possession any still or apparatus to be used for the manufacture of any alcoholic beverage of any kind or any alcoholic beverage of any kind illegally manufactured or transported within the state or imported into the state from any other place without authority of the alcoholic control board of the state, and any person, firm or corporation violating this provision or who transports any illegally manufactured alcoholic beverages or who manufactures illegally any alcoholic beverages shall, upon conviction, be punished as provided by law.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §68.)
No evidence obtained by means of an illegal search of the private dwelling of any person shall be admissible in any court in the prosecution of any person for violating any of the provisions of this title. A search is deemed illegal, unless a valid search warrant has been issued in full compliance with law, including Section 28-4-255, and such warrant is executed according to law.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4741; Code 1940, T. 29, §210; Acts 1951, No. 905, p. 1544.)
(a) Any person 21 years of age or over who is on active duty, in active reserve status or retired from the armed forces of the United States, or the dependent of such person, or is otherwise eligible to purchase alcoholic beverages from military package or liquor stores, shall be entitled to have in his possession, in his motor vehicle, or a private residence or place of private residence or the curtilage thereof in any county in this state, for his own private use and not for resale, not more than the following quantity of alcoholic beverages as defined in Section 28-3-1, which beverages have been sold by a military liquor, package, Class 6 or similar store or outlet: three liters of liquor and one case of beer; or three liters of wine and one case of beer; or two cases of beer; provided, however, that no alcoholic beverages shall be kept, stored or possessed in the passenger area of any vehicle, or in the view of any passenger; and further provided that the beer and table wine must first have been purchased by the military package or liquor stores from licensed Alabama wholesalers, and liquor must first have been purchased by the military package and liquor stores from the Alabama ABC Board; and shall have sufficient identification, including, but not limited, to a sales receipt, to show that such alcoholic beverages were purchased in Alabama and sold by such military store or outlet; provided further that no rule or regulation of the board shall require a wholesaler to affix stamps or decals to beer or table wine.
(b) It shall be unlawful for any person in possession of alcoholic beverages as enumerated in subsection (a) of this section to sell or offer to sell such alcoholic beverages to anyone not authorized to purchase such state untaxed beverages himself or to have in his possession at any one time any amount of state untaxed alcoholic beverages in excess of the quantity set forth in subsection (a) of this section. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be fined not less than $50.00 nor more than $500.00, or imprisoned in the county jail for a period not to exceed six months, either or both, at the discretion of the court.
(Acts 1986, Ex. Sess., No. 86-648, p. 29; Act 2010-607, p. 1478, §1.)
(a) The words and phrases used in this section shall have the meanings ascribed to them in Section 28-3-1.
(b)Except as provided in subsection (c) and (d), it shall be unlawful for any common carrier, operator of trucks, buses, or other conveyances or a manufacturer, supplier, or importer to make delivery of any alcoholic beverage to any person within the state, except to the Alabama Alcoholic Beverage Control Board and to manufacturers, importers, wholesalers, and warehouses licensed by the Alabama Alcoholic Beverage Control Board to receive the alcoholic beverages so delivered.
(c)(1) Notwithstanding subsection (b), a delivery service licensee or an employee or independent contractor of a delivery service licensee, pursuant to Section 28-3A-13.1, may transport and deliver beer, wine, and spirits to an individual in the state who is at least 21 years of age.
(2) Notwithstanding any law, rule, ordinance, or resolution to the contrary, this section and Section 28-3A-13.1 shall exclusively govern the delivery of beer, wine, and spirits throughout the state.
(3) Act 2021-188 has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution and the powers reserved to the state under the Tenth Amendment to the United States Constitution and the inherent powers of the state under the Constitution of Alabama of 2022. It is the intent of the Legislature that Act 2021-188 maintains the current three-tier system of control over the sale, distribution, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state and promotes the health, safety, and welfare of residents of this state. Act 2021-188 shall be liberally construed to ensure that the sale, purchase, transportation, manufacture, consumption, delivery, and possession of alcoholic beverages shall be prohibited except as authorized in Act 2021-188. If any provision of Act 2021-188 or its application to any person or circumstance is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, malt beverages, unfortified wine, and fortified wine, and shall be construed to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the franchise laws imposed by Act 2021-188.
(d)(1) A common or permit carrier may ship and transport shipments of wine to an Alabama resident who is at least 21 years of age at the direction of a direct wine shipper licensee, as provided in Sections 28-3A-6.1 and 28-3A-6.2. A common or permit carrier making a shipment as provided in Sections 28-3A-6.1 or 28-3A-6.2 is not required to maintain in the vehicle or within the possession of the driver of the vehicle a bill of lading, consignment, or any other documentary evidence of the cargo being transported other than information available on the package shipping label.
a. A common or permit carrier that ships and transports wine to a resident of the state shall make shipment as provided in Sections 28-3A-6.1 and 28-3A-6.2, shall confirm that any individual physically receiving a shipment of wine is at least 21 years of age, and shall require the individual’s signature before releasing the shipment to that individual. Any failure by a common or permit carrier, upon receipt of the shipment, to verify the age of the individual receiving the wine may result in the suspension of the common or permit carrier’s license to operate in the state or the imposition of any other penalty the relevant licensing authority in the state is authorized to impose.
b. A common or permit carrier that ships and transports wine to a resident of the state shall make shipment as provided in Sections 28-3A-6.1 and 28-3A-6.2, shall maintain a copy of the signature of the individual who physically received the shipment for at least three years following the date of completion of that shipment, and, upon request, shall provide a copy of that signature to the Tax and Trade Practices Division of the board. Failure by a common or permit carrier to maintain a copy of the signature of the individual receiving the wine pursuant to this section, or failure to provide a copy of that signature to the board or the Department of Revenue upon request, may result in the suspension of the common or permit carrier’s license to operate in the state or the imposition of any other penalty the relevant licensing authority in the state is authorized to impose.
(2) A common or permit carrier that ships and transports wine to a resident of the state shall make shipment as provided in Sections 28-3A-6.1 and 28-3A-6.2 and shall file quarterly reports with the Tax and Trade Practices Division of the board of all wine shipments during the reporting period that report all of the following with regard to each shipment:
a. The name and business address of the person who directed the common or permit carrier to ship wine.
b. The weight of the shipment.
c. The name and address of the consumer to whom the wine was shipped.
d. A unique tracking number.
e. The date of delivery.
(3) Reports made under this subsection shall be considered public records for purposes of Article 3, commencing with Section 36-12-40, of Chapter 12 of Title 36, and shall be made available to law enforcement officers.
(4) A willful failure by a common or permit carrier to comply with the reporting requirements in this section which continues for more than 30 days after receiving notice by the board or Department of Revenue of the failure may result in the suspension of the common or permit carrier’s license to operate in the state or the imposition of any other penalty the relevant licensing authority in the state is authorized to impose.
(5) The Legislature hereby finds and declares that Act 2021-419 is enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of Alabama of 2022, in order to regulate the traffic of alcoholic beverages and to substitute the regulations and oversight established in Act 2021-419 for the application of federal and state antitrust laws that otherwise would apply to any potential anticompetitive effects of the title. For the avoidance of doubt, the intent of the Legislature is to maintain the uniform three-tier system of control over the sale, purchase, taxation, transportation, manufacture, consumption, and possession of alcoholic beverages in the state to promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring the state shall be able to register, audit, inspect, seize, recall and test alcoholic beverages shipped into, distributed, and sold throughout this state; and this expression of the policy and intent of the Legislature is intended to satisfy the clear articulation test for state action immunity as has been established by the United States Supreme Court in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., et al.
(6) If any provision of Act 2021-419, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages, not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.
(e) The board may adopt rules to implement Act 2021-419.
(Acts 1981, No. 81-768, p. 1320; Act 2021-419, §§1, 2, 5, 7; Act 2021-188, §§1, 2.)
(a) Notwithstanding Section 26-1-1, it shall be unlawful for an individual less than 21 years of age to attempt to purchase, purchase, consume, possess, or transport any alcoholic beverage within the State of Alabama.
(b) Nothing in this section shall prevent an individual who is less than 21 years of age from being employed by a licensee of the board, provided the individual may not handle, transport, serve, or dispense alcoholic beverages, except as authorized under subsection (c), and a representative of the licensee who is 21 years of age or older must be in attendance at all times the individual is working.
(c) Notwithstanding subsection (a):
(1) An individual who is 18, 19, or 20 years of age and is employed by a restaurant or a hotel that is a restaurant or special retail licensee may serve alcoholic beverages, provided all of the following conditions are met:
a. The employee is working within the scope of his or her employment as a server or a busser.
b. The employee may not work as a bartender and may not pour or dispense alcoholic beverages or deliver alcoholic beverages to a guest room.
c. The restaurant or hotel that is a restaurant or special retail licensee is annually certified as a responsible vendor under the Alabama Responsible Vendor Act as provided in Chapter 10. Responsible vendor training or testing for these licensees may be conducted online by computer, in a classroom, or by live trainers. Any online training must include employee testing to pass. Nothing in this paragraph shall be construed to require an in-person test administrator or proctor.
(2) An individual under 21 years of age who is employed by a wholesale licensee or an off-premises retail licensee may handle, transport, or sell alcoholic beverages, provided the employee is working within the scope of his or her employment.
(d) The board may levy a civil penalty, up to and including suspension or revocation of the license, against any licensee who requests or requires as a condition of employment an employee under the age of 21 years to handle, transport, serve, or dispense alcoholic beverages in a manner that violates this section, as follows:
(1) Two hundred fifty dollars ($250) for a first offense.
(2) Five hundred dollars ($500) for a second offense.
(3) One thousand dollars ($1,000) for a third or subsequent offense.
(Acts 1985, No. 85-687, p. 1102; Act 2000-791, p. 1864, §1; Act 2022-383, §1; Act 2023-252, §1.)
(a)(1) All other provisions of law, rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form of license in a Class 1 municipality, including, but not limited to, off-premises consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following requirements is satisfied:
a. The application has first been approved by the governing body of the Class 1 municipality in which the site of the license is situated.
b. The denial of approval by the Class 1 governing body has been set aside by order of the circuit court of the county in which the site is situated on the ground that the municipal approval was arbitrarily or capriciously denied without a showing of one of the following:
The creation of a nuisance.
Circumstances clearly detrimental to or which would adversely affect the public health, safety, and welfare of the adjacent residential neighborhoods.
A violation of applicable zoning restrictions or regulations.
An individual applying for the license has a prior conviction involving the use of alcohol or a controlled substance.
The proximity of the business to a school or child care facility and the business hours of the operation will create a harmful environment for the children.
The traffic congestion created by licensing the proposed location will endanger others.
Any other reason that poses a risk.
(2) Proceedings in the circuit courts to review an action of a Class 1 municipal governing body denying approval of an application shall be expedited de novo proceedings heard by a circuit judge without a jury who shall consider any testimony presented by the city governing body and any new evidence presented in explanation or contradiction of the testimony. Any proceeding to review the denial of approval of a license application shall be commenced within 14 days of the action by the municipal governing body and shall be set for hearing by the court within 30 days thereafter.
(b)(1) All other provisions of law, rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form of license in a Class 2 municipality, including, but not limited to, off-premises consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor, or other alcoholic beverage regulated by the board unless one of the following requirements is satisfied:
a. The application was first approved by the governing body of the municipality in which the site of the license is situated.
b. The denial of the approval by the governing body has been set aside by order of the circuit court of the county in which the site is situated on the ground that this municipal approval was arbitrarily or capriciously denied without a showing of one of the following:
The creation of a nuisance.
Circumstances detrimental to adjacent residential neighborhoods.
Circumstances detrimental to the public health, safety, and welfare.
A violation of applicable zoning restrictions or regulations.
An individual applying for the license, or an individual who is an officer or director of a corporation or other entity applying for the license, has a prior conviction involving the use of alcohol or a controlled substance or a prior conviction involving the illegal sale of alcohol or a controlled substance.
The proximity of the proposed business to a school or child care facility and the business hours of the proposed business will create a harmful environment for the children.
Traffic congestion created by licensing the proposed business.
Any other reason that poses a risk to surrounding neighborhoods or to the public health, safety, and welfare.
(2) Proceedings in circuit court to review an action of a Class 2 municipal governing body denying approval of a license application shall be expedited proceedings, heard by a circuit judge without a jury. Any proceeding to review the denial of approval of a license application shall be commenced within 14 days of the action by the municipal governing body and shall be set for hearing by the court within 30 days thereafter.
(Acts 1995, No. 95-561, p. 1172, §§1, 2; Act 2000-805, p. 1916, §1; Act 2004-623, p. 1415, §1; Act 2006-401, p. 1007, §1; Act 2007-416, p. 867, §1; Act 2011-699, p. 2151, §1.)
[Repealed]
REPEALED IN THE 2020 REGULAR SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020.
(Acts 1996, 1st Ex. Sess., No. 96-52, p. 70, §§1–4.)
(a) For purposes of this section, “powdered alcohol” is alcohol sold in a powder or crystalline form, for either direct use or reconstituted with any liquid or food.
(b) It shall be unlawful for any person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol.
(c) This section shall not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution, a pharmaceutical company, or a biotechnology company conducting bona fide research.
(d) A person or business establishment who unlawfully possesses, purchases, or uses a powdered alcohol product shall be fined as provided in a Class A misdemeanor for the first offense.
(e) A person or business establishment who unlawfully sells or offers to sell a powdered alcohol product shall be guilty of a Class A misdemeanor, and on a second or subsequent conviction, shall be guilty of a Class D felony.
(Act 2015-385, §1.)
(a) In every county where a majority of the electors voting in an election, called by the Governor to determine whether Chapter 3 of this title shall be adopted in the county, vote “Yes,” Chapter 3 and all of its provisions shall be immediately put into operation in such county, but in every county where a majority of the electors voting in the election vote “No,” Chapter 3 shall not go into effect in such county and all laws prohibiting the manufacture and sale of alcoholic liquors or beverages now in force and effect in Alabama shall remain in full force and effect in every such county. For the purpose of this chapter the term “wet county” shall mean any county which by a majority of those voting voted in the affirmative in the election provided for in this section, and “dry counties” shall be construed to mean all counties which by a majority of those voting voted in the negative in the election provided for in this section. Any county in the state may change its classification from wet to dry or from dry to wet under this section in the following manner: Upon the petition of 25 percent of the number of voters voting in the last preceding general election being filed with the probate judge of the county, the probate judge must call an election for the county to determine the sentiment of the people as to whether or not alcoholic beverages can be legally sold or distributed in the county. The election shall be held and the officers appointed to hold same in the manner provided by law for holding other county elections and the returns thereof tabulated and results certified as provided by law for such elections. The election shall be held within not less than 82 days, nor more than 97 days, from the date of filing of the petition and notice thereof shall be given by the probate judge by publication at least three weeks before the date of the election, in a newspaper in the county or, if there be none, by posting such notice at the courthouse apprising the voters of the county that an election will be held in the several precincts thereof to determine whether such county shall be wet or dry under the laws regulating alcoholic beverages. The cost of the election, including the cost of notice by publication, shall be paid out of the general funds of the county. On the ballot to be used for such election the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this county? Yes ____ No ____.” Only qualified voters shall vote in the election. If a majority of the voters voting in the election vote “Yes,” the county shall be wet or remain wet under the terms of this section until the county shall in a subsequent election held under this section change to a dry county. If a majority of the electors voting in the election vote “No,” the county shall be a dry county under the terms of Chapter 4 until it shall by a subsequent election, held under this section, vote wet. The elections in the counties may be held at any time; provided, that a period of not less than two years must elapse between the dates of such elections.
(b) In all dry counties, as defined in subsection (a), the statutes of Alabama prohibiting the manufacture, sale, or distribution of alcoholic beverages shall remain in full force and effect, and any person, firm, or corporation convicted of violating any of the provisions of law regulating or defining the illegal manufacture, sale, or distribution of alcoholic beverages shall be punished as provided by such laws.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §68; Act 2015-440, §1.)
This article shall be known and cited as the Special Method Referendum Act of 1971.
(Acts 1971, No. 1266, p. 2195, §1.)
Whenever petitioners for an election under Section 28-2-1 shall so desire, the petition shall contain the following: “It is requested that the election herein requested be on the adoption of the Special Method Referendum Act of 1971.”
In an election called for the above-stated act, the voters of the county shall be asked the question: “Do you favor the legal sale and distribution of alcoholic beverages within this county under the Special Method Referendum Act of 1971? Yes _____, No _____.”
(Acts 1971, No. 1266, p. 2195, §2.)
(a) If the majority of the voters in any county approve the sale and distribution of alcoholic beverages under this article as provided in Section 28-2-21, the sale of alcoholic beverages in such county shall be governed by the following conditions:
(1) Within 90 days after the affirmative vote of the voters of a county, each governing body of any incorporated municipality within such county may vote to exclude the sale of alcoholic beverages within its limits as provided for in this article. If the governing body does not take such action 90 days after the affirmative election, the provisions of this article shall apply for a period of 10 years, after which the municipality shall again have 90 days to exclude said municipality. Should a municipality choose to exclude the application of this article from its limits, it may, by its own action, include the municipality under the provisions of this article at any subsequent time for a period of 10 years and, after said 10-year period, shall have 90 days to continue or discontinue its applicability. A municipality may, within the 90-day period, submit the decision on the applicability of this article to its voters by a special election, said election being binding on the governing body.
(2) The governing body of any county which has adopted the special method as provided in Section 28-2-21 may from time to time vote to exclude the sale of alcoholic beverages within all or any part of its unincorporated areas, but if a municipality annexes any unincorporated area, that area shall be subject to the rules of the municipality with regard to the sale and distribution of alcoholic beverages.
(3) Only nonrefrigerated malt beverages may be sold in any area in the county.
(4) Spirituous or vinous liquors may only be sold at stores operated by the Alabama Alcoholic Beverage Control Board.
(5) Possession of alcoholic beverages in any area in a county where their sale has not been legalized is prohibited.
(6) The consumption of alcoholic beverages on the premises where sold or in any public place is prohibited.
(b) Any person who violates any provision of this section shall be deemed guilty of a misdemeanor.
(Acts 1971, No. 1266, p. 2195, §3.)
Any county or municipality which allows the sale of malt beverages under the provisions of this article shall be authorized to levy and collect a tax upon the sale of such beverages in an amount not to exceed $.05 on each 12 fluid ounces or fraction thereof; provided, that the county shall not have authority to impose such tax within any incorporated municipality within such county.
A minimum of 60 percent of the proceeds of such tax shall be used solely for the purpose of public education, with the remainder to be allocated by the county commission or municipal governing body levying and collecting the tax for any other public use. The county commission shall distribute the proceeds of this tax for public education to school systems within the county on the same basis as the total calculated costs of the Foundation Program for the local boards of education within the county.
(Acts 1971, No. 1266, p. 2195, §4; Acts 1995, No. 95-261, p. 445, §1.)
No county which, as of September 22, 1971, authorized the sale and distribution of alcoholic beverages shall be authorized to conduct a referendum under the provisions of Section 28-2-21.
(Acts 1971, No. 1266, p. 2195, §6.)
All other provisions of this title and other laws and regulations of the state associated with the sale, taxing and regulation of alcoholic beverages shall apply to a county adopting this article except when in conflict with the special provisions of this article.
(Acts 1971, No. 1266, p. 2195, §5.)
(a) Any municipality having a population of 1,000 or more, may change its classification from dry to wet or wet to dry by a municipal option election, in the following manner.
(b) Upon petition of 30 percent of the number of voters voting in the last preceding general election of the municipality being filed with the city or town clerk or governing body of the municipality, the governing body must call a municipal option election for the municipality to determine the sentiment of the people as to whether or not alcoholic beverages can be legally sold or distributed in the municipality. The petition for municipal option election shall contain the following: “It is petitioned that a municipal option election be held to permit the legal sale and distribution of alcoholic beverages within this municipality.” On the ballot to be used for such municipal option election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality? Yes _____ No _____.” Each subsequent municipal option election must follow the petition process as provided in this subsection with a new petition.
(c) The municipal option election shall be held and the officers appointed to hold same in the manner provided by law for holding other municipal elections and the returns thereof tabulated and the results certified as provided by law for such municipal elections. The municipal option election shall be held at the time of the primary, general, county-wide, or municipal election next succeeding the date of the filing of the petition, provided, however, the election shall not be held within less than 30 days from the date of the filing of the petition. Notice of the municipal option election shall be given by the governing body of the municipality by publication at least three weeks before the date of election, in a newspaper in the municipality, or, if there be none, in a newspaper in the county, or, if there be neither, by posting such notice at the town or city hall, apprising the voters of the municipality that a municipal option election shall be held to determine whether such municipality shall be wet or dry under this article. The cost of the municipal option election, including the cost of notice by publication, shall be paid out of the general fund of the municipality.
(d) Only qualified voters shall vote in the municipal option election. If a majority of the voters in the municipal option election vote “yes,” the municipality shall be wet, and alcoholic beverages can be legally sold, distributed and consumed within the corporate limits of the municipality, and all of the provisions of this title, relating to alcoholic beverages in wet counties, including Chapters 3, 3A, 6, and 7, shall be immediately put into operation with respect to and effective within the corporate limits of the municipality. The municipality shall remain wet until the municipality shall be in subsequent municipal option election held under this article changed to a dry municipality, notwithstanding the results of any subsequent county election or special method referendum. All other laws to the contrary notwithstanding, the electors residing within the corporate limits of any such municipality that has become wet pursuant to a municipal option election held under this article shall not be entitled to vote in any subsequent county election or special method referendum held to determine if the county in which such municipality is located shall become wet. The question of whether such county shall become wet shall be decided by the electors of such county residing outside the corporate limits of such wet municipality as otherwise provided by law.
(e) If a majority of the voters voting in the municipal option election vote “no,” the municipality shall be a dry municipality under the terms of this article until the county shall by subsequent election or special referendum, vote wet, or the municipality shall by a subsequent municipal option election held under this article, vote wet.
(f) The municipal option election in the municipality may be held at the time of any primary, general, county-wide, or municipal election as determined by the county commission or the municipal governing body, as applicable, provided a period of not less than 720 days must elapse between the dates of such municipal option elections; provided further, that a county wet-dry election or special method referendum may be held at any time without regard to the lapse of time between the dates of any county option elections.
(Acts 1984, No. 84-408, p. 955, §1; Act 2009-546, p. 1446, §1; Act 2015-2, §1.)
(a) Each municipality with a population of 1,000 or more which held an election pursuant to Section 28-2A-1, as amended by Act 2009-546, of the 2009 Regular Session (Acts 2009, p. 1446), in which the majority of the voters voting in the municipal option election voted to allow the sale, distribution, and consumption of alcoholic beverages within the municipality are hereby declared wet and may continue the sale, distribution, and consumption of such beverages.
(b) Municipalities to which this section applies shall remain wet unless and until the municipality, in any subsequent municipal option election held pursuant to this chapter, elects to change to a dry municipality, notwithstanding the result of any subsequent county election or special method referendum.
(c) Any taxes or licenses levied and collected pursuant to a municipal option election conducted in accordance with Section 28-2A-1, as amended by Act 2009-546, and any administrative or regulatory actions taken, are hereby ratified and confirmed.
(d) Each municipality with a population of 1,000 or more which held an election pursuant to Section 28-2A-1, as amended by Act 2009-546 of the 2009 Regular Session (Acts 2009, p. 1446), in which the majority of the voters voting in the municipal option election voted to not allow the sale, distribution, and consumption of alcoholic beverages within the municipality are hereby declared dry and shall continue to be dry unless and until the municipality, in any subsequent municipal option election held pursuant to this chapter, elects to change to a wet municipality, provided no such subsequent election shall be held sooner than 720 days following the previous election.
(Act 2015-1, §1.)
The distribution of funds pursuant to Chapter 28, Title 40, and Chapter 3, Title 40, both as amended, shall not be affected by this article. County school systems may receive revenue from the sale of alcoholic beverages upon approval by the city council of said municipality or by the sale of alcoholic beverages authorized by a municipal option election pursuant to this article.
(Acts 1984, No. 84-408, p. 955, §2.)
It is hereby declared the intention and the purpose of this article to permit an election by the citizens of certain municipalities to determine the wet or dry status of such municipalities with regard to the sale, distribution, and consumption of alcoholic beverages within the corporate limits of such municipalities; and further that such election shall be provided only in those municipalities which can provide safeguards for the protection of the public welfare, health, peace, and morals of the people. In the furtherance of the protection of the public welfare, health, peace, and morals, the Legislature has determined that a population classification should be established to provide this method of municipal option election only in those municipalities with a population of 1,000 or more people within a county, it being the judgment of the Legislature that municipalities with a lesser population would be unable to support and maintain such protection where such municipality is located in a dry county, whereas a municipality of 1,000 or more population would have the resources and ability to support and maintain such safeguards.
(Acts 1984, No. 84-408, p. 955, §3; Act 2009-546, p. 1446, §1; Act 2015-2, §1.)
[Repealed]
Repealed by Act 2009-546, p. 1446, §3, effective May 14, 2009.
(Acts 1984, No. 84-408, p. 955, §4.)
In addition to the procedure established pursuant to Article 1, the governing body of any Class 1, 2, or 3 municipality or any municipality having a population of 18,500 or more, which is legally wet, and which has previously annexed or hereinafter annexes territory into the municipality which lies in a county which is legally dry, shall, before the annexed territory becomes wet, pass an ordinance calling for a city-wide referendum to be held to determine whether the annexed portions of the municipality shall be legally wet as herein provided. If the governing body of the municipality adopts an ordinance determining that all of the area within the corporate limits of the municipality should be legally wet, and if this decision is approved at a subsequent referendum called to decide this issue, alcoholic beverages may be lawfully sold, distributed, and consumed within the newly annexed portions of corporate limits of the municipality. If a municipality adopts such an ordinance, and if the results of the subsequent referendum are in favor of making the annexed portions of the municipality wet as evidenced by a majority of the electors of the municipality voting in the referendum voting in favor of the proposition, all of the provisions of this title, relating to alcoholic beverages in wet counties, including Chapters 3, 3A, 6, and 7, shall be immediately put into operation with respect to and effective throughout the corporate limits of the municipality. If, however, after the passage of an ordinance, the called referendum shall fail, the annexed portions of the municipality shall remain legally dry, but the vote shall not affect the wet status of those portions of the municipality which were legally wet before the referendum was conducted.
(Act 2003-277, p. 668, §1.)
AMENDED BY ACT 2026-504, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
As used in this title, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine.
(2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons.
(3) BEER, or MALT OR BREWED BEVERAGES. Any beer, lager beer, ale, porter, malt or brewed beverage, or similar fermented beverage containing one-half of one percent or more of alcohol by volume and not in excess of thirteen and nine-tenths percent alcohol by volume, brewed or produced from malt, wholly or in part, or from rice, grain of any kind, bran, glucose, sugar, or molasses. A beer or malt or brewed beverage may incorporate honey, fruit, fruit juice, fruit concentrate, herbs, spices, or other flavorings during the fermentation process. The term does not include any product defined as liquor, table wine, or wine.
(4) BOARD. The Alcoholic Beverage Control Board.
(5) BRANDY. All beverages that are an alcoholic distillate from the fermented juice, mash, or wine of fruit, or from the residue thereof, produced in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to the beverage, as bottled at not less than 80 degree proof.
(6) CARTON. The package or container or containers in which alcoholic beverages are originally packaged for shipment to market by the manufacturer or its designated representatives or the importer.
(7) CIDER. A fermented alcoholic beverage made from apple juice and containing not more than 8.5 percent alcohol by volume.
(8) CLUB.
a. Class I. A corporation or association organized or formed in good faith by authority of law and which must have at least 150 paid-up members. It must be the owner, lessee, or occupant of an establishment operated solely for the objects of a national, social, patriotic, political, or athletic nature or the like, but not for pecuniary gain, and the property as well as the advantages of which, belong to all the members and which maintains an establishment provided with special space and accommodations where, in consideration of payment, food with or without lodging is habitually served. The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation, and ballot, and charge and collect dues from elected members.
b. Class II. A corporation or association organized or formed in good faith by authority of law and which must have at least 100 paid-up members. It must be the owner, lessee, or occupant of an establishment operated solely for the objects of a national, social, patriotic, political, or athletic nature or the like. The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation, and ballot, and charge and collect dues from elected members.
(9) CONTAINER. The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public.
(10) CORPORATION. A corporation or joint stock association organized under the laws of this state, the United States, or any other state, territory or foreign country, or dependency.
(11) DELIVERY. The transportation of alcoholic beverages directly from a retail licensee of the board to an individual, pursuant to Section 28-1-4 and Section 28-3A-13.1.
(12) DELIVERY SERVICE LICENSE. A license issued by the Alabama Alcoholic Beverage Control Board in accordance with Section 28-3A-13.1 that authorizes the licensee, the licensee’s employees, or independent contractors under a contractual or business arrangement with the licensee to transport and deliver alcoholic beverages.
(13) DRY COUNTY. Any county which by a majority of those voting voted in the negative in an election heretofore held under the applicable statutes at the time of the election or may hereafter vote in the negative in an election or special method referendum hereafter held in accordance with Chapter 2, or held in accordance with the provisions of any act hereafter enacted permitting such election.
(14) DRY MUNICIPALITY. Any municipality within a wet county which has, by its governing body or by a majority of those voting in a municipal election heretofore held in accordance with the provisions of Section 28-2-22, or in a municipal option election heretofore or hereafter held in accordance with the provisions of Act 84-408, Acts of Alabama 1984, appearing as Chapter 2A, or any act hereafter enacted permitting municipal option election, voted to exclude the sale of alcoholic beverages within the corporate limits of the municipality.
(15) EMPLOYEE. An individual to whom an employer is required to issue a W-2 tax form under federal law.
(16) GENERAL WELFARE PURPOSES. All of the following:
a. The administration of public assistance as set out in Sections 38-2-5 and 38-4-1.
b. Services, including supplementation and supplementary services under the federal Social Security Act, to or on behalf of persons to whom public assistance may be given under Sections 38-2-5 and 38-4-1.
c. Service to and on behalf of dependent, neglected, or delinquent children.
d. Investigative and referral services to and on behalf of needy persons.
(17) HEARING COMMISSION. A body appointed by the board to hear and decide all contested license applications and all disciplinary charges against any licensee for violation of this title or the rules of the board.
(18) HOTEL. A building or buildings held out to the public for housing accommodations of travelers or transients, and shall include motel, but shall not include a rooming house or boarding house.
(19) IMPORTER. Any person, association, or corporation engaged in importing alcoholic beverages, liquor, wine, or beer, manufactured outside of the United States of America into this state or for sale or distribution in this state, or to the board or to a licensee of the board.
(20) INDEPENDENT CONTRACTOR. An individual to whom an employer is required to issue a 1099 tax form under federal law.
(21) KEG. A pressurized factory sealed container with a capacity equal to or greater than five U.S. gallons, from which beer is withdrawn by means of an external tap.
(22) LIQUOR. Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous, or otherwise alcoholic, and all drinks or drinkable liquids, preparations, or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine.
(23) LIQUOR STORE. A liquor store operated by the board, where alcoholic beverages other than beer are authorized to be sold in unopened containers.
(24) MANUFACTURER. Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board.
(25) MEAD. An alcoholic beverage produced by fermenting a solution of honey and water with grain mash and containing not more than 18 percent alcohol by volume.
(26) MEAL. A diversified selection of food some of which is not susceptible of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.
(27) MINOR. Any person under 21 years of age; provided, however, in the event Section 28-1-5, shall be repealed or otherwise shall be no longer in effect, thereafter the provisions of Section 26-1-1, shall govern.
(28) MUNICIPALITY. Any incorporated city or town of this state to include its police jurisdiction.
(29) PERSON. Every natural person, association, or corporation. Whenever used in a clause prescribing or imposing a fine or imprisonment, or both, such term as applied to association shall mean the partners or members thereof and as applied to corporation shall mean the officers thereof, except as to incorporated clubs the term person shall mean such individual or individuals who, under the bylaws of such clubs, shall have jurisdiction over the possession and sale of liquor therein.
(30) POPULATION. The population according to the last preceding or any subsequent decennial census of the United States, except where a municipality is incorporated subsequent to the last census, in which event, its population until the next decennial census shall be the population of the municipality as determined by the judge of probate of the county as the official population on the date of its incorporation.
(31) RESTAURANT. A reputable place licensed as a restaurant, operated by a responsible person of good reputation and habitually and principally used for the purpose of preparing and serving meals for the public to consume on the premises.
(32) RETAILER. Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer.
(33) SALE or SELL. Any transfer of liquor, wine or beer for a consideration, and any gift in connection with, or as a part of, a transfer of property other than liquor, wine, or beer for a consideration.
(34) SELLING PRICE. The total marked-up price of spirituous or vinous liquors sold by the board, exclusive of taxes levied thereon.
(35) TABLE WINE. Except as otherwise provided in this subdivision, any wine containing not more than 24 percent alcohol by volume. Table wine does not include any wine containing more than sixteen and one-half percent alcohol by volume that is made with herbs or flavors, except vermouth, or is an imitation or other than standard wine. Table wine is not liquor, spirituous, or vinous.
(36) UNOPENED CONTAINER. A container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.
(37) WET COUNTY. Any county which by a majority of those voting voted in the affirmative in an election heretofore held in accordance with the statutes applicable at the time of the election or may hereafter vote in the affirmative in an election or special method referendum held in accordance with Chapter 2, or other statutes applicable at the time of the election.
(38) WET MUNICIPALITY. Any municipality in a dry county which by a majority of those voting voted in the affirmative in a municipal option election heretofore or hereafter held in accordance with the provisions of Act 84-408, Acts of Alabama 1984, appearing as Chapter 2A of this title, as amended, or any act hereafter enacted permitting municipal option election, or any municipality which became wet by vote of the governing body or by the voters of the municipality heretofore or hereafter held under the special method referendum provisions of Section 28-2-22, or as hereafter provided, where the county has become dry subsequent to the elected wet status of the municipality.
(39) WHOLESALER. Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only.
(40) WINE. All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §§1, 60; Acts 1967, No. 301, p. 839; Acts 1986, No. 86-212, p. 264, §1; Acts 1991, No. 91-211, p. 393, §1; Acts 1997, No. 97-419, p. 704, §1; Act 98-505, p. 1171, §1; Act 2009-509, p. 947, §1; Act 2009-771, p. 2380, §1; Act 2010-607, p. 1478, §1; Act 2013-204, p. 431, §2; Act 2016-97, p. 133, §1; Act 2021-188, §2; Act 2021-454, §1.)
(a) This chapter shall be deemed an exercise of the police power of the State of Alabama for the protection of the public welfare, health, peace and morals of the people of the state and to prohibit forever the open saloon, and all of the provisions of this chapter shall be liberally construed for the accomplishment of this purpose.
(b) Except as otherwise expressly provided in this chapter, the purpose of this chapter is to prohibit transactions in liquor and alcohol and malt or brewed beverages which take place wholly within the state, except by and under the control of the board as specifically provided in this chapter, and every section and provision of this chapter shall be construed accordingly. The provisions of this chapter, through the instrumentality of the board and otherwise, provide the means by which such control shall be made effective. This chapter shall not be construed as forbidding, affecting or regulating any transaction which is not subject to the legislative authority of this state.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §2.)
The provisions of this chapter shall not apply to ethyl alcohol intended for use or used for the following purposes:
(1) For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes;
(2) For use by those authorized to procure the same tax-free as provided by acts of Congress and regulations promulgated thereunder;
(3) In the manufacture of denatured alcohol produced and used as provided by acts of Congress and regulations promulgated thereunder;
(4) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes;
(5) In the manufacture of flavoring extracts and syrups unfit for beverage purposes; or
(6) In the manufacture of an alternative fuel source for motor vehicles unfit for beverage purposes.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §1; Acts 1967, No. 301, p. 839; Act 2009-651, p. 2005, §1.)
(a) No manufacturer and no officer or director of any manufacturer shall at the same time be a distributor, wholesaler or retail dispenser or an officer, director or stockholder or creditor of any distributor, wholesaler or retail dispenser, nor, except as provided in this section, be the owner, proprietor or lessor of any place covered directly or indirectly by any distributor’s or wholesaler’s malt or brewed beverage liquor license.
(b) No distributor or wholesaler and no officer or director of any distributor or wholesaler shall at the same time be a manufacturer or retailer or be an officer, director, stockholder or creditor of a manufacturer or retailer or be the owner, proprietor or lessor of any place covered by any other malt or brewed beverage or liquor license.
(c) No licensee licensed under this chapter shall directly or indirectly own any stock of, or have any financial interest in, any other class of business licensed under this chapter.
(d) Except as provided in this section, no manufacturer, wholesaler or distributor shall in any wise be interested, either directly or indirectly, in the ownership or leasehold of any property or in any mortgage against the same for which a liquor or retail dispensers’ license is granted, nor shall a manufacturer, wholesaler or distributor, either directly or indirectly, lend any moneys, credit or equivalent thereof to any retailer in equipping, fitting out or maintaining and conducting, either in whole or in part, an establishment or business operated under a liquor retail dispensers’ license, excepting only the usual and customary credits allowed for returning packages or containers in which malt or brewed beverages were packed for market by the manufacturer.
(e) Except as provided in this section no manufacturer shall in any wise be interested, directly or indirectly, in the ownership or leasehold of any property or any mortgage lien against the same, for which a distributor’s or wholesaler’s license is granted nor shall a manufacturer, either directly or indirectly, lend any moneys, credit or their equivalent to any distributor or wholesaler in equipping, fitting out or maintaining and conducting, either in whole or in part, an establishment or business where malt or brewed beverages are licensed for sale by a distributor or wholesaler, excepting only the usual credits allowed for the return of packages or containers in which malt or brewed beverages were originally packed for the market by the manufacturer.
(f) No distributor, wholesaler or retail dispenser shall in any wise, either directly or indirectly, receive any credit, loan, moneys or the equivalent thereof from any other licensee or from or through a subsidiary or affiliate of another licensee or from any firm, association or corporation, except a banking institution, in which another licensee or any officer, director or firm member of another licensee has a substantial interest or exercises a control of its business policy for equipping, fitting out, payment of license fee or maintaining and conducting, either in whole or in part, an establishment or business operated under a distributor’s, wholesaler’s or retail dispenser’s license, excepting only the usual and customary credits allowed for the return of packages or containers in which malt or brewed beverages were packed for the market by the manufacturer.
(g) The purpose of this section is to require a separation of the financial and business interest between the various classes of business regulated by this chapter, and no person or corporation shall by any device whatsoever directly or indirectly, evade the provisions of this section.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §41.)
Any retail dealer of alcoholic beverages enumerated and defined in this chapter purchasing or receiving such commodities from without the state, whether the same shall have been ordered or purchased through a wholesaler or jobber in this state or by drop shipment or otherwise, shall, within 12 hours of receipt of such alcoholic beverages, mail by registered or certified mail a true duplicate invoice of all such purchases or receipts to the board at Montgomery, Alabama, said invoice carrying the name of the person or firm from whom or through whom such purchases or shipments of the alcoholic beverages were received and showing kinds and quantities.
Any retail dealer failing or refusing to furnish duplicate invoices in both the manner and time allowed shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 for each offense or by imprisonment in the county jail for a period not exceeding 60 days.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §48.)
All common carriers, contract carriers, buses and trucks transporting alcoholic beverages may be required under regulations to be prescribed by the board to transmit to said board a periodic statement of such consignments or deliveries of alcoholic beverages, showing date, point of origin, point of delivery, to whom delivered and time of delivery.
All common carriers, contract carriers, buses or trucks shall permit the examination by the board or its agents of their records relating to shipment or receipt of alcoholic beverages at any time and place the board or its agents may deem it advisable and necessary to the enforcement of this chapter. Inspectors or any duly authorized agents of the board, on proper identification, may make such examination.
Any person, firm, corporation, partnership or association of persons who refuses to transmit to the board the statements provided for in this section or who refuses to permit the examination of his records by the board or its duly authorized agent shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00 nor more than $500.00 for each offense.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §53.)
It shall be the duty of every person, firm, corporation, club or association of persons, receiving, storing, selling or handling alcoholic beverages enumerated in this chapter in any manner whatsoever to keep and preserve all invoices, books, papers, cancelled checks or other memoranda touching the purchase, sale, exchange or receipt of any and all such alcoholic beverages for a period of three years.
All such invoices, books, papers, cancelled checks or other memoranda shall be subject to audit and inspection by any duly authorized representative of the board at any and all times.
Any person, firm, corporation, club or association of persons who fails or refuses to keep and preserve the records as required by this section or who upon request by a duly authorized agent of the board fails or refuses to allow an audit or inspection of records as provided in this section shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than $50.00 nor more than $200.00, or by imprisonment in the county jail for a period not to exceed 90 days for each offense.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §55.)
(a) Every wholesale dealer or distributor in this state shall, before shipping, delivering or sending out any one or more articles taxed in this chapter to any dealer in this state or for sale in this state, cause the same to have the requisite denominations and amount of stamps, crowns or lids to represent the tax affixed as stated in this chapter and, in the case of stamps, shall cause the same to be cancelled by writing or stamping across the face thereof the number of such wholesale dealer or distributor, said number to be applied by the board, and every wholesale dealer or distributor shall at the time of shipping or delivering any one or more articles taxed in this chapter make a true duplicate invoice of the same showing the date, amount and value of each class of articles shipped or delivered and retain a duplicate thereof, subject to the audit and inspection of the board, its authorized agents and representatives for three years.
(b) Wholesale dealers or distributors in this state who ship, deliver or send any one or more articles taxed in this chapter to the United States government for sale or distribution to any military, naval or marine reservation owned by the United States government within this state shall be required to carry out the provisions set out in this chapter for such sales or deliveries.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §61.)
Each and every wholesaler or distributor qualifying as such with the board shall be required to file a report between the first and tenth of each month, covering the purchase or receipt by them of all alcoholic beverages enumerated and defined in this chapter during the preceding month. Said report shall give in detail the different kinds and quantities of alcoholic beverages so purchased or received by them during the preceding month.
Any wholesaler or distributor failing or refusing to file the above report in the manner and time allowed shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $500.00 for each offense.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §56.)
Every wholesale dealer or distributor shall furnish to the board a monthly report between the first and tenth of each month for the preceding month of all orders for alcoholic beverages enumerated and defined in this chapter purchased through said wholesale dealer or distributor from without the state on a drop shipment and consigned directly to the person, firm, corporation or association of persons ordering such alcoholic beverages from without this state through such wholesale dealer or distributor.
Any wholesale dealer or distributor who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or imprisonment in the county jail for a period of six months or both at the discretion of the court.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §47.)
(a) Where goods, wares, or merchandise enumerated in this chapter are sold or shipped to any person, firm, corporation, or association of persons in another state, the seller or shipper in this state shall make and preserve for three years a duplicate invoice bill, giving the name of the person, firm, corporation, or association of persons to whom shipped, delivered, or sold, the date of sale or shipment, and the quantity of the merchandise sold or shipped. The seller in this state shall have on file a freight, express, or postal receipt for the merchandise showing that the merchandise was turned over to a common carrier engaged in interstate commerce. If the merchandise is delivered by a conveyance belonging to a seller in this state, the seller shall have on file a receipt signed by the purchasers showing the goods, wares, or merchandise were received by him or her in another state. All of the above records shall at all times be subject to the inspection and audit of any duly authorized agent of the board.
Notwithstanding any law to the contrary, no tax levied pursuant to this chapter shall be collected on any goods, wares, or merchandise purchased from the Alcoholic Beverage Control Board for export to another country provided all of the following conditions are met:
(1) The exporter is approved by the board based on any reasonable criteria set by the board by rule.
(2) The goods, wares, or merchandise are picked up by the exporter from the central distribution location of the board.
(3) The exporter operates only in a duty free zone.
(4) The exporter is subject to audit and inspection by the board.
The board may adopt any rules necessary to carry out the intent of this provision.
(b) Any goods, wares, or merchandise enumerated in this chapter that are sold to the United States government for army, navy, or marine purposes and which are shipped from a point within this state to a place which has been lawfully ceded to the United States government for army, navy, or marine purposes shall be subject to the same provisions as mentioned in subsection (a) for goods, wares, or merchandise sold or shipped to another state. Goods, wares, or merchandise enumerated in this chapter sold or delivered to ships belonging to the United States Navy for distribution and sale to members of the military establishment only or sold and delivered to ships regularly engaged in foreign or coastwise shipping between points in this state and points outside this state, shall be subject to the same provisions as mentioned in subsection (a) for goods, wares, or merchandise sold or shipped to another state.
(c) The board may promulgate rules and regulations from time to time to prevent any abuse of the provisions contained in this section.
(d) Any person, firm, corporation, or association of persons found guilty of violating any of the provisions of this section or who receives or stores any of the articles of alcoholic beverages enumerated in this chapter for sale within the State of Alabama shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six months or both at the discretion of the court.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §59; Acts 1995, No. 95-546, p. 1146, §1.)
Any person, firm, corporation, club or association of persons who purchases or receives or who brings into the state in any manner whatsoever any of the articles of alcoholic beverages enumerated in this chapter which does not have affixed revenue stamps, crowns or lids or stamps or identification as described in this chapter shall, within three days of the receipt of such articles of alcoholic beverages, report the receipt or purchase of said alcoholic beverages to the board, giving the date of purchase or receipt, the name of person or firm from whom purchased or received and a list describing the articles of alcoholic beverages so purchased or received. This report must be made by registered or certified mail or in person.
Any person, firm, corporation, club or association of persons who fails or refuses to make the report as required in this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $5.00 nor more than $100.00 or imprisoned in the county jail not to exceed 30 days for each offense.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §66.)
No alcoholic liquors or beverages of any kind shall be sold in this state which are manufactured in any state which by its laws or, in the opinion of the board, by its practices, discriminates with respect to the sale within such state against alcoholic liquors or beverages manufactured, distributed or sold at wholesale in Alabama.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §77.)
If any taxes or penalties imposed by this chapter remain due and unpaid for a period of 10 days, the board shall issue a warrant of execution directed to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any, and the cost of executing the warrant and to return such warrant to the board and to pay it the money collected by virtue thereof.
Upon receipt of such execution, the sheriff shall file with the clerk of the circuit court of his county a copy thereof and thereupon the clerk of the circuit court shall enter in his abstract of judgments the name of the taxpayer mentioned in the warrant and in proper columns the amount of tax with penalties and costs for which the warrant is issued and the date and hour when such copy is filed and shall index the warrant upon the index of judgments.
The sheriff shall thereupon proceed upon the warrant in all respects with like effect and in the same manner prescribed by law in respect to executions issued against the property upon judgments of a court of record and shall be entitled to the same fees for services in executing the warrant to be collected in the same manner. He shall make return of such execution to the board within 30 days of issuance thereof.
The taxes and penalties imposed by this chapter shall be deemed a debt owing to the state by the party against whom the same shall be charged and shall be a preferred lien upon all property of the party against whom the same shall be charged.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §67.)
(a) Regularly licensed physicians, dentists or any person holding a license to practice medicine or to engage in any profession wherein the treatment of the human body or of an animal body is necessarily involved, clinics, noncommercial laboratories, manufacturing establishments, hospitals or sanatoria may acquire, own and dispense for medicinal, mechanical, scientific or other nonbeverage purposes only any alcoholic beverage, wine or ethyl alcohol.
(b) Any minister, pastor or officer of a regularly organized religious congregation or church and any other person who, under the ritual of any recognized religious denomination is authorized or required to use wine for sacramental or religious purposes in the ceremonies or ritual of such religious denominations, may acquire, own and use wine for such purposes only.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §74; Acts 1943, No. 257, p. 229, §1.)
There shall be no electric signs, painted signs or signs of any kind displayed outside any place of business advertising alcoholic beverages, as enumerated and defined in this chapter. There shall be no advertising of alcoholic beverages, as enumerated and defined in this chapter, except through newspapers, magazines, radio broadcasting stations, commercial vehicles used for transportation of alcoholic beverages and billboards located in “wet” counties, as defined in this chapter; provided, that there shall be no advertising of alcoholic beverages by means of billboards located in “dry” counties, as defined in this chapter.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §12; Acts 1978, No. 434, p. 442.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T, 29, §73; Acts 1971, No. 975, p. 1741.)
Nothing contained in this chapter shall be construed as repealing any of the laws of Alabama relating to the manufacture or possession of illicit distilled liquor or apparatus for the manufacture of same nor any law now fixing fees to officials for the enforcement of any and all laws, but the same shall remain in full force and effect.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §75.)
Any person, firm or corporation subject to any of the taxes levied under the provisions of this chapter who engages in or permits any practices prohibited by the rules and regulations of the board or who by any other practice makes it difficult to enforce the provisions of this chapter or who, upon demand of the board or of any officer or agent of the board, refuses to allow full inspection of the premises or any part thereof or who shall hinder or in any wise delay or prevent any such inspection when demand is made therefor or who in any way interferes with any agent of the board in the performance of his duties in enforcing any of the provisions of this chapter relating to the confiscation of alcoholic beverages deemed by such agent of the board to be contraband as provided in this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $200.00 for each offense, or may be imprisoned in the county jail for a period not exceeding 90 days, or both, in the discretion of the court.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §54.)
Any person who violates any of the provisions of this chapter for which a penalty is not provided or any rule or regulation promulgated in conformity with this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 for each offense and, in addition, may be imprisoned in the county jail for a period not to exceed six months.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §44.)
Wherever in this chapter a jail sentence is provided as alternative punishment for a violation of any of its provisions, the court trying such case may, in lieu of and instead of said jail sentence, sentence one convicted for violation of any provisions of this chapter to hard labor for the county for the same period of time as provided for the jail sentence.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §76.)
The board, upon good cause shown, may in its discretion remit a part of the penalties prescribed in this chapter, but in no case shall it accept less than the minimum penalty provided for each offense.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §62.)
(a) In any county or municipality where the Sunday sale of alcoholic beverages is otherwise authorized by law, including the sale for on-premises consumption at a time after 10:00 a.m., the sale of alcoholic beverages on Sunday may be authorized for on-premises consumption commencing on Sunday at 10:00 a.m., and thereafter, by the county commission outside of the corporate limits of any municipality or the municipal governing body within the corporate limits of a municipality by ordinance or by resolution of the appropriate governing body.
(b) This section shall not apply to any county or municipality where the sale of alcoholic beverages on Sunday was authorized by a local law setting a later time for the sale of alcoholic beverages on Sunday and the local law was subject to approval at a referendum unless the application of this section to the county or municipality is subsequently approved by a referendum held in the county or municipality. The county or municipal governing body may set the referendum by ordinance or resolution in conjunction with any other countywide or municipal election as the case may be.
(c) This section shall not affect the authority of the Legislature by local law to extend the time of Sunday sales of alcoholic beverages to an earlier time than the time authorized in this section.
(d) This section shall not apply in a county where the sale of alcoholic beverages is authorized by a local constitutional amendment.
(e) The provisions of this section are supplemental and shall not be construed to repeal any other law except to the extent of any conflict.
(Act 2017-444, §§1-3.)
(a)(1) Subject to subdivision (2), in any wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic beverages on Sunday after the hour of two o’clock a.m., for on-premises or off-premises consumption, or both, as determined by the county commission or as specified in the referendum, if applicable, by retail licensees of the Alcoholic Beverage Control Board.
(2) The county commission of any wet county, by resolution, may require a referendum to be held to determine whether Sunday sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county commission, the county shall hold the referendum and if a majority of the voters voting thereon vote in favor of the question, then the sale of alcoholic beverages shall be permitted and regulated as specified in the referendum.
(b)(1) Subject to subdivision (2), in any wet municipality, the local governing body or as specified in the referendum, if applicable, by ordinance, may permit and regulate the sale of alcoholic beverages on Sunday after the hour of two o’clock a.m., for on-premises or off-premises consumption, or both, as determined by the local governing body, by retail licensees of the Alcoholic Beverage Control Board.
(2) The governing body of any wet municipality, by ordinance, may require a referendum to be held to determine whether Sunday sales of alcohol shall be permitted in the municipality. Upon passage of a resolution by the governing body, the municipality shall hold the referendum and if a majority of the voters voting thereon vote in favor of the question, then the sale of alcoholic beverages shall be permitted and regulated as specified in the referendum.
(Act 2019-100, §2.)
The Alcoholic Beverage Control Board shall consist of three persons, appointed by the Governor with the advice and consent of the Senate, one of whom shall be designated by the Governor to be the chair of the board. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
Each member of the board at the time of his or her appointment and qualification shall be a resident of the State of Alabama and shall have resided in the state for a period of at least 10 years next preceding his or her appointment and qualification, and he or she shall also be a qualified voter therein.
The term of office of each member appointed shall be six years from the time of his or her appointment and qualification and until his or her successor shall qualify. In case any member shall be allowed to hold over after the expiration of his term, his or her successor shall be appointed for the balance of the unexpired term. Vacancies in the board shall be filled by the Governor for the unexpired term. Each member shall be eligible for reappointment in the discretion of the Governor.
No person shall be eligible for appointment or shall hold the office of member of the board or be appointed by the board or hold any office or position under the board who has any connection with any association, firm, person, or corporation engaged in or conducting any alcoholic liquor business of any kind or who holds stocks or bonds therein or who has pecuniary interest therein, nor shall any such person receive any commission or profit whatsoever from, or have any interest whatsoever in any purchase or sales of any alcoholic liquors; provided, however, that if any member of the board is appointed when the Senate is not in session, such member shall hold office until the Senate has had an opportunity to reject or confirm his or her appointment.
Members of the board may be suspended or removed by the Governor at his or her pleasure.
Each member of the board, before entering upon the discharge of his or her duties, shall give bond payable to the State of Alabama, in form approved by the Attorney General, in such penalty as shall be fixed from time to time by the Governor, with some surety or guaranty company duly authorized to do business in Alabama and approved by the Governor, as security, conditioned upon the faithful discharge of his or her duties. The premium of such bond shall be paid by the state and the bonds shall be filed as bonds of other state officers.
The office of the board shall be in the City of Montgomery, Alabama. The board shall meet at such times within the City of Montgomery, Alabama, as the board shall determine and the members thereof shall be entitled to their reasonable expenses and per diem for each meeting so attended. A majority of the members shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the board.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §3; Act 2016-62, §3.)
Each member of the board shall be entitled to receive $25.00 for each day actually engaged in the performance of his duties, not to exceed $2,500.00 for any year. The Governor, at his discretion, however, may at any time issue an executive order that any member of said board shall serve without compensation. In such event, and until such executive order is rescinded, any such member shall not be entitled to any compensation whatsoever for the performance of his duties as a member of said board, but he shall be entitled to the expenses provided by law for members of said board while engaged in the performance of their duties.
(Acts 1951, Ex. Sess., No. 4, p. 167, §3.)
(a) The board shall appoint an administrator who, under the supervision of the board, shall administer the provisions of this chapter. Before entering upon the duties of his office, the administrator shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $25,000.00, for the faithful performance of his duties. The premiums on the bond of the administrator shall be paid out of moneys derived from any operation under the provisions of this chapter.
The administrator, with the approval of the board and subject to the provisions of the Merit System, shall appoint all necessary clerks, stenographers, inspectors and chemists and other employees to enforce properly the provisions of this chapter. No person shall be eligible for any appointment who has any financial connection whatever with any person engaged in or conducting any liquor business of any kind or who holds stock or bonds therein and who has any pecuniary interest therein, nor shall any such person receive any commission or profit whatever from or have any interest whatsoever in the purchase or sales made by persons authorized by this chapter to manufacture, purchase, sell or otherwise deal in the liquor business.
The administrator shall act as manager, secretary and custodian of all records unless the board shall otherwise order.
The administrator shall devote his entire time to said office.
The administrator, with the approval of the board, shall fix the duties of all employees authorized by this chapter.
The administrator shall be at the time of his appointment a resident of the State of Alabama, and he shall have resided in the state for at least five years continuously prior to his appointment. He shall be a man of good moral character and not less than 35 years of age.
(b) It shall be the duty of the board, during the month of October of each year, to make a report to the Governor concerning its administration of this chapter.
(c) The provisions of this chapter shall not prevent any officer, member, agent or employee of the board from purchasing and keeping in his possession for the personal use of himself, members of his family or guests, liquor or malt or brewed beverages which may be purchased or kept by any person by virtue of this chapter.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Acts 1939, No. 107, p. 139; Code 1940, T. 29, §4; Acts 1951, No. 614, p. 1060, §1; Acts 1967, Ex. Sess., No. 172, p. 221.)
(a) The functions, duties and powers of the board shall be as follows:
(1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages in its possession for sale, as defined and enumerated in this chapter.
(2) To control the possession, sale, transportation and delivery of alcoholic beverages as enumerated and defined in this chapter.
(3) To determine the localities within which any state store shall be established and operated and the location of such store. No store shall be established in and neither the board nor any other person may legally buy, manufacture or sell alcoholic beverages in any county which has voted in the negative in any election called as provided in Chapter 2 of this title for determining the said issue unless and until said county has at a subsequent similar election voted in the affirmative. The board shall have the power to establish and maintain state stores for the sale of liquors as defined in this chapter; provided, that municipalities may by proper zoning ordinances establish zones or districts within which such liquor stores may or may not be established; provided further, that the number of liquor stores in any municipality shall be limited to two such stores for municipalities of 25,000 population or less according to the last or any subsequent federal census and, in municipalities having more than 25,000 population, such additional stores as the board, in its discretion, may determine.
(4) To make provision for the maintenance of warehouses for alcoholic beverages and to control the delivery of alcoholic beverages to and from such warehouses and the keeping of the same therein.
(5) To operate distilleries and to manufacture alcoholic beverages if, in the opinion of the board, the purposes of this chapter can be thereby promoted. The price of all spiritous and vinous liquors dispensed by the board shall be fixed by the board, and the location of liquor stores shall not be adjacent to schools or churches or in a neighborhood which is exclusively residential. Neither the board nor any state store operated by it shall in any manner advertise its wares for sale.
(6) To appoint, subject to the provisions of the Merit System, every officer, agent, inspector, investigator and employee, in accordance with the qualifications specifically set out in this chapter, required for the operation of the business of said board, commission such agents, inspectors or investigators as necessary to make arrests and execute search warrants and have the same authority as designated to peace officers as now authorized by law, assign all employees their official positions and titles, define their respective duties and powers, require them or any of them to give bonds payable to the state in such penalty as shall be fixed by the board and engage the services of experts and persons engaged in the practice of a profession.
(7) To control the manufacture, possession, sale, consumption, importation, use and delivery of liquor, alcohol and malt and brewed beverages in accordance with the provisions of this chapter and to fix the wholesale and retail prices at which liquor shall be sold at Alabama liquor stores. The board shall require each Alabama manufacturer and each nonresident manufacturer of distilled liquors selling distilled liquors to the board to make application for and be granted a permit by the board before distilled liquors shall be purchased from such manufacturer. The board before issuing such permit shall collect from each applicant a permit fee of $15.00, which sum shall be paid annually thereafter on application. In the event that any such manufacturer shall, in the opinion of the board, sell distilled liquors to the board through another person for the purpose of evading this provision relating to permits, the board shall require such person before purchasing distilled liquors from him or it to take out a permit and pay the same fee as hereinbefore required to be paid by such manufacturer. All permit fees so collected shall be paid into the State Stores Fund.
(8) To grant, issue and suspend or revoke for cause liquor licenses and alcohol permits as provided in this chapter.
(9) To grant, issue and suspend or revoke for cause malt or brewed and vinous beverages licenses as provided in this chapter.
(10) To lease and furnish and equip such buildings, rooms and other accommodations as shall be required for the operation of this chapter. To determine the nature, form and capacity of all packages to be used for containing liquor, alcohol or malt or brewed beverages to be kept or sold under this chapter and to prescribe the form and contents of all labels and seals to be placed thereon.
(11) To purchase from time to time the necessary stamps, crowns or lids, in a quantity sufficient for a period not to exceed six months, for identifying each article sold or distributed by or through the said state liquor stores. All liquors, vinous beverages and alcohol sold or distributed by the board or any licensee of said board shall be stamped or endorsed in such characteristic way or manner to be determined by the board as shall clearly indicate that it has been dispensed by the board, and all such liquors, vinous beverages or alcohol not containing such label shall be contraband and subject to forfeiture as other contraband liquors.
(12) To require all wholesalers who make sales of alcoholic beverages of any kind as defined in this chapter to any state store to forward, when the shipments of such alcoholic beverages are made, to the board an invoice setting out the quantities of beverages purchased, and the price quotation showing at what price such beverages were sold and such invoice and quotation to be placed on record in the records of the Alcoholic Beverage Control Board of the State of Alabama and to be held for a period of not less than 18 months.
(b) The Alcoholic Beverage Control Board shall be subject to regular examinations by the Examiners of Public Accounts the same as all other state agencies.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §5; Acts 1957, No. 373, p. 501; Acts 1961, No. 869, p. 1362.)
Notwithstanding any other provision of this title, the board may acquire and hold, in its own name, real property by purchase, gift, or other lawful means, except eminent domain, solely for the purpose of owning and operating a warehouse or warehouses.
(Act 2024-357, §1.)
(a) The board is hereby authorized and empowered to lease trucks, road tractors and trailers and similar equipment when needed for the transportation of alcoholic beverages purchased, stored or sold by it, but only on condition that such equipment will be maintained by the lessor. The consideration for any such leased equipment to be paid by the board shall be based on fair rental value of the equipment leased, and the cost of transportation with leased equipment shall not be in excess of the cost of transportation by common motor carrier service.
(b) The board is also authorized and empowered to employ drivers or operators of any equipment leased by it, without regard to the provisions of the Merit System Act.
(Acts 1955, No. 193, p. 478.)
(a) The board is authorized, empowered and directed to supervise the conduct, management and operation of the sale and distribution within this state of all malt or brewed beverages as defined in this chapter and vinous beverages of an alcoholic content of not to exceed 24 percent by volume.
(b) The board is authorized and directed to collect all licenses and taxes levied in this chapter accruing from the sale, distribution, receipt or storing for the purpose of sale within this state any and all malt and vinous beverages enumerated and defined in this chapter.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §42.)
The board shall administer and enforce the taxes imposed by this chapter. It shall have the power to enter upon the premises of any taxpayer to examine, or cause to be examined by any agent or representative designated by it for that purpose, any books, papers, records or memoranda, bearing upon the amount of taxes payable, and to secure other information directly or indirectly relating to the enforcement of this chapter.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §65.)
The board may, with the approval of the Governor, temporarily close all licensed places within any municipality during any period of emergency proclaimed to be such by the Governor.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §21.)
The board shall design the form and kind of stamps, crowns or lids to be used and shall duly adopt and promulgate such form of stamps, crowns or lids. Such stamps, crowns or lids so adopted and promulgated shall be known and termed as “Alabama Revenue Stamps, Crowns or Lids” and in any information or indictment, it shall be sufficient to describe the stamps, crowns or lids as “Alabama Revenue Stamps, Crowns or Lids.”
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §60.)
(a) The board shall have authority to promulgate rules and regulations not inconsistent with this chapter for carrying out the provisions of this chapter and to alter, repeal or amend such regulations. Such rules and regulations shall have the full force and effect of law.
(b) Prima facie evidence of any such regulation may be given in all courts and proceedings by the production of what purports to be an official printed copy of such regulation, alteration, repeal or amendment.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §§6, 44, 52.)
The board shall provide by rules and regulations the methods of breaking packages, the forms and kinds of containers, the methods of affixing the stamps required for the payment of the tax imposed by the provisions of this chapter and also for such inspection as may be necessary to enforce effectively the payment of such taxes.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §54.)
The board may promulgate rules and regulations governing the affixing of stamps, crowns or lids on any articles or commodities handled by persons, firms or corporations operating on interstate common carriers.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §52.)
The books and records of the board shall at all times be subject to examination and audit by the Department of Finance. The board shall keep a complete and accurate record of all its actions and devise and install a system of accounts as the Department of Finance shall approve and direct. All records of the board shall be public records. The cost of such installation, examinations and audits by the Department of Finance shall be a charge against the moneys collected under this chapter. At least one audit of the operations of the board shall be made each year by the Examiner of Public Accounts.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Acts 1936-37, Ex. Sess., No. 204, p. 244; Code 1940, T. 29, §9; Acts 1943, No. 391, p. 361.)
All moneys received by said board from licenses, taxes and earnings shall be paid, as directed by the provision of law under which such moneys are received, into either the General Fund of the state or the appropriate trust funds of the state, and all claims against said moneys shall be handled by said board as provided by law.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §71.)
(a) There shall be no distribution of any taxes collected on alcoholic beverages sold by the Alabama Alcoholic Beverage Control Board or of any funds distributed as net profits by said board for at least 25 days beginning October 1, 1983, for at least 55 days by September 30, 1984, for at least 85 days by September 30, 1985, for at least 115 days by September 30, 1986, for at least 120 days by September 30, 1987, and thereafter, from the close of the month in which the said taxes or said funds are realized. The moneys so realized are intended for use by said board for inventory purposes.
(b) Any funds accumulated as working capital under Section 28-3-74(d) shall be distributed to the several beneficiaries on the same basis as withheld on the next distribution of profits to such beneficiaries by the Alabama Alcoholic Beverage Control Board after October 1, 1984.
(Acts 1982, No. 82-436, p. 686, §§1, 2.)
(a) The word board, wherever used in this section, shall mean the Alabama Alcoholic Beverage Control Board provided for in Chapter 3, Title 28. The term mark up, wherever used in this section shall mean the percentage amount added to cost plus freight on spirituous or vinous liquors sold by the board, exclusive of taxes heretofore levied with respect thereto.
(b) The total amount of the additional mark up on cost of merchandise, levied by the Alcoholic Beverage Control Board subsequent to June 30, 1983, shall be designated to the credit of the General Fund of the state.
(c) The board shall be prohibited from increasing the mark up on wholesale case lot sales of liquor above 16.99 percent of the cost plus freight subsequent to December 1, 2004.
(Acts 1983, No. 83-427, p. 607, §§1, 2; Act 2004-266, p. 368, §1; Act 2010-607, p. 1478, §1.)
Where any licensee of the Alcoholic Beverage Control Board in the payment of taxes or licenses which are paid directly to the board, and where, by a mistake of fact or law, has paid an amount in excess of the amount due or has made an erroneous payment, or where taxes have been prepaid to the board and the alcoholic beverages upon which the tax has been prepaid is, prior to the sale of the same at retail, lost or destroyed by fire, theft or casualty or is damaged by fire or other casualty resulting in destruction of or damage to the beverages or beverage containers, the Comptroller is authorized to draw his warrant on the Treasurer in favor of such licensee, and the Treasurer is authorized to pay such warrant for the amount of such overpayment or erroneous payment or prepayment of taxes or licenses. Provided, however, claims for less than $250.00 must be accumulated until a total claim of at least $250.00 has been reached or for a period of three years, whichever first occurs.
Before any refund under this section can be made the licensee, its heirs, successors or assigns, shall file in duplicate, petition directed to the board, setting up the fact relied on to procure the refunding of the money erroneously paid or prepaid. Such application must be made within three years from the date of such payment. The board shall examine said petition and the records of the licensee and the board, and if the facts set forth in the petition are such as to entitle the petitioner to the refunding of the money as prayed for and the board, upon the evidence adduced, is satisfied that the petitioner is entitled to the refund as prayed for, it shall so certify to the Comptroller stating the amount to be refunded by the state and the particular fund on which such warrant shall be drawn, and forward to the Comptroller a copy of the petition with the certificate attached, and if the Comptroller shall be satisfied that the petition is in form required by law, he shall draw his warrant on the Treasurer as hereinbefore provided for the amount certified to him by the board.
(Acts 1979, No. 79-309, p. 462.)
(a) The Law Enforcement Division of the Alabama Alcoholic Beverage Control Board, for the procurement of evidence to aid in the criminal enforcement of the laws of this state, may establish a fund known as the “Cost of Evidence Fund” in the amount of one hundred thousand dollars ($100,000). This fund is to be administered by the Administrator of the Alcoholic Beverage Control Board, and upon approval, the State Comptroller shall draw a warrant on the State Treasury to create this fund. It shall be the responsibility of the Administrator of the Alcoholic Beverage Control Board to insure that the fund is maintained at an amount not to exceed one hundred thousand dollars ($100,000), and upon presentation to the Comptroller of the properly documented expenditures the Comptroller shall cause a warrant to be drawn to replenish this fund. The fund shall be managed by the Administrator of the Alcoholic Beverage Control Board to make such distributions from this fund to Alcoholic Beverage Control Board agents as deemed necessary.
(b) The Alabama Alcoholic Beverage Control Board may expend moneys for the purposes authorized in subsection (a), which moneys shall be paid from the funds appropriated to the Law Enforcement Division of the Alcoholic Beverage Control Board for “other expenses.”
(Acts 1979, No. 79-699, p. 1243; Acts 1996, No. 96-477, p. 594, §1.)
(a) The net profits derived from the proceeds of the Alabama liquor stores in each fiscal year, including all tax levied upon the selling price of all spirituous or vinous liquors, less all cost and expense of collecting said tax, up to and including $2,000,000, shall be paid out and applied as follows:
(1) Fifty percent shall be covered into the General Fund of the Treasury of the state;
(2) Nineteen percent shall be covered into the Treasury of the state to the credit of the State Department of Human Resources to be used, and the same is hereby appropriated exclusively, for old age assistance and for other purposes of the State Department of Human Resources;
(3) Ten percent shall be covered into the Treasury of the state to the credit of the wet counties of the state and shall be divided equally among each of said counties and shall be paid to them and shall be covered by them into their respective general funds;
(4) One percent shall be paid into the Treasury of the state to the credit of the wet counties of the state and shall be divided equally among each of said counties and shall be paid to them to be used by them exclusively for the purposes of public health; and
(5) Twenty percent shall be covered into the Treasury of the state and shall be paid to the incorporated municipalities in which Alabama liquor stores are located on the following basis: Each municipality in which an Alabama liquor store is located shall receive as its percentage or portion of said 20 percent an amount equal to the ratio of the profits earned by such municipality’s Alabama liquor store or stores to the total net profits of all Alabama liquor stores.
(b) If the net profits derived from the proceeds of said Alabama liquor stores in any such fiscal year, including all tax levied upon the selling price of all spirituous or vinous liquors, less all cost and expense of collecting said tax, shall exceed the sum of $2,000,000 such excess, up to and including $200,000, shall be apportioned among and paid to the several incorporated cities and towns in the wet counties, in the state on the basis of the ratio of the population of each such city or town to the total population of all such cities and towns.
Beginning October 1, 2002, any remainder of such excess over said $200,000 shall be apportioned and paid out as follows:
(1) Three and three-fourths percent of such remainder for each fiscal year thereafter shall be apportioned among and paid to the wet counties in the state for general purposes on the basis of the ratio of the population of each such county of the population of all such counties;
(2) Six and one-fourth percent of such remainder for each fiscal year thereafter shall be apportioned among and paid to the aforesaid incorporated cities and towns in the wet counties in the state on the basis of the ratio of the population of each such city or town to the total population of such cities and towns;
(3) One and one-fourth percent of such remainder for each fiscal year thereafter shall be apportioned among and paid to such of said several cities and towns as may have one or more Alabama liquor stores therein upon the basis of the ratio of the population of each such liquor store city or town to the total population of all such liquor store cities and towns. Each and every amount received by any city or town out of said remainder shall be for general purposes;
(4) Three and three-fourths percent of such remainder shall be covered into the Treasury of the state to the credit of the State Department of Human Resources to be used for general welfare purposes; and
(5) Eighty-five percent of such remainder for each fiscal year thereafter shall be paid to the state for general purposes.
Populations shall be ascertained for the purposes of distribution under this subsection according to the last decennial federal census preceding commencement of the fiscal year for which distribution is to be made.
(c) Distribution of net profits (including all taxes levied upon the selling price of spirituous or vinous liquors) under subsections (a) and (b) of this section shall be made from time to time during the fiscal year for which net profits (including all taxes levied upon the selling price of spirituous liquors) are to be ascertained according to reasonable estimates of profits (including all taxes levied upon the selling price of spirituous or vinous liquors) for such year and such amounts to be paid beneficiaries or recovered from beneficiaries at the end of the year as will net beneficiaries the correct amounts for the year prescribed for them by subsections (a) and (b) of this section. Payments to counties and municipalities will be made semiannually on or before February 1 and August 1 of each year.
(d) Repealed by Acts 1982, No. 82-436, §3.
(e) The board shall, on receipt of proof that a county has changed its status from a dry county to a wet county, accept such county as a beneficiary for participation in the ABC system profits as provided by law at the beginning of the next fiscal quarter of the board’s fiscal year. The board shall, on receipt of proof of the incorporation of a newly created municipality in a wet county and the population thereof, accept the municipality as a beneficiary for participation in the ABC system profits as provided by law at the beginning of the next fiscal quarter of the board’s fiscal year.
(Acts 1943, No. 255, p. 226; Acts 1951, No. 526, p. 915; Acts 1978, 2nd Ex. Sess., No. 92, p. 1786, §4; Acts 1981, 3rd Ex. Sess., No. 81-1137, p. 411, §1; Acts 1982, No. 82-436, p. 686, §3; Act 2001-891, 3rd Sp. Sess., p. 713, §1.)
(a) The transfers from the operating funds of the Alcoholic Beverage Control Board to the State General Fund and state agencies in the State General Fund budget acts for the fiscal years 1989-90 through 2001-2002 shall be in lieu of the distribution required by Section 28-3-74 for each of those fiscal years. Beginning with the State General Fund budget act for fiscal year 2002-03, no transfers shall be made from the operating funds of the ABC Board to the State General Fund or other state agencies.
(b) In the event the Alabama ABC Board or the Governor of the State of Alabama, the state Comptroller or any other state official or officer is required to pay any judgment or attorney fees in any lawsuit challenging the funding mechanisms under this section or Section 28-3-74, or in the event the Alabama ABC Board or the Governor of the State of Alabama, the state Comptroller or any other state official or officer is required to pay any judgment or attorney fees in the lawsuit styled City of Pelham, Alabama v. Alabama Alcoholic Beverage Control Board, et al. case number CV-2000 750-PR, the Alabama Alcoholic Beverage Control Board or the Governor of the State of Alabama, the state Comptroller or any other state official or officer shall be reimbursed for such judgment and fees out of payments from Section 28-3-74(a)(3) and Section 28-3-74(a)(5) before any amount is distributed to any wet city or county.
(c) It is the intent of the Legislature that this section and Section 28-3-74 be construed as retroactive and curative. All transfers or distributions of net profits from state liquor stores to the State General Fund authorized in general appropriation acts from October 1, 1989, until September 14, 2001, shall be deemed as having been transferred or distributed under the authority of this section and Section 28-3-74.
(Act 2001-891, 3rd Sp. Sess., p. 713, §§2, 3, 5.)
(a) For the purposes of this section, the following words and phrases shall have the following meanings:
(1) MANUFACTURER. Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of liquor, alcohol, malt and brewed beverages, or vinous beverages.
(2) WINE WHOLESALER, DISTRIBUTOR, OR JOBBER. Any person, association, or corporation licensed by the board to engage in the sale and distribution of table wine within counties in which this chapter applies, at wholesale only, to be sold for export or to licensees within this state authorized by their licenses to sell wine.
(3) WINE RETAILER. Persons, corporations, or associations licensed by the board to engage in the retail sale of table wine to be consumed off the premises and who do not possess a state liquor license.
(4) TABLE WINE. Any wine containing not more than 16.5 percent alcohol by volume.
(b) In all counties having a population of not less than 300,000 nor more than 500,000 according to the 1970 or any subsequent federal decennial census, table wines may be sold at retail by any licensed wine retailer for off-premises consumption only. A wine wholesaler may sell to a wine retailer table wines that have been purchased from a licensed manufacturer.
(c) In all counties having a population of not less than 500,000 according to the 1970 or any subsequent federal decennial census, table wines may be sold at retail by any licensed wine retailer for off-premises consumption only. A wine wholesaler may sell to a wine retailer table wines that have been purchased from a licensed manufacturer.
(d) In all counties having a population of not less than 115,000 nor more than 130,000 according to the 1970 or any subsequent federal decennial census, table wines may be sold at retail by any licensed wine retailer for off-premises consumption only. A wine wholesaler may sell to a wine retailer table wines that have been purchased from a licensed manufacturer.
(e) A license may not be issued by the board unless the applicant is a citizen of the United States or legally present in this state.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §24; Acts 1951, No. 614, p. 1060, §4; Acts 1973, No. 863, p. 1351, §2; Acts 1973, No. 1053, p. 1688, §2; Acts 1973, No. 1054, p. 1693, §2; Act 98-505, p. 1171, §1; Act 2008-90, p. 116, §3; Act 2009-509, p. 947, §1; Act 2010-607, p. 1478, §1.)
The words and phrases used in this article shall have the meanings ascribed to them in Section 28-3-1.
(Acts 1979, No. 79-802, p. 1475, §5.)
(a) Levy. In addition to the licenses provided for by Chapter 3A of this title, there is hereby levied a privilege or excise tax on every person licensed under the provisions of said Chapter 3A who sells, stores or receives for the purpose of distribution, to any person, firm, corporation, club or association within the State of Alabama any malt or brewed beverages. The tax levied hereby shall be measured by and graduated in accordance with the volume of sales by such person of malt or brewed beverages, and shall be an amount equal to $.05 for each 12 fluid ounces or fractional part thereof.
(b) Collection. The tax levied by subsection (a) of this section shall be collected by the Alabama Alcoholic Beverage Control Board and said tax shall be added to the sales price of all malt or brewed beverages sold, and shall be collected from the purchasers. It shall be unlawful for any person, firm, corporation, club or association who is required to pay the tax in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that the tax levied is in fact a tax on the consumer, with the person, firm, corporation, club or association who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax.
Except as hereinafter provided, the tax levied by subsection (a) of this section shall be collected by a return which shall be filed by the wholesaler or distributor with the Alcoholic Beverage Control Board postmarked not later than the last day of the month following the month of receipt of the malt or brewed beverages by the wholesaler or distributor from the manufacturer, which return shall be accompanied by the remittance of the tax due. Provided, however, for malt or brewed beverages received during the month of October, 1979, the return and remittance of tax shall be filed with the board postmarked not later than November 10, 1979, and for malt or brewed beverages received during the month of November, 1979, the return and remittance of tax shall be filed with the board postmarked not later than December 20, 1979.
The board shall have the authority to examine the books and records of any person, firm, corporation, club or association who sells, stores or receives for the purpose of distribution, any malt or brewed beverages, to determine the accuracy of any return required to be filed with the board.
(c) Disposition of proceeds. The proceeds of the tax levied by subsection (a) of this section shall be paid into the State Treasury to be distributed as follows:
(1) One-half cent of said proceeds shall be paid into the State Treasury to the credit of the wet counties in the state and shall be divided and distributed equally on or before the fifteenth day of each month to said counties;
(2) One cent of said proceeds shall be paid into the State Treasury to the credit of the state Public Welfare Trust Fund and shall be used for general welfare purposes. As used in this section, the phrase “general welfare purposes” means:
a. The administration of public assistance as set out in Sections 38-2-5 and 38-4-1;
b. Services, including supplementation and supplementary services under the federal Social Security Act, to or on behalf of persons to whom such public assistance may be given under Sections 38-2-5 and 38-4-1;
c. Services to and on behalf of dependent, neglected or delinquent children; and
d. Investigative and referral services to and on behalf of needy persons.
(3) Two cents of said proceeds shall be paid into the State Treasury to the credit of the Education Trust Fund, and so much thereof as may be necessary for the purpose is hereby appropriated to pay the principal of and interest on bonds not exceeding $30,000,000.00 in aggregate principal amount, issued and sold by the public corporation known as the Alabama Trade School and Junior College Authority.
(4) The residue of one and one-half cents shall be paid into the State Treasury credited to the General Fund of the state.
(Acts 1979, No. 79-802, p. 1475, §1; Acts 1997, No. 97-146, p. 185, §1.)
The tax levied by subsection (a) of Section 28-3-184 shall not be imposed upon the sale, trade or barter of malt or brewed beverages by one licensed wholesaler or distributor to another wholesaler or distributor licensed to sell and handle malt or brewed beverages in this state, which transaction is hereby made exempt from said tax; provided, however, that the board may require written reporting of any such transaction in such form as the board may prescribe.
(Acts 1979, No. 79-802, p. 1475, §2.)
(a) Every wholesaler licensee collecting taxes on malt or brewed beverages levied by this article shall timely pay the same to the board as provided in this article.
(b) If any taxes levied by this article remain due and unpaid for a period of 10 days beyond the due date, the wholesaler licensee serving as collection agent for the board shall be required to pay as part of the taxes so levied a penalty of not less than $50.00 nor more than $500.00 to be assessed and collected by the board.
(c) Any wholesaler who fails timely to pay any tax levied by this article shall be subject to disciplinary action by the hearing commission and, upon being adjudged guilty, shall be subject to revocation or suspension of license.
(d) If any taxes or penalties imposed by this article remain due and unpaid for a period of 10 days, the board shall issue a warrant or execution directed to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any, and the cost of executing the warrant, and to return such warrant to the board and to pay it the money collected by virtue thereof. Upon receipt of such execution, the sheriff shall file with the clerk of the circuit court of his county a copy thereof and thereupon the clerk of the circuit court shall enter in his abstract of judgments the name of the taxpayer mentioned in the warrant and in proper columns the amount of tax, with penalties, and costs for which the warrant is issued and the date and hour when such copy is filed, and shall index the warrant upon the index of judgments. The sheriff shall thereupon proceed upon the warrant in all respects with like effect and in the same manner prescribed by law in respect to executions issued against the property upon judgments of a court of record and shall be entitled to the same fees for services in executing the warrant to be collected in the same manner. He shall make return of such execution to the board within 30 days of issuance thereof. The taxes and penalties imposed by this article shall be deemed a debt owing to the state by the party against whom the same shall be charged and shall be a preferred lien upon all property of the party against whom the same shall be charged.
(Acts 1979, No. 79-802, p. 1475, §3; Acts 1997, No. 97-146, p. 185, §1.)
Any laws or parts of laws to the contrary notwithstanding, no manufacturer, importer or wholesaler licensee of vinous liquor and brandy, as defined by Section 28-3-1, shall be required to comply with the provisions of laws, rules, or regulations relating to the state labeling of certain containers of alcoholic beverages by such manufacturer, importer, or wholesaler licensees.
(Acts 1990, No. 90-576, p. 981; Acts 1991, No. 91-211, p. 393, §1; Act 2010-607, p. 1478, §1.)
(a) Levy. In addition to the excise tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter 3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto or substituted therefor, and municipal and county licenses, there is hereby levied a privilege or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores, or receives for the purpose of distribution, to any person, firm, corporation, club, or association within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated in accordance with the volume of sales by such person of beer, and shall be an amount equal to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces or fractional part thereof.
(b) Collection. The tax levied by subsection (a) of this section shall be added to the sales price of all beer sold, and shall be collected from the purchasers. It shall be unlawful for any person who is required to pay the tax in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that the tax levied is in fact a tax on the consumer, with the person, firm, corporation, club or association who pays the tax in the first instance acting merely as an agent of the county or municipality for the collection and payment of the tax.
The tax levied by subsection (a) of this section shall be collected by a return in the form as prescribed or approved by the collection authority of the county or municipality, which shall be filed by the wholesaler with the wet county and wet municipality where sold postmarked not later than the 15th day of the month following the month during which the beer is sold, which return shall be accompanied by the remittance of the tax due; provided, where the taxes are timely paid, the tax due shall be discounted by two and one-half percent, which discount shall, subject to the provisions of Section 28-3-195, be retained by the wholesaler for collecting the tax.
The county and municipality each shall have the authority to inspect, examine and audit the books and records of any person, firm, corporation, club, or association who sells, stores, or receives for the purpose of distribution, any beer, to determine the accuracy of any return required to be filed with it.
The county shall have the authority to require any beer wholesaler not having a place of business within that county, who makes any sale, distribution or delivery of beer within the county to first obtain a permit from the beer tax collection authority of the county collecting the tax levied by this article.
The county and municipality shall have the authority to require any wholesale beer licensee, who sells, distributes or delivers beer within the county, to file with the tax collection authority a bond in the penal sum not to exceed twice the amount of the average monthly tax due by the licensee to such authority estimated by such tax collection authority, conditioned upon the payment of the tax on beer levied by this article to become due by the licensee.
(c) Disposition of proceeds. The proceeds of the tax levied by subsection (a) of this section shall be paid and distributed as follows:
(1) Except as hereinafter provided in subdivision (2) or (3) of this subsection (c), one and six hundred twenty-five thousandths cents (1.625 cents) per four fluid ounces or fractional part thereof shall be paid by wholesale licensees on their sales either into the treasury of the wet municipality in which the beer was sold or delivered by a wholesaler to a retailer within its corporate limits, or, where sold outside the corporate limits of any municipality, into the treasury of the wet county in which the beer was sold or delivered by the wholesaler to a retailer.
(2) Provided, however, such tax shall otherwise be paid and disposed of in the following counties, as hereinafter set forth:
a. Autauga County: The entire amount of the tax collected on sales outside of the area comprised by the corporate limits and police jurisdictions of the Cities of Prattville and Autaugaville shall be paid to the Autauga County Commission. Outside the corporate limits but within the police jurisdictions of the municipalities, two-thirds of the amount of the tax shall be paid to the county commission and one-third shall be paid to the respective municipality. Within the actual corporate limits of Autaugaville and Prattville, two-thirds of the tax shall be paid to the governing body of the respective municipality and one-third shall be paid to the county commission.
b. Baldwin County: The taxes shall be paid as follows:
All the taxes collected on sales within the corporate limits of any municipality shall be paid to the municipality.
One-half the taxes collected on sales within the police jurisdiction of any municipality shall be paid to the municipality and the remaining one-half shall be paid to the county.
All of the taxes on sales outside the corporate limits of any municipality and outside of any police jurisdiction shall be paid to the local board of education with the funds to be used for capital outlay, maintenance of existing buildings and instructional materials.
c. Calhoun County: The entire amount of the tax shall be collected by the Calhoun County Probate Judge and paid to the Calhoun County Commission. All such taxes, after first reimbursing the county general fund for expenses incurred in administration and enforcement of the tax, shall be distributed as follows:
Six-ninths of the total amount of the tax shall be turned over by it to the custodian of county school funds. The county board of education shall immediately divide the funds with the city boards of education within the county on the same basis as the total calculated costs of the Foundation Program for the local boards of education within the county.
One-ninth of the total amount of the tax or $150,000.00, whichever is greater, shall be paid to the Calhoun County Economic Development Council.
The balance of the total amount of the tax shall be distributed to certain municipalities as follows:
Anniston28 1/2 %Oxford21 1/2 %Jacksonsville28%Piedmont17%Hobson City2%Ohatchee2%Weaver1%
d. Chambers County: The entire amount of the tax shall be paid to the Chambers County Commission or like governing body of Chambers County, which, after the payment of all cost of collection and enforcement, shall distribute the net proceeds as follows:
Fifty percent be prorated among the local boards of education for educational purposes on the basis of the previous year’s net enrollment of pupils;
Fifty percent be prorated among the Chambers County Commission General Fund and the municipalities within the county, with each municipality receiving the amount that its population bears to the entire population of the county, and the general fund of the county receiving the amount that the population of the county outside the corporate limits of the municipalities bears to the entire population of the county according to the latest federal census. In the event of the incorporation of any new municipalities, the proration shall be based on the official population of the municipality at the time of incorporation. Any annexation shall accrue to the city annexing according to the population annexed.
Fifteen percent of the amount prorated to the county general fund in subparagraph 2 of this paragraph shall be prorated among the fire and rescue squads located within the county.
e. Choctaw County: The entire amount of tax shall be paid to the probate judge and, after reimbursement of two and one-half percent for services distributed as follows:
(i) One-third to the Choctaw County Rescue Squad.
(ii) One-third to the Choctaw County Historical Society.
(iii) One-third to the Choctaw County Library System.
Of remainder, $20,000.00 to Choctaw County Board of Education.
Remainder up to $90,000.00 to the county and municipalities on the basis of population.
Of revenue in excess of $90,000.00, 20 percent to the county board of education and remainder to the county and municipalities on the basis of population.
f. Colbert County: One cent per twelve fluid ounces or fractional part thereof on all beer sold, within the county shall be paid to the probate judge and the proceeds shall be distributed by him or her as follows:
Two-fifths to the hospital fund of the county;
One-fifth to the county board of education for the benefit of the schools outside of the Cities of Sheffield and Tuscumbia;
One-tenth to the Tuscumbia Board of Education for the benefit of the schools of the City of Tuscumbia;
One-tenth to the Sheffield Board of Education for the benefit of the schools of Sheffield; and
One-fifth to the general fund of the county.
For such services, the probate judge shall be entitled to commissions of two and one-half percent of all taxes collected.
The remainder of the tax shall be paid to the municipalities where sold.
g. Conecuh County: The entire amount of the tax shall be paid to the Treasurer of Conecuh County, who, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall distribute the remainder of the proceeds of the tax as follows: one-third to be prorated between the municipalities of Evergreen, Repton and Castleberry upon the basis of their respective populations; one-third to be paid over to the general fund of the county; and one-third to be paid to the Conecuh County Board of Education to be expended for educational purposes.
h. Coosa County: The tax proceeds shall be paid by wholesalers as follows:
One cent per container sold within the corporate limits of the municipalities within the county shall be paid directly to the municipalities where sold.
The remainder of the tax shall be paid to the Coosa County Commission and shall be distributed as follows:
(i) Fifty percent shall be deposited in the public school fund of the county to be used solely for public school purposes of Coosa County.
(ii) Fifty percent shall be deposited in the general fund of the county for general purposes of the county.
i. Dale County: Any law to the contrary notwithstanding, in Dale County, the proceeds of the beer tax collected pursuant to this article shall be paid to the county commission and distributed as follows:
44.17 percent to the Dale County Commission;
The remaining 55.83 percent of the tax shall be distributed to each municipality according to beer sales in its respective corporate limits.
j. Dallas County: The entire amount of the tax collected on sales outside of the area comprised by the corporate limits and police jurisdiction of the City of Selma shall be paid to the Dallas County Commission, except that the entire tax collected on beer sales inside the corporate limits and police jurisdiction of the Town of Orrville shall be paid as follows: 72.23 percent shall be paid to the town and 27.77 percent shall be paid to the Dallas County Commission.
The tax collected on sales inside the corporate limits of the City of Selma and its police jurisdiction shall be paid as follows: 72.23 percent to be paid to the city and its board of education, with one-third of such 72.23 percent to be paid to the city and two-thirds of such 72.23 percent to be paid to the city board of education (the Board of Education of the City of Selma); and 27.77 percent to be paid to the Dallas County Commission.
k. Elmore County: The entire amount of tax shall be paid to the Elmore County Commission or other governing body of Elmore County and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed as follows: One-half of the net revenue from the tax shall be paid to Elmore County Board of Education; one-half the tax collected on sales inside the corporate limits of any municipality within the county and one-fourth of the taxes collected on sales made within the police jurisdiction of any municipality in the county shall be paid to such municipality; and the balance shall be paid into the Elmore County General Fund.
l. Escambia County: The entire amount of tax shall be paid to the Judge of Probate of Escambia County and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed, as follows: Two and one-half percent to the judge of probate; 60 percent of the remainder to be prorated among the municipalities within the county upon the basis of their respective populations; and 40 percent of the remainder to be prorated among the local boards of education for educational purposes on the basis of the previous year’s net enrollment of pupils.
m. Etowah County: The entire amount of tax shall be paid to the Etowah County Commission and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed, as follows:
For beer delivered for retail sale within the corporate limits of a municipality having a board of education, all such proceeds shall be distributed according to the following percentages: 20.83 1/3 percent to the Etowah County General Fund; 20.38 1/3 percent to the local boards of education of Etowah County, to be divided pro rata among them in accordance with the most recent average daily membership figures, to be used only for capital outlay purposes, renovation and repairs; 58.33 1/3 percent to the general fund of the municipality.
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 such 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; 20.83 1/3 percent to the local boards of education in Etowah County to be divided pro rata among them in accordance with the most recent average daily membership figures, to be used for capital outlay purposes, renovation, and repairs; 29.16 2/3 percent to the general fund of the municipality; 37.50 percent to the Etowah County General Fund.
For beer delivered for retail sale within the city or town limits of a municipality not having a board of education, all such 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 local boards of education in Etowah County, to be divided pro rata among them in accordance with the most recent average daily membership figures, to be used for capital outlay purposes, renovation and repairs; 33.33 1/3 percent to the general fund of the municipality; 25.00 percent to the Etowah County Board of Education to be used for capital outlay purposes, renovation and repairs;
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 such 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 local boards of education within Etowah County to be divided pro rata among them in accordance with the most recent average daily membership figures, to be used for capital outlay purposes, renovation and repairs; 25.00 percent to the Etowah County Board of Education, to be used for capital outlay purposes, renovation and repairs, 37.50 percent to the Etowah County General Fund.
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 such proceeds shall be distributed according to the following percentages: 20.83 1/3 percent to the local boards of education in Etowah County divided in accordance with the most recent average daily membership figures to be used for capital outlay purposes, renovation or repairs; 25.00 percent to the Etowah County Board of Education, to be used for capital outlay purposes, renovation or repairs; 54.16 2/3 percent to the Etowah County General Fund.
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 local boards of education in Etowah County to be divided pro rata among them in accordance with the most recent average daily membership figure to be used for capital outlay purposes, renovation and repairs; 16.66 2/3 percent to the municipalities in Etowah County within which draft beer is sold at retail, to be divided among them pro rata according to the population.
n. Greene County: The entire amount of the tax shall be paid to the Judge of Probate of Greene County and distributed by him or her as follows: two and one-half percent to the probate judge as commission for collection and administration; two-fifths of the remainder to the general fund of the county; two-fifths of the remainder to the county board of education; and one-fifth prorated among the municipalities within the county upon the basis of their respective populations.
o. Hale County: The entire amount of tax shall be paid to the Hale County Commission or like governing body of Hale County and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be prorated among the county and municipalities therein upon the basis of their respective populations.
p. Jefferson County: The tax as provided in subsection (a) of this section shall be paid by wholesalers to the Director of Revenue of Jefferson County. The tax received by the Director of Revenue shall be divided into Funds A, B and C. Fund A shall receive four-ninths of the tax received; Fund B shall receive two-ninths of the tax received; and Fund C shall receive three-ninths of the tax received. Funds A, B and C shall be distributed by the Director of Revenue on a monthly basis as follows:
(i) Two-eighths shall be paid to the county board of education for the payment of salaries of public school teachers.
(ii) Three-eighths shall be retained in the general treasury of the county.
(iii) Three-eighths shall be distributed to the incorporated municipalities within the county upon the basis of their respective populations, according to the federal census at the time the distribution is made.
Fund B shall be distributed to the municipalities in the county on the basis of the percentage of the beer taxed which was delivered to a retailer within the respective corporate limits of each municipality in the county.
Fund C shall be distributed as follows:
(i) Fifty percent, or $2,000,000.00 annually, whichever is the greater, shall be paid to the Birmingham-Jefferson County Transit Authority or its successor.
(ii) The balance shall be divided between the county and the incorporated municipalities within the county upon a population basis with the municipal share determined by the respective populations of the municipalities, and the county share by the population of the unincorporated areas thereof, according to the last federal census at the time the distribution is made.
(iii) Of the total amount of the county share, five percent shall be allocated for fire protection and paramedic services and equipment in fire districts in the unincorporated areas of the county. Such distribution shall be made to each such fire district on a pro rata basis that the number of homes and businesses served in that district bears to the total number of homes and businesses served in all such fire districts in the unincorporated areas.
q. Lee County: The entire amount of tax shall be paid to the Lee County Commission or like governing body of Lee County and shall be distributed to the custodian of the county school fund, the custodian of the Opelika City School Fund and the custodian of the Auburn City School Fund on the same basis as the total calculated costs of the Foundation Program for the local boards of education within the county. Provided however that any subsidy received shall be paid to the City of Auburn.
r. Lowndes County: The tax proceeds shall be paid by wholesalers as follows:
(i) One-third to municipalities that have an existing beer tax distributed on a population basis.
(ii) Two-thirds to go to all municipalities including those that have an existing beer tax distributed on a population basis.
(i) One-twelfth to the county board of education and three-twelfths to the probate judge for services rendered.
(ii) Two-thirds to the county commission for the performance of services.
s. Macon County: The entire amount of tax shall be paid to the Macon County Commission or like governing body of Macon County and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed by it as follows: Six-twelfths of the net proceeds shall be paid into the general fund of the county to be used for governmental purposes of the county as other moneys in the general fund; four-twelfths shall be apportioned and distributed to the City of Tuskegee and shall be deposited into its general fund to be used for governmental purposes of the city as other moneys in the general fund of the city are used; one-twelfth shall be apportioned and distributed to the Town of Notasulga and deposited into the general fund of the town to be used for governmental purposes of the town as are other moneys in the general fund of the town; one-twelfth shall be apportioned and distributed to the Town of Franklin and deposited into the general fund of the town to be used for governmental purposes of the town as are other moneys in the general fund of the town.
t. Madison County: The proceeds of the tax shall be paid by wholesalers to the county commission or like governing body and shall be distributed as follows:
One-eighteenth to the county general fund.
The remainder of the tax shall be distributed to the municipality where sold, including its police jurisdiction. Provided, however, that the following municipalities shall receive a dollar amount no less than the dollar amount actually received during the base year 1982:
Gurley
New Hope
Owens Crossroads
Triana
Madison
u. Marengo County: The entire amount of the tax shall be paid to the Probate Judge of Marengo County, who shall receive two and one-half percent of all taxes collected as compensation for administering this article and the remainder of the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed by him or her as follows: The municipalities shall receive the taxes paid on all sales within the corporate limits and police jurisdiction of each municipality, and the county shall receive the tax on all sales made outside the corporate limits and police jurisdictions of all municipalities within the county.
v. Mobile County: The entire amount of tax shall be paid to the License Commissioner of Mobile County and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be distributed by him or her as follows: One-half to the governing body of the municipality where the malt or brewed beverages are sold within its corporate limits; and the remainder to the Board of School Commissioners of Mobile County.
w. Perry County: The tax shall be paid to the county governing body and be distributed as follows:
(i) The taxes collected on sales within the corporate limits of the Municipality of Marion shall be paid to the municipality.
(ii) The taxes collected on sales within the corporate limits of the Municipality of Uniontown shall be paid to the municipality.
(iii) The taxes collected on sales outside the police jurisdiction of a municipality and outside the corporate limits of any municipality shall be retained by the county.
(iv) The taxes collected on sales outside of a municipality’s corporate limits but within the municipality’s police jurisdiction shall be distributed in the following manner:
Three-fourths of the tax proceeds shall be retained by the county.
One-fourth of the tax proceeds shall be paid to the municipality controlling the police jurisdiction.
x. Russell County: The taxes shall be paid and distributed as follows:
(i) All the taxes collected on sales within the corporate limits of the Municipality of Phenix City shall be paid to the municipality.
(ii) All the taxes collected on sales within the corporate limits of the Municipality of Hurtsboro shall be paid to the municipality.
(iii) One-half the taxes collected on sales within the police jurisdiction of Phenix City and Hurtsboro shall be paid to the respective municipality and the remaining one-half shall be paid to the county.
(iv) All of the taxes on sales outside the corporate limits of any municipality and outside of any police jurisdiction shall be paid to the county.
y. St. Clair County: The entire amount of tax shall be paid to the St. Clair County Commission or like governing body of St. Clair County 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 by it as follows: One-third cent per four fluid ounces or fraction thereof to the governing body of each municipality where beer is sold within its corporate limits and one-sixth cent per four fluid ounces or fraction thereof to the governing body of each municipality where beer is sold within its police jurisdiction; the remainder to be distributed as follows: 25 percent to be paid to the Road and Building Fund of the General Fund of St. Clair County, which money shall be used for the operation of the St. Clair County Road Department, in the building and maintenance of all public roads and bridges in the county; 20.83 1/3 percent of the remainder to the St. Clair County Board of Education; 8.33 1/3 percent of the remainder to the St. Clair County Library Board to be used by the board for the use of libraries and/or book mobiles throughout the county; and 45.83 1/3 percent to the General Fund of St. Clair County to be disbursed by the St. Clair County governing body as other funds of the county are disbursed.
z. Shelby County: The entire amount of tax shall be paid to the Shelby County Commission or like governing body of Shelby County to the credit of its county general fund and the net revenue, after first reimbursing the county general fund for all expenses incurred in the administration and enforcement of the tax, shall be disbursed as follows: Two-ninths of the net proceeds of such tax shall be paid to the Shelby County Board of Education; three-ninths of the net proceeds of such tax shall, on or before the 25th day of each month, be paid to the municipalities of Shelby County in the same ratio as the population of each municipality bears to the total population of all municipalities in Shelby County; two-ninths shall be paid into the Shelby County Law Enforcement Personnel Board Fund to be used for the purposes set forth in Act No. 79-524, Acts of Alabama 1979; and the remaining two-ninths of the net proceeds shall remain in the Shelby County General Fund to be disbursed by the county governing body.
aa. Sumter County: The entire proceeds of the tax shall be paid to the county treasurer. After the payment of all cost of collection and enforcement of the tax, the treasurer shall pay into the general fund of each incorporated municipality four-ninths of the revenue produced within the corporate limits of the municipality and the remainder shall be paid into the general fund of the county, from which $7,000.00 shall be credited to a legislative delegation fund to be controlled by the legislative delegation of Sumter County.
bb. Talladega County: The tax shall be paid to the probate judge and, after deduction of all expenses of collecting and administering the tax, the proceeds of the tax shall be distributed as follows: After determining net revenue received in the base year (county plus all municipalities), distribution of future revenue to each entity presently receiving beer tax distributions shall be in the same proportion as each entity’s revenue to the total net revenue was during the base year.
The following entities shall be entitled to a share of beer tax revenue:
Talladega CountyCommunity of MunfordTalladega County BoardCommunity of Eastabogaof EducationNorth Talladega County AssociationCity of Talladega for Retarded Citizens, Inc.City of SylacaugaSouth Talladega County AssociationCity of Childersburg for Retarded Citizens, Inc.City of Lincoln
Provided, however, that from the county share, the sum of $6,500.00 shall be spent as follows:
The sum of $1,500.00 per annum shall be spent in the unincorporated community of Eastaboga for public projects for the benefit of the community;
The sum of $2,500.00 per annum shall be spent in the unincorporated community of Munford to provide rural health care in the existing rural health clinic in the community; and
The sum of $2,500.00 per annum shall be spent in the unincorporated community of Munford for youth activities, including the construction, improvement, lighting and maintenance of athletic playing fields.
The North and South Talladega County Associations for Retarded Citizens, Inc. shall receive from the county the same proportion of revenue received during the base year (1982).
Provided further, that the Talladega County Board of Education shall divide its share of the beer tax revenue between itself and the city boards of education now existing within the county on the same basis as the total calculated costs of the Foundation Program for the local boards of education within the county.
cc. Tallapoosa County: The tax, after converting all sales to cases equivalent to 24 12-ounce containers and after deducting the two and one-half percent discount authorized by this article, shall be paid by wholesalers as follows:
Two cents per equivalent 12-ounce container sold or delivered to retail licensees within the county shall be paid to the custodian of public school funds of Tallapoosa County and shall be used and expended for public school purposes. Such funds shall be apportioned among the local boards of education on the same basis as the total calculated costs of the Foundation Program for the local boards of education within the county.
The remainder of the tax shall be paid to the county commission or like governing body and distributed as follows:
56.4 percent to Alexander City
43.6 percent to the county for distribution, based on sales, either into the treasury of the municipalities (except Alexander City) in which the beer was sold or delivered by a wholesaler to a retailer within its corporate limits, or, where sold outside the corporate limits of any municipality into the treasury of the county.
dd. Tuscaloosa County:
Forty-five percent of the tax shall be paid to the Probate Judge of Tuscaloosa County and shall by him or her be distributed in the same manner as provided in Act 556 of the 1953 Regular Session of the Alabama Legislature; and 55 percent shall be paid to the Probate Judge of Tuscaloosa County and shall by him or her be distributed in accordance with Act 81-739 of the 1981 Regular Session of the Alabama Legislature.
Any subsidy received by Tuscaloosa County pursuant to Section 28-3-196 shall be paid and distributed among the county, municipalities and the Tuscaloosa County Parks and Recreation Authority in accordance with the ratio of any net revenue loss of each such entity to the total subsidy paid to the county.
ee. Wilcox County: The entire tax revenue shall be paid to the Wilcox County Commission or like governing body of Wilcox County and disbursed as follows: Two and one-half percent of the gross tax receipts to be paid as to the Probate Judge of Wilcox County as a fee for the administration and enforcement; the remainder shall be disbursed as follows: 50 percent to be prorated between the incorporated municipalities in Wilcox County upon the basis of their respective populations; and 50 percent to be paid over to the general fund of the county. Provided, however, prior to the distribution provided for in this subsection, the sum of $400.00 per month shall be paid to the Wilcox County Civil Defense Agency.
(3) Or, such tax shall otherwise be paid and disposed of in accordance with and pursuant to any local act or general act of local application hereafter enacted with respect to any county directing a different disposition or apportionment of the proceeds of the tax.
(d)(1) For all purposes of enforcement of the provisions of this article, it is a prima facie presumption of law that any wholesaler or jobber subject to the article has accrued a liability for the taxes levied herein for the total amount of alcoholic beverages handled by it during any tax period under the article. The burden of proof is upon any such person to prove that any such alcoholic beverages disposed of in such a manner as not to become subject to the taxes imposed in this article were so disposed of in such a manner. It shall be the duty of any person subject to the privilege or license tax imposed by this article to keep full and complete records of all purchases, sales, receipts, inventories and of all other matters from which the correct amount of privilege or license tax to which such person is subject may be ascertained; and, in the event that such person shall discontinue his or her business, he or she shall not destroy or dispose of such records until he or she shall have given the probate judge of the county 30 days’ notice in writing of his or her intent to destroy or dispose of such records. The failure of such person to keep such records, or his or her destruction or disposition of such records without giving such notice, shall constitute a misdemeanor.
(2) Upon demand by the probate judge or his or her authorized deputy, auditor or representative, it shall be the duty of any such person subject to the privilege or license tax imposed by this article to furnish such demanding person, without delay, all such information as may be required for determination of the correct amount of privilege or license tax to which such person is subject, and to that end it shall be the duty of such person to submit to such demanding person, for inspection and examination, during reasonable hours, at such person’s place of business within the county, all books of accounts, invoices, papers, reports, memoranda containing entries showing the amount of purchases, sales, receipts, inventories, and any other information from which the correct amount of privilege or license tax to which such person is subject may be determined including exhibition of bank deposit books and bank statements; and any person failing or refusing to submit such records for such inspection and examination upon such demand, shall be guilty of a misdemeanor.
(3) If any person subject to the provisions of this article does not have in such person’s control or possession, within the county, true and intelligible books of account, invoices, papers, reports or memoranda correctly showing the data and information necessary for determination of the correct amount of the privilege or license tax due, or if, having in such person’s possession or under such person’s control such books, invoices, papers, reports or memoranda, such person shall fail or refuse to submit and exhibit the same for inspection and examination as herein required, then, in either event, it shall be the duty of the probate judge of the county to ascertain, from such information and data as he may reasonably obtain, the correct amount of license tax due from such person and immediate payment of the amount of such privilege or license tax shall be made.
(4) All records and reports filed in the probate office under this article shall be public records and shall be open to inspection by any person during all probate office hours.
(5) The probate judge of the county shall provide rules and regulations and administrative machinery for the enforcement and collection of the privilege or license taxes authorized by this article. Each municipality within the county shall provide aid and assistance in collecting the taxes herein provided for within its territory. The probate judge may employ a person or persons to act as inspectors and otherwise to assist in the enforcement of the provisions of this article. The salary and expenses of such inspectors shall be paid out of the county general fund in such manner as is provided by law. Such inspectors shall have the same powers relative to enforcement of the taxes hereby levied that law enforcement officers employed by the Alabama Alcoholic Beverage Control Board have relative to enforcing the state tax on spirituous liquors and on malt and brewed beverages. Any municipality in the county may also employ a special alcoholic beverage law enforcement officer for such municipality whose chief duty shall be enforcement of this article.
(6) In addition to all other records and reports required under this article, each wholesale distributor shall, by the twentieth day of each month, file a report with the probate judge showing his or her inventory of beer on the first day of the preceding month, by brand and type of container, his or her inventory of beer on the last day of the preceding month, an accounting for all beer broken or damaged during the preceding month, proof of state authorization for transfers to other wholesale distributors, and a record of all beer in transit to such distributor from breweries.
(7) In addition to all other records and reports required under this article, each private club shall file with the probate judge on or before the twentieth day of each month detailed inventory of all alcoholic beverages on hand on the first day and the last day of the preceding month, and a record of all purchases of alcoholic beverages made by it during the preceding month.
(8) In addition to all other reports and records required under this article, each retail beer seller shall file with the probate judge on or before the twentieth day of each month a detailed inventory of all beer on hand on the first day and the last day of the preceding month.
(9) The license of any wholesale distributor, private club, or retail seller failing or refusing to file the reports shall be suspended forthwith by the probate judge pending receipt of such report.
(e) The tax herein levied is exclusive and shall be in lieu of all other or additional local taxes and licenses, county or municipal, imposed on or measured by the sale or volume of sale of beer; provided that nothing herein contained shall be construed to exempt the retail sales of beer from the levy of a tax on general retail sales by the county or municipality in the nature of, or in lieu of, a general sales tax.
(Acts 1982, No. 82-344, p. 473, §1; Acts 1983, No. 83-641, p. 989; Acts 1988, 1st Ex. Sess., No. 88-950, p. 571; Acts 1995, No. 95-261, p. 445, §2; Act 2014-208, p. 607, §1.)
The tax levied by subsection (a) of Section 28-3-190 shall not be imposed upon the sale, trade or barter of malt or brewed beverages by one licensed wholesaler or distributor to another wholesaler or distributor licensed to sell and handle malt or brewed beverages in this state, which transaction is hereby made exempt from said tax; provided, however, that the board shall and the county or municipality may require written reporting of any such transaction in such form as the board may prescribe, or if no form is prescribed by the board, in such form as may be prescribed by the county or municipality.
(Acts 1982, No. 82-344, p. 473, §2.)
(a) It shall be unlawful:
(1) For any licensee to sell, give away or otherwise dispose of beer taxable under this article within this state on which the taxes required by this article have not been paid within 10 days after the date upon which they were due.
(2) For any wholesale beer licensee to fail to keep for a period of at least three years, complete and truthful records covering the operation of his license and particularly showing all purchases and sales of beer and the name and address of the vendor or vendee, or to refuse the governing authority of any county or municipality in which beer sales are made or any authorized employee or agent of the county or municipality, access to such records or the opportunity to make inspection, examination, audit or copies of the same when the request is made at any time during which the licensed premises are open for the transaction of business.
(3) For any wholesale beer licensee to refuse the governing authority of any county or municipality in which he sells beer, or any authorized employee or agent thereof or any duly commissioned law enforcement officer thereof the right to completely inspect the entire licensed premises at any time during which such premises are open for the transaction of business.
(4) For any person to knowingly or willfully make, exhibit or file a falsified return or any information upon which said return is based for the purpose of defrauding any county or municipality by evading the payment of the tax levied by this article.
(b) Any violation of subsection (a) of this section shall be a misdemeanor punishable by a fine of not less than $100.00 nor more than $1,000.00, to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than three months for the first conviction; and, on the second conviction of a violation of said subsection, the offense may, in addition to a fine within the limits above named, be punishable by imprisonment or at hard labor for the county for not less than three months nor more than six months to be imposed by the court or judge trying the case; and, on the third and every subsequent conviction of a violation of said subsection, the offense may, in addition to a fine within the limits above named, be punishable by imprisonment or at hard labor for the county for not less than six months nor more than 12 months.
(Acts 1982, No. 82-344, p. 473, §3.)
(a) Every wholesaler licensee collecting tax on beer levied by this article shall timely pay the same as provided in this article. Every such wholesaler licensee failing for a period of 10 days beyond the due date to pay the said tax due pursuant to this article shall be required to pay as part of the taxes imposed under this article a penalty of not less than $50.00, nor more than $250.00, to be assessed and collected by the authority to whom the taxes are to be paid. In addition to such penalty, any wholesaler licensee failing for a period of 10 days beyond the due date to pay all or any part of the tax due pursuant to this article shall not be entitled to deduct and retain the two and one-half percent discount prescribed in Section 28-3-190(b) hereof upon any portion of the tax which is not timely paid.
(b) If any taxes or penalties imposed by this article remain due and unpaid for a period of 10 days, the presiding officer of the affected governing body may issue a warrant or execution directed to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any, and the cost of executing the warrant, and to return such warrant to the governing body of the county or municipality and pay to it the money collected by virtue thereof. Upon receipt of such execution, the sheriff shall file with the clerk of the circuit court of his county a copy thereof and thereupon the clerk of the circuit court shall enter in his abstract of judgments the name of the taxpayer mentioned in the warrant and in proper columns the amount of tax, with penalties, and costs for which the warrant is issued and the date and hour when such copy is filed, and shall index the warrant upon the index of judgments. The sheriff shall thereupon proceed upon the warrant in all respects with like effect and in the same manner prescribed by law in respect to executions issued against the property upon judgments of a court of record and shall be entitled to the same fees for services in executing the warrant to be collected in the same manner. He shall make return of such execution to said governing body within 30 days of issuance thereof. The taxes and penalties imposed by this article shall be deemed a debt owing to the county or municipality by the party against whom the same shall be charged and shall be a preferred lien on all property of the party against whom the same shall be charged.
(Acts 1982, No. 82-344, p. 473, §4.)
Each county and municipality is authorized to fix a reasonable privilege or license fee on retail, importer and wholesale licensees, for the purpose of covering the cost of administration, but not to generate revenue. Provided, however, that a county or municipality shall levy no license or privilege tax or other charge for the privilege of doing business as a beer wholesaler, importer or retailer which shall exceed one-half the amount of the state license fee.
(Acts 1982, No. 82-344, p. 473, §5.)
(a) It is hereby declared the intention and purpose of this article to prescribe and levy an exclusive statewide local tax on the sale of beer for the protection of the public welfare, health, peace and morals of the people of this state and for the protection of revenues of the counties and municipalities in this state from avoidance and evasion.
(b) It is further declared to be the intention and purpose of this article to establish a system to phase out the projected loss of net revenue which would be experienced by those eligible counties, in which were imposed, as of October 1, 1981, a combined local tax rate on beer which exceeds the rate of the uniform tax levied on beer by this article.
(Acts 1982, No. 82-344, p. 473, §6.)
(a) When used in this section and in Section 28-3-195(b) and Section 28-3-197, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BEER TAX ESCROW FUND, or FUND. A fund established with the Alcoholic Beverage Control Board as escrow agent funded by payments made by wholesale beer licensees collecting the tax imposed by this article, such payments being made from the discount provided by Section 28-3-190(b). From the fund, the board shall pay to each eligible county the amount or amounts provided by this section for the purpose of phasing out the net revenue loss which would be experienced by eligible counties.
(2) ELIGIBLE COUNTY. Any wet county in which was imposed, as of November 1, 1981, a combined local tax rate on beer in that county which exceeded the uniform tax levied on beer by this article and which would, as a result thereof, experience a decrease in its net local tax revenue collected on beer. In order for any county to become eligible, it must timely file a claim for its loss of net revenue, which claim must be certified by the board as provided in subsection (e) of this section.
(3) BASE YEAR. The year commencing October 1, 1981, and ending September 30, 1982.
(4) BASE YEAR CASES. The number of cases of beer sold within a county during the base year upon which local beer taxes were paid in that county, which number shall be determined by the board.
(5) BASE YEAR NET REVENUE. The actual net revenue realized within a county from combined local beer taxes collected on the sale of the base year cases. Net revenue shall be revenue received from combined local beer taxes, less administrative expenses including but not limited to cost of stamps, discounts or rebates to wholesalers, salary and expenses of beer tax inspectors, and such other costs of collection and administration rendered unnecessary by the provisions of this article.
(6) PROJECTED REVENUE. The amount of revenue derived from the base year cases multiplied by the rate of tax per case levied by this article, after deducting the discount of two and one-half percent prescribed in Section 28-3-190(b). (Base year cases × rate of tax per case - two and one-half percent discount = projected revenue). The foregoing formula is a one-time calculation.
(7) NET REVENUE LOSS, or LOSS OF NET REVENUE. The excess of base year net revenue over projected revenue. (Base year net revenue - projected revenue = net revenue loss).
(8) SUBSIDY. The sum of money paid from the beer tax escrow fund by the board to each eligible county in installments as hereinafter provided totaling 400 percent of its net revenue loss.
(b) There is hereby established a beer tax escrow fund into which shall be paid the total amount of 400 percent of the annual net revenue loss as herein defined and calculated, which loss would be experienced by those eligible counties. This beer tax escrow fund shall be funded by payments from funds provided by the discount permitted by Section 28-3-190(b) made by wholesale beer licensees who collect the uniform tax levied by this article.
(c) All wholesale beer licensees collecting the tax imposed by this article shall pay into the beer tax escrow fund. Such payments are to total a sum equal to 400 percent of the net revenue loss of eligible counties, as determined by the board, and are to be made from the two and one-half percent discount prescribed for wholesale licensees in Section 28-3-190(b), as follows: Wholesale beer licensees collecting the tax imposed by this article shall pay monthly to the board for deposit in and credit to the beer tax escrow fund the sum of two and one-half cents per case for each case of beer received during the preceding month upon which beer tax is paid in this state. Such monthly payments shall commence on November 30, 1982, and shall be paid not later than the last day of each succeeding month and shall continue monthly until the total of the payments made into the fund shall be equal to or exceed the total subsidies to be paid to all eligible counties. The board shall cease collecting payments and shall so notify promptly each participating beer wholesaler when the total of the payments made to the board shall be equal to or exceed the total subsidies to be paid. Upon the payment of subsidies to all eligible counties, any moneys remaining in the fund shall be paid into the supplement beer tax escrow fund, if any, as authorized by Section 28-3-197, or if there is no supplement beer tax escrow fund, then paid into the general fund of this state.
(d) Each eligible county shall be paid 400 percent of its net revenue loss (the difference between base year net revenue and projected revenue) by the board from the fund, as follows:
For the fiscal year commencing October 1, 1982, and ending September 30, 1983, the payment to each eligible county shall be 100 percent of its net revenue loss, or difference between base year net revenue and projected revenue; and for each of the three succeeding fiscal years thereafter, 100 percent of its net revenue loss.
The board shall pay the subsidy to each eligible county on the 15th day of the months of March, June and September of each year an amount equal to one-third of the total annual subsidy payment to be made during that fiscal year; provided, should the fund not contain sufficient money to make any given payment, any deficiency shall be made up in the next succeeding payment or payments.
(e) Any county desiring to assert a claim of eligibility for the subsidy under this section must file its claim with the board within 60 days after September 30, 1982. Upon the filing of such claim, the board shall, within 60 days after the filing of a claim, investigate and determine the eligibility of the claim of said county for subsidy and, if eligible, the amount of its subsidy. The decision of the board on eligibility and the subsidy amount shall be final and binding. No dry county shall be eligible to receive a subsidy on or after the effective date of its becoming a dry county.
(Acts 1982, No. 82-344, p. 473, §7.)
(a) When used in this section, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) SUPPLEMENT BEER TAX ESCROW FUND. A fund established with the Alcoholic Beverage Control Board as escrow agent funded by payments made by wholesale beer licensees collecting the tax imposed by this article, such payments being made from the discount provided by Section 28-3-190(b). From the fund, the board shall pay to each supplement eligible county the amount or amounts provided by this section for the purpose of phasing out the supplement net revenue loss, if any, which would be experienced by supplement eligible counties.
(2) SUPPLEMENT ELIGIBLE COUNTY. Any eligible county which would, as a result of the uniform tax levied on beer by this article, continue to experience a decrease in its net local tax revenue collected on beer beyond the end of the subsidy provided in Section 28-3-196. In order for any county to become eligible for the supplement, it must have been an eligible county under Section 28-3-196 and must timely file a claim for its supplement net revenue loss, which claim must be certified by the board as provided in subsection (e) of this section. Provided, however, that no county will be a supplement eligible county if any adjoining dry county or municipality shall have become wet between September 30, 1982 and October 1, 1985.
(3) SUPPLEMENT BASE YEAR. The year commencing October 1, 1985, and ending September 30, 1986.
(4) SUPPLEMENT BASE YEAR CASES. The number of cases of beer sold within an eligible county during the supplement base year upon which the uniform tax levied on beer by this article was paid in that county, which number shall be determined by the board.
(5) SUPPLEMENT BASE YEAR NET REVENUE. The actual revenue realized within a county from uniform local beer taxes collected on the sale of the supplement base year cases pursuant to this article. The amount of revenue derived from supplement base year cases multiplied by the rate of tax per case levied by this article, after deducting the discount of two and one-half percent prescribed in Section 28-3-190(b). (Supplement base year cases × rate of tax per case - two and one-half percent discount = supplement base year net revenue).
(6) SUPPLEMENT NET REVENUE LOSS. The excess of base year net revenue over supplement base year net revenue. (Base year net revenue - supplement base year net revenue = supplement net revenue loss).
(7) SUPPLEMENT, or SUPPLEMENTAL SUBSIDY. The sum of money paid from the supplement beer tax escrow fund by the board to each supplement eligible county in installments as hereinafter provided totaling 200 percent of its supplement net revenue loss.
(b) There is hereby established a supplement beer tax escrow fund into which shall be paid the total amount of 200 percent of the annual supplement net revenue loss as herein defined and calculated, which loss would be experienced by those supplement eligible counties. This supplement beer tax escrow fund shall be funded by payments from funds provided by the discount permitted by Section 28-3-190(b) made by wholesale beer licensees who collect the uniform tax levied by this article.
(c) All wholesale beer licensees collecting the tax imposed by this article shall pay into the supplement beer tax escrow fund. Such payments are to total a sum equal to 200 percent of the supplement net revenue loss of supplement eligible counties, as determined by the board, and are to be made from the two and one-half percent discount prescribed for wholesale licensees in Section 28-3-190(b), as follows: Wholesale beer licensees collecting the tax imposed by this article shall pay monthly to the board for deposit in and credit to the supplement beer tax escrow fund the sum of two and one-half cents per case for each case of beer received during the preceding month upon which beer tax is paid in this state. Such monthly payments shall commence on October 31, 1986, and shall be paid not later than the last day of each succeeding month and shall continue monthly until the total of the payments made into the fund shall be equal to or exceed the total supplements to be paid to all supplement eligible counties. The board shall cease collecting payments and shall so notify promptly each participating beer wholesaler when the total of the payments made to the board shall be equal to or exceed the total supplements to be paid. Upon the payment of supplements to all supplement eligible counties, any moneys remaining in the fund shall be paid into the General Fund of this state.
(d) Each supplement eligible county shall be paid 200 percent of its supplement net revenue loss (the excess of base year net revenue as defined in Section 28-3-196 over supplement base year revenue) by the board from the fund from the supplement beer escrow fund, as follows:
For the fiscal year commencing October 1, 1986, and ending September 30, 1987, the payment to each supplement eligible county shall be 100 percent of its supplement net revenue loss, or excess of base year net revenue over supplement base year revenue, and for the fiscal year October 1, 1987 through September 30, 1988, 100 percent of its supplement net revenue loss.
The board shall pay the supplement to each supplement eligible county on the 15th day of the months of March, June and September of the years, 1987 and 1988, an amount equal to one-third of the total annual supplement payment to be made during that fiscal year; provided, should the supplement beer tax escrow fund not contain sufficient money to make any given payment, any deficiency shall be made up in the next succeeding payment or payments.
(e) Any eligible county desiring to assert a claim of eligibility for the supplement under this section must file its claim with the board within 60 days after September 30, 1986. Upon the filing of such claim, the board shall, within 60 days after the filing of a claim, investigate and determine the eligibility of the claim of said eligible county for supplement and, if eligible for the supplement, the amount of its supplement. The decision of the board on supplement eligibility and the supplement amount shall be final and binding. No dry county shall be eligible to receive a supplement on or after the effective date of its becoming a dry county.
(Acts 1982, No. 82-344, p. 473, §8.)
The words and phrases used in this article shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor.
(Acts 1982, No. 82-344, p. 473, §9.)
This article supersedes and repeals all local taxes and licenses, county or municipal, authorized, levied or imposed on or measured by the sale or volume of sale of beer, except the authorization, levy or imposition of a tax on general retail sales by the county or municipality in the nature of, or in lieu of, a general sales tax; provided, however, nothing herein shall be construed to relieve any person from any tax liability, penalty or forfeiture incurred thereunder, nor construed to repeal any provision of law respecting the enforcement of any such tax liability, penalty or forfeiture.
(Acts 1982, No. 82-344, p. 473, §10.)
In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the Alabama Alcoholic Beverage Control Board.
The tax imposed by this section shall be computed at the time the sale is made to the purchaser and shall be collected by the board from said purchaser at the time the purchase price is paid; provided, however, that if said tax shall not be $.05 or a multiple of $.05 it shall be adjusted up or down to the nearest multiple of $.05.
Said tax, when collected, shall be paid to the State Treasurer by the Alabama Alcoholic Beverage Control Board and shall be by said treasurer credited to the Alabama Alcoholic Beverage Control Board Store Fund to be distributed as provided by law.
(Acts 1943, No. 99, p. 104.)
In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the Alabama Alcoholic Beverage Control Board. The tax hereby imposed shall be collected by the board from the purchaser at the time the purchase price is paid. In computing the proceeds of this tax, the board shall divide the total sales of spirituous and vinous liquors made by it by a factor of 110 and multiply the quotient by 100 and by 10. An amount equal to the quotient multiplied by 100 shall be deposited in the State Treasury to the credit of the Alcoholic Beverage Control Board Store Fund and an amount equal to the quotient multiplied by 10 shall be deposited in the State Treasury to the credit of the Public Welfare Trust Fund and shall be used for general welfare purposes and is hereby appropriated therefor.
(Acts 1955, 2nd Ex. Sess., No. 78, p. 199; Acts 1973, No. 824, p. 1291; Acts 1986, No. 86-212, p. 264, §3.)
(a) Repealed by Acts 1986, No. 86-212, p. 264, §3.
(b) Levy; collection; disposition of proceeds. In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the board. The tax imposed by this subsection shall be collected by the board from the purchaser at the time the purchase price is paid. One half of the proceeds derived from the tax shall be deposited in the State Treasury to the credit of the Public Welfare Trust Fund and shall be used for general welfare purposes and is hereby appropriated therefor. The remainder of such proceeds from the tax levied by this subsection shall be deposited in the State Treasury to the credit of a special fund which shall be designated the Alabama Special Mental Health Fund and shall be used only for mental health purposes, including the prevention of mental illness, the care and treatment of the mentally ill and the mentally deficient and the acquisition, equipment, operation and maintenance of facilities for mental health purposes.
The markup as currently established by the board on spirituous or vinous liquors shall not be reduced by the board for the purpose of absorbing the tax levied by this subsection, it being the intention of this provision that the said tax shall be passed on to the purchaser.
(Acts 1959, No. 312, p. 889; Acts 1973, No. 815, p. 1260; Acts 1986, No. 86-212, p. 264, §3.)
(a) Repealed by Acts 1986, No. 86-212, p. 264, §3.
(b) Levy and collection. In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 13 percent upon the selling price of all spirituous or vinous liquors sold by the board. The tax imposed by this subsection shall be collected by the board from the purchaser at the time the purchase price is paid.
The markup as currently established by the board on spirituous or vinous liquors shall not be reduced by the board for the purpose of absorbing the tax levied by this subsection, it being the intention of this provision that the said tax shall be passed on to the purchaser.
(c) Disposition of proceeds.
(1) 38.5 percent of the revenues collected under the provisions of subsection (b) of this section shall be paid into the State Treasury to the credit of the General Fund.
(2) 61.5 percent of the revenues collected under the provisions of subsection (b) of this section are hereby irrevocably pledged and hereby appropriated for the purposes of providing for payment of the principal of, premium, if any, and interest on, all bonds issued by the Alabama Mental Health Finance Authority, as authorized by Title 41, Chapter 10, Article 11, in the amount that may be necessary for such purposes to the extent and only to the extent that the revenues appropriated for such purposes under Section 40-25-23 are not sufficient to pay at their respective maturities the principal of, premium, if any, and interest on, such bonds.
(d) Any portion of the aforesaid 61.5 percent of the revenues pledged and appropriated in subdivision (c)(2), above, not needed in any fiscal year shall be deposited in the State Treasury to the credit of the State General Fund.
(Acts 1969, No. 550, p. 1033; Acts 1986, No. 86-212, p. 264, §3; Acts 1988, 1st Ex. Sess., No. 88-869, p. 380.)
(a) Repealed by Acts 1986, No. 86-212, p. 264, §3.
(b) Levy and collection. In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of three percent upon the selling price of all spirituous or vinous liquors sold by the board.
The board shall have the authority to examine the books and records of any wine wholesaler to determine the accuracy of any return required to be filed with the board.
The markup as currently established by the board on spirituous or vinous liquors shall not be reduced by the board for the purpose of absorbing the tax levied in this subsection, it being the intention of this provision that the said tax shall be passed on to the purchaser.
(c) Distribution of proceeds. One half of the proceeds derived from the tax shall be deposited in the State Treasury to the credit of the Public Welfare Trust Fund and shall be used for general welfare purposes and is hereby appropriated therefor. The remainder of such proceeds from the tax levied by this section shall be deposited in the State Treasury to the credit of a special fund which shall be designated the Special Mental Health Fund and shall be used only for mental health purposes, including the prevention of mental illness, the care and treatment of the mentally ill and the mentally deficient and the acquisition, equipment, operation and maintenance of facilities for mental health purposes.
(Acts 1979, No. 79-761, p. 1360, §§4-6; Acts 1986, No. 86-212, p. 264, §3.)
(a) Repealed by Acts 1986, No. 86-212, p. 264, §3.
(b) Levy and collection of tax. In addition to all other taxes of every kind now imposed by law, and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the board. The tax hereby imposed shall be collected by the board from the purchaser at the time the purchase price is paid.
(c) Tax to be passed on to purchaser. The mark-up as currently established by the board on spirituous or vinous liquors shall not be reduced by the board for the purpose of absorbing the tax herein levied; it being the intention hereof that the said tax shall be passed on to the purchaser.
(d) Disposition of proceeds. All revenues collected under the provisions of this section shall be paid into the State Treasury to the credit of the General Fund.
(Acts 1980, No. 80-478, p. 749; Acts 1986, No. 86-212, p. 264, §3.)
It is hereby prohibited to levy an increased amount of alcoholic beverage tax on the increased amount that a “collector’s” bottle of liquor as defined by the Alcoholic Beverage Control Board or “gift pack” of wine sells for over the amount a regular bottle of the same size and kind of liquor or wine sells for.
(Acts 1981, No. 81-656, p. 1072.)
There is hereby exempted from the provisions of this article and from the computation of the amount of tax levied, assessed or payable under such article, the sale of all spirituous or vinous liquors sold by the Alabama Alcoholic Beverage Control Board to a certificated or licensed air carrier with a hub operation within this state, for use in conducting intrastate, interstate or foreign commerce for transporting people or property by air. For the purpose of this section the words “hub operation within this state” shall be construed to have all of the following criteria:
(1) There originates from the location 15 or more flight departures and five or more different first-stop destinations five days per week for six or more months during the calendar year; and
(2) Passengers and/or property are regularly exchanged at the location between flights of the same or a different certificated or licensed air carrier.
(Acts 1986, No. 86-214, p. 282, §2.)
Whoever removes or otherwise prepares any Alabama revenue stamps, crowns or lids or stamps, crowns or lids used to identify alcoholic beverages sold or distributed by state liquor stores with intent to use or cause the same to be used after they have already been used or buys, sells, offers for sale or gives away any such washed or removed and restored stamps, crowns or lids to any person for using or who used the same or has in his possession any washed or restored or removed or altered stamp, crown or lid for the purpose of indicating the payment of any tax provided for in this chapter or reuses any stamp, crown or lid which has heretofore been used for the purpose of paying any tax provided in this chapter or identifying any articles enumerated and defined in this chapter or whoever, except the board or persons, firms, corporations or associations of persons designated and bonded by the board, sells any Alabama revenue stamps, crowns or lids not affixed to taxable alcoholic beverages as provided in this chapter, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day, nor more than five years, and in addition may be fined not less than $1,000.00, nor more than $5,000.00.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §63.)
Whoever manufactures, buys, sells, offers for sale or has in his or its possession any reproduction or counterfeit of the Alabama revenue stamps, crowns or lids provided for in this chapter or stamps, crowns or lids used to identify articles sold or distributed by state liquor stores shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day nor more than 10 years and, in addition, may be fined not less than $2,000.00 nor more than $10,000.00.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §64.)
Any person other than a wholesaler, distributor or dealer or other person authorized by the Alabama Alcoholic Beverage Control Board who shall have in his possession any unattached Alabama revenue stamps, crowns or lids used for the purpose of identifying alcoholic beverages sold or distributed pursuant to this chapter shall be guilty of a felony and, upon conviction, may be fined not more than $5,000.00 and shall be imprisoned in the penitentiary for not less than one nor more than five years.
(Acts 1955, No. 88, p. 336.)
All alcoholic beverages enumerated and defined in this chapter or other products taxable under this chapter found at any point within the State of Alabama when said alcoholic beverages or products shall have been within the State of Alabama for a period of two hours or longer in possession of any retailer or for a period of 36 hours or longer in possession of any wholesaler or distributor not having affixed to the package, as defined in this chapter, the stamps, crowns or lids as provided by law are hereby declared to be contraband goods, and the same may be seized by the board or its agents or by any peace officer of the State of Alabama without a warrant, and the said goods shall be delivered to the board for sale at public auction to the highest bidder after due advertisement, but the board, before delivering any of said goods so seized, shall require the purchaser to affix the proper amount of stamps, crowns or lids to the individual package as defined in this chapter. The proceeds of sale of any goods sold under this article shall be turned over to the State Treasurer by the board as other funds collected by said board. The cost of confiscation and sale shall be paid out of the proceeds derived from such sales before making remittance to the State Treasurer.
Any of the goods, wares or merchandise enumerated in this chapter and all such goods, wares or merchandise when offered for sale, either at wholesale or retail, without the stamps, crowns or lids having been first affixed shall be subject to confiscation as hereinbefore provided.
Any vehicle not a common carrier which may be used for the transportation for the purpose of sale of unstamped articles as enumerated in this chapter shall likewise be subject to confiscation and sale in the manner as above provided for goods, wares or merchandise without stamps, crowns or lids. Should any alcoholic beverages without stamps, crowns or lids as enumerated and defined in this chapter be found in any vehicle which is engaged in the sale, distribution or delivery of taxable alcoholic beverages, the same shall be prima facie evidence that it was there for sale.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §49.)
Any alcoholic beverages as enumerated and defined in this chapter to be sold or distributed by and through state liquor stores found within this state in the possession of or on the premises of any person, firm, corporation or association of persons not having affixed thereto such mark of identification showing that said alcoholic beverages were sold or distributed by a state liquor store shall be subject to confiscation and sale in the same manner as set forth in this chapter for malt or brewed beverages as defined in this chapter and vinous beverages not exceeding 24 percent by volume which do not have affixed thereto the required revenue stamps as provided for in this chapter.
Persons who are found guilty of having in their possession any such contraband liquors shall be subject to the same fines and imprisonment as set forth in this chapter for persons having in their possession any malt or vinous beverages without the proper stamps affixed thereto as required by this chapter.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §50.)
(a) In all cases of seizure of any goods, wares, merchandise or other property made as being subject to forfeiture under provisions of this chapter which, in the opinion of the officer or person making the seizure, are of the appraised value of $50.00 or more, the said officer or person shall proceed as follows. He shall cause a list containing a particular description of the goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable and disinterested citizens of the State of Alabama, residing within the county wherein the seizure was made. Said list and appraisement shall be properly attested by said officer or persons, and said appraisers, for which service each of said appraisers shall be allowed the sum of $1.00 per day, not exceeding two days, to be paid by the board out of any revenue received by it from the sale of the confiscated goods or the compromise which may be effected. If the said goods are believed by the officer making the seizure to be of value of less than $50.00, no appraisement shall be made.
The said officer or person shall proceed to post a notice in writing for three weeks at three places in the county where the seizure was made, describing the articles and stating the time and place and cause of their seizure and requiring any person claiming them to appear and make such claim in writing within 30 days from the date of the first posting of such notice.
Any person claiming the said goods, wares or merchandise, or other property so seized as contraband within the time specified in the notice may file with the board a claim in writing, stating his interest in the articles seized, and may execute a bond to the board in a penal sum equal to double the value of said goods so seized, but in no case less than the sum of $200.00, with sureties to be approved by the clerk of the circuit court in the county in which the goods are seized, conditioned that in the case of condemnation of the articles so seized, the obligors shall pay to the board the full value of the goods so seized and all costs and expense of the proceedings to obtain such condemnation, including a reasonable attorney’s fee. Upon the delivery of such bond to the board, it shall transmit the same with the duplicate list or description of the goods seized to the district attorney of the circuit in which such seizure was made, and the said district attorney shall file a complaint in the circuit court of the county where the seizure was made to secure the forfeiture of said goods, wares, merchandise or other property. Upon the filing of the bonds aforesaid, the said goods shall be delivered to the claimant pending the outcome of said case. Said goods must have the proper stamps, crowns or lids affixed to each such article of alcoholic beverage enumerated and defined in this chapter before turning same over to claimant, the stamps, crowns or lids so affixed to be paid for by claimant when goods properly stamped are delivered by the board.
If no claim is interposed and no bond given within the time above specified, such goods, wares, merchandise or other property shall be forfeited without further proceedings and the same shall be sold as provided in this article, and the proceeds of sale when received by the board shall be turned in to the Treasury as other revenues collected by said board.
(b) In seizure in quantities of less value than $50.00, the same may be advertised with other quantities at Montgomery, Alabama by the board and disposed of as provided in subsection (a) of this section.
(c) The proceedings against goods, wares, merchandise or other property, pursuant to the provisions of this chapter, shall be considered as proceedings in rem unless otherwise provided.
(d) Should the board have to resort to the courts for collection of the tax due and assessed, no advertisement shall be made, and the confiscated alcoholic beverages may be held as evidence pending the result of court action.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §51.)
The board may in its discretion return any goods confiscated under this chapter or any part thereof when it is shown that there was no intention to violate the provisions of this chapter; provided, that when any goods, merchandise or other property are confiscated under the provisions of this chapter, the board may, in its discretion, return such goods to the parties from whom they are confiscated if and when such parties shall pay to the board or its duly authorized representative an amount equal to the tax due under this chapter on the goods confiscated and, in such cases, no advertisement shall be made or notices posted in connection with said confiscation.
(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §52.)
Any liquors and beverages that are prohibited to be sold or otherwise disposed of in this state, including malt or brewed beverages, together with the vessels or other receptacles in which they are contained, that have been heretofore or may hereafter be seized by any officer of the state, county or municipal government, regardless of whether seized under the authority of a search warrant or not, upon which it appears that the federal tax has been paid, the federal stamp being located on the container being prima facie evidence thereof, and the containers of which appear to be unbroken or which appear to have never been opened after the placing thereon of the federal stamp or seal shall, upon a court order of forfeiture, be delivered immediately to the Alcoholic Beverage Control Board at Montgomery, Alabama, or to a properly designated representative of the Alabama Alcoholic Beverage Control Board, whereupon said board or its representative shall determine the reasonable value thereof, and the amounts so determined by said board or its representative to be the reasonable value thereof shall be paid by the board to the clerk of the court in which such order of forfeiture was made. Any funds paid into court, as provided in this section, shall be applied first to the payment of the court costs in such case, and the balance, if any, shall be paid into the general fund of the municipality or county in which said case arose.
Condemnation proceedings against such liquors and beverages may be instituted in the circuit court of the county in which such liquors or beverages were seized by the State of Alabama, on the relation of the district attorney, and notice shall be given of the institution of such proceedings and of the day and place set for the hearing thereof to “all persons claiming any right, title or interest in such liquors and beverages” either by publication once a week for three successive weeks in some newspaper published in the county or by posting one notice at the courthouse door in said county for three weeks, at the discretion of the court; provided, that in the case of malt or brewed beverages, the provisions of this section shall apply only where a minimum of 100 cases of such beverages are seized and where the proceedings provided for in this section may be completed within 90 days after the brewing date of such beverages.
(Acts 1953, No. 835, p. 1126.)
In addition to all other taxes levied and collected on the sale of any alcoholic beverage, there is hereby levied an additional state sales tax in the amount equal to the combined county and municipal general sales tax rates levied or assessed in the county and municipality where the transaction occurs, applied to the retail price on the sales of alcoholic beverages sold at retail by Alcoholic Beverage Control Board stores. The tax shall be in addition to any and all other taxes collected on sales.
(Acts 1982, No. 82-427, p. 675, §1; Act 2024-333, §1.)
(a) The Alcoholic Beverage Control Board shall collect the revenues generated by this article in the same manner as other taxes and fees collected by the board. The sales taxes as collected by the Alcoholic Beverage Control Board on retail sales shall be paid to the Department of Revenue.
(b) The Department of Revenue shall redistribute the proceeds collected within each locality to the respective localities.
(c) The Department of Revenue shall withhold any reasonable charges incurred by the department in handling the taxes which charges shall be prorated on the basis of the sum collected; provided, however, the charges shall not exceed a sum equal to five percent of the amount collected.
(d) The Department of Revenue shall prepare and distribute the reports, forms, and other information as may be necessary for the collection and distribution of the taxes.
(Acts 1982, No. 82-427, p. 675, §2; Act 2024-333, §1; Act 2025-289, §2(b)(5).)
The tax proceeds distributed to counties under the provisions of this article shall be used by those counties exclusively for law enforcement purposes unless otherwise provided by local act.
(Acts 1982, No. 82-427, p. 675, §3.)
The Commissioner of the Department of Revenue is authorized to promulgate all reasonable rules and regulations necessary to implement the provisions of this article.
(Acts 1982, No. 82-427, p. 675, §4.)
Any county or municipality receiving any additional taxes pursuant to the provisions of this article shall be prohibited from levying any additional taxes or fees on the sale of alcoholic beverages which would be collected by the Alabama Alcoholic Beverage Control Board or its stores.
(Acts 1982, No. 82-427, p. 675, §5.)
The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not directly in conflict herewith.
(Acts 1982, No. 82-427, p. 675, §6.)
The taxes to be collected by the Alcoholic Beverage Control Board under this article shall begin with the next regular price change by the Alcoholic Beverage Control Board which occurs at least 60 days after this article becomes law.
(Acts 1982, No. 82-427, p. 675, §8.)
This chapter shall be known and may be cited as the “Alcoholic Beverage Licensing Code.”
(Acts 1980, No. 80-529, p. 806, §1.)
(a) Definitions.
As used in this section and Section 28-3A-6, the following words shall have the following meanings:
(1) NONPROFIT SPECIAL EVENTS RETAIL LICENSE. A license issued pursuant to subsection (b) for the sale of beer, wine, or liquor.
(2) QUALIFYING ORGANIZATION. A bona fide nonprofit organization operating in the state that satisfies all of the following requirements:
a. Operates without profit to the organization’s members.
b. Is exempt from taxation under Section 501 of the Internal Revenue Code.
c. Satisfies at least one of the following requirements:
Has been continuously in existence in the state for a minimum of three years.
Is affiliated with a parent organization that has been in existence in the state for a minimum of three years.
Has reorganized and is continuing its mission under a new name on file with the Secretary of State and with a new tax identification number after having satisfied the requirements set forth in either subparagraph 1. or 2.
(b) Licensed authorized.
The board may issue a nonprofit special events retail license for the sale of beer, wine, and liquor to a qualifying organization.
(c) Applications for nonprofit special events retail license.
(1) Applications for a nonprofit special events retail license shall be made with the board at least 25 calendar days prior to the event on forms provided by the board and shall be verified by oath or affirmation of an officer or director of the qualifying organization who is authorized to do so.
(2) The applicant shall provide the board all of the following:
a. Documentation to show that the nonprofit is a qualifying organization.
b. A notarized, signed statement of proper authority from the person signing the application.
c. Date, time, and address of the event location. The applicant may also include an alternate event date or location.
d. Documentation of authority for use of property for the requested event.
e. A copy of the letter notifying the local governing officials of the event.
(3) A qualifying organization that applies for a nonprofit special events retail license shall not be required to provide evidence of liquor liability insurance.
(4) The board may request additional documentation at its discretion.
(5) Nonprofit special event retail licenses are not renewable and are valid for a period not to exceed seven days, and are issued upon terms and conditions as the board may prescribe.
(d) Donated alcohol.
Beer, wine, and liquor may be donated by a nonlicensed person.
(e) Rulemaking authority.
The board may adopt rules necessary for the implementation and administration of this section and Section 28-3A-6.
(Act 2018-447, §1-5.)
(a) Subject to this chapter and rules adopted thereunder, the board may issue and renew licenses to reputable and responsible persons for the following purposes:
(1) To manufacture, brew, distill, ferment, rectify, bottle or compound any or all alcoholic beverages within or for sale within this state.
(2) To import any or all alcoholic beverages manufactured outside the United States into this state or for sale or distribution within this state.
(3) To distribute, wholesale, or act as jobber for the sale of liquor.
(4) To distribute, wholesale, or act as jobber for the sale of table wine and beer or either of them, to licensed retailers within the state and others within this state lawfully authorized to sell table wine or beer.
(5) To store or warehouse any or all alcoholic beverages for transshipment inside and outside the state.
(6) To sell and dispense at retail in a lounge, liquor and other alcoholic beverages.
(7) To sell and dispense at retail in an establishment habitually and principally used for the purpose of providing meals for the public, liquor and other alcoholic beverages for on-premises consumption.
(8) To sell liquor and wine at retail for off-premises consumption.
(9) To sell and dispense at retail in a club, liquor and other alcoholic beverages for on-premises consumption.
(10) To sell table wine at retail for off-premises consumption.
(11) To sell table wine at retail for on-premises and off-premises consumption.
(12) To sell beer at retail for on-premises and off-premises consumption.
(13) To sell beer at retail for off-premises consumption.
(14) To sell liquor and other alcoholic beverages at retail by retail common carrier with a passenger capacity of at least 10 people.
(15) To sell any or all alcoholic beverages at retail under special license issued conditioned upon terms and conditions and for the period of time prescribed by the board.
(16) To sell any or all alcoholic beverages at retail under a special event retail license issued for three days upon the terms and conditions prescribed by the board.
Provided, however, that the licenses may not be issued in dry counties where traffic in alcoholic beverages is not authorized by law therein except a wine manufacturer license may be issued in a dry county pursuant to Section 28-7-10.1. Provided the restriction of this paragraph shall not apply to the issuance of a renewal of a license under subdivisions (1), (2), (3), (4), and (5) where the county or municipality was wet when the initial license was issued and the county or municipality subsequently votes dry; however, no importer or wholesaler licensee may sell or distribute alcoholic beverages within a dry county, except in a wet municipality therein, or within a dry municipality.
(b) The board is granted discretionary powers in acting upon license applications under the provisions of this chapter.
(c) Licenses issued under this chapter, unless revoked or suspended in the manner provided in this chapter, shall be valid for the license year which shall begin on the first day of October of each year, unless otherwise established by this chapter or by the board. Licenses may be issued at any time during the year.
(Acts 1980, No. 80-529, p. 806, §3; Acts 1985, No. 85-547, p. 800; Act 2021-517, §21.)
Every applicant for an original license issued under this chapter shall file a written application with the board in such form and containing such information as the board may prescribe, which shall be accompanied by a nonrefundable filing fee of $50.00, and by the appropriate license fee as prescribed by this chapter, together with the amount or amounts of the prescribed license fee or fees, if any, levied or imposed by the county governing body.
(Acts 1980, No. 80-529, p. 806, §4.)
(a) Upon receipt of the application, the proper fees, the bond if required, and upon being satisfied of the truth of the statements in the application and that the applicant is a person of good repute, the board shall grant and issue to applicant the appropriate license entitling the applicant to engage in the alcoholic beverage transactions authorized by such license as set forth in this chapter. All applications for licenses and accompanying statements shall be kept in the office of the board for a period of three years and shall be open for public inspection.
(b) Licenses issued under the provisions of this chapter shall be renewed annually upon the filing of applications, in such form as the board shall prescribe, at least 60 days before the expiration and upon payment to the board of the appropriate license fees, unless the board has good cause for not renewing or reissuing the license. Unless within one month prior to the scheduled date of expiration of such licenses the applicant shall have been notified by the board of objections to the granting thereof signed by persons authorized to do so, and upon payment of the required fees, the board shall issue such renewal of licenses.
(c) Licenses shall become due and payable on or before October first of each year or on the date established by this chapter or the board for the ensuing year, and shall be delinquent if not secured each year by October twentieth or the twentieth day of the first month of the license year established by this chapter or the board. If the license is not secured by October twentieth or by the twentieth day of the first month of the license year established by this chapter or by the board, such person or firm failing or refusing to file application and obtain said license, as provided in this chapter, while continuing to enjoy the privilege allowed under said license, shall be subject to a penalty of 50 percent of the state and county licenses and filing fees, which penalty must be collected at the time of issuance of license or permit, and shall be paid into the license fund of the board. Unless previously revoked, every license issued by the board under this chapter shall expire, and terminate on the thirtieth day of September in the year or on the last day of the month ending the license year established by this chapter or by the board for which the license is issued.
(d) No license shall be issued or renewed by the board until the filing and license fees fixed by this chapter shall have been paid to the board; provided no filing fee is required for renewal.
(Acts 1980, No. 80-529, p. 806, §5.)
(a) Upon the applicant’s compliance with this chapter and the rules adopted under this chapter, the board shall issue to the applicant a manufacturer license which authorizes the licensee to manufacture or otherwise distill, produce, ferment, brew, bottle, rectify, or compound alcoholic beverages within this state for sale or distribution within this state. No person shall manufacture or otherwise distill, produce, ferment, brew, bottle, rectify, or compound alcoholic beverages within this state or for sale or distribution within this state or to the state, the board, or any licensee of the board, unless the person or the authorized representative of the person shall be granted a manufacturer license issued by the board. The board may consider each type of alcoholic beverage manufactured, whether beer, wine, or liquor, as a separate and distinct operation, and the license shall contain a designation of each type of alcoholic beverage for which a federal basic permit or brewer’s notice has been filed. No licensee shall manufacture a specified type of alcoholic beverage until the license contains the designation for that type.
(b) No manufacturer licensee shall sell any alcoholic beverages direct to any retailer or for consumption on the premises where sold except as specified under subsection (h), nor sell or deliver any alcoholic beverages in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U.S. Treasury Department, nor maintain or operate within the state any place or places, other than the place or places covered by the manufacturer license, where alcoholic beverages are sold or where orders are taken.
(c) Each manufacturer licensee shall file with the board, prior to making any sales in Alabama, a list of its labels to be sold in Alabama and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All liquors and wines whose labels have not been registered as herein provided for shall be considered contraband and may be seized by the board or its agents, or any peace officer of the State of Alabama without a warrant and the goods shall be delivered to the board and disposed of as provided by law.
(d) All manufacturer licensees shall be required to mail to the board prior to the twentieth day of each month a consolidated report of all shipments of alcoholic beverages made to each wholesaler during the preceding month. The reports shall be in the form and containing information as the board may prescribe.
(e) Every manufacturer shall keep at its principal place of business within the state, daily permanent records that show the quantities of raw materials received and used in the manufacture of alcoholic beverages, and the quantities of alcoholic beverages manufactured and stored, the sale of alcoholic beverages, the quantities of alcoholic beverages stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers or other recipients thereof.
(f) Every place licensed as a manufacturer shall be subject to inspection by members of the board or by individuals authorized and designated by the board at any time of the day or night as they may deem necessary, for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees shall, at all times, be open to inspection by members of the board, or by individuals authorized and designated by the board. Members of the board and its authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.
(g) Licenses issued under this section, unless revoked in the manner provided in this chapter, shall be valid for the license year commencing January 1 of each year.
(h)(1) A manufacturer licensee actively and continuously engaged in the manufacture of alcoholic beverages on the manufacturer’s licensed premises in the state may conduct tastings or samplings on the licensed premises, as regulated by the board except as to quantity and hours of operation, or as otherwise provided by law, and for that purpose may give away or sell alcoholic beverages manufactured there for consumption on only one premises where manufactured. All alcoholic beverages manufactured and retained on the manufacturer’s licensed premises for tasting or sampling shall remain on the premises and be dispensed from a barrel or keg or other original containers.
(2) Notwithstanding subdivision (1), a manufacturer licensee engaged in the manufacture of less than 60,000 barrels of beer per year may sell at retail on its licensed premises in the state, for off-premises consumption, beer produced at that licensed premises; provided, however, beer sold for off-premises consumption: May not exceed 864 ounces per customer per day; may not be produced pursuant to a contract with another manufacturer; and shall be sealed, labeled, packaged, and taxed in accordance with state and federal laws and regulations. For the purposes of calculation, the 60,000 barrel limit shall include all beer produced by the manufacturer, all beer produced by a parent, subsidiary, or affiliate of the manufacturer, and all beer brewed exclusively for the manufacturer.
(3) For purposes of the retail sales permitted by a qualifying manufacturer under subdivisions (1) and (2), beer may be transferred directly between qualifying manufacturers of the same ownership in accordance with all applicable state and federal laws, rules, and regulations and sold at retail pursuant to this subsection as if it were manufactured or produced at the receiving manufacturer’s licensed premises; provided, however, if at any time the combined total barrelage production of the manufacturers exceeds the 60,000-barrel limit as provided in subdivision (2), retail sales of transferred beer pursuant to this subdivision is not permitted. Taxes shall be levied at the time the beer is allocated by the receiving manufacturer for the purpose of retail sale in accordance with subdivision (i)(1). For purposes of this subdivision, “same ownership” means at least 75 percent ownership or control of one manufacturer by another manufacturer, or by the same persons for both manufacturers.
(4) A manufacturer licensee engaged in the manufacture of liquor on the manufacturer’s licensed premises in the state may sell at retail on its licensed premises, for off-premises consumption, liquor manufactured at that licensed premises; provided, however, liquor sold for off-premises consumption may not exceed 4.5 liters per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state and federal laws and regulations. The manufacturer licensee shall keep and maintain records for three years of all sales for off-premises consumption.
(5) Notwithstanding subdivision (1), the board may grant a permit allowing a manufacturer licensee engaged in the manufacture of less than 50,000 gallons of table wine per year in the state to establish and operate one additional off-site tasting room to be used to conduct tastings or samplings and to sell at retail the licensee’s table wine. The board may also grant a single permit allowing an association representing the majority of wineries and grape growers in the state to establish and operate one off-site tasting room to be used to conduct tastings and samplings and to sell at retail table wines produced by wine manufacturer licensees in the state. An applicant for an off-site tasting room permit shall file a written application with the board in the form and containing information as the board may prescribe, along with proof of consent and approval from the appropriate governing authority in which the off-site tasting room is to be located and a filing fee of fifty dollars ($50). All state and federal laws and regulations applicable to on-site tasting rooms shall apply to an off-site tasting room. Wine sold at an off-site tasting room for off-premises consumption may not exceed one case of wine per customer per day. For purposes of this subdivision, one case of wine means the equivalent of twelve 750-milliliter bottles of wine.
(i)(1) In addition to the licenses provided for by this chapter, and any county or municipal license, there is levied on the manufacturer of the alcoholic beverages dispensed on the premises the privilege or excise tax imposed on beer by Sections 28-3-184 and 28-3-190; and imposed on table wine by Section 28-7-18; and imposed on liquor by Sections 28-3-200 to 28-3-205, inclusive. Taxes on beer shall be levied at the time the beer is allocated by the beer manufacturer for the purpose of retail sale and not at the time the beer is dispensed for consumption. Every manufacturer licensee shall file the tax returns, pay the taxes, and perform all obligations imposed on wholesalers at the times and places set forth therein. It shall be unlawful for any manufacturer licensee who is required to pay the taxes so imposed in the first instance to fail or refuse to add to the sale price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that each of the taxes levied is in fact a tax on the consumer, with the manufacturer licensee who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax levied by Section 28-3-184; as an agent for the county or municipality for the collection and payment of the tax levied by Section 28-3-190; as an agent for the county or municipality for collection and payment of the tax levied by Section 28-7-18; and as an agent for the state for collection and payment of the tax levied by Sections 28-3-200 to 28-3-205, inclusive.
(2) The manufacturer licensee shall keep and maintain all records required to be kept and maintained by manufacturer, wholesaler, and retailer licensees for the tax so levied except that manufacturers are not required to maintain name, address, or other personal demographic information for sales as provided in subsection (e).
(j) A manufacturer licensee engaged in the manufacture of beer in the state may donate and deliver up to 31 gallons of the manufacturer’s beer to a licensed nonprofit special event operated by or on behalf of a nonprofit organization. Donations shall be taxed in accordance with state and federal laws and regulations. Any beer remaining at the conclusion of the nonprofit event shall be returned to the manufacturer for disposal.
(k) A manufacturer licensee engaged in the manufacture of table wine in the state may donate and deliver up to two cases of the manufacturer’s table wine to a licensed nonprofit special event operated by or on behalf of a nonprofit organization. Donations shall be taxed in accordance with state and federal laws and regulations. Any table wine remaining at the conclusion of the nonprofit event shall be returned to the manufacturer for disposal.
(Acts 1980, No. 80-529, p. 806, §6; Act 2011-630, p. 1488, §1; Act 2016-97, p. 133, §1; Act 2016-130, p. 305, §1; Act 2016-131, p. 388, §1; Act 2017-404, §1; Act 2018-386, §1; Act 2018-447, §6; Act 2019-400, §2; Act 2021-454, §2.)
(a) Any person licensed as a wine manufacturer who holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and who is in the business of manufacturing and bottling wine may obtain a direct wine shipper license from the board as provided in this section. A direct wine shipper licensee may ship annually up to 12 cases of unopened containers of wine to any one Alabama resident in a 12-month period, each case not exceeding nine liters of wine. A direct wine shipper licensee may ship only wine: (i) produced by the direct wine shipper licensee; (ii) produced by or for the direct wine shipper licensee under a written contract, existing at the time of shipment, with another manufacturer of wine that holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and who is in the business of manufacturing and bottling wine; or (iii) exclusively produced and bottled for the direct wine shipper licensee by a manufacturer of wine that holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and who is in the business of manufacturing and bottling wine. The wine shall be shipped and transported by common or permit carrier directly from the direct wine shipper licensee’s licensed premises, or from the direct wine shipper licensee through a wine fulfillment center as provided in Section 28-3A-6.2, to a resident of Alabama who is at least 21 years of age for the resident’s personal use and not for resale.
(b) In order to receive a license to ship wine to an Alabama resident, the applicant for a direct wine shipper license shall do all of the following:
(1) File an application with the board.
(2) Pay an application fee of two hundred dollars ($200).
(3) Provide to the board a true copy of its current wine manufacturer license issued by the board or issued by the state in which it manufactures wine and a true copy of its federal basic wine manufacturing permit.
(c) A direct wine shipper licensee:
(1) May not ship more wine than is specified in subsection (a) to any one consumer in a 12-month period.
(2) May not ship any wine to any address or property that is any of the following:
a. Any premises licensed by the board.
b. A public or private elementary, secondary, or post-secondary educational school, including any dormitory, housing, or common space located on the campus of any elementary, secondary, or post-secondary educational school.
c. A prison, reformatory, or other correctional facility.
d. A hospital or other healthcare facility, including, but not limited to, an acute care, addiction or substance abuse, or mental or psychiatric care facility.
e. A locker, a mailbox, a storage facility, or a package shipping or similar service business.
f. An address that is not a permanent street address.
(3) May only ship wine that has been approved by the board for sale and shipment within or into the state and for which the direct wine shipper licensee meets either of the following criteria:
a. Owns the Certificate of Label Approval issued by the Alcohol and Tobacco Tax and Trade Bureau.
b. Has the exclusive right to sell the wine in the United States under a written contract, existing at the time of shipment, with the manufacturer of wine that holds a federal basic wine manufacturing permit pursuant to the Federal Alcohol Administration Act, 27 U.S.C. § 201 et seq., and is the owner of the Certificate of Label Approval issued by the Alcohol and Tobacco Tax and Trade Bureau.
(4) Shall ensure that all containers of wine shipped directly to a resident in this state are conspicuously labeled with the words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.”
(5) Shall report to the board on a quarterly basis in a manner prescribed by the board all of the following information for each wine shipment into the state pursuant to this section:
a. The name and address of the Alabama resident who placed the order.
b. For each completed shipment, evidence of signature by an individual age 21 years or older.
c. The name and license number of the common or permit carrier engaged in the shipment.
d. For each shipment by a wine fulfillment center licensee on behalf of the direct wine shipper, the name and license number of the wine fulfillment center licensee engaged in the shipment.
e. The date of shipment.
f. The carrier tracking number.
g. The quantity of wine in the shipment.
(6) Whether located within or outside of this state, shall collect and properly remit all state and local sales or use taxes and excise taxes due on sales to Alabama residents.
(7) Shall permit the board or the Department of Revenue to perform an audit of the direct wine shipper licensee’s records upon request.
(8) Shall obtain from the customer an attestation that he or she is at least 21 years of age at the time the order is placed.
(9) Shall be deemed to have consented to the jurisdiction of the board or any law enforcement agency and the Alabama courts concerning enforcement of this section and any related laws or administrative rules.
(d) A direct wine shipper licensee may renew its license with the board by paying annually a renewal fee of one hundred fifty dollars ($150) and providing the board a true copy of its current manufacturer license issued by the board and its federal basic wine manufacturing permit.
(e) The board may adopt rules pursuant to the Administrative Procedure Act to implement this section.
(f) The board may enforce the requirements of this section to suspend or revoke a direct wine shipper license by the same administrative proceedings that apply to alcoholic beverage licenses, and the board may accept payment of a fine in lieu of suspension or revocation. Payments of fines shall be determined by rule adopted by the board.
(g) Shipments of wine direct to consumers in Alabama from persons who do not possess a current direct wine shipper license pursuant to this section are prohibited. Any person that violates this section is guilty of a Class C misdemeanor and shall also be subject to a civil penalty imposed by the board by administrative proceedings that apply to alcoholic beverage licenses, as follows:
(1) For the first violation, a civil penalty not to exceed five hundred dollars ($500).
(2) For a second violation, a civil penalty not to exceed three thousand dollars ($3,000).
(3) For a third or any subsequent violation, a civil penalty not to exceed six thousand dollars ($6,000).
(h) Any fines or fees received by the board under this section, including, but not limited to, the direct wine shipper licensee fee, shall be used by the board in order to perform its regulatory duties under Title 28.
(i) A direct wine shipper licensee may not avoid liability under this section by subcontracting with a third party to perform its obligations required pursuant to this section.
(j) For purposes of this chapter, the following terms shall have the following meanings:
(1) DIRECT WINE SHIPPER. A person in possession of a current, valid direct wine shipper license.
(2) DIRECT WINE SHIPPER LICENSE. A license issued by the board that authorizes the licensee to ship wine or contract for the shipment of wine from a manufacturer to an Alabama resident pursuant to this section and Section 28-3A-6.2.
(3) SHIPMENT. The transportation of wine from a manufacturer to an Alabama resident as provided in this chapter.
(4) WINE FULFILLMENT CENTER. A premises that operates as a bailment warehouse for wine permitted to be sold directly by a direct wine shipper licensee to an Alabama resident pursuant to this section and Section 28-3A-6.2.
(5) WINE FULFILLMENT CENTER LICENSE. A license issued by the board that authorizes a licensed wine fulfillment center to ship wine to an Alabama resident on behalf of a direct wine shipper pursuant to this section and Section 28-3A-6.2.
(Act 2021-419, §3.)
(a)(1) Any person who is not a common or permit carrier and who does not hold a direct wine shipper, wholesaler, retailer, manufacturer, or importer license issued by the board and who is not owned or controlled by a common or permit carrier or a direct wine shipper, wholesaler, retailer, manufacturer, or importer licensee of the board may obtain a wine fulfillment center license from the board as provided in this section. A wine fulfillment center licensee, subject to compliance with all terms and provisions of this section and Section 28-3A-6.1 may contract with a common or permit carrier for the shipment of unopened containers of wine on behalf of a direct wine shipper licensee directly to an Alabama resident who is at least 21 years of age, for personal use by the individual and not for resale.
(2) A person shall obtain a separate wine fulfillment center license for each physical premises that is to be used as a wine fulfillment center before shipping wine to any Alabama resident from that premises, and shall pay an annual license fee of five hundred dollars ($500), plus an additional one hundred dollars ($100) for each additional premises from which shipments to Alabama residents will be made.
(3) The holder of a wine fulfillment center license may only provide logistics services of warehousing, packaging, order fulfillment, and shipment of wine for a direct wine shipper licensee for which the wine fulfillment center licensee is the bailee of the wine. Wine held in bailment by a wine fulfillment center licensee shall remain the property of the direct wine shipper licensee until loaded on conveyance for direct shipment to an Alabama resident.
(4) A wine fulfillment center licensee shall not ship wine into or within the state from, or on behalf of, any of the following:
a. An unlicensed direct shipper of wine, either in-state or out-of-state.
b. A retailer licensed by the board.
c. An out-of-state retailer.
d. A person that does not hold a direct wine shipper license.
(b) A wine fulfillment center license applicant shall provide all of the following information to the board as part of its application:
(1) The precise location or locations at which the licensee will engage in logistics services for wine to be shipped into the state.
(2) Any other information required by the board.
(c) A wine fulfillment center licensee shall do all of the following:
(1) Annually renew its wine fulfillment center license in a manner as established by rule of the board and pay any initial and annual license fees.
(2) Enter into a contract with a direct wine shipper licensee designating the wine fulfillment center licensee as the agent of the direct wine shipper licensee for purposes of this section and Section 28-3A-6.1. A wine fulfillment center licensee may not avoid liability under this section by subcontracting with a third party to perform its obligations pursuant to this section.
(3) Maintain a compliance program documenting that all wine shipped by each direct wine shipper licensee through the wine fulfillment center licensee satisfies the requirements set forth in subdivisions (c)(1) and (c)(2) of Section 28-3A-6.1.
(4) Make all commercially reasonable efforts to verify the validity of each direct wine shipper license prior to making any shipment on behalf of the direct wine shipper licensee.
(5) Ensure all containers of wine shipped by the wine fulfillment center licensee to an Alabama resident are conspicuously labeled with the following words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.”
(6) Report to the board on a quarterly basis in a manner prescribed by the board all of the following information for each wine shipment into the state pursuant to this section:
a. The name, address, and license number of the direct wine shipper licensee and the point of origin of shipment from which the wine fulfillment center licensee received the wine, if different from the address of the direct wine shipper licensee.
b. The name and address of the Alabama resident who placed the order.
c. For each completed shipment, evidence of signature by an individual age 21 years or older.
d. The name and license number of the common or permit carrier engaged in the shipment.
e. The date of shipment.
f. The carrier tracking number.
g. The quantity of wine in the shipment.
(7) Maintain for a minimum of three years from the date of receipt from a direct wine shipper licensee or the date of shipment to an Alabama resident, as applicable, and permit the board and any of its designees to inspect, verify, or perform an audit of all of the information listed in subdivision (6).
(8) Upon violation of this title or a rule of the board, be subject to a civil penalty imposed by the board by administrative proceedings that apply to alcoholic beverage licenses, as follows:
(1) For the first violation, a civil penalty not to exceed five hundred dollars ($500).
(2) For a second violation, a civil penalty not to exceed three thousand dollars ($3,000).
(3) For a third or any subsequent violation, a civil penalty not to exceed six thousand dollars ($6,000).
(9) Be deemed to have consented to the jurisdiction of the board and the other state agencies and the state courts concerning enforcement of this section and Section 28-3A-6.1.
(d) Any fines or fees received by the board under this section shall be used by the board in order to perform its regulatory duties under Title 28.
(e) The board may adopt rules to implement this section.
(Act 2021-419, §3.)
(a) As used in this section, the term state university means a public two-year institution of higher education that has its own campus police department or a four-year institution of higher education.
(b) Upon compliance by an applicant with this section and this chapter and the rules adopted thereunder, the Alcoholic Beverage Control Board may issue a Hospitality Management Program license for any state university that operates a school or college that offers bachelors or associate degrees in Hospitality Management, Hospitality Sciences, Hotel Management, Event Management, Restaurant Management, or Culinary Sciences. A Hospitality Management Program license may be issued to the state university upon whose property the licensed premises is located or to a third party licensee of the board that has contracted with the state university to perform the licensed activities on the premises located on the state university campus.
(c) An application for a license under this section must be accompanied by a certificate signed by the president or equivalent chief executive officer of the state university upon whose property the licensed premises is located. If the applicant is a two-year institution of higher education, the application must also be signed by the Chancellor of the Alabama Community College System.
(d) Notwithstanding any provision of this title, including subdivision (a)(20) of Section 28-3A-25 and Section 28-3-4, a Hospitality Management Program license authorizes the licensee to do all of the following:
(1) Operate distilleries, wineries, breweries, or brewpubs, or any combination thereof, upon the premises of the state university as necessary to effectuate the purpose and mission of the state university and the academic programs described in subsection (b), provided the operations shall be in compliance with state and federal laws, rules, and regulations and the licensee shall be approved and permitted by the Alcohol and Tobacco Tax and Trade Bureau prior to operating. The alcoholic beverages produced by the distilleries, wineries, breweries, and brewpubs may be sold at retail as further described in subdivision (4) or used for teaching purposes.
(2) Conduct or support classes, seminars, and labs as deemed necessary on the licensed premises and on adjacent board licensed premises, whether or not operated by the licensee, alone or in support of the state university’s academic or other programs, or by other, third-party board retail licensees. The licensee may work in conjunction with personnel of other, third-party licensees of the board and may participate in activities of the state university. Students, interns, or employees shall be considered employees, agents, or servants of the licensees for the determination of liability.
(3) Lease an area on the licensed premises to the Alcoholic Beverage Control Board for use, if requested, to facilitate the traffic of alcoholic beverages to other board retail licensees located on the property that participate in the activities of the state university. With approval of the board, the licensee may be permitted to maintain a central storage area for alcoholic beverages produced by the licensee and to transfer and distribute the alcoholic beverages to other areas or operations on the licensed premises or other areas on the state university’s campus, but may not leave the campus except as otherwise authorized pursuant to this title.
(4) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft or keg beer, for on-premises consumption or off-premises consumption each day of the week, including Sundays. The sale of alcoholic beverages shall be in furtherance of the educational mission of the state university and the academic programs described in this section, and shall be confined to those buildings, facilities, and grounds that comprise the premises licensed pursuant to this section.
(e) A licensee may not manufacture 60,000 or more barrels of beer per year on its licensed premises, and beer sold for off-premises consumption may not exceed 864 ounces per customer per day.
(f) There is levied and assessed, upon all alcoholic beverages manufactured and sold at retail as provided in this section, the privilege or excise tax imposed on the sale of beer by Sections 28-3-184 and 28-3-190; imposed on the sale of table wine by Section 28-7-18; and imposed on the sale of liquor by Sections 28-3-200 through 28-3-205, in the same manner as provided in those sections.
(g) A licensee shall maintain Responsible Vendor Program training records.
(h) A licensee shall post in each of its locations where alcoholic beverages are served at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. The sign shall be posted at a point of sale or in any other location that is visible to customers and employees.
(i) A licensee operating in compliance with this section and any rules adopted by the board thereto shall not be required to obtain any other license of the board under this chapter.
(j) An annual license fee of one thousand dollars ($1,000) is levied and prescribed for a Hospitality Management Program license issued and renewed by the board pursuant to this section and this chapter.
(Act 2022-360, §1.)
A licensed manufacturer or importer in this state, or its agent, may donate and deliver up to 4.5 liters or equivalent thereof of liquor sourced from a licensed manufacturer or importer to a licensed nonprofit special event operated by or on behalf of a nonprofit organization for each event. Donations shall be taxed in accordance with state and federal laws, rules, and regulations. Donations shall be reported on a form prescribed by the board. A licensed manufacturer or importer, or its agent, shall acquire the product from the board based upon the listed retail price of the product donated. Any liquor remaining at the conclusion of the nonprofit event shall be returned to the broker for disposal.
(Act 2023-136, §1)
(a)(1) Upon compliance by an applicant with this chapter and provided the operation is in compliance with state and federal laws, rules, and regulations, the Alabama Alcoholic Beverage Control Board may issue an Educational Tourism Distillery license to any person engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of liquor upon payment of the license fee as established in Section 28-3A-21.
(2) For the purposes of this section, an Educational Tourism Distillery licensee must produce, bottle, manufacture, distill, rectify, or compound 100,000 gallons or more of liquor each year.
(3) For purposes of this section, the total gross sales of an Educational Tourism Distillery licensee must be 50 percent or more from liquor products produced, bottled, manufactured, distilled, rectified, or compounded on site.
(4) For purposes of this section, an Educational Tourism Distillery licensee may export sales outside of the State of Alabama.
(5) Any licensee operating under or in conjunction with an Educational Tourism Distillery license shall be responsible for ensuring compliance with all applicable laws and board rules relating to the sale of alcohol.
(b) An Educational Tourism Distillery license authorizes the licensee to do all of the following on the premises pursuant to this section:
(1) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption. The sale of alcoholic beverages under this subdivision shall be confined to a designated enclosed area comprising no fewer than 500 square feet for service and consumption, within which patrons under 21 years of age are prohibited from entering. Any liquor manufactured at the licensed premises may be sold for on-premise consumption in this designated area, provided that the total amount of liquor sold in a single tasting or sampling flight does not exceed one and one-half ounces.
(2) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption in a freestanding separate structure on the licensed premises where the licensee provides or serves food. Any liquor manufactured at the licensed premises may be sold at retail for on-premises consumption in the designated area.
(3) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption at temporary or permanently designated serving stations on the licensed premises for special events such as receptions, parties, or similar gatherings. A licensee shall post at each of its special event serving stations at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. Any liquor manufactured at the licensed premises may be sold for on-premises consumption in the designated serving stations.
(4) Sell at retail in a designated enclosed area, which shall be separate from all other designated areas on the licensed premises, for off-premises consumption, liquor manufactured at the licensed premises; provided, however, liquor sold for off-premises consumption may not exceed four and one-half liters per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state and federal laws, rules, and regulations.
(5) Must provide patrons with the opportunity to participate in a guided tour of the distillery operations, which tours must include an educational component in which an in-person guide provides information to patrons regarding the historic and scientific characteristics of the liquor manufactured at the licensed premises. A licensee may offer a tasting or sampling of liquor manufactured at the licensed premises at the conclusion of each tour in a designated enclosed area which shall be separate from all other designated areas on the licensed premises, provided that the total amount of liquor provided to each patron for such tasting or sampling does not exceed one and one-half ounces. The price of the tasting or sampling shall be included in the price charged to patrons over 21 years of age for the guided tour. No retail sales shall be authorized in the designated area.
(c) An Educational Tourism Distillery licensee may transfer liquor directly from a licensed manufacturer. For the purposes of this subsection, the licensee must have a 75 percent ownership or control of the brand or product received by the licensee.
(d) The licensed premises must contain a distillery operation that encompasses no fewer than 5,000 square feet in one or more structures.
(e) There is levied and assessed upon all liquor manufactured on the premises which is dispensed or sold at retail for on-premises or off-premises consumption, as well as samplings and tastings consumed as provided in this section, the mark up and the privilege or excise tax imposed on the retail sale of liquor in a state liquor store, in the same manner as if collected in a state liquor store. Taxes and mark up described in this subsection shall be remitted by the licensee to the board. The respective mark up and taxes collected shall be distributed, respectively, in the same manner as the mark up and taxes collected in an ABC liquor store.
(f)(1) The tax levied in subsection (e) shall be collected by a return which shall be filed by the licensee with the board postmarked not later than the last day of the month following the month of production or sale of liquor, which shall be accompanied by the remittance of the tax due. The report shall include, but not be limited to, a consolidated report of all liquor manufactured, sold, or otherwise consumed on the licensed location. The report shall be in the form and containing information as the board may prescribe.
(2) If a licensee fails to file any return required to be filed with the board on or before the date prescribed therefor, including any written extension of time granted by the board in advance, there shall be assessed as a penalty the greater of 10 percent of any additional tax required to be paid with the return or fifty dollars ($50).
(3) If a licensee fails to pay to the board the amount of the tax due on a return required to be filed on or before the date prescribed for payment of the tax, including any written extension of time granted by the board in advance, there shall be added as a penalty 10 percent of the unpaid amount due on the return.
(4) Interest shall be added to any tax due to the board which is not paid by the due date, from the due date of the tax, computed based on the underpayment rate established by the Secretary of the Treasury under the authority of 26 U.S.C. § 6621.
(g) An Educational Tourism Distillery licensee shall not sell any alcoholic beverages direct to any retailer.
(h) An Educational Tourism Distillery licensee shall file with the board, prior to making any sales in Alabama, a list of its labels to be sold in Alabama and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All liquors whose labels have not been registered as herein provided for shall be considered contraband and may be seized by the board or its agents or by any peace officer of the State of Alabama without a warrant, and the goods shall be delivered to the board and disposed of as provided by law.
(i)(1) An Educational Tourism Distillery licensee shall keep at its principal place of business within the state daily permanent records that show the quantities of raw materials received and used in the manufacture of liquor, and the quantities of alcoholic beverages manufactured and stored, the sale of alcoholic beverages, the quantities of alcoholic beverages stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers or other recipients thereof.
(2) An Educational Tourism Distillery licensee shall keep and maintain for a minimum of three years all records required to be kept and maintained at the licensed location by manufacturer, wholesaler, and retailer licensees for the tax so levied, except that the Educational Tourism Distillery is not required to maintain name, address, or other personal demographic information for sales as provided in subdivision (1).
(j) An Educational Tourism Distillery licensee shall be subject to inspection by members of the board or by individuals authorized and designated by the board at any time of the day or night as they may deem necessary for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees, at all times, shall be open to inspection by members of the board or by individuals authorized and designated by the board. Members of the board and its authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.
(k) An Educational Tourism Distillery licensee may be certified in the Responsible Vendor Program.
(l) A licensee shall post in each of its locations where alcoholic beverages are served at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. The sign shall be posted at a point of sale or in any other location that is visible to customers and employees.
(m) An Educational Tourism Distillery licensee shall maintain a surety bond of not less than twenty-five thousand dollars ($25,000), payable to the board for any outstanding fine, penalty, or tax.
(n) Upon approval of the board, a licensee shall be allowed one off-premises manufacturer extension location for the exclusive storage of finished and unfinished goods pursuant to this section:
(1) A licensee shall provide documentation indicating approval from the Alcohol and Tobacco Tax and Trade Bureau for the extension. Prior to a manufacturer extension being issued in Alabama, the licensee must provide all of the following:
a. Approval of the manufacturer extension from the Alcohol and Tobacco Tax and Trade Bureau.
b. A lease, deed, or other document showing control of the property.
c. A current, valid Educational Tourism Distillery license from the board.
(2) The application for a manufacturing extension must be approved by the board prior to its use.
(3) The manufacturer extension premises must be secured at all times.
(4) The manufacturer extension premises may not be used for the exportation of products nor any form of distribution of products within Alabama.
(5) Except where otherwise prohibited by federal or state law, a licensee may obtain a manufacturer extension for a building located 10 miles or less from the original licensed premises. A manufacturer extension is prohibited outside the State of Alabama.
(6) Authorized representatives of the board or commissioned law enforcement officers of the state, county, or municipality in which the manufacturer extension premises is located may enter and search, without a warrant, the manufacturer extension premises or any building owned or occupied by the licensee in connection therewith, adjoining, adjacent to, or part of the curtilage thereof, whether used as a private dwelling or not, at any time.
(7) No sales, sampling, or tastings of any alcoholic beverage shall be allowed at the manufacturer extension premises.
(8) A licensee under this section which is issued a manufacturer extension shall maintain all records related to the disposition of the finished or unfinished goods stored in the extension, as applicable.
(9) The finished and unfinished goods may be transported in bond from the licensed premises to the manufacturer extension location for storage, as applicable. Transportation shall be made by the licensee or employee of the same in a vehicle bearing signage on each side identifying the licensee. A current copy of the manufacturer extension and the bill of lading or other documentary evidence of ownership of the product shall be included on board the transportation vehicle.
(Act 2025-413, §1.)
AMENDED BY ACT 2026-504, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant an importer license which shall authorize the licensee to import alcoholic beverages manufactured outside the United States of America into this state or for sale or distribution within this state of liquor and wine to the board or the state, and table wine and beer to wholesaler licensees of the board. No person shall import alcoholic beverages manufactured outside the United States into this state or for sale or distribution within this state or to the state, the board or any licensee of the board, unless such person shall be granted an importer license issued by the board.
(b) An importer licensee shall not sell any alcoholic beverages for consumption on the premises where sold; nor, unless issued a wholesale license, sell or deliver to any retailer; nor deliver any such alcoholic beverages in other than original containers approved as to capacity by the board, and in accordance with standards of fill prescribed by the U.S. Treasury Department; nor maintain or operate within the state any place or places, other than the place or places covered by his or its importer license, where alcoholic beverages are sold or where orders are taken.
(c) Each importer licensee shall be required to file with the board, prior to making any sales in Alabama, a list of its labels to be sold in Alabama and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All liquors and wines whose labels have not been registered as herein provided for shall be considered contraband and may be seized by the board or its agents, or any peace officers of the State of Alabama, without a warrant and said goods shall be delivered to the board and disposed of as provided by law.
(d) All such importer licensees shall be required to mail to the board prior to the twentieth day of each month a consolidated report of all shipments of beer and table wine made to each wholesaler during the preceding month and of all shipments of alcoholic beverages received during the preceding month. Such reports shall be in such form and containing such information as the board may prescribe.
(e) The books and records of such licensee shall, at all times, be open to inspection by members of the board, or by persons duly authorized and designated by the board. Members of the board and its duly authorized agents shall have the right, without hindrance, to enter any place which is subject to inspection hereunder, or any place where such records are kept for the purpose of making such inspections and making transcripts thereof.
(f) Licenses issued under this section shall, unless revoked or suspended in the manner provided in this chapter, be valid for the license year commencing January 1 of each year.
(Acts 1980, No. 80-529, p. 806, §7.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a liquor wholesale license which shall authorize the licensee to import and receive shipments of liquor or wine from outside the state from licensed manufacturers and to sell at wholesale or distribute liquor or wine to the board or as authorized by the board except a liquor wholesale licensee may not sell liquor to retail licensees of the board. Sales shall be in original packages or containers as prepared for the market by the manufacturer or bottler. No person shall sell at wholesale or distribute liquor or wine within this state to the board or as authorized by the board unless such person shall be issued a liquor wholesale license by the board.
(Acts 1980, No. 80-529, p. 806, §8; Act 2010-607, p. 1478, §1.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a wholesale license which shall authorize the licensee to import and receive shipments of beer and table wine from outside the state from licensed manufacturers, to purchase beer and table wine from licensed manufacturers or other licensed wholesalers within the state and to sell at wholesale or distribute beer and table wine to all licensees or others within this state lawfully authorized to sell beer and wine within said state, and to export beer and wine from the state. Sales to all authorized persons shall be in original packages or containers as prepared for the market by the manufacturer or bottler. No person shall sell at wholesale or distribute beer or table wine within this state or to licensees of the board unless such person shall be issued a wholesale license by the board.
(Acts 1980, No. 80-529, p. 806, §9.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a warehouse license which will authorize the licensee to receive, store or warehouse alcoholic beverages within the state for transshipment inside and outside the state. No person other than a manufacturer or wholesaler licensee shall receive, store or warehouse alcoholic beverages with the state for transshipment inside and outside the state without first obtaining a warehouse license from the board.
(Acts 1980, No. 80-529, p. 806, §10.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall, where the application is accompanied by a certificate from the clerk or proper officer setting out that the applicant has presented his application to the governing authority of the municipality, if the licensed premises is to be located therein, and has obtained its consent and approval, issue a retail liquor license which will authorize the licensee to purchase liquor and wine from the board or as authorized by the board and to purchase table wine, and beer, including draft or keg beer in any county or municipality in which the sale thereof is permitted, from any wholesaler licensee of the board and to sell at retail liquor and wine, dispensed from containers of any size, and beer, including draft or keg beer in any county or municipality in which the sale thereof is permitted, to patrons. A lounge liquor licensee may permit dancing or provide other lawful entertainment on the licensed premises. No person under 19 years of age shall be admitted on the premises of any lounge liquor licensee as a patron or employee, and it shall be unlawful for any such licensee to admit any minor to the premises as a patron or employee.
(Acts 1980, No. 80-529, p. 806, §11.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board may, where the application is accompanied by a certificate from the clerk or proper officers setting out that the applicant has presented his application to the governing authority of the municipality, if the licensed premises is to be located therein, and has obtained its consent and approval, issue a club liquor license for a club which will authorize the licensee to purchase liquor and wine from the board or as authorized by the board and to purchase table wine and beer, including draft or keg beer in any county or municipality in which the sale thereof is permitted, from any wholesale licensee of the board and to sell liquor and wine, dispensed from containers of any size, and beer, including draft or keg beer, in any county or municipality in which the sale thereof is permitted, to the members of the club or their guests for on-premises consumption and to sell all of the above for off-premises consumption except on Sunday.
(Acts 1980, No. 80-529, p. 806, §12.)
(a) Upon applicant’s compliance with this chapter and the rules adopted thereunder, the board shall, where the application is accompanied by a certificate from the clerk or proper officer setting out that the applicant has presented his or her application to the governing authority of the municipality, if the licensed premises is to be located therein, and has obtained its consent and approval issue a restaurant liquor license for a hotel, restaurant, civic center authority, or dinner theater which will authorize the licensee to purchase liquor and wine from the board or as authorized by the board and to purchase table wine and beer, including draft or keg beer, in any county or municipality in which the sale thereof is permitted, from any wholesale licensee of the board and, in that part of the hotel, restaurant, club, or dinner theater set out in the license, to sell liquor and wine, dispensed from containers of any size, and beer, including draft or keg beer, in any county or municipality in which the sale thereof is permitted, to the patrons, guests, or members for on-premises consumption in any part of the civic center or in that part of the hotel, restaurant, or dinner theater habitually used for serving meals to patrons, guests, or members, or other public or private rooms of the building in accordance with this chapter and the rules adopted thereunder, and where a restaurant located in a hotel, but not operated by the owner of the hotel, is licensed to sell alcoholic beverages in the restaurant, it may also sell alcoholic beverages to guests in private rooms in the hotel.
(b) In accordance with Section 28-3A-13.1, a restaurant retail liquor licensee licensed to sell beer, wine, or spirits for on-premises consumption may apply for and be issued a delivery service license that authorizes the licensee to deliver, along with the purchase of a meal, beer, wine, or spirits from the retailer’s premises.
(Acts 1980, No. 80-529, p. 806, §13; Act 2021-188, §2.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Any entity licensed by the board for off-premises consumption, restaurant licensee of the board, or valid and responsible organization of good reputation that is registered to do business in the state may apply for and be issued a delivery service license. In order to receive a license, an applicant shall do all of the following:
(1) File an application with the board.
(2) Pay a non refundable filing fee of one hundred dollars ($100), and a license fee of two hundred fifty dollars ($250).
(3) Provide to the board a sample contract that the applicant intends to enter into with a retailer for the delivery of beer, wine, and spirits, unless the applicant is the retailer.
(4)a. Provide to the board both of the following:
An attestation that the applicant is 21 years of age or older.
A true, correct, and complete criminal court record of all arrests and subsequent dispositions for the past three years. If the applicant has been convicted of a felony or a misdemeanor for a violation of Section 28-3A-25(a)(3), then the board shall reject the application and shall not issue a license.
b. This subdivision shall not apply to publicly traded companies.
(5)a. For an applicant with four or more delivery drivers, whether those drivers are employees or independent contractors, provide proof of a general liability insurance policy in an amount no less than five million dollars ($5,000,000) per occurrence.
b. For an applicant with three or fewer delivery drivers, whether those delivery drivers are employees or independent contractors, provide proof of a general liability insurance policy in an amount no less than two million dollars ($2,000,000) per occurrence.
(6) Provide to the board an outline for an internal or external training and certification program for delivery personnel which addresses topics such as identifying underage individuals, intoxicated individuals, and fake or altered identification.
(b) A delivery service licensee may deliver, or contract with any retailer in the state for the delivery of, beer, wine, or spirits from a retail premises to an individual in the state who is at least 21 years of age, for personal use by that individual only, and not for resale, subject to all of the following:
(1) The individual placing the order must receive the ordered alcoholic beverages on the same calendar day that the alcoholic beverages are removed from the licensed retail premises.
(2) Any delivery shall be made in vehicles that are owned or leased by the delivery service licensee or an employee or independent contractor of the licensee.
(3) Any beer, wine, or spirits shall be delivered in a sealed unopened container.
(4) If the delivery service licensee is a restaurant, then any beer, wine, or spirits delivered by the licensee must be accompanied by a meal.
(5) If the delivery service licensee is a manufacturer or brewpub with off-premises retail privileges under Sections 28-3A-6, 28-4A-3, or 28-7-18, the manufacturer or brewpub may deliver, directly from the manufacturer or brewpub to any individual in any single 24-hour period, an amount not to exceed the amount that the manufacturer or brewpub is authorized to sell to each customer each day under Sections 28-3A-6 or 28-4A-3.
(6)a.1. Beer, with the exception of draft beer, may be delivered in any size container, provided that the total amount delivered does not exceed the equivalent of 120 12-ounce containers of beer per customer in any single 24-hour period.
b. Wine may be sold in any size container, provided that the total amount delivered does not exceed 9,000 milliliters or the equivalent of 12 750-milliliter bottles of wine per customer in any single 24-hour period.
c. Spirits may be sold in any size bottle by an off-premises licensee; provided, the total amount delivered does not exceed 9,000 milliliters per customer in any single 24-hour period.
d. Spirits may be sold in any size bottle by a restaurant licensee; provided, the total amount delivered does not exceed 375 milliliters per customer in any single 24-hour period.
(7) Any employee or independent contractor delivering beer, wine, or spirits shall comply with all of the following:
a. Is at least 21 years of age.
b. Has a valid driver’s license.
c. Has, within the last 24 months, undergone a criminal background check that includes driving records, and the results of which comply with all of the following:
The individual has not been convicted within the past seven years of driving under the influence.
The individual has not been convicted, at any time, of a crime involving a sexual offense, fraud, property damage, theft, an act of violence, or an act of terror.
The individual does not have a match on the National Sex Offender Registry.
d. Does not receive compensation based on whether an attempted delivery of beer, wine, or spirits results in a completed transaction.
e. Is trained and certified consistent with the training program submitted to the board as required by subdivision (a)(6), with documentation on file with the delivery service licensee. Upon request, the licensee shall provide this documentation to the board.
(8) A delivery service licensee may facilitate orders for the sale and delivery of beer, wine, or spirits by telephone, Internet, or by other electronic means; provided, all of the following:
a. The delivery service licensee shall obtain from the customer a confirmation that he or she is at least 21 years of age at the time the order is placed.
b. The delivery service licensee shall ensure all payments have been processed for delivery prior to removing the alcoholic beverages from the licensed premises.
c. If the delivery service licensee is a retail licensee, any order for sale and delivery of beer, wine, or spirits received at the licensee’s primary place of business or through a third party licensee or facilitator shall be construed as a sale made at the licensee’s primary place of business.
(9) Any delivery in a sealed package shall be stamped, printed, or labeled in a manner approved by the board, and that stamp, print, or label shall be prominently displayed on the outside of the sealed package to indicate in readily apparent font or type that the package contains alcohol and that the signature of an individual at least 21 years of age is required for delivery.
(10) A delivery service licensee shall require each recipient, at the time of delivery, to provide valid photo identification that conforms to board rules and that verifies that he or she is at least 21 years of age, and shall require the recipient to sign for the delivery.
(11) A delivery service licensee shall possess identification scanning software technology, or a state-of-the-art alternative approved by the board, available at the point of delivery that verifies the recipient is at least 21 years of age and retains the recipient’s name, date of birth, and signature.
(12) A delivery service licensee shall provide each employee or independent contractor making a delivery with either a printed copy of the delivery service license or an electronic copy indicating the delivery service license’s name and number, which shall be available for inspection upon request from the board or any law enforcement officer.
(13) A delivery service licensee shall return any beer, wine, or spirits to the retailer if the recipient is under the age of 21 years; appears intoxicated; fails to provide proof of identification; fails or refuses to sign for delivery; fails to complete the identification scanning software process or state-of-the-art alternative; declines to accept the delivery of beer, wine, or spirits; or any circumstances in the delivery environment which indicate illegal conduct, overconsumption, or an otherwise unsafe environment for the consumption of alcohol. In no event shall a delivery service licensee leave an alcoholic beverage delivery unattended.
(14) A delivery service licensee may deliver through a dry county or municipality, but may not deliver or cause a delivery to be made to an individual residing in a dry county or dry municipality. Every employee or independent contractor conducting a delivery shall maintain within the delivery vehicle evidence, electronic or otherwise, that the intended recipient of any alcoholic beverages is not located in a dry county or dry municipality.
(15) A delivery service licensee may deliver alcoholic beverages only during hours when alcoholic beverages may be sold under general or local law.
(16) A delivery service licensee may not deliver any alcoholic beverage to any residence hall on the grounds of any institution of higher learning, including any college, university, community college, technical college, or junior college.
(17) A delivery service licensee may not deliver alcoholic beverages to a location more than 75 miles from the licensed premise of the retail licensee where the delivery originated.
(18) A delivery service licensee may not deliver any alcoholic beverage to any licensee of the board.
(19) A delivery service licensee shall report, at the direction of the board, the total amount of beer, wine, or spirits directly delivered to residents in the state during the preceding calendar year.
(20) A delivery service licensee shall permit the board or the Department of Revenue to perform an audit of the licensee’s records upon request.
(c) A delivery service licensee shall be deemed to have consented to the jurisdiction of the board, any law enforcement agency, and the Alabama courts concerning enforcement of this section and any related laws or rules.
(d) A delivery service licensee shall be considered to be a servant or agent of the retail licensee with whom the licensee has contracts, and any violation by the delivery service licensee, its employees, or its independent contractors may also be deemed to be a violation by the retail licensee.
(e) A technology services company shall not be required to obtain a delivery service license if the company does not employ or contract with the individual making the deliveries, but merely provides software or a digital network application that connects consumers and licensed retailers for the delivery of alcoholic beverages from a licensed retailer.
(f) A delivery service licensee may renew its license with the board by paying an annual renewal fee of two hundred fifty dollars ($250) and by otherwise complying with the renewal process set forth in Section 28-3A-5.
(g) The board may enforce the requirements of this section to suspend or revoke a delivery service license by the same administrative proceedings that apply to alcoholic beverage licenses, and the board may accept payment of a fine in lieu of suspension or revocation. The payments shall be as determined by rule of the board.
(h) Except as provided in this section, local ordinances establishing different rules on delivery, delivery service licensees, or requiring additional permits or fees, are prohibited.
(i) The board may adopt rules pursuant to the Alabama Administrative Procedure Act to implement this section.
(j) Any violation of this section is a Class B misdemeanor upon a first conviction. A second or subsequent conviction is a Class A misdemeanor.
(Act 2021-188, §3.)
(a) Any retailer licensed to sell beer or wine for off-premises consumption by the Alcoholic Beverage Control Board may contain facilities for the sale of beer or table wine, or both, by means of a “drive-up,” “walk-up,” or “drive-thru” window or other type of exterior access. Any employee handling beer or wine at the “drive-up,” “walk-up,” or “drive-thru” window must be 21 years of age or older.
(b) Any sale made pursuant to subsection (a) shall be subject to all existing federal, state, and local laws, rules, and regulations for the sale of alcoholic beverages.
(c) Not later than January 1, 2023, the board shall adopt rules to implement this section.
(Act 2022-431, §1.)
(a) A licensee of the Alcoholic Beverage Control Board who holds a license that allows the sale of alcoholic beverages for on-premises consumption or for off-premises consumption, or both, may sell alcoholic beverages, for off-premises consumption only, using curbside pick-up or takeout services.
(b) All alcoholic beverages sold pursuant to this section must be in sealed, unopened containers and as follows:
(1) Liquor may be sold in any size container, provided the total amount of liquor sold may not exceed 9,000 milliliters per customer in any single 24-hour period, except restaurant licensees’ liquor sales may not exceed 375 milliliters per customer and must be accompanied by a food order.
(2) Table wine may be sold in any size container, provided the total amount of table wine sold may not exceed 9,000 milliliters or the equivalent of 12 750 milliliter bottles of table wine per customer.
(3) Beer, with the exception of draft beer, may be sold in any packaging and in any size container, provided the total amount of beer sold may not exceed 120 12-ounce containers of beer per customer.
(4) Draft beer may be sold only in areas where draft sales are authorized and sealing requirements are met, provided the total amount of draft beer sold may not exceed 288 ounces per customer.
(c) Any employee handling alcoholic beverages for a pick-up or takeout order must be 21 years of age or older and must verify that the recipient is 21 years of age or older.
(d) The licensee is responsible for complying with all other laws of this title and rules adopted by the board thereunder.
(Act 2022-431, §2; Act 2023-287, §1.)
Upon the applicant’s compliance with this chapter and the rules adopted thereunder, the board shall issue to the applicant a retail table wine license which authorizes the licensee to purchase table wine from the board or from a licensed wholesaler in counties and municipalities where authorized, and to sell at retail, in unopened original containers, and to sell at retail or to dispense in a container approved by the board, for on-premises consumption in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public, and in containers approved by the board for off-premises consumption, where the use of the proposed location is not, at the time of the original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the outlet is located.
(Acts 1980, No. 80-529, p. 806, §14; Act 2021-188,§2; Act 2021-454, §1.)
Upon an applicant’s compliance with this chapter and the rules adopted thereunder, in counties and municipalities where authorized, the board shall issue a retail table wine license for any retail outlet, which license will authorize the licensee to purchase table wine in packaged form from the board or licensed wholesalers, and to sell the table wines in original unopened containers or in a container approved by the board at retail for off-premises consumption, where the use of the proposed location of the retail outlet is not, at the time of original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the retail outlet is located.
(Acts 1980, No. 80-529, p. 806, §15; Act 2022-39, §1.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a retail beer license which will authorize the licensee to purchase beer, including draft beer in counties or municipalities where the sale thereof is permitted, from a licensed wholesaler and to sell at retail for on-premises consumption in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public, and in original unopened containers for off-premises consumption, where such use of the proposed location is not, at the time of the original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the outlet is located.
(Acts 1980, No. 80-529, p. 806, §16.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a retail beer license which will authorize the licensee to purchase beer, including draft beer in counties or municipalities where the sale thereof is permitted, in original unopened containers from licensed wholesalers and to sell such beer in packaged form at retail for off-premises consumption, where such use of the proposed location is not, at the time of the original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the retail outlet is located.
(Acts 1980, No. 80-529, p. 806, §17.)
(a)(1) Notwithstanding any rule adopted by the board, the board may issue an entertainment district designation to any retailer licensee that is licensed to sell alcoholic beverages for on-premises consumption and to any manufacturer licensee that conducts tastings or samplings on the licensed premises, provided the licensees are located in an entertainment district established pursuant to this section.
(2) A licensee who receives an entertainment district designation under this subsection shall comply with all laws and rules governing its license type, except that the patrons, guests, or members of that licensee may exit that licensed premises with open containers of alcoholic beverages and consume alcoholic beverages anywhere within the confines of the entertainment district, which shall be permitted, but may not enter another licensed premises with open containers or closed containers of alcoholic beverages acquired elsewhere.
(3) The permission granted by this subsection permitting the consumption of alcoholic beverages anywhere within the confines of the entertainment district shall not extend the confines of the licensed premises.
(b) The governing body of any Class 5 municipality covered by Act 2013-382, or a municipality with an incorporated arts council, main street program, or downtown development entity, may establish not more than two entertainment districts within its corporate limits, each of which must have not fewer than four licensees holding a retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.
(c) The governing body of a Class 2 municipality, Class 3 municipality, Class 4 municipality, or any municipality that is located 15 miles north of the Gulf of Mexico, may establish up to nine entertainment districts within the corporate limits, each of which must have not fewer than four licensees holding a manufacturer’s license that conducts tastings or samplings on the licensed premises, a restaurant retail liquor license, an on-premises alcoholic beverage license, or other retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.
(d) The governing body of a Class 1 municipality may establish up to 15 entertainment districts within its corporate limits, each of which shall have not fewer than four licensees holding a manufacturer’s license that conducts tastings or samplings on the licensed premises, a restaurant retail liquor license, an on-premises alcoholic beverage license, or other retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.
(e) The governing body of a Class 8 municipality which is located in a county with a Class 3 municipality may establish two entertainment districts within its corporate limits that may not have fewer than four licensees holding a retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.
(f) For the purposes of subsections (c) and (d), the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district, regardless of the terms and conditions of licensure.
(g) In a Class 2 municipality, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a municipal sidewalk or deck immediately adjacent or connected to the premises and, during special events, directly outside the entrance to the premises.
(h) The governing body of a Class 8 municipality that is located in a county with a Class 2 municipality and is primarily located on an island may establish three entertainment districts within its corporate limits. One district must have no fewer than two licensees holding a retail liquor license in a business or commercial area; one district may be established in a business or commercial area at times when special events are held as designated by the governing body; and one district may be established on property owned by the Dauphin Island Property Owners Association and known as the Isle Dauphine Complex. Each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.
(1) For purposes of this subsection, the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district, regardless of the terms or conditions of licensure.
(2) For purposes of this subsection, with the approval of the local governing body and the board, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a deck, boardwalk, or municipal sidewalk immediately adjacent or connected to the premises and, during special events, directly outside the entrance to the premises. The licensee must possess legal control over all property that is included in the premises licensed by the board.
(i)(1) The governing body of a Class 8 municipality that meets all of the following qualifications may establish three entertainment districts within its corporate limits, provided that each district has no fewer than four licensees holding a retail liquor license in that area, and each district does not exceed one-half mile by one-half mile in area, but may be irregularly shaped:
a. The municipality is not in a county with a Class 2 municipality.
b. The municipality abuts or spans the Intracoastal Waterway and abuts the Gulf of Mexico.
c. The municipality has an incorporated arts council, main street program, or downtown development entity.
(2) For purposes of this subsection, the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district regardless of the terms or conditions of licensure.
(3) For purposes of this subsection, with the approval of the local governing body and the board, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a deck, boardwalk, or municipal sidewalk immediately adjacent or connected to the premises and, during special events, directly adjacent to the entrance of the premises. The licensee must possess legal control over all property that is included in the premises licensed by the board.
(j) All laws or parts of laws which conflict with this section are repealed. All general, local, and special laws or parts of laws are hereby repealed to the extent that they designate or restrict the boundaries, size, or area of entertainment districts.
(Act 2012-438, p. 1238, §§1-4; Act 2013-382, p. 1436, §1; Act 2017-87, §1; Act 2019-185, §2; Act 2019-468, §1; Act 2021-350, §2; Act 2022-134, §2; Act 2022-237, §1.)
(a) As used in this section, “food or beverage truck” means a fully encased food or beverage service establishment approved by the Department of Public Health, which is housed on a motor vehicle or on a trailer that a motor vehicle pulls to transport, and from which a vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages, or both, for immediate human consumption. The term does not include a food or beverage cart that is not motorized.
(b)(1) Upon a food or beverage truck applicant’s compliance with this chapter and any rules adopted thereunder, and upon presentation of the certificate described in subdivision (2), the board shall issue to the applicant a food or beverage truck license that will authorize the licensee to purchase liquor and wine from the board or, as authorized by the board, table wine and beer, including draft or keg beer, from any wholesale licensee of the board and to sell alcoholic beverages for on-premises consumption to guests who may consume the beverages in open containers anywhere within an area designated by the municipal governing body within an established entertainment district, provided the license is not prohibited by a valid ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality in which the food or beverage truck is located.
(2) An applicant shall obtain from the municipality in which the food or beverage truck intends to operate a certificate setting out that the applicant has presented his or her application to the governing body of the municipality and the municipality approves of the issuance of the license for the food or beverage truck to sell alcoholic beverages.
(c) The food or beverage truck license fee shall be three hundred dollars ($300).
(d) A food or beverage truck operating outside the designated entertainment district may not sell alcoholic beverages.
(e) A food or beverage truck licensee shall consent, in writing, to warrantless inspections by city, county, and state inspectors and law enforcement.
(f) A food or beverage truck licensee must comply with all on-premises rules, other than the requirement for seating and restrooms.
(g) Each food or beverage truck licensee shall collect and remit all state and local sales and use taxes and all excise and privilege taxes due on the sale of alcoholic beverages.
(h) A food or beverage truck licensee may not serve or be authorized to serve any food or beverage within 150 feet of any entrance to any permanent restaurant or to any Alcoholic Beverage Control Board licensee.
(i) The board, by rule, may require security cameras in all licensed food or beverage trucks and may require a barrier be placed as a boundary around the vicinity of the food or beverage truck or group of food or beverage trucks within which consumption of alcoholic beverages is permitted. The board shall adopt additional reasonable rules to protect public health and safety.
(Act 2022-432, §1; Act 2023-523, §1.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue a retail common carrier liquor license for a railroad, airline, bus line, ship line, vessel or other common carrier entity operating passenger vehicles with a passenger seating capacity of at least 10 people, which will authorize the licensee to sell, whenever operated in Alabama, alcoholic beverages, liquor, wine and beer, including draft beer, to passengers for consumption while aboard such licensee. No railroad, airline, bus line, ship line, vessel or common carrier entity shall sell alcoholic beverages to passengers for consumption within this state without first obtaining a retail common carrier liquor license from the board.
Sales within Alabama of alcoholic beverages by retail common carrier liquor licensees shall be made in accordance with and shall be subject to the provisions of this chapter and regulations promulgated thereunder.
(Acts 1980, No. 80-529, p. 806, §18.)
Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue a special retail license in wet counties for a state park, racing commission, fair authority, airport authority, or civic center authority, or the franchises or concessionaire of such park, commission or authority, and may, in its discretion, issue a special retail license to any other valid responsible organization of good reputation for such period of time not to exceed one year and upon such terms and conditions as the board shall prescribe, which will authorize the licensee to purchase, where the retail sale thereof is authorized by the board, liquor and wine from the board or as authorized by the board and table wine and beer from any wholesale licensee of the board and to sell at retail and dispense such alcoholic beverages as are authorized by the board at such locations authorized by the board upon such terms and conditions as prescribed by the board. Provided, however, no sale of alcoholic beverages shall be permitted on any Sunday after the hour of 2:00 A.M.
(Acts 1980, No. 80-529, p. 806, §19.)
(a) Upon compliance by an applicant with the provisions of this chapter, and the regulations made thereunder, the Alcoholic Beverage Control Board may, where the application is accompanied by a certificate from the clerk or proper officers setting out that the applicant has presented his or her application to the governing authority of the municipality if the licensed premises is to be located therein, or by a certificate from the clerk or proper officers of the county if the licensed premises is to be located within the county but outside the jurisdiction of a municipality, and that the applicant has obtained the consent and approval of the proper governing authority, issue an international motor speedway license for any international motor speedway in the state which marketed at least 60,000 tickets to at least two motor sport racing events at the speedway in 1994, 1995, and 1996. Notwithstanding the provisions of subdivisions (20) and (21) of subsection (a) of Section 28-3A-25, the international motor speedway license shall authorize the licensee to purchase liquor and wine from the board, or as authorized by the board, and to purchase table wine and beer, in any county or municipality in which the sale thereof is permitted, from any wholesale licensee of the board and to sell liquor and wine, dispensed from containers of any size, and beer in any county or municipality in which the sale thereof is permitted, for on-premises consumption each day of the week, including Sundays, and to sell all of the aforementioned for off-premises consumption except on Sunday. Such sales shall be incidental to the primary purpose of recreation and athletics, and shall be confined to those buildings, facilities, and grounds which comprise the speedway.
(b) An annual license fee of three hundred dollars ($300) is levied and prescribed for an international motor speedway license issued and renewed by the board pursuant to the authority contained in this section and this chapter.
(Acts 1997, No. 97-937, §§ 1, 2.)
(a) Upon an applicant’s compliance with this chapter and rules adopted thereunder and payment of the government venue license fee as established in Section 28-3A-21, the board shall issue a government venue license to a person for such period of time and upon such terms and conditions as the board may prescribe. A government venue license authorizes the licensee to purchase liquor and wine from the board and table wine and beer from any wholesale licensee and to sell at retail and dispense for on-premises consumption alcoholic beverages at a location on property owned or leased by the state or a political subdivision of the state. Locations may include, but are not limited to, civic centers and community event spaces; concert centers, amphitheaters, and music halls; convention centers and exhibition halls; government owned stadiums and sports complexes; or historic properties, parks, fairgrounds, or other outdoor spaces.
(b) The government venue license is a special retail license, and selling and dispensing of alcoholic beverages shall be restricted to an occasional use basis. For the purposes of this section, “occasional use basis” refers to a location where alcoholic beverages are sold and dispensed at individual events that may be open to the public or restricted to private parties. The term excludes locations where alcoholic beverages are dispensed and served to the public during continual business hours on a regular schedule.
(c) Any holder of a special retail license under Section 28-3A-19 may convert the license to a government venue license no later than September 30, 2026; provided, all requirements for issuance of a government venue license are met.
(Act 2025-405, §3.)
Upon applicant’s compliance with this chapter and the regulations made thereunder, and upon application made on a form provided by the board at least 25 days in advance of the event for which a license is granted, the board shall issue a special events license for a valid, responsible organization of good reputation, for a period not to exceed seven days, and upon such terms and conditions as the board may prescribe. The license shall authorize the licensee to purchase, where the retail sale thereof is authorized by the board, liquor and wine from the board or as authorized by the board and table wine and beer from any wholesale licensee of the board and to sell at retail and dispense such alcoholic beverages as are authorized by the board to the patrons, guests, or members of the organization at such locations or areas as shall be authorized by the board upon such terms and conditions as prescribed by the board. No sale of alcoholic beverages shall be permitted on any Sunday after the hour of 2:00 A.M.
(Acts 1980, No. 80-529, p. 806, §20; Acts 1996, No. 96-763, p. 1348, §1.)
Notwithstanding any provision of this chapter to the contrary, a person holding a license to sell alcoholic beverages for consumption on the licensed premises may permit a customer to remove one unsealed bottle of wine for consumption off the premises if the customer has purchased and consumed a portion of the bottle of wine on the licensed premises. The licensee or the licensee’s agent shall either: (1) recork the bottle of wine with the original or similar type cork that is reinserted in the bottle and the cork can only be removed by a corkscrew or similar device; or (2) securely reseal the bottle in a bag designed so that it is visibly apparent that the resealed bottle of wine has not been tampered with and shall provide a dated receipt for the resealed bottle of wine to the customer. A wine bottle recorked or resealed pursuant to the requirements of this section is otherwise subject to the requirements of Section 32-5A-330 as further provided herein. The recorked or resealed bottle of wine, if transported in a motor vehicle, shall be placed in a locked trunk; in a storage or luggage compartment; in a locked glove compartment; in a storage or cargo compartment in the bed of a pickup truck or in a locked case placed in an area not readily accessible behind the front seat of a pickup truck if the truck has no trunk or separate enclosed area other than the truck cab; or in the area behind the last upright seat of a motor vehicle which is not equipped with a trunk.
(Act 2012-315, p. 713, §1; Act 2014-164, p. 470, §1.)
(a) Notwithstanding any provision of law, a tasting of liquor or wine may be conducted by a licensed manufacturer or its representative inside the premises of a retail licensee that is licensed to sell liquor for off-premises consumption only or inside a state liquor store, in compliance with this section and Section 28-3A-25 and rules of the Alabama Alcoholic Beverage Control Board.
(b) Each state liquor store and each holder of a retail license for the sale of liquor for off-premises consumption only may permit a licensed manufacturer or its representative to conduct at no charge to the consumer, inside the state liquor store or the premises of the licensee, tastings of wine and distilled spirits. These tastings may not exceed one ounce serving of each wine, the number of wines being limited to no more than four products at any one tasting; and one-quarter ounce serving of each distilled spirit, the number of distilled spirits being limited to no more than two products at any one tasting. The tasting shall commence no later than six o’clock p.m. and end within two hours of the initial tasting. There shall be only one tasting of any kind on a given premises within a 24-hour period.
(c) Tastings may be held at not more than 10 percent of the state liquor stores during the calendar year ending December 31, 2016. During the 2017 calendar year, tastings may be held at not more than 20 percent of the state liquor stores. Beginning January 1, 2018, tastings may be held at not more than 28 percent of the state liquor stores during any calendar year.
(Act 2016-111, §1.)
(a) An on-premises retail licensee may make, store, and sell infusions for on-premises consumption.
(b) As used in this section, infusion means an alcoholic beverage that is created by combining or mixing one distilled spirit with nonalcoholic food products and is not intended for immediate consumption. A nonalcoholic food product includes the following: Spices, herbs, fruits, vegetables, candy, or other substances intended for human consumption, provided that no additional fermentation occurs and none of the additives contain any additional alcohol.
(c) Any retail on-premises licensee intending to produce, store, or sell infusions shall provide written notification to the board of that intent.
(d) The container holding an infusion shall be no larger than five gallons.
(e) A batch of infused product shall satisfy all of the following:
(1) Be infused, stored, and consumed only on the licensed premises.
(2) Be labeled with all of the following information:
a. A statement that the infused product contains alcohol.
b. A title for the recipe.
c. The name of the person who prepared the batch of infused product.
d. The date the batch of infused product was produced.
e. The expiration date of the batch of infused product.
f. The brand and type of spirits used to prepare the batch of infused product.
g. The amount of spirits used to prepare the batch of infused product.
h. A detailed and comprehensive list of all ingredients used to prepare the batch of infused product.
(3) Comply with all applicable state and federal food safety regulations.
(4) Be disposed of within 22 days after being prepared.
(f) A batch of infused product may not:
(1) Contain any added stimulant, drug, or illegal substance including, but not limited to, caffeine, guarana, ginseng, taurine, marijuana, or any product or beverage which includes stimulants that are not naturally included in the infused product or beverage including, but not limited to, an energy drink.
(2) Be removed or transported from the licensed premises.
(3) Be infused in, stored in, or dispensed from an original package of liquor, or container bearing an alcoholic beverage name brand.
(g) The board may adopt rules to implement this section.
(Act 2019-492, §1.)
(a) The Legislature finds and declares that this section has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution and the powers reserved to the state under the Tenth Amendment to the United States Constitution and the inherent powers of the state under the Constitution of Alabama of 2022. It is the intent of the Legislature that this section maintains the current three-tier system of control over the sale, distribution, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state and promotes the health, safety, and welfare of residents of this state.
(b)(1) Notwithstanding any other section of this title, including, but not limited to, Sections 28-3A-6, 28-3A-25, and 28-7-4, upon application made on a form provided by the board at least 25 days in advance of the event for which a license is sought and accompanied by a fee not to exceed fifty dollars ($50), the board shall issue a license for a wine festival to a manufacturer of wine licensed by the board manufacturing at least 500 gallons of table wine in this state annually; a retailer; an organization comprised entirely of grape growers, wineries, or grape growers and wineries; a municipality; a county; or an incorporated arts council, main street program, 501(c) organization, other nonprofit organization as that term is defined by rule of the board, or downtown development entity upon such terms and conditions as the board may prescribe by rule.
(2) The wine festival license shall authorize the licensee to host a festival at which wine festival participant licensees may dispense tastings and sell at retail to individuals physically present at the festival for on-premises or off-premises consumption and for personal use and not for resale, subject to subsection (e).
(3) If the applicant for a wine festival license is a licensee of the board at the time of application, the board shall only require submission of all of the following information:
a. The name and address of the applicant and photo identification.
b. The start and end dates of the festival.
c. A description of the wine festival location. If the applicant does not own or control the wine festival location, then the applicant shall include written permission by the person with ownership or control over the property for the wine festival licensee and any wine festival participant licensees to use the property for that wine festival.
(4) The board shall not require either of the following:
a. That the applicant submit the application to the board in person.
b. That the applicant certify that a liquor liability insurance policy providing coverage for the applicant for the wine festival has been purchased if the applicant submits a written statement from the liquor liability insurer that the applicant’s existing liquor liability insurance policy covers the applicant’s activities at the wine festival.
(c) A wine festival licensed under this section may not operate for more than five consecutive days.
(d)(1) Upon application made on a form provided by the board at least 15 days in advance of the event for which a license is sought and accompanied by a fee not to exceed ten dollars ($10), the board shall issue a wine festival participant license to any retailer or any manufacturer of table wine licensed by the board that manufactures at least 500 gallons of table wine in this state annually.
(2) A wine festival participant license shall authorize the licensee to dispense tastings and sell at retail to individuals physically present at the festival for on-premises consumption or off-premises consumption and for personal use and not for resale, subject to subsection (e).
(3) Because the applicant for a wine festival participant license is already a licensee of the board at the time of application, the board shall only require submission of all of the following information:
a. The name and address of the applicant and photo identification.
b. The start and end dates of the festival.
c. A description of the wine festival location.
d. If the host licensee for the wine festival is a 501(c)(3) organization or other nonprofit organization as described in subdivision (b)(1), a written certification from the applicant that a majority of the net proceeds from the applicant’s sales at the festival shall go to the nonprofit organization.
(4) The board shall not require any of the following:
a. That the applicant submit the application to the board in person.
b. A certificate showing that the applicant has purchased a liquor liability insurance policy for the wine festival if the applicant submits one of the following:
A written statement from the applicant’s liquor liability insurer certifying that the applicant’s existing liquor liability insurance policy covers the applicant’s activities at the wine festival.
A written statement from the wine festival licensee’s liquor liability insurer that the licensee’s existing liquor liability insurance policy covers the activities of the host and any wine festival participant licensee at the wine festival who does not currently possess a liquor liability insurance policy.
(e)(1) Wine sold at a wine festival for off-premises consumption shall only be sold by a wine festival participant licensee and shall be sealed, labeled, and packaged in accordance with local, state, and federal laws and regulations.
(2) A wine festival participant licensee may not sell more than one case of wine to any individual per festival.
(3) For purposes of this section, one case of wine means the equivalent of 12 750-milliliter bottles of wine.
(f) The sale of wine at any wine festival may not be permitted on any Sunday in a county or municipality that has not authorized alcoholic beverages to be sold on Sunday.
(g) If a wine festival is to take place entirely on the premises of the winery that was granted the license to host the wine festival or a winery that is a member of the organization granted the license to host the festival, then the board may not require any fee for the wine festival license or any wine festival participant license relating to that festival.
(h)(1) Each wine festival participant licensee participating in a wine festival shall collect and remit all state and local sales and use taxes and all excise and other taxes due on the sale of wine by the licensee to customers at retail.
(2) Notwithstanding subdivision (1), a wine festival participant licensee that is a retail licensee of the board, or a wine festival participant licensee that is a manufacturer licensee of the board which also sells wine at retail, in a method and manner established by the Department of Revenue, may include the collection and remittance of all state taxes due on the sale of wine at the festival in the same method and manner as other sales of wine at retail.
(3) Each wine festival participant licensee shall collect all county and local sales and use taxes due on the sale of wine at the festival and may remit those taxes to the wine festival licensee in a manner and method established by the wine festival licensee. The wine festival licensee shall remit the state and local sales and use taxes to the appropriate governing body within seven days following the conclusion of the wine festival, whether or not the wine festival licensee is exempt from sales tax by law.
(4)a. A wine festival licensee shall send notification, in writing, to the county governing body, and if applicable, to the municipal governing body no less than seven days prior to the wine festival. This notification shall include any information necessary to ensure the proper sales tax is collected and remitted from all sales by each wine festival participant licensee and shall include a list of all current wine festival participant licensees for that wine festival with contact information for each licensee.
b. The wine festival licensee shall collect county and local sales and use taxes for sales made by all wine festival participant licensees at a wine festival which have elected to remit taxes through the wine festival licensee pursuant to subdivision (3), whether or not that wine festival licensee is exempt from sales tax by law. The wine festival licensee shall remit the sales and use taxes as provided in subdivision (3).
c. Each wine festival licensee and wine festival participant licensee shall be subject to audit by the county and municipal governing body of the location at which the wine festival occurs, for the county and local sales tax remitted by or on behalf of that licensee. Each wine festival licensee shall be responsible for any unreported sales or unremitted sales tax, including unreported or unremitted sales tax related to the failure of that licensee to fully remit and record any sale during the wine festival. Failure to remit sales tax pursuant to this section shall be enforced pursuant to Chapter 23 of Title 40.
(i) The board may not limit or prohibit the serving or featuring of food at a licensed wine festival, provided that the person serving or featuring food complies with all applicable laws and rules.
(j) A wine festival participant licensee shall not be required to apply for or purchase any county or municipal business license or alcoholic beverage license in order to participate in a wine festival pursuant to this section; provided, that the wine festival licensee for that wine festival is in compliance with paragraph (h)(4)a.
(k) For purposes of this section, “retailer” means a retailer licensed for off-premises consumption of table wine.
(l) The board may adopt rules to implement this section, including, but not limited to, rules regarding the liability of a wine festival participant licensee.
(m) If any provision of this section or its application to any person or circumstance is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit, rather than expand, commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.
(Act 2021-287, §§1-3; Act 2023-525, §1.)
(a) Upon an eligible applicant’s compliance with this chapter and rules adopted thereunder and payment of the event storage license fee as established in Section 28-3A-21 the board, on and after January 1, 2026, shall issue an event storage license to a person for such period of time not to exceed one year and upon such terms and conditions as the board may prescribe. An event storage license authorizes the licensee to purchase and store alcoholic beverages at one designated location and transfer alcoholic beverages as needed to special event venues where the licensee holds the appropriate special event license under the same Federal Employer Identification Number.
(b) Notwithstanding Section 28-3-4, only the holder of one or more of the following special event licenses shall be eligible to make application for and hold an event storage license:
(1) A special events retail license.
(2) A nonprofit special events retail license.
(3) A special retail license for 30 days or less.
(4) A government venue license.
(c) An event storage license authorizes a licensee to:
(1) Store alcoholic beverages, when not at a special event venue, at the storage location;
(2) Arrange delivery of alcoholic beverages purchased from the board or a wholesale licensee directly to the licensee’s storage location or directly to a special event license venue; and
(3) Transfer alcoholic beverages between the storage location and a special event venue. Alcoholic beverages returned from a special event venue to the storage location may then be transferred to another special event venue, but a licensee may not transfer alcoholic beverages directly from one special event venue to another special event venue without first returning the alcoholic beverages to the storage location.
(d)(1) The holder of an event storage license may only purchase beer and table wine from a licensed wholesaler that maintains the appropriate franchise for the brand purchased in the area applicable to the storage location. The holder of an event storage license may only purchase liquor from the board wholesale.
(2) The holder of an event storage license may purchase alcoholic beverages under one of the special events licenses listed in subsection (b) which is issued to the holder; provided, the purchase is made only from a vendor permitted under the special events license and that any remaining alcoholic beverages purchased are returned to the storage location.
(e) The holder of an event storage license may apply for and hold up to three such licenses, each of which permits one designated storage location, provided:
(1) All storage locations are situated at least 100 miles from one another; and
(2) Alcoholic beverages may not be transferred between storage locations.
(f) The storage location facility must:
(1) Be secured at all times with locked access when not in use;
(2) Use an access control system to monitor and restrict entry to authorized individuals only;
(3) Be temperature controlled as appropriate for the types of alcoholic beverages stored; and
(4) Comply with local zoning and building codes.
(g) An event storage licensee shall track all alcoholic beverage transfers, on a form prescribed by the board, which shall include, but not be limited to, all of the following information:
(1) The name under which the event storage license is issued.
(2) The event storage license number.
(3) The date of the transfer.
(4) The type of alcoholic beverage, the brand name, and the quantity transferred.
(5) The destination of the transfer, identified by location, special event license type, and number.
(6) If the destination of the transfer is the return of alcoholic beverages from a special event venue to a storage location, the type of alcoholic beverage, the brand, and the quantity returned.
(7) A signed certification that the transfer is in compliance with this section and board rules.
(h)(1) An event storage licensee shall maintain for a period of three years records of all alcoholic beverages purchased, stored, transferred, and sold in accordance with rules adopted by the board. These records may be maintained in an electronic format so long as the records may be promptly provided in a readable format upon request by the board.
(2) All invoices, transfer logs, and other records of an event storage licensee shall be subject to inspection by members of the board or by agents authorized and designated by the board at any time during the normal business hours established by the licensee.
(3) Inspection by the board or by agents authorized and designated by the board may:
a. Include a search by law enforcement officers with jurisdiction if the circumstances require; and
b. Extend to other buildings attached or adjacent to the storage location, including a dwelling.
(i)(1) If a discrepancy is discovered during an inspection or audit, the board may issue a compliance warning, require immediate corrective action, or issue a citation.
(2) Reoccurring discrepancies discovered by audit or inspection may be considered a violation pursuant to rules adopted by the board.
(3) The board may assess a civil fine of no more than one thousand dollars ($1,000) for each occurrence that is a violation of this chapter and may revoke the license.
(j) The board shall adopt rules to implement this section.
(Act 2025-405, §2)
(a) The following annual license fees are levied and prescribed for licenses issued and renewed by the board pursuant to the authority contained in this chapter:
(1) Manufacturer license, license fee of five hundred dollars ($500).
(2) Importer license, license fee of five hundred dollars ($500).
(3) Liquor wholesaler license, license fee of five hundred dollars ($500).
(4) Beer wholesaler license, license fee of five hundred fifty dollars ($550) plus two hundred dollars ($200) for each warehouse in addition to the principal warehouse.
(5) Wine wholesaler license, license fee of five hundred fifty dollars ($550) plus two hundred dollars ($200) for each warehouse in addition to the principal warehouse.
(6) Beer and wine wholesaler license, license fee of seven hundred fifty dollars ($750) plus two hundred dollars ($200) for each warehouse in addition to the principal warehouse.
(7) Warehouse license, license fee of two hundred dollars ($200).
(8) Lounge retail liquor license, license fee of three hundred dollars ($300).
(9) Restaurant retail liquor license, license fee of three hundred dollars ($300).
(10) Club liquor license, Class I license fee of three hundred dollars ($300), Class II license fee of seven hundred fifty dollars ($750).
(11) Retail table wine license for off-premises consumption, license fee of one hundred fifty dollars ($150).
(12) Retail table wine license for on-premises and off-premises consumption, license fee of one hundred fifty dollars ($150).
(13) Retail beer license for on-premises and off-premises consumption, license fee of one hundred fifty dollars ($150).
(14) Retail beer license for off-premises consumption, license fee of one hundred fifty dollars ($150).
(15) Retail common carrier liquor license, license fee of one hundred fifty dollars ($150) for each railroad, airline, bus line, ship line, vessel, or other common carrier entity with a vehicle passenger capacity of at least 10 people.
(16) Special retail license, license fee of one hundred dollars ($100) for 30 days or less; license fee of two hundred fifty dollars ($250) for more than 30 days.
(17) Special events retail license, license fee of one hundred fifty dollars ($150).
(18) Government venue license, license fee of two hundred fifty dollars ($250).
(19) Event storage license, license fee of five hundred fifty dollars ($550).
(20) Educational tourism distillery license, license fee of one thousand dollars ($1,000).
(b) The license fees levied and fixed by this section shall be paid before the license is issued or renewed.
(c) In addition to the foregoing filing fee and license taxes or fees, any county or municipality in which the sale of alcoholic beverages is permitted shall be authorized to fix and levy privileges or license taxes on any of the foregoing licenses located or operated therein, conditioned on a permit or license being issued by the board.
(d) No county or municipality shall have any authority to levy a license or tax of any nature on any liquor store.
(Acts 1980, No. 80-529, p. 806, §21; Acts 1981, No. 81-701, p. 1178, §2; Act 2000-146, p. 211, §3; Act 2025-405, §4; Act 2025-413, §2.)
The revenue derived from filing fees, license fees or taxes levied under Section 28-3A-4 and Section 28-3A-21 shall be deposited upon receipt by the board in the State Treasury to the credit of the Beer Tax and License Fund and each month’s receipts shall be distributed to the State General Fund no later than the end of the following month.
County license fees authorized by and levied pursuant to Section 28-3A-21 shall be collected by the board and the proceeds of such collections shall be paid by the board into the State Treasury to the credit of the county levying said license fee and paid semiannually to the governing body of said county.
(Acts 1980, No. 80-529, p. 806, §22.)
(a) No license prescribed in this title shall be issued or renewed until the provisions of this title have been complied with and the filing and license fees other than those levied by a municipality are paid to the board.
(b) Licenses shall be granted and issued by the board only to reputable individuals, to associations whose members are reputable individuals, or to reputable corporations organized under the laws of this state or duly qualified thereunder to do business in Alabama, or, in the case of manufacturers, duly registered under the laws of Alabama, and then only when it appears that all officers and directors of the corporation are reputable individuals.
(c)(1) In addition to all other requirements, an applicant for a license under this section shall submit to the board a form, sworn to by the applicant, providing written consent from the applicant for the release of criminal history background information. The form shall also require the applicant’s name, date of birth, and Social Security number for completion of a criminal history background check.
(2) An applicant shall provide the board with two complete functional sets of fingerprints, either cards or electronic, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. The fingerprints and form shall be submitted by the board to the State Bureau of Investigations for the purposes of furnishing criminal background checks. The State Bureau of Investigations shall forward a copy of the applicant’s prints to the Federal Bureau of Investigation for a national criminal background check. The applicant shall pay all costs associated with the background checks required by this section.
(3) For purposes of this section, the term “applicant” shall include every person who has any proprietary or profit interest of 10 percent or more in the licensed establishment, but shall not include any public corporation whose shares are traded on a recognized stock exchange.
(4) The board shall keep information received pursuant to this section confidential, except that information received and relied upon in denying the issuance of a license in this state may be disclosed as may be necessary to support the denial or when subpoenaed from a court.
(d) Every license issued under this title shall be constantly and conspicuously displayed on the licensed premises.
(e) Each retail liquor license application must be approved by the governing authority of the municipality if the retailer is located in a municipality, or by the county commission if the retailer is located in the county and outside the limits of the municipality, before the board shall have authority to grant the license.
(f) Any retailer may be granted licenses to maintain, operate, or conduct any number of places for the sale of alcoholic beverages, but a separate license must be secured for each place where alcoholic beverages are sold. No retail license issued under this title shall be used for more than one premises, nor for separate types of operation on the same premises. Provided, however, any such licensed retail operation existing on May 14, 2009, and operating based on dual licenses, both a club or lounge license and a restaurant license, on the same premises shall be exempt from the requirement of the preceding sentence and may continue to operate under the dual licenses. Any rule adopted by the board relating to the requirements concerning dual licenses, both a club or lounge license and a restaurant license, shall not apply to any retail operation existing on May 14, 2009. The rules shall include, but not be limited to, the maintenance of separate books, separate entrances, and separate inventories. Each premises must have a separate retail license. Where more than one retail operation is located within the same building, each operation under a separate or different ownership is required to obtain a separate retail license; and where more than one type of retail operation located within the same building is operated by the same licensee, the licensee must have a license for each type of retail operation. Provided, there shall be no licenses issued by the board for the sale of liquor, beer, or wine by rolling stores.
(g) No retailer shall sell any alcoholic beverages for consumption on the licensed premises except in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public; but this section shall not be interpreted to prevent a hotel or club licensee from selling alcoholic beverages in any room of the hotel or club house occupied by a bona fide registered guest or member or private party entitled to purchase the same.
(h) All beer, except draft or keg beer, sold by retailers must be sold or dispensed in bottles, cans, or other containers not to exceed 25.4 ounces. All wine sold by retailers for off-premises consumption must be sold or dispensed in bottles or other containers in accordance with the standards of fill specified in the then effective standards of fill for wine prescribed by the U.S. Treasury Department.
(i) Draft or keg beer may be sold or dispensed within this state within those counties in which and in the manner in which the sale of draft or keg beer was authorized by law on September 30, 1980, or in which the sale of draft or keg beer is hereafter authorized by law. In rural communities with a predominantly foreign population, after the payment of the tax imposed by this title, draft or keg beer may be sold or dispensed by special permit from the board, when, in the judgment of the board, the use and consumption of draft or keg beer is in accordance with the habit and customs of the people of any such rural community. The board may grant to any civic center authority or its franchisee or concessionaire, to which the board may have issued or may simultaneously issue a retail license under the provisions of this title, a revocable temporary permit to sell or dispense in any part of its civic center, for consumption therein, draft or keg beer. Either permit shall be promptly revoked by the board if, in its judgment, the same tends to create intemperance or is prejudicial to the welfare, health, peace, temperance, and safety of the people of the community or of the state.
(j) No importer shall sell alcoholic beverages to any person other than a wholesaler licensee, or sell to a wholesaler licensee any brand or brands of alcoholic beverages for sale or distribution in this state, except where the importer has been granted written authorization from the manufacturer thereof to import and sell the brand or brands to be sold in this state, which authorization is on file with the board.
(k) No wholesaler shall maintain or operate any place where sales are made other than that for which the wholesale license is granted; provided, however, a wholesaler may be licensed to sell and distribute liquor, wine, and beer. No wholesaler shall maintain any place for the storage of liquor, wine, or beer unless the same has been approved by the board. No wholesaler license shall be issued for any premises in any part of which there is operated any retail license for the sale of alcoholic beverages.
(l) Licenses issued under this title may not be assigned. The board may transfer any license from one person to another, or from one place to another within the same governing jurisdiction, or both, as the board may determine; but no transfers shall be made to a person who would not have been eligible to receive the license originally, nor for the transaction of business at a place for which the license could not originally have been issued lawfully.
(m) Every applicant for a transfer of a license shall file a written application with the board within such time as the board shall fix in its rules. Whenever any license is transferred, there shall be collected a filing fee of fifty dollars ($50), to be paid to the board, and the board shall pay the fee into the State Treasury to the credit of the Beer Tax and License Fund of the board.
(n) In the event that any person to whom a license has been issued under the terms of this title becomes insolvent, makes an assignment for the benefit of creditors, or is adjudicated as bankrupt by either voluntary or involuntary action, the license of the person shall immediately terminate and be cancelled without any action on the part of the board, and there shall be no refund made, or credit given, for the unused portion of the license fee for the remainder of the license year for which the license was granted. Thereafter, no license shall be issued by the board for the premises, wherein the license was conducted, to any assignee, committee, trustee, receiver, or successor of the licensee until a hearing has been held by the board as in the case of a new application for license. In all such cases, the board shall have the sole and final discretion as to the propriety of the issuance of a license for the premises, the time it shall issue, and the period for which it shall be issued, and shall have the further power to impose conditions under which the licensed premises shall be conducted.
(Acts 1980, No. 80-529, p. 806, §23; Acts 1981, No. 81-808, p. 1434; Acts 1994, 1st Ex. Sess., No. 94-791, p. 95, §1; Act 2009-546, p. 1446, §2; Act 2012-468, p. 1290, §1; Act 2021-188, §2; Act 2023-312, §1.)
(a) The board shall have full and final authority as to the suspension or revocation of any license issued under this chapter and to levy a fine against a licensee in lieu of such suspension or revocation. The board shall have the full right and authority to suspend any retail license issued by it for any reason which it may deem sufficient and proper.
Provided, however, the board may appoint a hearing commission of not less than three members to hear and decide all contested applications of licenses under this chapter, and hear and decide all charges against any licensee for violation of this chapter, the law or the regulations of the board and shall have the power and authority to revoke or suspend for cause licenses and permits, or to fine licensees provided in this chapter. Provided, no member of the hearing commission shall participate in the hearing or disposition of any application for license or charge against a licensee if he has an interest therein or he was involved in the investigation.
(b) The board or a hearing commission appointed by the board, upon sufficient cause being shown or proof being made that any licensee holding a license issued by the board, or any partners, members, officers, or directors of the licensee has or have violated any of the laws of this state or regulations of the board relating to the manufacture, sale, possession or transportation of alcoholic beverages, or where the licensed premises has been conducted in a manner prejudicial to the welfare, health, peace, temperance and safety of the people of the community or of the state, may upon due notice and proper hearing being given to the person so licensed, suspend or revoke the license issued by the board. In all such cases where the board or hearing commission shall suspend or revoke a license, it shall set forth its findings of fact, the evidence from which such findings of fact are made, and the reasons upon which its actions are based.
(c) When, in the opinion of the board or hearing commission, a fine is deemed more appropriate than suspending or revoking a license, the board or hearing commission is authorized to fine the licensee for any cause that could result in suspension or revocation. Such fines may not exceed the sum of $1,000.00. The licensee must remit the fine to the administrator within one week of the day that such fine is levied. Failure to pay the fine within this period shall result in an automatic suspension of the license until such fine is paid. All fines collected by the board shall be paid by the administrator into the Treasury of the state and credited to the General Fund.
(d) The maximum length of suspension of a license under these provisions shall be one year, and any licensee whose license is suspended by the board or hearing commission shall be, at the discretion of the board or hearing commission, ineligible to have any license under this chapter until the expiration or removal of the suspension. Any licensee whose license is revoked by the hearing commission or the board shall be, at the discretion of the board or hearing commission, ineligible to have any license under this chapter until the expiration of one year from the date such license is revoked. The board or hearing commission is hereby granted broad discretionary powers in exercising its authority under this section.
(Acts 1980, No. 80-529, p. 806, §24.)
(a) It shall be unlawful:
(1) For any manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same, to sell, trade, or barter in alcoholic beverages between the hours of nine o’clock p.m. of any Saturday and two o’clock a.m. of the following Monday.
(2) For any wholesaler or the servants, agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale or retail licensees or others within this state lawfully authorized to sell alcoholic beverages, or to sell for export.
(3) For any person, licensee, or the board, either directly or by the servants, agents, or employees of the same, or for any servant, agent, or employee of the same, to sell, deliver, furnish, or give away alcoholic beverages to any individual under the legal drinking age, as defined in Section 28-1-5, or to permit any individual under the legal drinking age, as defined in Section 28-1-5, to drink, consume, or possess any alcoholic beverages on any licensee’s premises.
(4) For any individual to consume alcoholic beverages on the premises of any state liquor store or any off-premises licensee, or to allow alcoholic beverages to be consumed on the premises of any state liquor store or any off-premises licensee, except as specifically allowed by law for the tasting of alcoholic beverages.
(5) For any licensee to fail to keep for a period of at least three years, complete and truthful records covering the operation of his or her license that specifically show the date of all purchases of alcoholic beverages, the actual price paid, and the name of the vendor, or to refuse the board or any authorized employee of the board access to the records or the opportunity to make copies of the records when the request is made during business hours.
(6) For any licensee or the servants, agents, or employees of the same to refuse the board, any of its authorized employees, or any duly commissioned law enforcement officer the right to completely inspect the entire licensed premises at any time the premises are open for business.
(7) For any person to knowingly sell any alcoholic beverages to any person engaged in the business of illegally selling alcoholic beverages.
(8) For any person to manufacture, transport, or import alcoholic beverages into this state, except in accordance with the reasonable rules of the board. This subdivision shall not prohibit the transportation of alcoholic beverages through the state or any dry county so long as the beverages are not for delivery therein, if the transportation is done in accordance with the reasonable rules of the board.
(9) For any person to fortify, adulterate, contaminate, or in any manner change the character or purity of alcoholic beverages from that as originally marketed by the manufacturer, except that a retail licensee may mix a chaser or other ingredients necessary to prepare a cocktail or mixed drink or may make infusions for on-premises consumption in accordance with Section 28-3A-20.3.
(10) For any person licensed to sell alcoholic beverages to offer to give any thing of value as a premium for the return of caps, stoppers, corks, stamps, or labels taken from any bottle, case, barrel, or package containing the alcoholic beverages, or to offer to give any thing of value as a premium or present to induce the purchase of the alcoholic beverages, or for any other purpose whatsoever in connection with the sale of the alcoholic beverages. This subdivision shall not apply to the return of any monies specifically deposited for the return of the original containers to the owners of the containers.
(11) For any licensee or transporter for hire, servant, agent, or employee of the same, to transport any alcoholic beverages except in the original container, and for any transporter for hire to transport any alcoholic beverages within the state, unless the transporter holds a permit issued by the board.
(12) For any manufacturer, importer, or wholesaler, or servant, agent, or employee of the same, to deliver any alcoholic beverages, except in vehicles bearing such information on each side of the vehicle as required by the board.
(13) For any person to sell alcoholic beverages within any dry county or county where the electors have voted against the sales, except in wet municipalities or as authorized by Section 28-3A-18.
(14) For any person, firm, corporation, partnership, or association of persons as the terms are defined in Section 28-3-1, including any civic center authority, racing commission, fair authority, airport authority, public or quasi-public board, agency, or commission, any agent thereof, or otherwise, who or which has not been properly licensed under the appropriate provisions of this chapter to sell, offer for sale, or have in possession for sale, any alcoholic beverages. Any alcoholic beverages so possessed, maintained, or kept shall be contraband and subject to condemnation and confiscation as provided by law.
(15) For any manufacturer, producer, importer, or distributor of alcoholic beverages to employ and maintain any individual who is not a full-time bona fide employee, as a resident sales agent, broker, or other like representative, for the purpose of promoting a sale, purchase, or acquisition of alcoholic beverages to or by the state or the board, or for any individual who is not a full-time bona fide employee to act as an agent, broker, or representative of any manufacturer, distributor, producer, or importer for that purpose.
(16) For any person to sell, give away, or otherwise dispose of taxable alcoholic beverages within this state on which the required taxes have not been paid as required by law.
(17) For any wholesaler or retailer, or the servant, agent, or employee of the same, to sell, distribute, deliver, or to receive or store for sale or distribution within this state any alcoholic beverages unless there first has been issued by the board a manufacturer’s license to the manufacturer of the alcoholic beverages or its designated representative or an importer license to the importer of the alcoholic beverages.
(18) For any individual under the legal drinking age, as defined in Section 28-1-5, to attempt to purchase, to purchase, consume, possess, or transport any alcoholic beverages within the state, except for certain employees of licensees who may serve, handle, transport, or sell alcoholic beverages as authorized under subsection (c) of Section 28-1-5.
(19) For any person, except where authorized by a local act or general act of local application or pursuant to Section 28-3-25, to buy, give away, sell, or serve for consumption on or off the premises, or to drink or consume any alcoholic beverages in any cafe, lunchroom, restaurant, hotel dining room, or other public place on Sunday after the hour of two o’clock a.m.
(20) Except where authorized by a local act or general act of local application or pursuant to Section 28-3-25, for the proprietor, keeper, or operator of any cafe, lunchroom, restaurant, hotel dining room, or other public place to knowingly permit any individual to give away, sell, or serve for consumption, on or off the premises, or to drink or consume any alcoholic beverages on the premises of the cafe, lunchroom, restaurant, hotel dining room, or other public place on Sunday after the hour of two o’clock a.m.
(21) For any individual under the legal drinking age, as defined in Section 28-1-5, to knowingly use or attempt to use a false, forged, deceptive, or otherwise nongenuine driver license to obtain or attempt to obtain alcoholic beverages within this state.
(b)(1) Any violation of subdivisions (a)(1) through (a)(17) shall be a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than six months for the first conviction; and, on the second conviction of a violation of the subdivisions, the offense, in addition to the aforementioned fine, shall be punishable by imprisonment or at hard labor for the county for not less than three months nor more than six months to be imposed by the court or judge trying the case; and, on the third conviction and every subsequent conviction of a violation of the subdivisions, the offense shall, in addition to a fine within the limits abovenamed, be punishable by imprisonment or at hard labor for the county for not less than six months nor more than 12 months.
(2) Any violation of subdivision (a)(18), (a)(19), (a)(20), or (a)(21) shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than three months.
(c) In addition to the penalties otherwise provided for a violation of subdivisions (a)(18) and (a)(21), upon conviction, including convictions in juvenile court or under the Youthful Offender Act, the offender’s license to operate a motor vehicle in this state shall be surrendered by the offender to the judge adjudicating the case for a period of not less than three months nor more than six months. The judge shall forward a copy of the order suspending the license to the Alabama State Law Enforcement Agency for enforcement purposes.
(Acts 1980, No. 80-529, p. 806, §25; Acts 1984, No. 84-469, p. 1084; Acts 1986, No. 86-563, p. 1164, §1; Acts 1995, No. 95-766, p. 1809, §1; Act 2002-411, p. 1038, §1; Act 2012-506, p. 1490, §1; Act 2016-111, p. 173, §2; Act 2018-513, §1; Act 2019-100, §1; Act 2019-492, §1; Act 2022-383, §1.)
Any person who has been found guilty of violating any of the provisions of this chapter and who, after being punished by fine, penalty, assessment or imprisonment shall be guilty of a second or subsequent violation of this chapter, shall upon being found guilty of such second or subsequent offense, have the license or permit as provided in this chapter revoked by the board, and no further license or permit shall be issued or granted to such person for a period of one year from the date the license or permit shall have been revoked.
(Acts 1980, No. 80-529, p. 806, §26.)
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BREWER. Every person, firm, association or corporation that manufactures fermented liquors of any name or description from malt, wholly or in part, or from any substitute therefor.
(2) DISTILLER. Every person, firm, association or corporation that produces distilled spirits or who brews or makes mash, wort or wash fit for distillation or for the production of spirits or who, by any process of evaporation, separates alcoholic spirits from any fermented substance or who, making or keeping mash, wort or wash, has also in possession or use a still.
(3) LIQUOR NUISANCES.
a. Any rooms or structures used for the unlawful manufacture, sale, furnishing, distilling, rectifying, brewing or keeping of liquors or beverages that are prohibited by the laws of Alabama to be manufactured, sold or otherwise disposed of in this state;
b. All houses, shops or places where such prohibited liquors and beverages or any of them are sold, bartered, exchanged or otherwise disposed of to be drunk on or near the premises or where such prohibited liquors, liquids or beverages are kept for the purpose of sale or other disposition thereof in violation of law;
c. All places of resort where persons are permitted to resort for the purpose of drinking such liquors or beverages on or about the premises;
d. Any unlawful drinking place that is kept or maintained in violation of the law of the state;
e. All restaurants, hotels and public eating places where the prohibited liquors and beverages or any of them are sold or served for beverage purposes;
f. All places where business is carried on by a wholesale or retail dealer in liquors or by a wholesale or retail dealer in malt liquors or by a brewer or distiller or rectifier of spirits in violation of the law of the state; and
g. All warehouses or storage places where the prohibited liquors and beverages or any of them are kept or stored or received on consignment or for distribution or delivery contrary to the law of the state.
(4) OTHERWISE DISPOSE OF. Such term, following the words sell, offer for sale or keep for sale, and following the words sold, offered for sale or kept for sale, when employed in any warrant, process, affidavit, indictment, information or complaint or other pleading in any judicial proceeding or in any judgment shall include and be deemed to include barter, exchange, giving away, furnishing or any manner of disposition by which said liquors and beverages may pass unlawfully from one person to another.
(5) PERSON or PARTY. Such terms, when employed alone, shall include a firm, corporation or association of persons.
(6) PROHIBITED LIQUORS AND BEVERAGES.
a. Alcohol, alcoholic liquors, spirituous liquors and all mixed liquors any part of which is spirituous;
b. Foreign or domestic spirits or rectified or distilled spirits, absinthe, whiskey, brandy, rum and gin;
c. Vinous liquors and beverages;
d. Malt, fermented or brewed liquors of any name or description manufactured from malt wholly or in part or from any substitute therefor;
e. Beer, lager beer, porter and ale and other brewed or fermented liquors and beverages by whatever name called;
f. Hop jack, hop ale, hop weiss, hop tea, malt tonic or any other beverage which is the production of maltose or glucose or in which maltose or glucose is a substantial ingredient;
g. Any intoxicating bitters or beverages by whatever name called; and
h. All liquors, liquids, drinks or beverages made in imitation of or intended as a substitute for beer, ale, rum, gin, whiskey or for any other alcoholic, spirituous, vinous or malt liquor and any liquor, drink or liquid made or used for beverage purposes containing any alcohol.
(7) RETAIL DEALER IN LIQUORS. Every person, firm, association or corporation that sells or offers for sale any foreign or domestic distilled spirits or wines in lesser quantities than five gallons at the same time.
(8) RETAIL DEALER IN MALT LIQUORS. Every person, firm, association or corporation that sells or offers for sale malt liquors in lesser quantities than five gallons at one time.
(9) UNLAWFUL DRINKING PLACES.
a. Any place or resort where the prohibited liquors or beverages or any of them are kept to be drunk upon or about the premises by persons resorting there for that purpose;
b. Any club room or other place in which are received or kept for the purpose of barter or sale or use or gift as a beverage or for distribution or division among or furnishing to or for use by members of any club or association of persons by any means whatsoever the prohibited liquors and beverages or any of them, referred to in subdivision (6) of this section; and
c. Any club room or room of any association of persons in which said prohibited liquors or beverages or any of them are kept or stored for the purpose of being drunk or consumed by the members of such club or other association of persons or their guests or others on the premises or at or near the place where such liquors or beverages or any of them, are kept or stored; and any place adjacent to or near the premises of any club, corporation or association or other combination of persons to which members or their guests or others, by the permission of members, resort for the purpose of drinking the prohibited liquors and beverages, or any of them that are kept at or near such place.
(10) WHOLESALE DEALER IN LIQUORS. Every person, firm, association or corporation that sells or offers for sale foreign or domestic distilled spirits or wine in quantities of not less than five gallons at the same time.
(11) WHOLESALE DEALER IN MALT LIQUORS. Every person, firm, corporation or association who sells or offers for sale malt liquors in quantities of not less than five gallons at the same time.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 1, p. 1; Acts 1915, No. 2, p. 8; Acts 1919, No. 7, p. 6; Code 1923, §§4615-4619; Code 1940, T. 29, §§93-97.)
Any person who shall sell any wine or alcohol in this state for any purpose other than allowed by law or who shall fail to comply with any regulation respecting the sale, delivery or use of alcohol or wine or who shall receive, have in possession or possess any alcohol or wine, except as authorized by law and for the purposes as prescribed by law, shall be guilty of a misdemeanor.
(Acts 1919, No. 7, p. 6; Code 1923, §4734; Code 1940, T. 29, §202.)
The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or other fruit when the grapes or other fruit are grown by the person making the same for his own domestic use upon his own premises in this state and when such person keeps such wine or cordial for his own domestic use on his own premises in any quantity not exceeding five gallons for one family in 12 months, nor shall such laws apply to the receipt or possession of pure or grain alcohol in nonprohibited quantities by persons who are permitted to buy, sell, use or possess the same under existing laws of the state nor to the receipt or possession of wine for sacramental purposes when received and possessed by an authorized person in accordance with the rules and regulations prescribed by law and when not exceeding the quantity so prescribed.
(Acts 1919, No. 7, p. 6; Code 1923, §4706; Code 1940, T. 29, §175.)
Pursuant to the provisions of Sections 28-2-1 and 28-3-18, this chapter shall be applicable in all “dry counties” as the same are defined in Section 28-2-1 and shall apply to the manufacture or possession of illicit distilled liquors or apparatus for the manufacture of the same, as specified in Section 28-3-18, in this state.
(Code 1940, T. 29, §92.)
This chapter as amended, is hereby amended to make the same consistent with the provisions of Chapter 2A of this title, so that this chapter shall be applicable in all “dry counties” (but not in “wet municipalities”) and in all “dry municipalities,” as the terms are used in Chapter 2A of this title.
(Acts 1984, No. 84-408, p. 955, §6.)
It shall be unlawful for any person, firm or corporation or association within this state to sell, offer for sale, keep or have in possession, barter, exchange or to give away, furnish at a public place or elsewhere or otherwise dispose of the prohibited liquors and beverages described in this chapter or any of them in any quantity, except as provided in this chapter, or to accept the delivery of or to receive or to have in possession or possess in this state any of said prohibited liquors and beverages as defined by the laws of the State of Alabama in any quantity whatsoever.
(Acts 1915, No. 1, p. 1; Acts 1919, No. 7, p. 6; Code 1923, §4621; Code 1940, T. 29, §98.)
Any violation of Section 28-4-20 shall be a misdemeanor punishable by a fine of not less than $50.00 nor more than $500.00, to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than six months for the first conviction. On the second conviction of a violation of said Section 28-4-20, the offense shall, in addition to a fine within the limits above named, be punishable by imprisonment at hard labor for the county for not less than three months nor more than six months, such imprisonment to be imposed by the court or judge trying the case. On the third and every subsequent conviction of a violation of said Section 28-4-20, the offense shall, in addition to a fine within the limits above named, be punishable by imprisonment at hard labor for the county for not less than six months nor more than 12 months.
(Acts 1915, No. 1, p. 1; Code 1923, §4622; Acts 1927, No. 623, p. 714; Code 1940, T. 29, §99.)
It shall be unlawful within this state to carry on the business of a brewer, rectifier of spirits or retail or wholesale dealer in liquors or retail or wholesale dealer in malt liquors, and any violation of this section, whether a first or subsequent offense, shall be punishable as prescribed in Section 28-4-21.
The carrying on of business as such brewer or rectifier of spirits or retail or wholesale dealer in liquors or retail or wholesale dealer in malt liquors shall, for each separate day that it is carried on, constitute a separate offense, to be punished as prescribed in Section 28-4-21.
(Acts 1915, No. 1, p. 1; Code 1923, §4623; Code 1940, T. 29, §100.)
No prohibited liquors and beverages shall be kept or permitted to be kept by members or others in any locker or room of or on the premises of any social club or of any other association or organization of persons, whether of a fraternal or social nature or otherwise, and whether incorporated or not, and such club or club room shall not be deemed to be at the home or private premises of any member thereof.
It shall be the duty of all officers of any such club or association of persons, and especially of the secretary, manager or other officer in charge of the premises, to prevent the violation of this section by the members or by others resorting thereto. The presence of prohibited liquor in any locker or any other place on the premises or about the rooms of any such club or association of persons shall constitute prima facie evidence that the said officers in charge and the officers and directors of the club or of the organization are unlawfully permitting the possession of said prohibited liquors and beverages at such place and are guilty of violation of this section.
(Acts 1919, No. 7, p. 6; Code 1923, §4624; Code 1940, T. 29, §101.)
Any person, firm or corporation who shall, within this state, distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part of which is alcohol, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary for not less than one year nor longer than five years, such imprisonment to be fixed within these limits by the court.
(Acts 1919, No. 7, p. 6; Code 1923, §4627; Code 1940, T. 29, §103.)
Whenever any person is convicted in the circuit court under Section 28-4-24 of unlawfully distilling or manufacturing or making any of the prohibited liquors or beverages as defined in this chapter, there shall be charged to the Alabama Alcoholic Beverage Control Board to be paid by them the sum of $50.00 out of the funds used by the board for the purchase of alcoholic beverages to be allowed the sheriff or other officer or person who furnished the evidence and brought about the conviction. Said sheriff or other officer or person must satisfy the presiding judge that he is the person entitled to said sum and shall receive from the judge a certificate to that effect.
(Acts 1919, No. 7, p. 6; Code 1923, §4626; Code 1940, T. 29, §102; Acts 1953, No. 699, p. 954.)
Any person who conceals himself in any house, room, booth, enclosure or other place and sells, gives away, barters, exchanges or otherwise disposes of spirituous, vinous or malt liquors or any other prohibited liquors or beverages or who, by any device or subterfuge, sells, gives away or otherwise disposes of any of said prohibited liquors or beverages in violation or evasion of law or who, in any house, room, booth, enclosure or other place, in such manner and under such circumstances as that he cannot be seen by persons from the exterior, sells, gives away or otherwise disposes of any such prohibited beverages, contrary to law, shall be fined not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not less than three months nor more than six months, at the discretion of the court.
(Acts 1909, No. 191, p. 63; Code 1923, §4629; Code 1940, T. 29, §105.)
If any person violates a provision of Section 28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction of misdemeanors that spirituous, vinous or malt liquors, or other beverages or liquors, prohibited by law to be sold, given away or otherwise disposed of have been sold, given away or otherwise disposed of in violation of law and that the person committing such offense comes within the terms of Section 28-4-26 and that such person is known or unknown to the person making the complaint and that other parties present and participating in the tippling or drinking of liquors at such place are unknown to the person making the complaint, it shall be the duty of such judge to issue forthwith a warrant of arrest for such party for the offense charged in the complaint and immediately to place such warrant in the hands of the sheriff or other lawful officer.
(Acts 1909, No. 191, p. 63; Code 1923, §4630; Code 1940, T. 29, §106.)
It shall be unlawful for any person, firm or corporation engaged in the business of selling beverages to keep or store on the premises where said beverage business is conducted any prohibited liquors or beverages, the sale, offering for sale or other disposition of which is prohibited by the law of Alabama, and any person violating this section shall be guilty of a misdemeanor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1940, T. 29, §114.)
Any person who within this state solicits or receives any order for any spirituous, vinous or malt liquors or any other liquors or beverages prohibited by the law of the state to be sold or offered for sale or otherwise disposed of in this state in any quantity to be shipped into this state or to be shipped from one point in this state to another point in this state shall be guilty of a misdemeanor. The taking or soliciting of such orders is within the inhibition of this section, although the orders are subject to approval by some other person and no part of the price is paid nor any part of the goods delivered when the orders are taken.
If such order is in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4640; Code 1940, T. 29, §115.)
Any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and beverages shall be punishable as if he had sold said prohibited liquors and beverages, and conviction may be had of such agent or assisting friend upon an indictment, affidavit or complaint against him for selling prohibited liquors and beverages contrary to law.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4651; Code 1940, T. 29, §126.)
No dealer in beverages shall post or place about the premises any sign or signs containing the name of any prohibited liquors or beverages or indicating that any prohibited liquors or beverages are kept on or about the premises for sale or other disposition. Any person violating any provision of this section shall be guilty of a misdemeanor.
In case of any charge or prosecution against any dealer in beverages for violating the law against selling, offering for sale, or keeping for sale or otherwise disposing of prohibited liquors and beverages, it shall be competent to make proof in the action that the party had posted such signs on or about the premises.
(Acts 1909, No. 191, p. 63; Code 1915, No. 2, p. 8; Code 1923, §4652; Code 1940, T. 29, §127; Acts 1996, No. 96-170, p. 194, §1.)
It shall be unlawful for any person, firm or corporation in this state to manufacture, sell, give away or have in possession any still, apparatus, appliance or any device or substitute therefor to be used for the purpose of manufacturing any prohibited liquors or beverages.
(Acts 1919, No. 737, p. 1086; Code 1923, §4656; Code 1940, T. 29, §131.)
The unexplained possession of any part or parts of any still, apparatus, appliance or any device or substitute therefor commonly or generally used for or that is suitable to be used in the manufacture of prohibited liquors and beverages shall be prima facie evidence of a violation of Section 28-4-50.
(Acts 1919, No. 737, p. 1086; Code 1923, §4657; Code 1940, T. 29, §132.)
Any person, firm or corporation who shall violate any provision of Section 28-4-50 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary, for not less than one year nor more than five years, such punishment to be fixed within these limits by the court.
(Acts 1919, No. 737, p. 1086; Code 1923, §4658; Code 1940, T. 29, §133.)
The possession of any still, apparatus or appliance taken by the sheriff or other person in enforcing the laws of this state shall not be in violation of Section 28-4-50.
(Acts 1919, No. 737, p. 1086; Code 1923, §4660; Code 1940, T. 29, §135.)
When any person is convicted of violating the provisions of Section 28-4-50, there shall be charged in the bill of cost the sum of $25.00, to be allowed the person who furnished the evidence and brought about the conviction of any person or persons for the violation of the said section; provided, that only one such amount shall be paid under this section for a conviction of any number of persons or for more than one conviction for a violation of said section where the evidence shows that the still, apparatus or appliance is one and the same. Such person may be the sheriff of the county, deputy or any other person furnishing the evidence necessary for conviction. The person so claiming said sum shall satisfy the presiding judge that he is the person entitled to same and shall receive from the judge a certificate to that effect.
(Acts 1919, No. 737, p. 1086; Code 1923, §4659; Acts 1933, Ex. Sess., No. 183, p. 200; Code 1940, T. 29, §134.)
It shall be unlawful for any person, firm or corporation to permit or allow anyone to have, possess, operate or locate on his premises any apparatus, plant or structure for the distilling or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, plant or structure is found upon said premises, the fact shall be prima facie evidence that the tenant or owner in actual possession of the premises has knowledge of the existence of the same and of the purpose for which the same were to be used. Upon conviction of permitting or allowing the same to be upon his premises, such tenant or owner shall be punished by a fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months for the first conviction, at the discretion of the court. On the second and every subsequent conviction, in addition to the fine which may be imposed, the convicted party shall be imprisoned at hard labor for not less than three nor more than six months, such punishment to be fixed by the judge or court trying the case.
(Acts 1919, No. 7, p. 6; Code 1923, §4661; Code 1940, T. 29, §136.)
It shall be unlawful for any person, firm, association or corporation, directly or indirectly, to keep or maintain or in any manner to aid or abet in keeping or maintaining any of the places declared by this chapter to be unlawful drinking places. The act of keeping or maintaining any such room or place shall be deemed a separate offense for each day that it continues. Any violation of this section, whether a first or subsequent offense, shall be punished by a fine of not less than $50.00 nor more than $500.00, to which, at the discretion of the judge or court trying the case, may be added imprisonment in the county jail or imprisoned at hard labor for the county for not more than six months.
(Acts 1915, No. 1, p. 1; Code 1923, §4662; Code 1940, T. 29, §137.)
Any place or room kept or maintained in violation of the provisions of this chapter defining unlawful drinking places shall be deemed to be a common nuisance and may be abated by injunction issued out of a circuit court upon a petition filed in the name of the state by the state Attorney General or any district attorney whose duties require him to prosecute criminal actions on behalf of the state in the county wherein the nuisance is maintained or by any citizen or citizens of such county, such petition to be filed in the county in which the nuisance exists. All rules of evidence and the practice and procedure that pertain to circuit courts generally in this state may be invoked and applied in any injunction procedure hereunder.
(Acts 1915, No. 1, p. 1; Code 1923, §4663; Code 1940, T. 29, §138.)
Any chartered club or incorporated association of persons under the laws of Alabama guilty of violating any of the provisions of Section 28-4-70 or maintaining or keeping any such place as is described in Section 28-4-71 shall forfeit its charter, and such forfeiture may be declared by a proceeding in quo warranto against the club or incorporated association in a court of competent jurisdiction in the county where the unlawful act is committed.
(Acts 1915, No. 1, p. 1; Code 1923, §4664; Code 1940, T. 29, §139.)
In all affidavits, informations, complaints or indictments against any party or parties for maintaining an unlawful drinking place as defined by this chapter, it shall be sufficient to charge that the defendant maintained an unlawful drinking place contrary to the statutes applicable in such cases, and under such charge it shall be competent to prove any act of the defendant which, under the law of the state, constitutes the keeping of an unlawful drinking place.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4665; Code 1940, T. 29, §140.)
If any person shall willfully let or suffer any other person, firm or corporation to use any premises which he owns or controls for the illegal sale or manufacture or other unlawful disposition of spirituous, vinous or malt liquors or any other liquors, liquids or beverages prohibited by the laws of Alabama to be manufactured, sold or otherwise disposed of for use by a wholesale or retail dealer in liquors or by a wholesale or retail dealer in malt liquors or by a rectifier of spirits or distiller or for the illegal storage or warehousing of such liquors and beverages, he shall be guilty of a misdemeanor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4683; Code 1940, T. 29, §153.)
The unlawful manufacture, sale, keeping for sale, giving away or otherwise disposing of any prohibited liquors or beverages contrary to the law of the state or the carrying on of the business of a retail or wholesale dealer in liquors or retail or wholesale dealer in malt liquors or the business of a brewer, distiller or rectifier of spirits shall, at the option of the landlord or lessor, work a forfeiture of all the rights of any lessee or tenant under any lease or contract of rent of the premises where such unlawful act is performed or such unlawful business is conducted by the lessee or tenant or by any agent, servant, clerk or employee of the lessee or tenant with the latter’s knowledge or permission.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4684; Code 1940, T. 29, §154.)
The keeping of liquors or beverages that are prohibited by the law of the state to be manufactured, sold or otherwise disposed of in any building not used exclusively for a dwelling shall be prima facie evidence that they are kept for sale or with intent to sell the same contrary to law.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4685; Code 1940, T. 29, §155.)
The delivery of liquors or beverages prohibited by the law of the state to be manufactured, sold or otherwise disposed of in or from any store, shop, warehouse, boat or other vessel or vehicle of any kind or any shanty or tent or any building or place used for the purpose of traffic or any dwelling house or dependency thereof, if any part of the same is used as a public eating house, grocery or other place of common resort, shall be deemed prima facie evidence of a sale or other unlawful disposition.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4686; Code 1940, T. 29, §156.)
It shall be unlawful for any common or other carrier or any other person, corporation or association or combination of persons to carry, bring or introduce into this state or to deliver to any person whomsoever in this state any of the prohibited liquors and beverages as defined by the laws of the State of Alabama in any quantity whatsoever, whether in original packages or otherwise and although brought from a point without the State of Alabama.
(Acts 1919, No. 7, p. 6; Code 1923, §4705; Code 1940, T. 29, §174.)
No person shall receive or accept any prohibited liquors or beverages from a common carrier or other carrier, except alcohol in accordance with regulations and restrictions of the laws of Alabama and for the purposes prescribed by said laws and except wine for sacramental or religious purposes as permitted under law and then only if there is permanently pasted or attached to the container a copy of the prescription or affidavit upon authority of which it was prescribed or obtained.
(Acts 1919, No. 7, p. 6; Code 1923, §4707; Code 1940, T. 29, §176.)
It shall be unlawful for any person, firm, association or corporation to receive for storage, distribution or on consignment for another prohibited liquors and beverages or any of them or to have or maintain any warehouse or other place for the receipt, storage or distribution of liquors for another. Any person violating this section shall be guilty of a misdemeanor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4713; Code 1940, T. 29, §182.)
It shall be unlawful for any person, firm, corporation or association, whether a common carrier or not, to accept from another for shipment, transportation or delivery or to ship, transport or deliver for another said prohibited liquors or beverages or any of them when received at one point, place or locality in this state to be shipped or transported to or delivered to another person, firm or corporation at another point, place or locality in this state, or to convey or transport over or along any public street or highway any of such prohibited liquors for another. The provisions of this section shall not apply to those transporting and delivering to the persons, firms or corporations authorized by law to receive said prohibited liquors or beverages or any of them. Any person violating any provision of this section shall be guilty of a misdemeanor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4714; Code 1940, T. 29, §183.)
If any prohibited liquors and beverages are delivered to a carrier to be by the carrier transported and delivered C.O.D. to any person at a point in this state, meaning thereby to collect on delivery by the carrier for the consignor the amount of the purchase money for such liquors, then and in every case the carrier shall be deemed and held the agent of the consignor, and all such prohibited liquors and beverages shall remain the property of the consignor until actually delivered and the money paid to the carrier therefor; and the servant or agent of the carrier who knowingly delivers any such liquors or receives pay therefor within the state shall be guilty of a misdemeanor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4716; Code 1940, T. 29, §185.)
It shall be unlawful for any person, firm or corporation or association within this state to transport in quantities of five gallons or more any of the liquors or beverages, the sale, possession or transportation of which is prohibited by law in Alabama. Any person convicted of violating this section shall be guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary of this state for a period of not less than one year, nor more than five years.
(Acts 1927, No. 605, p. 704; Code 1940, T. 29, §187.)
No transfer company, traffic company, transportation company, warehouse company or other like corporation chartered under or by the laws of Alabama shall have any right or power to engage in or carry on the business of delivering, transporting, storing or warehousing any prohibited liquors and beverages except under the supervision of and on permit from the Alcoholic Beverage Control Board.
Any corporation of this state offending against this provision or engaging in such business shall forfeit its charter, which forfeiture may be declared upon an action in quo warranto before a court of competent jurisdiction if any person or officer wishes to institute the action.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4715; Code 1940, T. 29, §184.)
Any person desiring to have shipped to him under the laws of Alabama alcohol or wine for sacramental use, or for any nonbeverage use specified in Section 28-3-15, shall make an affidavit before an officer in Alabama authorized to administer oaths, stating the quantity of such alcohol or such wine that the said party desires to receive, the use to which either the wine or the alcohol is to be put and that the person seeking the shipment is authorized under the laws of Alabama to have, receive and possess such quantity of alcohol or wine as is shipped and that the shipment is sought of a legal quantity and for a bona fide legal purpose permitted under the laws of Alabama, and for no other purpose.
A copy of said affidavit shall be pasted or permanently attached to the container of the alcohol or wine when the same is shipped into the State of Alabama and is received by said applicant from the carrier.
(Acts 1919, No. 7, p. 6; Code 1923, §4708; Code 1940, T. 29, §177.)
The common carrier delivering such wine or alcohol shall keep a record thereof and shall file in the office of the Alcoholic Beverage Control Board within 10 days after the receipt thereof a certificate stating the name of the shipper, the name of the receiver, the quantity and character of the alcohol or wine, and the purposes for which shipped and received and that it conforms to the requirements of law as to its preparation and as to the presence of the affidavit. The said delivery shall be made by the carrier to the consignee only, who shall sign and receipt therefor on the record.
The books and records of the carrier shall at all times be open during office hours to any prosecuting attorney or to the sheriff or chief of police of a municipality or county or to any other officer having the duty to enforce the execution of the law and to require conformity to the statutory regulations.
(Acts 1919, No. 7, p. 6; Code 1923, §4709; Code 1940, T. 29, §178.)
On the outside of each package or container of alcohol or of wine shipped or sold for sacramental or religious purposes to be shipped, carried or delivered to any person in this state there shall be printed or written in the English language the name and address of the consignee or purchaser, the name and address of the consignor or seller and the kind and quantity of liquor, whether alcohol or wine.
(Acts 1919, No. 7, p. 6; Code 1923, §4711; Code 1940, T. 29, §180.)
It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or any other person to ship or to transport into or to deliver in this state in any manner or by any means whatsoever any spirituous, vinous, malted, fermented or other intoxicating liquors of any kind from any other state, territory or district of the United States or place noncontiguous to but subject to the jurisdiction of the United States or from any foreign country to any person, firm or corporation within the territory of this state, when the said spirituous, vinous, malted, fermented or other intoxicating liquors, or any of them, are intended by any person interested therein to be received, possessed, sold or in any manner used, either in the original package or otherwise, in violation of any law of this state.
(Acts 1915, No. 10, p. 39; Code 1923, §4687; Code 1940, T. 29, §157.)
It shall be unlawful for any railroad company, express company or any other common carrier or any officer, agent or employee of any of them or any other person to deliver any liquors of the kind mentioned in Section 28-4-120, when brought into the state from any of the points or places mentioned in Section 28-4-120, to any person whomsoever, where said liquor has been consigned to a fictitious person, firm or corporation or to a person, firm or corporation under a fictitious name.
(Acts 1915, No. 10, p. 39; Code 1923, §4688; Code 1940, T. 29, §158.)
It shall be unlawful for any person, firm or corporation to whom any such liquor mentioned in Section 28-4-120 has been consigned from any of the points or places mentioned in Section 28-4-120, whether consigned to the party by the right name or by a fictitious name, to give to any other person an order for such liquor to any railroad company, express company or other common carrier or any officer, agent or employee of any of them or to any other person, where the purpose of such order is to enable such person to obtain or receive such liquors for himself or for any other person, firm or corporation than the consignee.
(Acts 1915, No. 10, p. 39; Code 1923, §4689; Code 1940, T. 29, §159.)
It shall be unlawful for any person, firm or corporation to accept from any railroad company, express company or other common carrier or any officer, agent or employee of any of them or from any other person any delivery of the liquors mentioned in Section 28-4-120, or any of them, when transported into this state or delivered in this state in any manner or by any means whatsoever from the points or places mentioned in Section 28-4-120, where the said person, firm or corporation so accepting such delivery intends to receive, possess or sell or in any manner use, either in the original package or otherwise, the said liquors, or any of them, in violation of any law of this state.
(Acts 1915, No. 10, p. 39; Code 1923, §4690; Code 1940, T. 29, §160.)
It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or any other person to deliver any of the liquors mentioned in Section 28-4-120, when brought into the state from any of the points or places mentioned in Section 28-4-120, to any person other than the person to whom such liquors are consigned without a written order in each instance by said consignee therefor, or to make such delivery of said liquors as aforesaid, when consigned to a firm or corporation, except to a member of said firm or an officer or agent of such corporation or upon a written order in each instance by the consignee therefor.
(Acts 1915, No. 10, p. 39; Code 1923, §4691; Code 1940, T. 29, §161.)
It shall be unlawful for any railroad company, express company or other common carrier or any person, agent or employee thereof or any other person to deliver to any minor in this state any of the liquors mentioned in Section 28-4-120 that may be brought into this state from any point or place mentioned in Section 28-4-120.
(Acts 1915, No. 10, p. 39; Code 1923, §4698; Code 1940, T. 29, §168.)
It shall be unlawful for any bank incorporated under the laws of this state or a national bank or private banker or any individual, firm or association to present, collect or in any way handle any draft, bill of exchange or order to pay money, to which is attached a bill of lading or order or receipt for any spirituous, vinous, malted, fermented or other intoxicating liquors of any kind or any liquor, liquids or beverages prohibited by the laws of this state to be manufactured or sold or otherwise disposed of or which is enclosed with, connected with or in any way related to, directly or indirectly, any bill of lading, order or receipt for the said liquors or any of them. Any person, firm, corporation or bank or banker violating the provisions of this section shall be guilty of a misdemeanor.
(Acts 1915, No. 10, §39; Code 1923, §4699; Code 1940, T. 29, §169.)
It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation who shall carry or transport any of the liquors mentioned in Section 28-4-120 into this state from any of the points or places mentioned in Section 28-4-120 and who shall deliver such liquors or any of them to any person, firm or corporation in this state to file with the Alcoholic Beverage Control Board a statement, either printed or plainly written or typewritten on stout paper, correctly stating the date on which the liquor was delivered, the name and post office address of the consignee and consignor, the place of delivery and to whom delivered and the kind and amount of such liquor delivered. Such statement shall be filed within three days after the date of delivery of such liquor. If said statement is in writing, it shall be in a fair and legible hand, and the names of the consignee and consignor and of the party obtaining delivery shall be truly ascertained and furnished in such way as to avoid mistakes in names.
(Acts 1915, No. 10, p. 39; Code 1923, §4692; Code 1940, T. 29, §162.)
If any person, firm or corporation within the terms of this article shall neglect or refuse to file with the Alcoholic Beverage Control Board such statement or statements as required by Section 28-4-127, then it shall be the duty of the said board to make written demand upon such person, firm or corporation to comply with the requirements of Section 28-4-127, such demand to be served by any agent or officer of the board and return made to the board upon a copy of the original demand.
Upon further refusal or noncompliance, it shall be the duty of the board to inform promptly the Attorney General of the state of such failure or refusal, and it shall then be the duty of the Attorney General to file a petition in the name of the state on the relation of the office, filing same in an appropriate court to secure a mandamus to compel compliance with Section 28-4-127 or to file a petition for a mandatory injunction restraining the further noncompliance with Section 28-4-127 on the part of the delinquent person, firm or corporation.
(Acts 1915, No. 10, p. 39; Code 1923, §4693; Code 1940, T. 29, §163.)
It shall be the duty of the board to file immediately the statement required by Section 28-4-127 as a part of the files of its office and to permit any sheriff, deputy sheriff, constable, chief of police or other police officer of a municipality, district attorney whose duty it is to prosecute crime in the county in which delivery is made and any other peace officer of the county or officer charged with the duty of prosecuting violations of the law to inspect the said statements as they may desire at any time and especially to permit inspection thereof by any officer or other duly authorized person seeking information for the prosecution of persons charged with or suspected of crime, especially the crime of selling, giving away, bartering, keeping for sale or otherwise disposing of liquors or any beverages prohibited by the laws of the state to be sold, given away, kept for sale or otherwise disposed of, and to permit any and all other persons so desiring to inspect the said statements to do so at any time.
(Acts 1915, No. 10, p. 39; Code 1923, §4694; Code 1940, T. 29, §164.)
The Alcoholic Beverage Control Board shall give a certified copy of such statements to any of the officers mentioned in Section 28-4-129 without charge or to other persons requesting or demanding the same upon the payment of lawful fees therefor.
The said original statements or certified copies thereof shall be competent evidence upon the trial of any action whatever in any of the courts of this state in which the same may be relevant or material to the issue or issues involved.
(Acts 1915, No. 10, p. 39; Code 1923, §4695; Code 1940, T. 29, §165.)
It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation that shall carry or transport any of the liquors mentioned in Section 28-4-120 into the state from any of the points or places mentioned in Section 28-4-120 for the purpose of delivery and who shall deliver such liquors, or any of them, to any person, firm or corporation in this state to currently keep, in a fair and legible hand or typewritten or otherwise so that the same may be easily read, a record of such liquors and of the delivery thereof, which shall set forth the date on which such liquors were received and delivered, the name and post-office address of the consignor and consignee, the place of delivery and the person to whom delivered and the kind and amount of such liquor delivered.
(Acts 1915, No. 10, p. 39; Code 1923, §4696; Code 1940, T. 29, §166.)
The record required by Section 28-4-131 to be kept by common carriers or persons, firms or corporations making delivery of said liquors or any of them in this state from any point or place mentioned in Section 28-4-120 shall also be open to the inspection of any enforcement officer and of the duly authorized person seeking information for the prosecution of persons charged with or suspected of crime, and when application is made by any of the said officers or persons for permission to examine and take copies of such record, they shall be allowed to do so during the office or business hours of the persons or corporations keeping said record, and in such reasonable manner as not to interfere with the business of the corporation or person keeping said record.
The said record may be secured to be produced in court by any lawful process issued by any court of the state, to be used as evidence, and said record shall be competent evidence upon the trial of any action whatsoever in any court, in which the record may be material or relevant to the issues involved.
(Acts 1915, No. 10, p. 39; Code 1923, §4697; Code 1940, T. 29, §167.)
In the prosecutions of violations of this article or any law for the suppression of the evils of intemperance or the promotion of temperance, any common carrier doing business in the State of Alabama or any person engaged in the transportation in the state or making deliveries in this state of the liquors mentioned in Section 28-4-120 or of other prohibited liquors and beverages is required to permit an examination of all his books, records, papers, bills of lading and accounts pertaining to the shipment of such liquors by any officer in this state whose duty it is to prosecute crime or ferret out criminals, when such information is sought for the prosecution of persons charged with or suspected of crime.
(Acts 1915, No. 10, p. 39; Code 1923, §4701; Code 1940, T. 29, §170.)
No person shall be excused from testifying before the grand jury or at the trial in any prosecution for any violation of provisions contained in this article, but no disclosure or discovery made by such person is to be used against him in any penal or criminal prosecution for and on account of the matters disclosed.
(Acts 1915, No. 10, p. 39; Code 1923, §4702; Code 1940, T. 29, §171.)
In all prosecutions under this article for unlawful shipments of the liquors mentioned in Section 28-4-120 into this state, the offense shall be held to have been committed in any county of the state through which or into which said liquors have been carried or transported or in which they have been unloaded or to which they have been conveyed for delivery.
(Acts 1915, No. 10, p. 39; Code 1923, §4703; Code 1940, T. 29, §172.)
(a) Any railroad company, express company or other carrier or any person or corporation violating any of the provisions of this article or failing to comply with any requirements thereof shall be guilty of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00, to which, at the discretion of the court, may be added imprisonment in the county jail or confinement at hard labor for the county for not more than six months for the first conviction.
On the second and every subsequent conviction of a violation of any provisions of this article, the offense shall, in addition to a fine within the limitations above named, be punishable by imprisonment in the county jail or at hard labor for the county for not less than three nor more than six months, to be imposed by the court.
(b) It shall be the duty of the district attorney in all cases of indictment by the grand jury to ascertain whether or not the charge made by the grand jury is the first or subsequent offense and, if the latter, it shall be so stated in the indictment and returned, and he shall introduce proper evidence before the trial court showing that it is a subsequent offense and shall not be permitted to use his discretion in charging said second offense or in introducing evidence and proving the same on trial.
(Acts 1915, No. 10, p. 39; Acts 1915, No. 491, p. 553; Code 1923, §4704; Code 1940, T. 29, §173.)
The provisions of this article in respect to the transportation of prohibited liquors into the state shall not apply to shipments transported by any railroad company or other common carrier of unbroken packages in sealed cars or vehicles in continuous transit through the state from one point outside of the state to another point outside of the state, but this article shall be construed to prohibit any person, firm or corporation from bringing into or transporting through this state any prohibited liquors or beverages except as provided by law.
(Acts 1919, No. 7, p. 6; Code 1923, §4717; Code 1940, T. 29, §186.)
Wholesale druggists may sell in wholesale quantities to retail druggists, public or charitable hospitals and medical or pharmaceutical colleges pure alcohol for medicinal purposes only and grain alcohol to be used by chemists or bacteriologists actually engaged in scientific work for such purposes only.
Such wholesale druggists shall, at the end of each month in which any such sales have been made, file with the Alcoholic Beverage Control Board a statement in writing giving the name of the purchaser, the price paid, the date of sale and the quantity and character of the alcohol sold.
(Acts 1915, No. 1, p. 1; Code 1923, §4718; Code 1940, T. 29, §188.)
Any retail druggist in this state who is himself a registered or licensed pharmacist or who regularly employs a licensed or registered pharmacist may sell in the manner set out in this article pure alcohol for medicinal purposes only and grain alcohol to chemists and bacteriologists actually engaged in scientific work for such purposes only.
Nothing in this section shall prevent such druggist from using alcohol in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of the special tax required of liquor dealers by the United States.
(Acts 1915, No. 1, p. 1; Code 1923, §4719; Code 1940, T. 29, §189.)
The retail druggists may sell, in quantities not greater than five gallons, alcohol to be used in the arts or for scientific or mechanical purposes and such druggists may sell in like quantities grain alcohol to chemists and bacteriologists engaged in scientific work and for such purposes only.
Any person desiring to purchase alcohol for the purposes set out in this section shall sign a written or printed statement, giving his name, residence and occupation and the purpose for which he intends to use said alcohol, and he shall certify that said alcohol is purchased in good faith for such purpose and no other.
(Acts 1915, No. 1, p. 1; Code 1923, §4720; Code 1940, T. 29, §190.)
Regularly licensed and practicing physicians may purchase grain alcohol or pure alcohol in quantities of not more than one gallon at one time from wholesale or retail druggists and may use the same in compounding and dispensing remedies in the practice of their profession only.
(Acts 1915, No. 1, p. 1; Code 1923, §4721; Code 1940, T. 29, §191.)
No sale of pure alcohol for medicinal purposes shall be made by any person authorized by the law under proper circumstances to make sale of such liquor for medicinal purposes except upon the prescription of a regularly authorized practicing physician of this state, who, before writing such prescription, shall make an actual examination of the person for whom the prescription is issued.
(Acts 1919, No. 7, p. 6; Code 1923, §4722; Code 1940, T. 29, §192.)
No physician shall prescribe alcohol for any patient simply upon the affirmation or statement or promise of said patient that he will use the same for medicinal purposes, but the said prescription must be based upon the professional opinion of the physician after a careful examination of the person seeking the prescription and upon his opinion, derived from such examination, that the said party is bona fide applying for said alcohol to be used as a medicine and not as a drink or beverage.
(Acts 1919, No. 7, p. 6; Code 1923, §4724; Code 1940, T. 29, §194.)
(a) Before any physician shall be authorized to prescribe alcohol for medicinal purposes, he shall first file with the probate judge of the county in which he practices an affidavit in the following form: “I, _____, a regularly authorized practicing physician, do solemnly swear or affirm that I am such regularly practicing physician in _____ County; and that I will not prescribe or furnish alcohol to any one except it be in my judgment a necessity in the alleviation or cure of the disease with which the patient shall be at the time afflicted and I will strictly comply with all the legal requirements pertaining to the furnishing of said prescriptions and will give no prescription for an amount exceeding one-half pint of alcohol; and I will comply with all the laws of the State of Alabama, with respect to the giving of prescriptions of alcohol for sickness; that I will not prescribe alcohol to one who is afflicted with the habit of taking narcotics or who is a person of intemperate habits nor will I prescribe alcohol merely upon the promise or statement of the patient that the same will be used for medicinal purposes, but it shall be prescribed only upon my judgment as a physician that the same is necessary in the treatment of a disease or sickness, which I shall find upon personal examination of the patient to exist in his case.”
(b) For the filing and recording of said affidavit by the probate judge in a book kept for that purpose, he may receive $.25 for each affidavit from the physician filing the same.
(Acts 1919, No. 7, p. 6; Code 1923, §4729; Code 1940, T. 29, §199.)
Said prescription shall state the disease or ailment from which the patient is suffering and shall prescribe the method of the use or administration of said alcohol and the quantity of the dose or doses to be taken and the intervals between doses or the time when the same are to be administered. The prescription shall state and certify that the use of such alcohol, in the opinion of the physician, is necessary to alleviate or cure the illness or disease from which such patient is suffering. Every such prescription shall contain the name and address of the physician giving the prescription, the name and address of the person for whom the alcohol is prescribed and the date on which the prescription is written and shall state the number of prescriptions for alcohol which the physician has written for said patient within 12 months or that he has not written any within that period for said patient.
(Acts 1919, No. 7, p. 6; Code 1923, §4723; Code 1940, T. 29, §193.)
The following form of prescription shall be used: “State of Alabama, ____ County. I, _____, a regularly licensed and practicing physician under the laws of said state, do hereby certify that I have examined _____, a patient under my charge, and I do hereby prescribe for the use of said patient, _____ of alcohol (not exceeding one-half pint), and I further certify that the said patient is suffering from the following illness, sickness or disease, _____ and that, in my opinion, the use of such alcohol is necessary to alleviate or cure the illness or disease or sickness from which such patient is suffering, and that I believe that the patient is seeking said prescription in good faith, to use said alcohol for medicinal purposes and not as a beverage, and in writing this prescription I am not relying upon his promise or affirmation that he or she will use the alcohol for medicinal purposes, but upon my own opinion, based upon an examination, that the alcohol is necessary to alleviate or cure the sickness of which he or she is suffering. And I further certify that he or she has been suffering from said sickness as far as I can ascertain for the following period of time (to be stated in months, weeks or days) _____. The alcohol is to be administered or used as follows: (here state dose, etc., as above directed). Then state address of patient and doctor. (Signed) _____ M. D. Date: ____.”
(Acts 1919, No. 7, p. 6; Code 1923, §4725; Code 1940, T. 29, §195.)
The physician shall immediately file a copy of the prescription, signed by himself, in the office of the probate judge, who shall preserve the same and deliver all such prescriptions to the next grand jury for examination.
(Acts 1919, No. 7, p. 6; Code 1923, §4728; Code 1940, T. 29, §198.)
(a) No prescription shall be filled under this article except upon the day upon which it is issued or the following day.
(b) No more than one-half pint of alcohol shall be sold and delivered on any one prescription.
(c) When any such prescription is filled, it shall not be refilled but shall be delivered to the druggist filling the same and, at the end of the month in which the same is filled, it shall be filed by such druggist with the Alcoholic Beverage Control Board.
(d) In towns having a population of 2,000 or more, no physician’s prescription shall be filled at any drugstore of which he is the proprietor or in which said physician has a financial interest, either as partner, stockholder or otherwise.
(Acts 1915, No. 1, p. 1; Code 1923, §4726; Code 1940, T. 29, §196.)
All statements or prescriptions required by this article to be filed in the office of the probate judge shall be recorded and properly indexed by him in a book kept for that purpose which shall at all times be open to public inspection, and a certified copy of such record or the original statement or prescription with the certificate of the probate judge endorsed thereon showing it has been recorded shall be prima facie evidence of the facts therein recited. For making such record, the probate judge shall be entitled to charge and collect for each prescription a fee of $.10 and, for all statements other than prescriptions, a fee of $.25, which shall be paid by the party filing the same.
(Acts 1915, No. 1, p. 1; Code 1923, §4730; Code 1940, T. 29, §200.)
No physician shall prescribe whiskey, rum, gin or brandy or any prohibited liquor for medicinal purposes, except alcohol as provided by law.
(Acts 1919, No. 7, p. 6; Code 1923, §4727; Code 1940, T. 29, §197.)
It shall be unlawful for any person to give away the essence, extract or tincture of Jamaica ginger for beverage purposes or for any person, except a druggist or proprietor of a drugstore, who is entitled by law to sell alcohol for medicinal purposes upon prescription of a physician, to sell or dispense the essence, extract or tincture of Jamaica ginger, and the said druggist or proprietor of a drugstore shall act only upon the prescription of a regularly authorized practicing physician, all in accordance with the rules and regulations prescribed by law for the furnishing of prescriptions of alcohol for medicinal purposes, with the same limitations and restrictions in all details and particulars.
(Acts 1919, No. 7, p. 6; Code 1923, §4731; Code 1940, T. 29, §201.)
Any physician who issues any prescription containing any false statement or who fails to comply with any requirement of the law in regard to the giving of prescription for alcohol to patients or who uses alcohol except for authorized purposes shall be guilty of a misdemeanor and shall be, by the judgment of the court, disbarred from the practice of his profession in this state upon conviction in addition to the other penalties prescribed.
(Acts 1919, No. 7, p. 6; Code 1923, §4734; Code 1940, T. 29, §202.)
No sheriff, jailer, police officer, marshal or other person in charge of any jail or lockup, under any pretense whatever, shall give, sell or deliver to any prisoner therein any spirituous, vinous or malt liquors or any other liquor or beverage prohibited by law to be sold, given away or otherwise disposed of, unless a reputable physician certifies in writing that the health of such prisoner or inmate requires it, and, in case of such certification, the prisoner may be allowed the use of the prescribed quantity of pure alcohol and no more. Any of said officers violating any provision of this section shall be guilty of a misdemeanor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4735; Code 1940, T. 29, §203.)
Any person who violates any provision of this article shall be guilty of a misdemeanor, when not otherwise expressed, and shall be punished as prescribed in this section.
Such person, except in cases where other punishment is prescribed, shall, on conviction, be punished by a fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months for the first conviction, at the discretion of the court. On the second and every subsequent conviction, in addition to the fine which may be imposed, the convicted party shall be imprisoned at hard labor for the county for not less than three nor more than six months, such imprisonment to be fixed by the court.
(Acts 1919, No. 7, p. 6; Code 1923, §4734; Code 1940, T. 29, §202.)
The following persons are authorized to purchase, have shipped from outside of the state, receive, accept delivery of, possess and use wines for sacramental or religious purposes: any minister, pastor or officer of a regularly organized religious congregation or church and any other person who, under the ritual of any recognized religious denomination, is authorized or required to use wine for sacramental or religious purposes in the ceremonies or ritual of such religious denominations.
(Acts 1919, No. 653, p. 906; Code 1923, §4736; Code 1940, T. 29, §204.)
It shall be unlawful to sell wine for sacramental purposes, except to a minister, pastor, priest or officer of a regularly organized religious congregation or church. Any such person desiring to make such purchase in quantities not exceeding one gallon from a druggist shall sign a written or printed statement giving his name and residence and the name and location of the church for which such wine is purchased, and he shall certify that said wine is purchased in good faith to be used for sacramental or religious purposes and no other. The statements provided for in this section shall be filed at the end of each month by the druggist making the sale with the Alcoholic Beverage Control Board.
(Acts 1915, No. 1, p. 1; Code 1923, §4732; Code 1940, T. 29, §205.)
When any such person desires to have shipped from outside of the state wine for sacramental purposes in the usual religious exercises of his denomination, he may apply to the Alcoholic Beverage Control Board for a permit, stating the amount desired, during what period and for what purpose; and said board, if satisfied of the good faith of the application, shall grant a written permit to the applicant, permitting the shipment of such amount as is shown to be reasonably necessary, to be stated in the permit, for the time stated for such purpose. Said permit shall be attached to the package when shipped into the state.
(Acts 1919, No. 653, p. 906; Code 1923, §4737; Code 1940, T. 29, §206; Acts 1963, 2nd Ex. Sess., No. 142, p. 328.)
The permit provided for in Section 28-4-182 may be used for only one shipment and shall be void 20 days after the date of issuance.
(Acts 1919, No. 653, p. 906; Code 1923, §4738; Code 1940, T. 29, §207.)
The carrier or party making delivery must keep a record of all such deliveries of wine for such purposes, subject to the conditions applicable to other shipments of liquor.
(Acts 1919, No. 653, p. 906; Code 1923, §4739; Code 1940, T. 29, §208.)
Any person 19 years of age or over shall be entitled to have in his possession in his motor vehicle or a private residence or place of private residence or the curtilage thereof in any dry county in this state for his own private use and not for resale not more than the following quantity of alcoholic beverages, as enumerated and defined in Section 28-3-1, when such beverages have been sold or distributed by and through a state liquor store operated by the Alabama Alcoholic Beverage Control Board or a licensee of such board, and the containers of such beverages have affixed thereto such mark or identification and sufficient revenue stamps as to show that such alcoholic beverages were sold or distributed by a state liquor store or a licensee of the Alabama Alcoholic Beverage Control Board and that the required tax has been paid: three quarts of liquor and one case of malt or brewed beverages or three quarts of wine and one case of malt or brewed beverages; provided, however, that no alcoholic beverages shall be kept, stored or possessed in the passenger area of any vehicle or in the view of any passenger.
(Acts 1971, No. 1265, p. 2194, §1.)
(a) It shall be unlawful for any person residing in or traveling through any dry county in this state to sell or offer to sell such alcoholic beverages to another or to have in his possession at any one time any amount of alcoholic beverages in excess of the quantity stipulated in Section 28-4-200.
(b) Any person violating the provisions of this article shall be guilty of a misdemeanor and shall be fined not less than $50.00 nor more than $500.00 or imprisoned in the county jail for a period not to exceed six months or both, at the discretion of the court.
(Acts 1971, No. 1265, p. 2194, §2.)
The nuisances named in this chapter as liquor nuisances may be abated by a proceeding in a circuit court. The Attorney General or the district attorney or deputy district attorney where his official duties require him to prosecute criminal cases on behalf of the state may, upon their relation, file a petition in the name of the State of Alabama in the circuit court in the county where the nuisance exists to abate and perpetually enjoin the same.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4671; Code 1940, T. 29, §141.)
The petition to be filed to abate such nuisances may be filed against any person, firm or corporation who maintains or aids in maintaining such nuisance, including agents, servants and employees, as well as officers, of corporations.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4619; Code 1940, T. 29, §97.)
The petition shall state the facts upon which the application is based and shall be verified by the affidavit of the officer or citizen filing the action, either upon knowledge or information and belief, as the circumstances may warrant, and, in case the petition is filed by any one of the officers named and he is unwilling to make the affidavit, the verification may be made by any citizen or citizens in the same manner and terms as if the petition had been filed by him or them.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4672; Code 1940, T. 29, §142.)
When a petition making a prima facie case and properly verified is presented to the judge of the court wherein the petition is filed or is to be filed or other judge authorized by the law of the state to grant a preliminary injunction, such judge may, after notice to the adverse party and a hearing, issue a preliminary injunction, and the judge shall direct the terms of the preliminary injunction so as to carry out the purposes of the law, which is to secure the restraint and abatement of such liquor nuisances on the premises.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4674; Code 1940, T. 29, §144.)
No bond shall be required as a condition precedent to the issuance of a preliminary injunction when the action is brought by the Attorney General of the state or a district attorney or deputy district attorney.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4673; Code 1940, T. 29, §143.)
If the petition shall request a writ of seizure authorizing the sheriff to seize all prohibited liquors and beverages on the premises, together with all signs, screens, bars, bottles, glasses and other movable property used in keeping and maintaining said nuisance, the officer, or citizen or citizens filing the petition may, at the time they apply for a preliminary injunction, make application to the judge who grants the preliminary injunction or to the judge of the court in which the petition is or is to be filed or they may, at any time pending the hearing, make such application to said judge for such writ of seizure, and said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation for the issuance of said writ, that the officer or person making the application or filing the petition has probable cause to believe and does believe that said prohibited liquors and beverages are manufactured, sold, furnished, given away, kept or offered for sale in violation of law on or about said premises. The officer or citizen or citizens making the application may support the same by the production of affidavits in writing sworn to and subscribed by the person making them, and the judge may issue said writ of seizure when he is satisfied from the affidavit of the officer or citizen or citizens or of others that facts have been produced affording probable cause for believing the grounds of the application to exist.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4678; Code 1940, T. 29, §148.)
The writ shall name or describe the person or other party whose premises are to be searched and shall describe as nearly as possible the liquors or beverages that are to be seized and the place where said liquors and beverages are to be seized, as prescribed in this chapter for other search warrants.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4679; Code 1940, T. 29, §149.)
Whenever it shall be finally decided in the action that the liquors seized as aforesaid are forfeited and that they were kept or stored for an illegal purpose, the judgment of the court shall order the officer having said liquors in custody to forthwith destroy the same, together with the vessels containing the same, and other movable property used in keeping and maintaining the nuisance and immediately thereafter to make return of said order to the court whence it issued, with his action endorsed thereon.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1940, T. 29, §150.)
If it shall be finally decided that any liquors or beverages so seized are not liable to forfeiture, the court shall order the officer having the same in custody to restore said liquors, with the vessels containing the same, to the place where they were seized, as nearly as practicable, and to the person entitled to receive them, which order the officer shall obey and make return to the court of his acts thereunder.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4861; Code 1940, T. 29, §151.)
There shall be allowed the officer making the seizure under a writ issued under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of $3.00 and the sum of $.10 for every mile traveled in making the seizure, together with such reasonable sum as the court may deem just for necessary expenses incurred in transporting and providing storage for liquors and beverages and other movable property seized, all which costs shall be taxed in the bill of costs and, if not collected from a defendant, then shall be taxed and paid as in criminal prosecutions in which the state fails.
The costs in such injunction proceedings, unless charged against some party defendant by the court and collected from him, shall be paid as in criminal actions in which the state fails, upon the court making an order to that effect.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4682; Code 1940, T. 29, §152.)
The owner of and all persons interested in the building or premises where the nuisance exists or any agent renting the same, as well as the keeper thereof, may be joined with the keeper as parties defendant to the proceedings, and all such owners, keepers, parties interested or agents who may be found to have knowingly assented to the keeping or maintaining of such nuisance on the premises at any time within six months prior to the commencement of the action and their servants, lessees and tenants shall be perpetually enjoined from maintaining and keeping or suffering to be kept and maintained such nuisance or any liquor nuisance upon the said premises.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4675; Code 1940, T. 29, §145.)
The court shall have full power and authority to maintain its jurisdiction and by all suitable orders and writs to enforce its judgments in respect to the subject matter of the action and to so shape and mould its judgments as to accomplish the purpose of the petition. All the rules of evidence, practice and procedure, except as otherwise provided in this article, that pertain to circuit courts generally or that exist by virtue of any law of this state may be invoked and applied in any such injunction proceeding instituted under this article.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4676; Code 1940, T. 29, §146.)
Upon the final hearing of the action instituted to abate a liquor nuisance, if it shall appear that the petition has been sustained by the evidence or has been admitted, the court shall enter a judgment ordering abatement of the nuisance, which judgment shall order the destruction of all such prohibited liquors and beverages as are found upon the premises, together with all signs, screens, bars, bottles, glasses and other movable property used in keeping and maintaining said nuisance, and the destruction of all such liquors and beverages and such movable property as may have been seized under authority of the court pending the hearing of the action.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4677; Code 1940, T. 29, §147.)
Prohibited liquors and beverages kept, stored or deposited in any place in this state for the purpose of sale or unlawful disposition or unlawful furnishing or distribution and the vessels and receptacles in which such liquors are contained are declared to be contraband and are forfeited to the state when seized and may be condemned for destruction as provided in this article, and prohibited liquors and beverages may be searched for, seized and ordered to be destroyed as set forth in this article. In all criminal prosecutions against any person for violating the provisions of the prohibition laws of this state, the court, upon a conviction, may order the destruction of such prohibited liquors or beverages as had been sold, offered for sale, had, kept in possession for sale or otherwise disposed of by the defendant, or had been employed by him for use or disposition at any unlawful drinking place or had been kept or used in conducting the business of a liquor dealer or malt liquor dealer when such liquors or beverages have been seized for use as evidence in the case, and such court shall have the same power, upon conviction, in case of the seizure for use as evidence of such prohibited liquors and beverages and prosecutions against any person for unlawfully storing, accepting on consignment or delivering, transporting or shipping such prohibited liquors and beverages.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4740; Code 1940, T. 29, §209.)
Search warrants for the seizure of liquors and beverages that are prohibited to be sold or otherwise disposed of in this state, together with the vessel or other receptacle in which they are contained, may be issued as prescribed in this article, and proceedings may be had to secure the destruction of such liquors, beverages, vessels and receptacles upon the grounds and in the manner provided in this article.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4741; Code 1940, T. 29, §210; Acts 1951, No. 905, p. 1544.)
The warrant may be issued by a judge of a district court.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4742; Code 1940, T. 29, §211; Acts 1955, 2nd Ex. Sess., No. 45, p. 151.)
The warrant may be issued on any one of the following grounds:
(1) When any person, firm, association of persons or corporation or unknown person or other party keeps a place where prohibited liquors and beverages, or any of them, are manufactured, sold, kept for sale or otherwise disposed of contrary to law or when such liquors and beverages, or any of them, are stored for sale, delivery or distribution contrary to law or for other illegal purposes in any warehouse or other place;
(2) When such prohibited liquors or beverages, or any of them, are in the possession of any person, firm, association of persons or corporation conducting on the premises an unlawful drinking place or maintaining a liquor nuisance thereon by means thereof; or
(3) When any person, firm, association or corporation is carrying on at a place the business of a retail or wholesale dealer in liquors (except bona fide druggists who sell and keep for sale alcohol only under the regulations prescribed by law) or the business of a retail or wholesale dealer in malt liquors and said liquors are kept for sale by such dealer.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4748; Code 1940, T. 29, §217.)
Said warrants shall be issued only on probable cause supported by affidavit naming or describing the person or other party whose premises are to be searched, if known, and describing as nearly as possible the liquors and beverages to be searched for and the place to be searched. The liquors or beverages may be described as prohibited liquors and beverages or spirituous, vinous or malt liquors if more specific description is not obtainable, and the affidavit may show that more specific description is not obtainable.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4743; Code 1940, T. 29, §212.)
The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their depositions in writing and cause the same to be subscribed by the person or persons making them. The depositions must set forth facts and circumstances tending to establish the ground or grounds of the application or probable cause for believing that a ground exists authorizing a search warrant to issue.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4745; Code 1940, T. 29, §214.)
If the judge of the district court is satisfied of the existence of ground or grounds for the application, or one of them, or that there is probable cause to believe the existence of them, or one of them, he must issue a search warrant, signed by him, directed to the sheriff or to any lawful officer, commanding him to forthwith search the place named for the prohibited liquors and beverages and to bring them before the judge. If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit may so state and the warrant may issue accordingly. The judge of the district court may direct the warrant to the chief of police or any police officer of a municipality when the place to be searched is within a municipality or within the police jurisdiction thereof.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940, T. 29, §215.)
The warrant may be in substantially the form prescribed by law for other search warrants and must, except as otherwise specified in this article, be executed in the manner and with the authority of the officer as prescribed by law in respect to other search warrants.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4747; Code 1940, T. 29, §216.)
The warrant may be executed by any one of the officers to whom it is directed, but by no other person, except in aid of the officer, he being present and acting in its execution. The complainant may accompany the officer who executes the warrant and give information and assist him in executing the writ. A writ addressed to a sheriff may be executed by any lawful officers.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4744; Code 1940, T. 29, §213.)
The warrant may be executed at any time between 8:00 A.M. and 6:00 P.M. or at any other time that the place or premises are open.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4751; Code 1940, T. 29, §220.)
The warrant must be executed and returned to the judge of the district court by whom it was issued within 10 days from the date of issuance. After that time, if it has not been executed, it is void.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)
When an officer takes prohibited liquors and beverages under the warrant, he must, if required, give a receipt to the person from whom they were taken or in whose possession they were found and also a receipt for such receptacles or vessels as may be taken under the warrant.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)
The officer in his return of the warrant to the judge of the district court must specify with particularity the liquors and beverages and other articles taken, and the applicant for the warrant and the person from whose possession the liquors and articles were taken are entitled to a copy of the return, signed by the judge, which he must furnish them on their application therefor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4750; Code 1940, T. 29, §219.)
A search warrant may be obtained and prosecuted in accordance with the rules and regulations prescribed in this article in case there is probable cause to believe and it is made to appear to the judge issuing the warrant that there is probable cause to believe that prohibited liquors and beverages or some of them are kept or deposited in or on a watercraft of any kind or in a depot, railway car, carriage or vehicle of any kind for unlawful sale, furnishing, distribution or other unlawful disposition. The place where such search is to be made should be described as nearly as possible in the affidavit and warrant for purpose of identification.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4770; Code 1940, T. 29, §239.)
When liquors and beverages and vessels and receptacles are seized by the officer, they shall be held by him subject to the order of the judge of the district court or the court to which the proceedings may be carried by appeal, and, upon final judgment in accordance with the procedure prescribed in this article, must be returned to the lawful owner or owners or be otherwise disposed of according to law.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4752; Code 1940, T. 29, §221.)
Liquors and beverages seized and vessels and receptacles containing them shall not be taken from the custody of the officer by writ of replevin or detinue or other process while the proceedings under this article are pending.
A final judgment of condemnation in all proceedings under this article shall be a bar to all actions for the recovery of any liquors and beverages or vessels and receptacles seized or for the value of the same and for damages alleged to arise by reason of the seizure and detention thereof.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4753; Code 1940, T. 29, §222.)
Upon the return of the warrant to the judge of the district court showing a seizure thereunder, the judge shall issue a notice directed generally to all persons claiming any right, title or interests in such liquors and beverages and vessels and receptacles to appear before the judge issuing the warrant at a time and place therein specified not less than five nor more than 15 days after the issuance of said notice and show cause why such liquors and beverages and vessels and receptacles shall not be forfeited to the state and destroyed.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4754; Code 1940, T. 29, §223.)
A copy of such notice shall be delivered to the person or other party who kept the liquors and beverages or had possession of the liquors and beverages at the time of the seizure, and a copy shall also be delivered to the party named in the affidavit for the warrant if a different party from the one who kept or had possession of the liquors and beverages at the time of the seizure, and the officer shall place another copy of such notice in a conspicuous place upon said premises.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4755; Code 1940, T. 29, §224.)
At the time and place specified in the notice, any person claiming any right, title or interest in the liquors and beverages and vessels and receptacles seized under such warrant may interpose a verified answer controverting the allegations of the complaint upon which said warrant was issued and controverting the ground or grounds upon which the warrant was issued, and such person shall propound in such answer what right, title or interest he claims in the liquors and beverages or vessels and receptacles seized.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4756; Code 1940, T. 29, §225.)
The issue thus framed shall be deemed an action pending in the court of the judge who issued the warrant between the State of Alabama, on the relation of the complainant, and the liquor and beverages and vessels and receptacles so seized and against the party in possession of the liquors and beverages or against the party who interposes the claim, and may be entitled in the name of the State of Alabama against the said party so appearing, if any, and if no one appears, may be entitled as against said liquors and beverages adding for identification the name of the person or persons mentioned in the affidavit or warrant. The said action shall be tried in the district court as other actions are tried therein.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4757; Code 1940, T. 29, §226.)
If different parties appear and claim separate portions of the liquor and beverages and vessels and receptacles seized, separate answers may be filed and separate issues may be framed and the trial had accordingly before the district court.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4760; Code 1940, T. 29, §229.)
Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant, he shall appear on the day fixed for the hearing. The district attorney or his deputy shall appear and prosecute said action on behalf of the state.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4767; Code 1940, T. 29, §236.)
No person, except one who answers claiming some right, title or interest in the liquors so seized, shall be excused from attending and testifying or producing any books, papers or other documents before any court or judge upon any such hearing or trial upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation, trial or proceeding.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4765; Code 1940, T. 29, §234.)
If no party appears to make a claim at the time specified in the notice or if no verified answer controverting the allegations of the complaint and the grounds for issuance of the search warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If it is established upon the hearing before said judge or upon the trial of the action, if issue be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful sale or other disposition or for furnishing or distribution within this state or if it appears that the complainant has established a ground for the issuance of such search warrant, judgment of forfeiture of said liquors and beverages and vessels and receptacles shall be entered, which judgment shall order the immediate delivery of said liquors and beverages and vessels and receptacles to the Alcoholic Beverage Control Board at Montgomery, Alabama, whereupon said board shall determine the reasonable value thereof. The amounts so determined by said board to the reasonable value thereof shall be paid by the board to the clerk of the court in which such order or forfeiture was made. In the case of nonfederal tax-paid liquors and beverages, the court shall order the same to be publicly destroyed. Any funds paid into court, as provided in this section, shall be applied first to the payment of the court costs in such case, and the balance, if any, shall be paid into the general fund of the municipality or county in which said case arose.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4758; Code 1940, T. 29, §227.)
If the testimony produced on the hearing before the judge or upon such trial before the judge or court shall fail to establish the complaint or that a ground existed for the issuance of the warrant or that the liquors and beverages and vessels and receptacles were kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within this state, judgment shall be entered dismissing such complaint and providing that such liquors and beverages and the vessels and receptacles containing the same be returned to the place from which or to the person from whom they were taken.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)
If judgment shall be against only one party defendant appearing, he shall be charged to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall be entered against more than one party claiming distinct parts of or interests in said liquors and beverages and vessels and receptacles, then the cost of the proceeding and trial may be equitably apportioned among the defendants for the amount of cost to be adjudged against them according to the discretion of the judge or court. In the event no one appears to contest the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained, the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the state fails, and this rule shall apply as to any separate claim when several parties appear, claim and contest and such separate claim is sustained and there is failure to obtain judgment as to the part of the liquor and beverages and vessels and receptacles so claimed.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4761; Code 1940, T. 29, §230.)
Any party may appeal within 14 days from the date of final judgment or denial of a post-trial motion, whichever is later, any judgment entered under the provisions of this article in any district court, such appeal to be taken in behalf of the state to the circuit court by the district attorney by filing a notice of appeal with the judge of the district court.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4762; Code 1940, T. 29, §231.)
Any person appearing and becoming a party defendant as provided in this article may appeal from the judgment of forfeiture and condemnation as to the whole or any part of the liquors and beverages and vessels and receptacles claimed by him and adjudged forfeited to the circuit court as in other cases appealed from a district court to a circuit court, the appeal to be granted upon parties giving bond for the cost of appeal, that will be incurred in the circuit court.
Upon written demand being made therefor endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled to a jury for the trial of the action in the circuit court. Said circuit court shall proceed with the case de novo and may cause suitable issues to be framed for the determination of the action.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4763; Code 1940, T. 29, §232.)
Whenever it shall be finally decided that the liquors and vessels seized as provided in this article are forfeited and ordered condemned, the judge or court entering final judgment of forfeiture shall issue to the officer having said liquors and beverages and vessels and receptacles in custody a written order directing him forthwith to deliver said liquors and beverages and vessels and receptacles to the Alcoholic Beverage Control Board as provided in Section 28-4-273, except in the case of nonfederal tax-paid liquors or beverages, which shall be publicly destroyed, and the officer shall immediately thereafter make return of said order to the court whence issued with his actions in the premises endorsed thereon.
When it is finally decided that the liquors and beverages and vessels and receptacles so seized are not liable to forfeiture, the judge or the court entering the judgment shall issue a written order to the officer having the same in custody to restore the same to the place where seized, as nearly as possible, or to the persons who are entitled to receive them.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4764; Code 1940, T. 29, §233.)
A search warrant may be issued by any judge of a circuit court, and on the return of the warrant, the same proceedings may be had before the judge sitting as a court as are prescribed in this article for the trial before district court judges issuing said warrants. Any defendant to the warrant in such circuit court may have a jury trial upon demanding the same at the time he files his verified answer and claim.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4766; Code 1940, T. 29, §235.)
There shall be allowed the officer making the seizure under a search warrant the sum of $3.00 and also the additional sum of $2.00 for every day that such officer shall necessarily be employed in attending court for the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant, together with such reasonable sum as the court may deem just for necessary expenses incurred in transporting and providing storage for liquors and beverages and vessels and receptacles seized.
Where a warrant is issued to any peace officer to search a designated place for prohibited liquors and beverages and such officer executes such warrant and seizes such liquors or beverages, but fails to arrest any person or persons for having such prohibited liquors or beverages in his or their possession, then no fees, mileage or allowances shall be paid to anyone for any service under this article.
Where a warrant is issued to any peace officer to search a designated place for prohibited liquors or beverages and such officer executes said warrant, seizes such prohibited liquors or beverages, arrests one or more persons alleged to have had the possession of such liquors or beverages at the time of said seizure and said person is tried and acquitted of the charge or charges arising out of the possession, use or sale of said seized prohibited liquors or beverages by the court having jurisdiction of the action or the action is nol prossed by such court or withdrawn and filed, then the fees, mileage or allowances set out in this section shall be taxed and paid as in criminal prosecutions in which the state fails, upon the court or judge making an order to that effect. If, however, the arrest of one or more persons alleged to have had the possession of such liquors or beverages is made and the defendant or defendants are finally convicted, the costs or fees set out in this section shall be taxed in the bill of costs against such defendant or defendants and, if not collected from such defendant or defendants so convicted, shall be taxed and paid as in criminal prosecutions in which the state fails, upon the court or judge making an order to that effect.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4768; Acts 1935, No. 299, p. 727; Code 1940, T. 29, §237.)
Whenever in any proceedings for forfeiture and condemnation of liquors and beverages and vessels and receptacles it shall appear to the judge or court that there has been any irregularity in the service of any process or notice or any omission to post or serve notices required or any defect in the affidavit or notice or in the service or return of either, the judge or court may permit the same to be amended and may direct such further service of process or of notice as will, in the judgment of the judge or court, be most effectual in securing notice of the proceeding to those who may be entitled thereto and so that the proceeding may not fail for any irregularity or technicality.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2; p. 8; Code 1923, §4769; Code 1940, T. 29, §238.)
All appliances which have been used or are used or ready to be used for the purpose of distilling or manufacturing any prohibited liquors or beverages are contraband, and no person, firm or corporation or association of persons shall have any property rights in or to the same, and when said appliances or apparatus so used or ready to be used or that have been used for the manufacture of any prohibited liquors and beverages shall be found by any sheriff or other law officer, the same shall be by said officer at once summarily destroyed and rendered useless for service. The officer shall also summarily destroy any liquor or liquids, the product of a distillery or plant for the making of a prohibited liquor which he may find on the premises, and the owner of said distillery or plant or any person permitting the same to exist on the premises shall forfeit to the State of Alabama all property used in connection with said illegal plant, together with the buildings and lots or parcels of ground constituting the premises on which the unlawful act is performed or permitted to be performed.
(Acts 1919, No. 7, p. 6; Code 1923, §4775; Code 1940, T. 29, §244.)
The forfeiture provided in Section 28-4-282 may be enforced by a complaint filed in the circuit court of the county in which the property is located, the complaint to be filed in the name of the State of Alabama by the Attorney General or by a district attorney in the county where the complaint is filed or by others as provided in the law for the filing of petitions for abatement of liquor nuisances.
(Acts 1919, No. 7, p. 6; Code 1923, §4776; Code 1940, T. 29, §245.)
The property may be ordered sold and the proceeds, after paying the costs and expenses of the seizure and of the action, shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor.
(Acts 1919, No. 7, p. 6; Code 1923, §4777; Code 1940, T. 29, §246; Acts 1949, No. 669, p. 1032.)
All conveyances and vehicles of transportation of any kind, whether on the waters of the state, under the waters, on land or in the air, including any animals that may be used in such transportation, whether hitched or not hitched to any vehicle so illegally used, together with all harness and other accessories employed in such illegal transportation, which have been or are used for the illegal conveying of any prohibited liquors or beverages into this state or from one point in the state to another point within the state shall be contraband and shall be forfeited to the State of Alabama, and shall be seized by any sheriff or any other person acting under authority of law in the enforcement of the prohibition laws of the state who becomes cognizant of the facts or who finds liquor being illegally transported as aforesaid in such vehicles or conveyances or on any such animal, and such officer or person shall report the seizure and the facts connected therewith to the district attorney in the county where seizure is made or, in default thereof, to the Attorney General of the state.
In order to condemn and confiscate any of the above-mentioned conveyances or vehicles or animals, it shall not be necessary for the state to show any actual movement of said conveyances, vehicles or animals while loaded with any of said prohibited liquors or beverages; provided, that if said prohibited liquors or beverages shall have been purchased through the state liquor stores or shall bear the stamp of the Alabama Alcoholic Beverage Control Board, no such conveyance, vehicle or animal shall be confiscated or forfeited unless the court shall be convinced from the evidence that said prohibited liquors or beverages were being transported for the purpose of resale contrary to law, and the fact that the owner or operator of said conveyance or vehicle or animal has a reputation of being a seller of prohibited liquors shall be prima facie evidence that such liquors or beverages were being transported for resale.
(Acts 1919, No. 7, p. 6; Code 1923, §4778; Acts 1927, No. 624, p. 715; Code 1940, T. 29, §247; Acts 1947, No. 129, p. 39.)
It shall be the duty of such officer in the county or the Attorney General of the state to institute at once or cause to be instituted condemnation proceedings in the circuit court by filing a complaint in the name of the state against the property seized, describing the same, or against the person or persons in possession of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture. No replevin or detinue writ may be employed to retake possession of such seized property pending the forfeiture action, but any party claiming a superior right may intervene by motion in said action and have his claim adjudicated.
The judge presiding in said circuit court or any division thereof may superintend and make all proper orders and orders of publication of notice to be published for all parties claiming the said vehicles to come in and assert their right thereto. The said court shall have authority to frame all orders of procedure so as to regulate the proceedings that persons may have an opportunity to come in and propound their claim to the vehicles and conveyances sought to be condemned.
(Acts 1919, No. 7, p. 6; Code 1923, §4779; Code 1940, T. 29, §248.)
Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state, the defendant in the proceedings or the claimant of the property shall have the right to execute a bond in double the value of such property or of any item thereof, with good and sufficient surety, to be approved by the sheriff or the register or clerk of the circuit court and conditioned, in the event the said property is condemned, to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation and to pay any difference between the value of said property at the time of the seizure and the time of the delivery to the sheriff after condemnation, such difference in value to be determined by the trial court upon motion of any party to said action. Upon the execution of such bond, the sheriff shall deliver said property to the defendant or claimant executing the same.
Upon the failure of the defendant or claimant to deliver the property condemned within 15 days after judgment of condemnation, the bond shall be returned forfeited to the register or clerk of the circuit court and execution may issue thereon against the principal and his sureties for the amount of the value of such property; or, in case of the return of the property to the sheriff and the failure to pay the difference in value as above set forth, execution may issue against the principal and his sureties for such difference in value.
(Code 1923, §4780; Code 1940, T. 29, §249.)
Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state and has been condemned by the circuit court that tried the action, the defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the value of said property and of the several items separately and shall have the right to execute a bond with two good sureties in double the appraised value of such property or of any item or items thereof, to be approved by the clerk or register of the circuit court, conditioned, in the event the appeal is affirmed or reversed and the conveyance, vehicle, animal or harness is subsequently condemned on another trial, to deliver the property for which a bond is given to the sheriff within 30 days from the date of such affirmance or reversal and subsequent condemnation on another trial, to be disposed of according to law and to pay any difference between any value thereof at the time of the original appraisal and at the time of the delivery to the sheriff, the difference in value to be determined by the circuit court. On the execution of such bond the sheriff shall deliver said property to the defendant or claimant executing such bond.
Upon the failure of the bondsmen to deliver the said property condemned within 30 days after the appeal has been affirmed or within 30 days after condemnation on another trial if the judgment is reversed, the bond shall be returned by the sheriff forfeited, and execution may issue thereon against the principal and sureties for the amount of the value of the property or, in case of the return of the property, for the difference between the value fixed by the court on the original appraisal and the final appraisal when it is returned after the appeal is affirmed.
(Acts 1919, No. 683, p. 984; Code 1923, §§4786, 4787; Code 1940, T. 29, §§255, 256.)
In all actions filed under this article for the purpose of condemning and selling conveyances and vehicles of transportation of any kind on account of their use in the transportation of prohibited liquors or beverages, if a judgment shall be entered against the state, the court costs shall be paid out of the law-enforcement fund provided for in this article, said payment to be made on warrant of the Comptroller upon receipt by him of the bill of costs certified as being correct by the register or clerk of the circuit court in which such action shall have been tried, which cost bill should also bear the approval of the Attorney General and the Governor before a warrant shall be drawn.
(Acts 1923, No. 567, p. 736; Code 1923, §4785; Code 1940, T. 29, §254.)
Any sheriff or other officer who seizes or comes into possession of such vehicle, animal or property illegally used for the transportation of liquor or beverages within or into the state and does not know or cannot ascertain the possessor or owner thereof shall advertise and sell the same according to the rules for selling personal property under execution, and both the court in condemnation proceedings and the said officer on advertisement shall sell the right of all interested persons in and to said conveyances, vehicles and other property who aided or assisted in the illegal transportation or who had knowledge or notice thereof or could by reasonable diligence have obtained knowledge or notice thereof.
(Acts 1919, No. 7, p. 6; Code 1923, §4781; Code 1940, T. 29, §250.)
Unless otherwise provided by law, the proceeds of the sale of any such property forfeited to the state, whether sold by court order or by an officer under advertisement, shall, after paying all expenses in the action, or of advertisement, as the case may be, including the costs of seizure and of keeping the property pending the proceedings, be applied as follows: One half of the proceeds shall be paid into the general fund of the county in which the property is seized, and the other one half shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor; provided, that when such property shall be seized by an officer of a municipality, one half of the proceeds of the sale shall be paid into the general fund of the municipality, one quarter shall be paid into the general fund of the county, and the other one quarter shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor.
(Acts 1919, No. 7, p. 6; Code 1923, §4782; Code 1940, T. 29, §251; Acts 1947, No. 126, p. 38; Acts 1949, No. 669, p. 1032.)
All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases or trunks, which have been seized in law enforcement and which are in the custody of any person or officer, after conviction of the parties from whom seized of the violation of the law in respect thereto, shall be sold after notice of sale by advertisement in a newspaper published in the county for 10 days in a daily paper or for two issues in a weekly paper.
The proceeds of the sale shall be paid into the municipal treasury, if sale is made by a municipal officer or custodian of such contraband seized by municipal officers, or to the law-enforcement fund in the State Treasury if made by any other officer or custodian.
(Acts 1919, No. 7, p. 6; Code 1923, §4783; Code 1940, T. 29, §252.)
No property rights of any kind shall exist in prohibited liquors and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for the purpose of violating any law for the promotion of temperance or the suppression of the evils of intemperance, nor in any such liquors and beverages when received, possessed or stored in any forbidden place or anywhere forbidden by law. In all such cases the liquors and beverages are forfeited to the State of Alabama and may be searched for and seized and forfeited and disposed of under the rules prescribed by law concerning contraband liquors and beverages or by order of the judge or court, after a conviction, when such liquors and beverages have been seized for use as evidence.
(Acts 1915, No. 491, p. 553; Code 1923, §4771; Code 1940, T. 29, §240.)
When any officer shall seize or take possession of any prohibited liquors and beverages in the enforcement of the law, he shall at once, in writing, make a return of his acts, with a statement of the quantity and kind of liquors and beverages to the court that has or secures jurisdiction of the case. When any such liquor or beverage is destroyed, delivered to any person or otherwise disposed of, the officer acting in the matter shall in writing make a report of the facts to such court.
(Acts 1915, No. 491, p. 553; Code 1923, §4772; Code 1940, T. 29, §241.)
Whenever prohibited liquors and beverages, or any of them, are seized and held for use as evidence before any court on the trial of any person for a violation of the prohibitory laws of the state or the prohibitory ordinance of any municipality and the person is convicted for violating such law or ordinance in any way by his connection with or possession or ownership of the liquors and beverages, or any of them, then, within 10 days after conviction, without any order of the court to that effect, the custodian of the liquor or beverage is authorized to proceed and shall proceed to dispose of the same as provided in Section 28-4-273.
(Acts 1919, No. 7, p. 6; Code 1923, §4773; Code 1940, T. 29, §242.)
(a) All confiscated liquors and beverages which the Alcoholic Beverage Control Board will accept shall not be destroyed but shall be deposited with the Alcoholic Beverage Control Board for resale. All other liquors and beverages shall be disposed of as otherwise provided by law.
(b) The Alcoholic Beverage Control Board shall immediately upon receipt of such liquors or beverages determine the reasonable value of the amount thereof and issue its warrant for the payment of same to the custodian of the county funds in the county where seized or, if seized by municipal law-enforcement officers, then to the custodian of funds of the municipality, payable to the general fund of the county or the municipality as the case may be.
(c) Nothing in this section shall apply to liquors or beverages illegally made, manufactured or distilled in an unlicensed distillery, brewery or winery, and all such liquors or beverages shall be disposed of as otherwise provided by law.
(Acts 1973, No. 1224, p. 2071.)
Any custodian of seized contraband liquor and beverages who shall permit the same to be improperly and unlawfully removed from his possession or shall give the same away to any person shall be punished, on conviction, by a fine of not less than $50.00 and by imprisonment at hard labor for the county for six months.
(Acts 1919, No. 7, p. 6; Code 1923, §4774; Code 1940, T. 29, §243.)
This article is not intended to secure the search of the premises of bona fide druggists who sell or keep for sale alcohol only for medical, scientific or mechanical purposes or wine for sacramental purposes as authorized by law or of bona fide physicians who sell and keep for sale pure alcohol only for medical purposes at the places that may be allowed and subject to the restrictions and regulations prescribed by law.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4751; Code 1940, T. 29, §220.)
In cases of all contraband property, as provided in this article, there shall be a remedy by complaint filed in the name of the state by the officer or other person, in accordance with any provisions of the prohibition laws of the state, to secure a judgment of forfeiture, sale and distribution of the proceeds in accordance with the provisions of this article.
If the arrest and seizure of such property is made by an officer or employee of any municipality of this state, such municipality shall receive one half of the remainder of the proceeds derived from the sale of such property, after the costs and expenses (including payment to officers and informers provided for in this article) are paid. The said portion of the moneys derived from such proceeds shall be paid into the treasury of such municipality and used and applied as a law-enforcement fund, under the supervision and control of the governing body of such municipality, and the remaining half shall be paid to the law-enforcement fund in the State Treasury.
(Acts 1919, No. 7, p. 6; Code 1923, §4784; Code 1940, T. 29, §253.)
In order for the Governor to perform the duties imposed upon him by the Constitution, that he shall take care that the laws be faithfully executed, he is made the executive head of the law-enforcement machinery of the state and is charged with supervising and directing the enforcement of the laws of the state for the promotion of temperance and the suppression of the evils of intemperance and he is authorized to supervise, direct and give orders to any and all officers of the state or of any county in the state in regard to the exercise of their powers in the performance of their duties in respect to the enforcement of said laws.
The Governor may, as he deems desirable, call upon said officers for reports to be made directly to him concerning any action they may have or may not have taken in enforcing said laws and for reports concerning conditions that may exist, calling for increased diligence in reference to said law enforcement, and all such officers shall strictly obey his orders and directions and make any reports called for and, in the event of a failure to do so or to carry out any instruction of the Governor in respect to the enforcement of said laws, shall be guilty of a misdemeanor in office and may be punished, on conviction, by a fine not exceeding $50.00 and by imprisonment not exceeding 12 months at hard labor for the county, to be fixed in the discretion of the court or judge trying the case.
(Acts 1919, No. 7, p. 6; Code 1923, §4790; Code 1940, T. 29, §259.)
The Governor may appoint and employ, subject to the provisions of the Merit System, such inspectors or secret service men or such other persons as he may deem necessary for the purpose of detecting and reporting upon violations of the prohibition laws, or any of them, and contract with them for reasonable compensation to be paid by the state for their services. He may also offer a reward to all sheriffs, constables or other persons, in his discretion, who will bring about the conviction of any person for the violation of said laws and particularly for the violation of the laws against the manufacture of prohibited liquors, and may state the amount that will be paid out of the State Treasury to any officer or person who may secure the conviction of anyone guilty of the offense of illicit distilling or other violation of said laws. In the event such reward or rewards are earned, the same shall be paid by warrant drawn by the Comptroller upon the State Treasury or the law-enforcement fund therein provided by this chapter, as the Governor decides, upon a bill presented against the state for the reward, stating the facts and circumstances which the claimant puts forward as entitling him to the reward, when the said bill is certified and approved as being correct by the Attorney General of the state and is also approved by the Governor.
(Acts 1919, No. 7, p. 6; Code 1923, §4791; Code 1940, T. 29, §260.)
The Governor, in his discretion, may require the Attorney General to prepare instructions to the officers of the state, counties or municipalities to aid them in enforcing the prohibition laws, to be published and distributed at the expense of the state, as directed by the Governor.
(Acts 1919, No. 7, p. 6; Code 1923, §4792; Code 1940, T. 29, §261.)
All prosecutions for a violation of any provision of this chapter or of any other law for the suppression of the evils of intemperance may be begun by affidavit as well as by indictment; and when begun by affidavit, the person charged shall not have the right to demand that a grand jury prefer an indictment for the alleged offense, except where such offense is a felony, but the prosecution may continue no matter in what court or before what judge the trial shall be had upon the affidavit upon which it was originally begun.
The said affidavit or any complaint that may be filed in such prosecution may be amended to meet the ends of justice and to prevent a dismissal of the case upon any informality, irregularity or technicality.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4646; Code 1940, T. 29, §121.)
Any district attorney in the county whose duty it is to prosecute criminal cases on behalf of the state shall not be prohibited from commencing prosecution on his own affidavit against any party violating any provision of any law of the State of Alabama for the suppression of the evils of intemperance, and every such district attorney, upon receiving information giving him probable cause to believe that there has been a violation of any statute upon the subject named, shall proceed to lay the matter before the grand jury or to institute a criminal prosecution against said party by affidavit before a court or judge of competent jurisdiction, if he is willing and able to make such affidavit for the institution of a criminal prosecution. If he is not, he must superintend the preparation of the papers and the institution of the prosecution if any citizen is willing to make an affidavit for the institution of a criminal prosecution against any party for such violation; provided, that the district attorney is of opinion from the facts at hand that there is reasonable ground to believe that the offense has been committed.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4642; Code 1940, T. 29, §117.)
Sheriffs are charged with the duty of being on the alert for violations of any of the prohibition statutes and of cooperating with the district attorneys in bringing violators to justice.
(Acts 1909, No. 191, p. 63; Code 1923, §4643; Code 1940, T. 29, §118.)
Any person who is summoned as a witness before the grand jury to answer as to any violation of law for the suppression of intemperance or prohibiting the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses to attend and testify in obedience to such summons without good cause, to be determined by the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor, must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months, at the discretion of the court.
(Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29, §109.)
The witnesses before the grand jury to give evidence may be required to answer generally as to any offense against the laws of Alabama for the promotion of temperance and the suppression of intemperance committed within their knowledge during the 12 months next preceding or as to any violation within said time of any law of the state prohibiting the manufacture, sale or other disposition of any of said prohibited liquors or beverages or the maintaining of any unlawful drinking place or liquor nuisance, and it shall not be necessary to first specially interrogate the witnesses to any particular offenses.
(Acts 1909, No. 191, p. 63; Code 1923, §4634; Code 1940, T. 29, §110.)
A witness must not be prosecuted for any offense as to which he testifies before the grand jury, and the district attorney or any member of the grand jury may be a witness to prove that fact.
(Acts 1909, No. 191, p. 63; Code 1923, §4635; Code 1940, T. 29, §111.)
Grand juries shall have no discretion as to the finding of indictments for violations of the provisions of this chapter or for violations of the provisions of any law of the state for the promotion of temperance and the suppression of intemperance, and it shall be their duty, if the evidence justifies it, to find and present indictments for every such violation.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4637; Code 1940, T. 29, §112.)
No clerk, servant, agent or employee of any person accused of a violation of the laws to promote temperance and to suppress intemperance or prohibiting the sale, manufacture or other disposition of liquors or beverages shall be excused from testifying against his principal for the reason that he may thereby incriminate himself, nor shall any principal be excused for the same reason from testifying against any clerk, servant, agent or employee in such cases, but no testimony given by any of said parties shall in any manner in any prosecution be used as evidence, directly or indirectly, against him, nor shall the party testifying be thereafter prosecuted for any offense so disclosed by him.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4638; Code 1940, T. 29, §113.)
In an indictment, complaint or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise disposed of spirituous, vinous or malt liquors contrary to law, and in an indictment, complaint or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of prohibited liquors and beverages, it is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise disposed of prohibited liquors and beverages. On the trial under a charge in either form, any act of selling in violation of law embraced in the charge may be proved and the charge in each of said forms shall be held to include any device or substitute for any of said liquors.
In any indictment, complaint or affidavit charging that prohibited liquors and beverages have been manufactured, sold, offered for sale, kept for sale or otherwise disposed of, it shall not be necessary to set out the kind or quantity of the prohibited liquors and beverages nor the person to whom such sale or offer to sell or other disposition was made, and in any prosecution for a second or subsequent offense, it shall not be requisite to set forth in the indictment, complaint or affidavit the record of a former conviction, but it shall be sufficient briefly to allege such conviction.
The person purchasing or to whom prohibited liquors and beverages or any of them have been sold or otherwise disposed of shall in all cases be a competent witness to prove the unlawful act.
No person who testifies with respect to any unlawful act under this chapter or other statute for the suppression of the evils of intemperance shall be prosecuted in respect to any act to which he testifies nor shall his evidence so given be used against him in any criminal proceeding.
(Acts 1909, No. 191, p. 63; Code 1923, §4644; Code 1940, T. 29, §119.)
Indictments, complaints or affidavits for any violation of this chapter or any provision thereof or of any other statute of the state for the suppression of the evils of intemperance may set out several charges in separate counts, and the accused may be convicted and punished upon each one as upon separate indictments, complaints or affidavits, and judgment shall be entered on each count under which there is a finding of guilty.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4645; Code 1940, T. 29, §120.)
(a) In all prosecutions against any person for manufacturing, selling, offering for sale, keeping or having in possession for sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited liquors and beverages or for any one of the said acts, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of, possesses the same color, odor and general appearance or the same taste, color and general appearance of a prohibited liquor or beverage such as whiskey, rum, gin, ale, porter, beer and any other prohibited liquor or beverage. The fact that the beverage in question as above stated is of the same color, odor and general appearance or same taste, color and general appearance as beer shall constitute prima facie evidence that the beverage is a beer or a malt liquor or a substitute or device therefor and within the inhibition of the statutes of this state for the suppression of intemperance, and the like rule of evidence shall apply in respect to whiskey and the other beverages named, and, in the event the defendant claims that the beverage in question as above referred to is not within the inhibition of the statutes when it possesses the same color, odor and general appearance or the same taste, color and general appearance as a prohibited liquor or beverage, such as whiskey, beer or the other beverages named hereinabove, the burden of proof shall be upon him to establish to the reasonable satisfaction of the judge, court or jury trying the case that the beverage in question is not within the inhibition of the said statutes and that it is a beverage not prohibited by law to be manufactured, sold, offered for sale or otherwise disposed of.
(b) The same rule of evidence shall be applicable in all cases for the abatement of liquor nuisances and in all prosecutions for violations of statutes of the state for the suppression of the evils of intemperance when it becomes necessary to determine whether the liquor or beverage in question is a prohibited liquor or beverage.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4650; Code 1940, T. 29, §125.)
When any violation of any provision of this chapter is threatened or shall have occurred, the doing of, or continuation or repetition of the unlawful act or any of like kind by the offending party may be prevented by injunction issued by a circuit court upon a petition filed in all respects as in cases of liquor nuisances.
In like manner the injunction may be employed to compel obedience to any rule or regulation prescribed by this chapter.
(Acts 1915, No. 491, p. 553; Code 1923, §4653; Code 1940, T. 29, §128.)
When an officer arrests any person in possession of an unlawful quantity or quantities of prohibited liquors or of such liquors under conditions prohibited by law, then, on the conviction of such party of a violation of a city ordinance or state law, whether in the municipal court or state court possessing jurisdiction, the following fee for making the seizure of the liquors shall be taxed against the defendant and paid to such officer as a part of the cost of the case:
(1) If a seizure is made of not less than one gallon nor more than five gallons of such liquors, the fee shall be $3.00;
(2) If the seizure is of more than five gallons and less than 20 gallons, the fee shall be $5.00; and
(3) If more than 20 gallons is seized, the fee shall be $10.00.
(Acts 1915, No. 491, p. 553; Code 1923, §4654; Code 1940, T. 29, §129.)
Any violation of any provision of this chapter for which no other penalty is provided shall be punishable by a fine of not less than $50.00 nor more than $500.00, to which may be added, in the discretion of the court, imprisonment in the county jail or at hard labor for the county for not less than six months nor more than 12 months.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4655; Code 1940, T. 29, §130.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
This chapter shall be known as and may be cited as the “Alabama Brewpub Act.”
(Acts 1992, No. 92-535, p. 1078, §1.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor.
(b) The following words or phrases, whenever they appear in this chapter, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this subsection:
(1) BREWPUB. Any premises upon which beer is actively and continuously manufactured or brewed, subject to the barrel production limitation prescribed in this chapter, for consumption on the premises where manufactured, or for sale to any designated wholesaler licensee for resale to retail licensees.
(2) PREMISES. Any building, structure or portion thereof designated as a historic building and site as defined in Section 40-8-1, or located in a registered historic district or located in any economically distressed area designated as suitable by the municipal or county governing body, in which is located the operations of a brewpub.
(Acts 1992, No. 92-535, p. 1078, §2; Act 2011-630, p. 1488, §2.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) In addition to the licenses authorized to be issued and renewed by the board pursuant to the Alcoholic Beverage Licensing Code codified as Chapter 3A of this title, the board, upon applicant’s compliance with this chapter, Chapter 3A, and the rules adopted thereunder, and the conditions set forth in subsection (b), may issue to a qualified applicant a brewpub license which shall authorize the licensee to do all of the following:
(1) Manufacture or brew beer, in a quantity not to exceed 10,000 barrels in any one year, and to sell beer brewed on the licensed premises in unpackaged form at retail for on-premises consumption at the licensed premises only.
(2) Sell beer brewed on the licensed premises in packaged form at retail for off-premises consumption, provided the beer sold for off-premises consumption may not exceed 864 ounces per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state and federal laws and regulations.
(3) Sell beer brewed on the premises in original, unopened barrel or keg containers to any licensed wholesaler designated by a brewpub licensee pursuant to Sections 28-8-2 and 28-9-3 for resale to retail licensees.
(4) Donate and deliver up to 31 gallons of the licensee’s beer to a licensed charitable special event operated by or on behalf of a nonprofit organization; provided, however, donations shall be taxed in accordance with state and federal laws and regulations, and any beer remaining at the conclusion of the charitable event shall be returned to the brewpub for disposal.
(5) Purchase beer, including draft or keg beer, in original, unopened containers from licensed wholesalers and to sell such beer at retail for on-premises consumption only, in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public.
(b) A brewpub is subject to all of the following conditions:
(1) The proposed location of the premises shall not, at the time of the original application, be prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the brewpub is located.
(2) Beer brewed by the brewpub licensee shall be packaged or contained in barrels from which the beer is to be dispensed only on the premises where brewed for consumption on the premises or sold in original, unopened barrel or keg containers to any designated wholesaler licensee for resale to retailer licensees.
(3) The brewpub must contain and operate a restaurant or otherwise provide food for consumption on the premises.
(4) The brewpub may not sell any alcoholic beverages if it is not actively and continuously engaged in the manufacture or brewing of alcoholic beverages on the brewpub’s licensed premises.
(c) The annual license fee levied and prescribed for a license as a brewpub issued or renewed by the board is one thousand dollars ($1,000).
(d) A manufacturer that sells, on an annual basis, an amount equal to no more than 60,000 barrels of beer, may have a financial interest in a brewpub, including a brewpub that also has a restaurant retail license, provided the manufacturer may not transfer alcoholic beverages directly from the manufacturer to the brewpub, but may purchase alcoholic beverages from an authorized wholesaler or as otherwise provided by law, and may not have a financial interest in any retailer other than a brewpub.
(e) Section 28-3-4 and subsection (b) of Section 28-3A-6 shall not be applicable with regard to beer brewed by either of the following and sold and dispensed on the brewpub premises:
(1) The brewpub.
(2) A manufacturer described in, and in compliance with, subsection (d).
(Acts 1992, No. 92-535, p. 1078, §3; Act 2011-630, p. 1488, §2; Act 2016-97, p. 133, §1; Act 2017-404, §1; Act 2019-400, §1; Act 2021-454, §2.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) In addition to the licenses provided for by this chapter and any county or municipal license, there is levied on the brewpub for on-premises sales of beer brewed by the brewpub licensee the privilege or excise taxes imposed by Sections 28-3-184 and 28-3-190. Every brewpub licensee shall file the tax returns, pay the taxes, and perform all obligations imposed on wholesalers at the times and places set forth therein. It shall be unlawful for any brewpub licensee who is required to pay the taxes so imposed in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that each of the taxes levied is in fact a tax on the consumer, with the brewpub licensee who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax levied by Section 28-3-184 and as an agent of the county or municipality for the collection and payment of the tax levied by Section 28-3-190. Taxes on beer shall be levied at the time the beer is allocated for the purpose of retail sale and not at the time the beer is dispensed for consumption.
(b) The brewpub shall be required to keep and maintain all of the records otherwise required to be kept and maintained by manufacturer, wholesaler, and retailer licensees.
(c) The brewpub shall appoint a licensed wholesaler designee in order to preserve Section 28-9-1. In addition, for on-premises sales of beer brewed by the brewpub licensee, the brewpub shall be exempt from Sections 28-9-3 through 28-9-11.
(Acts 1992, No. 92-535, p. 1078, §4; Act 2011-630, p. 1488, §2; Act 2019-400, §2.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
A violation of any provision of this chapter shall constitute an unlawful act. A finding by the board that the brewpub licensee is guilty of violating any provision of this chapter shall effect an automatic revocation of the license.
(Acts 1992, No. 92-535, p. 1078, §5.)
AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
The Legislature finds that it is in the best interest of the public welfare of the State of Alabama to preserve and redevelop the downtown municipal areas and registered historic districts and certain economically distressed areas of this state and to further promote the preservation and redevelopment of historic buildings and sites. The Legislature finds that an effective way of facilitating the urban redevelopment program and the preservation of historic buildings and sites, and registered historic districts and any economically distressed area designated as suitable by the municipal or county governing body is by creating a single exception to the existing alcoholic beverage laws to authorize and permit the establishment of brewpubs located in such historic buildings, sites, or districts in urban redevelopment areas or economically distressed areas of those municipalities located within counties where the brewing of beer for consumption by the public had historically been located. The policy and intent of the Legislature in the enactment of this chapter is to promote the public welfare by further regulating and controlling alcoholic beverage transactions in Alabama under the control and supervision of the Alabama Alcoholic Beverage Control Board to accomplish this legislative purpose set forth herein.
(Acts 1992, No. 92-535, p. 1078, §6; Act 2011-630, p. 1488, §2.)
(a) A license issued under this chapter authorizes the licensee to afford patrons the opportunity to participate in a guided tour of the distillery, brewpub, or winery manufacturer operations as applicable, if the tour includes an educational component in which an in-person guide informs patrons about the historic and scientific characteristics of the alcoholic beverage manufactured on the licensed premises.
(b) A licensee may offer a tasting or sampling of the alcoholic beverage manufactured on the licensed premises upon conclusion of the tour in accordance with all of the following requirements:
(1) A tasting session shall be in a designated, enclosed area that is separate from all other designated areas on the licensed premises.
(2) A patron may tour the manufacturing operation of more than one type of alcoholic beverage manufactured by the licensee, but may participate in no more than one tasting session per day.
(3) The price of the tasting or sampling must be included in the price charged to patrons over 21 years of age for the guided tour.
(4) No retail sale of an alcoholic beverage, whether for on-premises or off-premises consumption, shall be authorized pursuant to a tour.
(5) Each session shall be limited to not more than two tastings or samplings, each of which:
a. In the case of liquor, shall not exceed one-half ounce, with or without a nonalcoholic mixer;
b. In the case of beer, shall not exceed four ounces; and
c. In the case of table wine, shall not exceed one and one-half ounce.
(Act 2026-412, §2.)
(a) For purposes of this section, a “public event” is any event sponsored by a private or nonprofit organization lasting no longer than three consecutive days, to which the public is invited, whether free or upon payment for admission, including, but not limited to, a farmers market, music festival, art festival, or other exhibition to which vendors may be invited to display and sell their products.
(b)(1) Upon application to the board upon a form prescribed by the board, at least 20 days in advance of the event and accompanied by a nonrefundable fee not to exceed one hundred fifty dollars ($150), the board may issue a tasting room extension license to an applicant that is licensed under this chapter.
(2) A tasting room extension license issued to a licensee under this chapter authorizes the recipient to do all of the following with respect to an alcoholic beverage manufactured on the recipient’s premises at a public event:
a. Dispense samples of the alcoholic beverage to event attendees from an original container, of no more than one-half ounce in the case of liquor, four ounces in the case of beer, and one and one-half ounces in the case of table wine.
b. Sell the alcoholic beverage at retail, packaged for consumption off the event site in accordance with state and federal laws and regulations, including, but not limited to, federal regulations related to standard of fill:
For liquor, in bottles not to exceed a total of 4.5 liters per customer per day;
For beer, in bottles or cans not to exceed a total of 864 ounces per customer per day; or
For table wine, a total not to exceed twelve 750-milliliter bottles per customer per day.
(c) A tasting room extension licensee may not sell any alcoholic beverage to retailers or sell alcoholic beverages that the licensee does not manufacture.
(d) A tasting room extension licensee who is licensed pursuant to this article may only dispense samples or sell for consumption pursuant to subsection (b), one type of alcoholic beverage that it manufactures.
(e) The board may issue a tasting room extension license upon submission by the applicant of the following:
(1) Proof of compliance with any municipal or county license or permit requirement.
(2) Proof of registration, including payment of a booth fee as acknowledged by the event sponsor, to include defining the area under each applicant’s exclusive control.
(3) Proof of liquor liability insurance, including a written statement from the applicant’s liquor liability insurer that the applicant’s existing policy covers the activities of the applicant at the public event.
(f) Any licensee under this chapter shall be limited to no more than 12 tasting room extension licenses per calendar year.
(g)(1) A tasting room extension licensee shall collect and remit all state and local sales and use taxes and all excise and other taxes due, pursuant to Article 2, 3, or 4 as applicable, on the sale of the alcoholic beverage by the participant licensee to customers at retail.
(2) Notwithstanding subdivision (1), a tasting room extension licensee that also sells an alcoholic beverage at retail, in a method and manner established by the Department of Revenue, may include the collection and remittance of all state and local taxes due on the sale of the alcoholic beverage sold at the public event in the same method and manner as other sales of the same alcoholic beverage at retail.
(3) Nothing in this section shall be construed to alter in any way the distribution of revenue from a tax levied pursuant to a local law.
(h) The board may adopt rules and prescribe forms to implement and enforce this section.
(Act 2026-412, §2.)
(a) For purposes of this section, a “licensed manufacturer” includes a manufacturer who is licensed pursuant to this chapter or Section 28-3A-6.
(b) Upon approval of the board, a licensed manufacturer may be allowed one off-premises manufacturer extension location for the exclusive storage of finished and unfinished goods pursuant to the requirements of subsection (c).
(c) An application for approval of an off-premises manufacturer extension location shall include:
(1) Documentation of approval of the manufacturer extension by the Alcohol and Tobacco Tax and Trade Bureau;
(2) A lease, deed, or other document showing control of the property by the licensed manufacturer; and
(3) A current license issued by the board.
(d) The application for an off-premises manufacturing extension must be approved by the board before it is put into use by the manufacturer licensee.
(e) An off-premises manufacturing extension is subject to all of the following conditions:
(1) The extension may not be located outside of the state.
(2) The extension may not be used for exporting products nor for any form distributing products within the state.
(3) The extension may not be located more than 10 miles from the licensed manufacturer’s premises.
(4) No sales, sampling, or tastings of any alcoholic beverage shall be allowed at the extension.
(5) The extension premises shall be secured at all times.
(f) Authorized representatives of the board or law enforcement officers of the state or the county or municipality in which the manufacturer extension premises is located may enter and search, without a warrant, the extension premises. The extension premises encompasses any building owned or occupied by the licensee that adjoins, is adjacent to, or is otherwise part of the curtilage of the premises, including a building used as a private dwelling.
(g) The licensed manufacturer shall maintain all records related to the disposition of the finished or unfinished goods stored in the off-premises extension, as applicable.
(h) The finished and unfinished goods may be transported in bond from the licensed manufacturer’s original premises to the extension location for storage. Transportation shall be made by the licensee or an employee of the same in a vehicle bearing signage on each side identifying the licensee. Included in the transportation vehicle shall be a current copy of the board’s approval of the extension and the bill of lading or other documentation of ownership of the product being transported.
(Act 2026-412, §2.)
(a) In addition to the licenses authorized to be issued and renewed by the board pursuant to Chapter 3A, the board, upon the applicant’s compliance with this article, Chapter 3A, and the rules adopted thereunder, and the conditions set forth in subsection (b), may issue to a qualified applicant a brewpub license that shall authorize the licensee to do all of the following:
(1) Manufacture or brew beer, in a quantity not to exceed 10,000 barrels in any one year, and sell beer brewed on the licensed premises in unpackaged form at retail for on-premises consumption at the licensed premises only.
(2) Sell beer brewed on the licensed premises in packaged form at retail for off-premises consumption, provided the beer sold for off-premises consumption may not exceed 864 ounces per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state, local, and federal laws, rules, and regulations.
(3) Sell beer brewed on the premises in original, unopened barrel or keg containers or in other original, unopened containers to any licensed beer wholesaler designated by a brewpub licensee pursuant to Sections 28-8-2 and 28-9-3 for resale to retail licensees.
(4) Donate and deliver up to 31 gallons of the licensee’s beer to a licensed charitable special event operated by or on behalf of a nonprofit organization. Donations shall be taxed in accordance with state, local, and federal laws, rules, and regulations, and any beer remaining at the conclusion of the charitable event shall be returned to the brewpub for disposal.
(5) Purchase beer, including draft or keg beer, in original, unopened containers from licensed wholesalers and sell the beer at retail, for on-premises consumption only, in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public.
(b) A brewpub is subject to all of the following conditions:
(1) The proposed location of the premises, at the time of the original application, shall not be prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the brewpub is located.
(2) Beer brewed by the brewpub licensee shall be packaged or contained in barrels from which the beer is to be dispensed only on the premises where brewed for consumption on the premises, or sold in original, unopened barrel or keg containers or in packaged form to any designated wholesaler licensee for resale to retailer licensees.
(3) A brewpub must contain and operate a restaurant or otherwise provide food for consumption on the premises.
(4) A brewpub may not sell any alcoholic beverages if the brewpub is not actively and continuously engaged in the manufacture or brewing of beer on the brewpub’s licensed premises.
(c) The annual license fee levied and prescribed for a license as a brewpub issued or renewed by the board is one thousand dollars ($1,000).
(d) A manufacturer that sells, on an annual basis, an amount equal to no more than 60,000 barrels of beer, may have a financial interest in a brewpub, including a brewpub that also has a restaurant retail license, provided the manufacturer may not transfer alcoholic beverages directly from the manufacturer to the brewpub, but may purchase alcoholic beverages from an authorized wholesaler or as otherwise provided by law, and may not have a financial interest in any retailer other than a brewpub.
(e) Sections 28-3-4 and 28-3A-6(b) shall not be applicable with regard to beer brewed by either of the following and sold and dispensed on the brewpub premises:
(1) The brewpub.
(2) A manufacturer described in, and in compliance with, subsection (d).
(f) Nothing in this section shall be construed to alter in any way the distribution of revenue from a tax levied pursuant to a local law.
(Act 2026-412, §3.)
(a) In addition to the licenses provided for by this chapter and any county or municipal license, there is levied on the brewpub licensee for on-premises sales of beer brewed by the brewpub licensee the privilege or excise taxes imposed by Sections 28-3-184 and 28-3-190. Every brewpub licensee shall file the tax returns, pay the taxes, and perform all obligations imposed on wholesalers at the times and places set forth therein. It shall be unlawful for any brewpub licensee who is required to pay the taxes so imposed in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that each of the taxes levied is in fact a tax on the consumer, with the brewpub licensee who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax levied by Section 28-3-184 and as an agent of the county or municipality for the collection and payment of the tax levied by Section 28-3-190. Taxes on beer shall be levied at the time the beer is allocated for the purpose of retail sale and not at the time the beer is dispensed for consumption.
(b) The brewpub shall keep and maintain all of the records otherwise required to be kept and maintained by manufacturer, wholesaler, and retailer licensees.
(c) The brewpub shall appoint a licensed wholesaler designee in order to preserve Section 28-9-1. In addition, for on-premises sales of beer brewed by the brewpub licensee, the brewpub shall be exempt from Sections 28-9-3 through 28-9-11.
(Act 2026-412, §3.)
(a) In addition to the licenses authorized to be issued and renewed by the board pursuant to Chapter 3A, the board, upon the applicant’s compliance with this article, Chapter 3A, and the rules adopted thereunder, and the conditions set forth in subsection (b), may issue to a qualified applicant a small craft distillery license which shall authorize the licensee to do all of the following:
(1) Distill liquor, in a quantity not to exceed 50,000 gallons in any one year, and sell liquor distilled on the licensed premises in unpackaged form at retail for on-premises consumption at the licensed premises only.
(2) Sell liquor distilled on the licensed premises in original, unopened containers at retail for off-premises consumption, provided the liquor sold for off-premises consumption may not exceed 4.5 liters per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state, local, and federal laws, rules, and regulations.
(3) Sell liquor distilled on the premises in original, unopened containers to the board or as authorized by the board.
(4) Donate and deliver up to 4.5 liters of the licensee’s liquor to a licensed charitable special event operated by or on behalf of a nonprofit organization. Donations shall be taxed in accordance with state, local, and federal laws, rules, and regulations. Any liquor remaining at the conclusion of the charitable event shall be returned to the small craft distillery for disposal.
(5) Purchase liquor in original, unopened containers from the board or as authorized by the board and sell the liquor at retail, for on-premises consumption only, in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public and limited to individuals 21 years of age and older.
(b) A small craft distillery is subject to all of the following conditions:
(1) The proposed location of the premises, at the time of the original application, shall not be prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the small craft distillery is located.
(2) Liquor distilled by the licensee shall be packaged and sold in any original or unopened containers as approved by the board and in accordance with the standards of fill requirements prescribed by the U.S. Department of the Treasury or contained in barrels or kegs from which the liquor is to be dispensed only on the premises where distilled for consumption on the premises.
(3) A small craft distillery may not sell any liquor if the small craft distillery is not actively and continuously engaged in the distilling of liquor on the licensed premises.
(c) The annual license fee levied and prescribed for a license as a small craft distillery issued or renewed by the board is one thousand dollars ($1,000).
(d) Sections 28-3-4 and 28-3A-6(b) shall not be applicable with regard to liquor distilled by the small craft distillery and sold and dispensed on the licensed premises.
(e) Nothing in this section shall be construed to alter in any way the distribution of revenue from a tax levied pursuant to a local law.
(Act 2026-412, §3.)
(a)(1) In addition to the licenses provided for by this chapter and any county or municipal license, there is levied and assessed upon all liquor distilled on the premises of a licensee which is dispensed or sold at retail for on-premises or off-premises consumption the mark up in accordance with Section 28-3-53.2(c) and added to the list or FOB price; and the privilege or excise tax imposed on liquor by Sections 28-3-200 through 28-3-205. Taxes and mark up described in this subsection shall be remitted by the licensee to the board. The taxes collected shall be distributed in the same manner as the taxes collected in a state liquor store.
(2) The tax levied in this subsection shall be collected by a return which shall be filed by the licensee with the board postmarked not later than the last day of the month following the month of production or sale of liquor, which shall be accompanied by the remittance of the tax due. The report shall include, but not be limited to, a consolidated report of all liquor distilled, sold, or otherwise consumed on the licensed premises. The report shall be in the form and containing information as the board may prescribe.
(3) If a licensee fails to file any return required to be filed with the board on or before the date prescribed in subdivision (2), including any written extension of time granted by the board in advance, there shall be assessed as a penalty the greater of 10 percent of any additional tax required to be paid with the return or fifty dollars ($50).
(4) If a licensee fails to pay to the board the amount of the tax due on a return required to be filed on or before the date prescribed for payment of the tax, including any written extension of time granted by the board in advance, there shall be added as a penalty 10 percent of the unpaid amount due on the return.
(5) Interest shall be added to any tax due to the board which is not paid by the due date, from the due date of the tax, computed based on the underpayment rate established by the Secretary of the Treasury under the authority of 26 U.S.C. § 6621.
(b) A small craft distillery shall be required to keep and maintain all of the records otherwise required to be kept and maintained by manufacturer, wholesaler, and retailer licensees.
(Act 2026-412, §3.)
(a) In addition to the licenses authorized to be issued and renewed by the board pursuant to Chapter 3A, the board, upon the applicant’s compliance with this article, Chapter 3A, and the rules adopted thereunder, and the conditions set forth in subsection (b), may issue to a qualified applicant a small craft winery license which shall authorize the licensee to do all of the following:
(1) Manufacture or produce table wine, in a quantity not to exceed 50,000 gallons in any one year, and sell wine manufactured on the licensed premises at retail for on-premises consumption at the licensed premises only.
(2) Sell table wine manufactured on the licensed premises in original, unopened containers at retail for off-premises consumption, provided the wine sold for off-premises consumption may not exceed twelve 750-milliliter bottles per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state, local, and federal laws, rules, and regulations.
(3) Sell table wine manufactured on the premises in original, unopened containers to any licensed wine wholesaler designated by a small craft winery licensee pursuant to Section 28-8A-4 for resale to retail licensees.
(4) Donate and deliver up to two cases of the licensee’s table wine to a licensed charitable special event operated by or on behalf of a nonprofit organization. Donations shall be taxed in accordance with state, local, and federal laws, rules, and regulations. Any wine remaining at the conclusion of the charitable event shall be returned to the small craft winery for disposal.
(5) Purchase table wine in original, unopened containers from licensed wine wholesalers and sell the wine at retail for on-premises consumption only, in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public.
(b) A small craft winery is subject to all of the following conditions:
(1) The proposed location of the premises, at the time of the original application, shall not be prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the small craft distillery is located.
(2) Wine manufactured by the licensee shall be packaged and sold in any original containers as approved by the board and in accordance with the standards of fill requirements prescribed by the U.S. Department of the Treasury or contained in bottles to be dispensed only on the premises where fermented for consumption on the premises.
(3) A small craft winery may not sell any table wine if the small craft winery is not actively and continuously engaged in the production of table wine on the licensed premises.
(c) The annual license fee levied and prescribed for a license as a small craft winery issued or renewed by the board is one thousand dollars ($1,000).
(d) Sections 28-3-4 and 28-3A-6(b) shall not be applicable with regard to wine manufactured by the small craft winery and sold and dispensed on the licensed premises.
(e) Nothing in this section shall be construed to alter in any way the distribution of revenue from a tax levied pursuant to a local law.
(Act 2026-412, §3.)
(a) In addition to the licenses provided for by this chapter and any county or municipal license, there is levied on a small craft winery for on-premises and off-premises sales of table wine manufactured by the licensee privilege and excise tax pursuant to Section 28-7-16 due on the sale of table wine to consumers. Every small craft winery licensee shall file the tax returns, pay the taxes, and perform all obligations imposed on wholesalers at the times and places as set forth in Section 28-7-16. It shall be unlawful for any small craft winery licensee who is required to pay the taxes so imposed in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that each of the taxes levied is in fact a tax on the consumer, with the small craft winery licensee who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax.
(b) A small craft winery shall be required to keep and maintain all of the records otherwise required to be kept and maintained by manufacturer, wholesaler, and retailer licensees.
(c) A small craft winery shall appoint a licensed wholesaler designee pursuant to Section 28-8A-4 for any table wine designated for resale to retail licensees.
(Act 2026-412, §3.)
(a) Notwithstanding any provisions to the contrary, a person who has not been convicted of a felony in Alabama or any other state or federal jurisdiction, and who is not prohibited by Section 28-1-5, from purchasing, consuming, possessing, or transporting alcoholic beverages due to age may produce at his or her legal residence beer, mead, cider, and table wine, as those terms are defined in Section 28-3-1, for personal use, in the amounts specified in this chapter, without payment of taxes or fees and without obtaining a license. The aggregate amount of the beer, mead, cider, and table wine permitted to be produced under this chapter, with respect to any legal residence, shall not exceed 15 gallons for each quarter of a calendar year. Further, there shall not be in any legal residence at any one time more than an aggregate amount of 15 gallons of beer, mead, cider, and table wine which has been produced under the authority of this chapter.
(b) Beer, mead, cider, or table wine produced under this chapter may not be sold or offered for sale.
(c) Beer, mead, cider, or table wine produced under this chapter may not be removed from the legal residence where it was produced, except in quantities no larger than 10 gallons, aggregate, for any one event, and to be transported for personal use at organized events of homebrew competitions and judgings licensed by the Alcoholic Beverage Control Board as a special events retail license under Section 28-3A-20, provided that the license will not allow the purchase or sale of any alcoholic beverages when that license is used for this purpose. Organized events involving beer, mead, cider, or table wine produced for personal use may not be held on the premises of entities otherwise licensed under this title.
(d) Nothing in this chapter permits the production of distilled liquors, for personal use or otherwise, or the use of distilled liquors or products in the production of beer, mead, cider, or table wine provided in this section.
(e) It shall be unlawful for any person less than 21 years of age to attempt to purchase, consume, possess, or transport beer, mead, cider, or table wine produced for personal use.
(f) It shall be unlawful for any person less than 21 years of age to attempt to purchase, possess, or transport any apparatus or equipment used to produce beer, mead, cider, or table wine. It shall be unlawful for any person, partnership, corporation, or other legal entity to sell, furnish, give away, or provide to any person less than 21 years of age any apparatus or equipment used to produce beer, mead, cider, or table wine.
(g) Nothing in this section permits the production of beer, mead, cider, or table wine in a dry municipality, as defined in Chapter 3. Further, with the exception of wet municipalities, as defined in Chapter 3, nothing in this section permits the production of beer, mead, cider, or table wine in a dry county as defined in Chapter 3.
(h) The definitions contained in Section 28-3-1 shall apply to this chapter.
(i) Any violation of this section shall be a Class B misdemeanor.
(Act 2013-204, p. 431, §1.)
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) INDUSTRIAL ALCOHOL. Ethyl alcohol and alcohol denatured as provided in this chapter, but specifically excluding ethyl alcohol and denatured alcohol used in the manufacture of alternative fuel sources for motor vehicles.
(2) INDUSTRIAL ALCOHOL PLANT. The alcohol distillery, denaturing plant, and all the premises used in connection therewith, but specifically excluding any plant and premises used in the manufacture of alternative fuel sources for motor vehicles.
(3) PERMITTEE. The person, firm, or corporation to whom the permit provided for in this chapter is issued.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §79; Act 2009-651, p. 2005, §1.)
Upon the filing with the Governor of Alabama by any person, firm or corporation of an application to operate on any state-owned land that constitutes, in whole or in part, any plan of development by the state or its agency for the improvement or expansion of any of the harbors or seaports of the state an alcohol distillery and alcohol denaturing plant for the production of industrial alcohol solely for nonbeverage use, the Governor may, in his discretion, grant a permit, as provided in this chapter, to such applicant to operate an alcohol distillery and alcohol denaturing plant, in connection with a sugar refinery, where the distillation of alcohol may be economically undertaken to conserve the by-product materials used in or incident to the operation of such sugar refinery; provided, that the applicant has or does secure, by lease, the right to occupy the premises described in the application.
No permit shall be granted to operate an alcohol denaturing plant away from the premises of the sugar refinery and the alcohol distillery where the alcohol is produced.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §79.)
The application filed with the Governor for such permit shall be verified by affidavit and shall set forth the name and address of all parties having an interest in the proposed industrial alcohol plant or, if a corporation, shall set forth the name and address of its principal officers and directors and the names and addresses of the individuals owning 51 percent of the stock and the names and addresses of the individuals to be in charge of the plant.
Accompanying said application shall be an accurate plan and description of the premises and distilling apparatus, distinctly showing the location of every still, boiler, worm tub and receiving cistern, the course and construction of all pipes used or to be used in the distillery and every branch and every cock or joint thereof and of every valve therein, together with every place, vessel, tub or utensil from and to which any such pipe leads or with which it communicates and also the number and location and cubic content of every still, mash tub and fermenting tub, the cubic contents of every receiving cistern and the color of each fixed pipe.
There shall also be furnished a detailed description of the process employed at the plant, which will show the flow of material from the time received on the premises, through the various apparatus, into the locked receiving tanks and also a plat showing the line of the premises and location of buildings thereon; provided, that whenever the documents filed with the officers of the United States under the internal revenue laws and regulations pursuant thereto shall contain the foregoing information, the filing of a certified copy of such document or documents with the Governor shall be deemed a sufficient compliance with this section.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §80.)
As a condition precedent to the granting of such permit, such person, firm or corporation shall file with the Governor a bond payable to the State of Alabama, in the penal sum of $25,000.00, with surety to be approved by him, conditioned that such person, firm or corporation will not sell, barter, give away, deliver or remove any alcohol or liquid or compound containing alcohol or permit to be sold, bartered, given away, delivered or removed from such industrial alcohol plant any alcohol or liquid or compound containing alcohol in violation of the laws and regulations of the state and of the United States and will faithfully observe, keep, perform and be bound by any and all provisions, restraints and conditions of the laws of the state and of the United States concerning, affecting or regulating the manufacture, sale, transportation or delivery of alcohol and intoxicating liquors. This bond shall be renewed annually during the life of the permit provided for in this chapter.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §81.)
A permittee, as provided in this chapter, may manufacture and sell industrial alcohol solely for nonbeverage purposes to persons authorized by law to purchase the same, whether within or without the state, upon compliance with the laws of Alabama and of the United States and regulations issued thereunder relating to alcohol and intoxicating liquors.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §82.)
Industrial alcohol manufactured and sold by a permittee, as provided by this chapter, may be transported and delivered to any person authorized by law to purchase the same for nonbeverage purposes upon compliance with the provisions of Chapter 4 of this title. Whenever the consignee is without the state, the affidavit required by Section 28-4-117 shall not be required.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §83.)
It shall be unlawful for any permittee or for any officer, agent, employee or servant of such permittee or for any person to sell, deliver, transport or remove from the premises of an industrial alcohol plant any alcohol or liquid compound containing alcohol, except in compliance with a permit authorizing such sale, delivery, transportation or removal issued as required by the laws of the United States and the regulations issued thereunder and except as permitted by this chapter; provided, that no permit under this chapter shall be required for sale, delivery, transportation or removal from such industrial alcohol plant of denatured alcohol in accordance with formulas that may be provided by regulations of the United States government so as to render such alcohol unfit for beverage use. The container in which such denatured alcohol is transported shall be labeled “Denatured Alcohol.”
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §87.)
It shall be unlawful for any person to remove from an industrial alcohol plant any denatured alcohol for the recovery of the alcohol therefrom for beverage purposes or to redistill or by any other process to recover alcohol from denatured alcohol for beverage purposes.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §88.)
It shall be the duty of the Governor to supervise the enforcement of this chapter. The Governor shall prescribe the form and fix the condition of all permits issued under this chapter and shall have authority to make regulations, require the keeping of the records and the filing of reports to give effect to the provisions of this chapter and shall have the right, after notice and hearing, to suspend or revoke such permit for the violation of any law or regulation by the permittee or by his or its officers, agents, employees or servants in connection with the privilege granted by such permit. Upon the breach of any of the conditions of the bond required by this chapter, the Governor shall collect the penalty of the bond. No permit issued under this chapter shall grant any privilege inconsistent with the laws of the United States.
Any industrial alcohol plant operating without a valid permit issued by the Governor, as required by this chapter, may be abated as a nuisance in a civil action brought in a court of competent jurisdiction.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §84.)
The Governor or any officer designated by him shall have the right, at any hour, to enter and inspect the premises of any industrial alcohol plant to examine the books and records of such permittee, to see that the laws relating to alcohol and intoxicating liquors are being observed and to take from the products found on the premises such samples as may be required for the purpose of chemical analysis.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §85.)
Every permittee, upon obtaining a permit under this chapter and annually thereafter, shall pay to the Treasurer a fee of $1,000.00 to cover the cost of inspection and supervision of the operation of such industrial alcohol plant, which amount shall be accounted for as a separate fund, and the proceeds after the payment of all expenses of administration shall be paid into the General Fund of the state.
Upon any change in the officers, directors or controlling interest of any permittee under this chapter, it shall be the duty of such permittee to promptly notify the Governor of such change.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §86.)
It shall be unlawful for any permittee or for any officer, agent, employee or servant of such permittee to violate the terms of any permit or regulations issued under this chapter, or to make any false statement in any application, record or report required by the chapter, or to forge any permit required by this chapter, or to hinder or obstruct any officer charged with the duty of enforcing the provisions of this chapter, or to use any of the machinery, vats, pipes or other paraphernalia connected with such industrial alcohol plant, except as authorized by this chapter or the permit issued thereunder, or to remove or permit the removal of any mash, alcohol or liquid or compound containing alcohol from the premises of any alcohol manufacturing plant, except as provided in this chapter and in accordance with the regulations authorized in this chapter.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §90.)
In any prosecution under this chapter where the defendant relies for justification upon a permit issued under the laws of the United States, the burden shall be upon him to prove the same.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §89.)
Any officer, director, agent, servant or employee of any corporation or any other person who shall violate any of the provisions of this chapter shall be deemed guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary for not less than one nor more than three years.
(Acts 1927, No. 474, p. 516; Code 1940, T. 29, §91.)
[Repealed]
Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
(Acts 1979, No. 79-182, p. 291, §1; Act 98-505, §1.)
[Repealed]
Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
(Acts 1979, No. 79-182, p. 291, §2.)
[Repealed]
Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
(Acts 1979, No. 79-182, p. 291, §3.)
[Repealed]
Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
(Acts 1979, No. 79-182, p. 291, §4.)
[Repealed]
Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
(Acts 1979, No. 79-182, p. 291, §5.)
[Repealed]
Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
(Acts 1979, No. 79-182, p. 291, §7.)
The Legislature hereby finds and declares that this chapter has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution and the powers reserved to the state under the Tenth Amendment to the United States Constitution and the inherent powers of the state under the Constitution of Alabama of 2022. It is the intent of the Legislature that this chapter maintains the current three-tier system of control over the sale, distribution, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state and promotes the health, safety, and welfare of residents of this state.
(Act 2021-440, §1.)
(a)(1) For the purposes of this section, the term “table wine” includes mead.
(2) For the purposes of this section, a “small farm winery” means a manufacturer of table wine licensed by the Alcoholic Beverage Control Board, which produces fewer than 50,000 gallons of table wine per year, and meets one of the following criteria:
a. Produces at least 50 percent of its total production of table wine from fruit that is grown, or honey that is harvested, in this state.
b. Produces all of its total production of table wine within this state and owns not less than eight acres of vineyards in this state.
(3) For the purposes of this section, table wine that has been produced by a manufacturer, or a subsidiary or affiliate or other related entity of the manufacturer, and table wine produced exclusively for the winery by another manufacturer shall be considered to be produced by the winery and shall be included in the 50,000 gallon limit provided in subdivision (2).
(b) A catastrophic loss to produce grown in this state, including, but not limited to, one caused by drought or frost, does not disqualify a small farm winery if the winery qualified as a small farm winery prior to the catastrophic loss.
(c) Notwithstanding any provision of this title to the contrary, a small farm winery may do all of the following:
(1) Sell its table wines produced on its licensed premises directly from its licensed premises at retail to consumers physically present at the licensed premises, either for on-premises or off-premises consumption, for personal use and not for resale; provided, the winery collects and remits all state and local sales or use taxes and excise taxes due on the sale of table wine to consumers, packages and labels the wine in accordance with state and federal law, and reports its annual production of table wine to the board.
(2)a. Either of the following, provided that transportation of wine under this subdivision is made by the winery’s employees in a vehicle owned or leased by the winery:
Sell and transport up to 10,000 gallons of its table wine produced on its licensed premises directly to licensed retailers each year.
Sell and transport up to 20,000 gallons of its table wine produced on its licensed premises directly to licensed retailers each year, if the winery provides to the board proof that the winery’s table wine has been declined to be distributed by two separate wholesalers of table wine. If the winery’s table wine has been accepted for distribution by any wholesaler of table wine, then the winery may not sell its table wine directly to retailers under this paragraph.
b. For purposes of this subdivision, “retailers” include those that are licensed by the board for on-premises consumption, for off-premises consumption, or for both.
c. If a winery sells and transports 20,000 total gallons of table wine directly to retailers as provided in this subdivision in any one year, that winery may not subsequently sell and transport table wine directly to retailers under this subdivision.
d. Notwithstanding any other provision of this section to the contrary, a small farm winery may only sell and transport table wine that has been approved by the board for sale within the state and for which the small farm winery owns the Certificate of Label Approval issued by the Alcohol and Tobacco Tax and Trade Bureau.
(3) Provided that transportation of wine under this subdivision is made by the winery’s employees in a vehicle owned or leased by the winery, sell and transport its table wine to an educational tourism distillery licensed under this title solely for on-premises consumption at the educational tourism distillery pursuant to law and board rules.
(d) A county or a municipality may not require a small farm winery to pay any fees, including business licensure fees, to make sales or deliveries under this section, or any additional local tax other than the tax described in subdivision (c)(1).
(e)(1) A small farm winery shall maintain records verifying that the winery meets the qualifications under this section, and shall provide those records to the board upon request.
(2) A small farm winery shall report to the board each month the amount of table wine sold directly to each licensed retailer under this section.
(f) The board shall adopt rules to implement this section.
(Act 2021-440, §2; Act 2023-525, §1; Act 2025-413, §3.)
If any provision of this chapter or its application to any person or circumstance is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit, rather than expand, commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.
(Act 2021-440, §3.)
This chapter shall be known as and may be cited as the “Alabama Table Wine Act.”
(Acts 1980, No. 80-382, p. 505, §1.)
[Repealed]
Repealed by Act 2010-607, p. 1478, §2, effective July 1, 2010.
(Acts 1980, No. 80-382, p. 505, §2; Act 98–505, p. 1171, §1.)
Table wine may be sold in any county in Alabama which is now wet or may hereafter be designated a wet county pursuant to law, as follows:
(1) A licensed wine manufacturer may sell table wine to any wine wholesaler or importer licensed to sell wine or to the board;
(2) A licensed wine importer may sell table wine to any wine wholesaler licensed to sell wine or to the board or state;
(3) A licensed wine wholesaler may sell, at wholesale only, table wine that has been purchased from a licensed manufacturer or importer to a licensed wine retailer or to a licensee of the board or other person lawfully authorized to sell wine in this state, or for export;
(4) A licensed wine retailer may sell table wine at retail for off-premises consumption only; provided, however, a licensee of the board authorized to sell at retail alcoholic beverages for on-premises consumption may sell table wine at retail for consumption on-premises and off-premises.
(Acts 1980, No. 80-382, p. 505, §4.)
The board shall have full and final authority, with the approval of the county or municipal governing body, to issue and renew licenses of wine retailers, wholesalers, importers and manufacturers to sell and handle table wine in this state. Licenses issued under this chapter to wine retailers, wholesalers, importers or manufacturers shall, unless revoked in the manner provided in this chapter, be valid for the license year which shall begin on the 1st day of October of each year.
(Acts 1980, No. 80-382, p. 505, §5.)
Every applicant for a wine retailer’s or wholesaler’s license shall file a written application with the board in such form as the board may prescribe, which shall be accompanied by the appropriate license fee as prescribed in this chapter and, in the case of an original application, by a filing fee of $50.00, together with the amount or amounts of the prescribed license fee or fees, if any, levied by the county or counties in which the licensee operates, and, in the case of a wholesaler, accompanied by the bond required by Section 28-7-9.
(Acts 1980, No. 80-382, p. 505, §6.)
Upon receipt of the application, the proper fees, the bond, if required, and upon being satisfied of the truth of the statements in the application and the applicant is a person of good repute the board shall grant and issue to the applicant a wine retailer’s or wine wholesaler’s license entitling the applicant to sell or distribute table wine in this state as set forth in Section 28-7-4.
(Acts 1980, No. 80-382, p. 505, §7.)
Upon applicant’s compliance with Section 28-7-6, the board shall issue a wine retailer’s license for any retail outlet kept or operated by a wine retailer for the retail sale of table wines for off-premises consumption.
(Acts 1980, No. 80-382, p. 505, §8.)
Upon applicant’s compliance with Section 28-7-6, the board shall issue to applicant a wine wholesaler’s license which will authorize the licensee to import and receive shipments of table wine from outside the state from licensed wine manufacturers, to purchase table wine from licensed wine manufacturers or importers within the state, and to sell table wine to licensed wine retailers and all licensees or others within this state lawfully authorized to sell wine in this state, and to export table wine from the state. In addition, the applicant shall file with his original application a bond in the penal sum of not less than $1,000.00 nor more than $10,000.00 conditioned upon the payment of the taxes to be collected by the wine wholesaler and remitted to the board.
(Acts 1980, No. 80-382, p. 505, §9.)
(a) Upon an applicant’s compliance with this section and the rules adopted pursuant to this section, the board may issue a wine manufacturer license to the applicant which shall authorize the licensee to manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county only for the sale for distribution outside of the county. No person shall manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county for sale or distribution unless the person or the authorized representative of the person has been granted a wine manufacturer license issued by the board pursuant to this section.
(b) A wine manufacturer licensed under this section is prohibited from doing any of the following:
(1) Selling any wine or dispensing any tastings for consumption on its licensed premises.
(2) Selling or delivering any wine in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U.S. Treasury Department.
(3) Maintaining or operating within the state any place or places, other than the place or places covered by the wine manufacturer license.
(c) Any wine manufactured in the dry county by the manufacturer licensed pursuant to this section may be sold only for shipment and delivery to a licensed wine wholesaler in this state or to a legal distributor outside of this state, except that the manufacturer may use its employees to sell and transport wine directly to retail licensees of the board in a vehicle owned or leased by the manufacturer subject to the following limits:
(1) No more than 10,000 gallons produced on its licensed premises each year.
(2) No more than 20,000 gallons produced on its licensed premises each year if the manufacturer provides to the board proof that its wine has been declined to be distributed by two licensed wine wholesalers. If the manufacturer’s wine has been accepted for distribution by any licensed wine wholesaler, it may not sell and transport its wine directly to retailers under this subdivision.
(d) A wine manufacturer licensee licensed pursuant to this section shall be required to file with the board, prior to making any sales, a list of its labels to be sold and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All wines whose labels have not been registered as herein provided shall be considered contraband and may be seized by the board or its agents, or any peace officer of the state without a warrant and the goods shall be delivered to the board and disposed of as provided by law.
(e) A wine manufacturer licensee licensed pursuant to this section shall be required to send to the board, prior to the twentieth day of each month, a consolidated report of all shipments of alcoholic beverages made to each licensed wholesaler or licensed retailer during the preceding month. The reports shall be in the form and shall contain the information as the board may require.
(f) Every wine manufacturer licensed pursuant to this section shall keep at its principal place of business within the state, daily permanent records which shall show the quantities of raw materials used in the manufacture of wine, and the quantities of wine manufactured and stored, the sale of wine, the quantities of wine stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers of the wine.
(g) Every place licensed as a wine manufacturer pursuant to this section shall be subject to inspection by the board or by persons duly authorized and designated by the board at any time of the day or night as they may deem necessary, for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees shall be open for inspection at all times by the board or by persons duly authorized and designated by the board. Members of the board and its duly authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.
(h) Where otherwise lawful, a manufacturer licensed under this section may qualify with the board as the host of or as a participant in a wine festival located in a wet municipality in the county of its licensed premises or outside the county of its licensed premises pursuant to Section 28-3A-20.4.
(i) Licenses issued under this section, unless revoked in the manner provided in this chapter, shall be valid for the license year commencing January 1 of each year.
(j) The board may adopt rules to implement and administer this section.
(k) The provisions of Act 2021-517 are supplemental to any laws regulating alcoholic beverages in this state and shall not be construed to repeal or supersede any laws or rules of the Alcoholic Beverage Control Board not in direct conflict with Act 2021-517.
(Acts 1980, No. 80-382, p. 505, §10; Act 2023-525, §1.)
(a) Upon an applicant’s compliance with this section and the rules adopted pursuant to this section, the board may issue a wine manufacturer license to the applicant which shall authorize the licensee to manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county only for the sale for distribution outside of the county. No person shall manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county for sale or distribution unless the person or the authorized representative of the person has been granted a wine manufacturer license issued by the board pursuant to this section.
(b) A wine manufacturer licensed under this section is prohibited from doing any of the following:
(1) Selling any wine or dispensing any tastings for consumption on its licensed premises.
(2) Selling or delivering any wine in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U.S. Treasury Department.
(3) Maintaining or operating within the state any place or places, other than the place or places covered by the wine manufacturer license.
(c) Any wine manufactured in the dry county by the manufacturer licensed pursuant to this section may be sold only for shipment and delivery to a licensed wine wholesaler in this state or to a legal distributor outside of this state, except that the manufacturer may use its employees to sell and transport wine directly to retail licensees of the board in a vehicle owned or leased by the manufacturer subject to the following limits:
(1) No more than 10,000 gallons produced on its licensed premises each year.
(2) No more than 20,000 gallons produced on its licensed premises each year if the manufacturer provides to the board proof that its wine has been declined to be distributed by two licensed wine wholesalers. If the manufacturer’s wine has been accepted for distribution by any licensed wine wholesaler, it may not sell and transport its wine directly to retailers under this subdivision.
(d) A wine manufacturer licensee licensed pursuant to this section shall be required to file with the board, prior to making any sales, a list of its labels to be sold and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All wines whose labels have not been registered as herein provided shall be considered contraband and may be seized by the board or its agents, or any peace officer of the state without a warrant and the goods shall be delivered to the board and disposed of as provided by law.
(e) A wine manufacturer licensee licensed pursuant to this section shall be required to send to the board, prior to the twentieth day of each month, a consolidated report of all shipments of alcoholic beverages made to each licensed wholesaler or licensed retailer during the preceding month. The reports shall be in the form and shall contain the information as the board may require.
(f) Every wine manufacturer licensed pursuant to this section shall keep at its principal place of business within the state, daily permanent records which shall show the quantities of raw materials used in the manufacture of wine, and the quantities of wine manufactured and stored, the sale of wine, the quantities of wine stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers of the wine.
(g) Every place licensed as a wine manufacturer pursuant to this section shall be subject to inspection by the board or by persons duly authorized and designated by the board at any time of the day or night as they may deem necessary, for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees shall be open for inspection at all times by the board or by persons duly authorized and designated by the board. Members of the board and its duly authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.
(h) Where otherwise lawful, a manufacturer licensed under this section may qualify with the board as the host of or as a participant in a wine festival located in a wet municipality in the county of its licensed premises or outside the county of its licensed premises pursuant to Section 28-3A-20.4.
(i) Licenses issued under this section, unless revoked in the manner provided in this chapter, shall be valid for the license year commencing January 1 of each year.
(j) The board may adopt rules to implement and administer this section.
(k) The provisions of Act 2021-517 are supplemental to any laws regulating alcoholic beverages in this state and shall not be construed to repeal or supersede any laws or rules of the Alcoholic Beverage Control Board not in direct conflict with Act 2021-517.
(Act 2021-517, §§1, 3; Act 2023-525, §1.)
Every manufacturer, or its designated representative, desiring to sell table wines in or for resale in this state shall register with the board prior to making any such sales.
Each such manufacturer, or its designated representative, shall be required to file with the board, prior to making any sales in Alabama a list of its labels to be sold in this state and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All table wines whose labels have not been registered as herein provided for shall be considered contraband and may be seized by the board or its agents, or any peace officer of the State of Alabama without a warrant and said goods shall be delivered to the board and disposed of as contraband alcohol as provided by law.
All such manufacturers, or their designated representatives, shall be required to mail to the board prior to the tenth day of the month a consolidated report of all shipments of table wine made to each wine wholesaler or importer in Alabama during the preceding month. Such reports shall be certified as true and correct and shall be a complete listing of all items shipped, an invoice setting out the quantities purchased and the price quotation showing at what price such wines were sold, the size, type, brand label and point of destination and such other information as the board may prescribe.
(Acts 1980, No. 80-382, p. 505, §11.)
The wine retailer’s, wine wholesaler’s and wine manufacturer’s license herein provided for shall be required to be renewed annually and shall be reissued upon payment to the board of the appropriate license fee or fees, unless the board has good cause for not reissuing the license.
(Acts 1980, No. 80-382, p. 505, §12.)
(a) License fees for licenses issued by the board. The following annual license fees are levied and prescribed for licenses issued and renewed by the board pursuant to the authority contained in this chapter:
In addition, the county or municipality therein in which the wholesaler, importer or retailer sells or distributes table wine may fix a reasonable privilege or license tax on a wine wholesaler, importer or retailer located therein, conditioned on a permit or license being issued by the board. Provided, however, said county or municipality shall levy no license or privilege tax, or other charge for the privilege of doing business as a wine wholesaler, importer or retailer, which shall exceed one-half the amount of the state license fee levied under the provisions of this section for like privilege.
(b) Payment, collection and administration. All license and filing fees levied or authorized by this chapter, other than those levied by a municipality, shall be paid to the board. All filing and license fees paid to the board shall be paid into the State Treasury to the credit of the Beer Tax and License Fund of the board and each month’s receipts shall be distributed to the State General Fund no later than the end of the following month. All license fees levied by any county and paid the board shall be paid not later than the last day of the month following the month of collection to the county governing body which shall distribute the proceeds thereof.
(Acts 1980, No. 80-382, p. 505, §13.)
(a) No license prescribed in this chapter shall be issued or renewed until the provisions of this chapter have been complied with and the filing and license fees other than those levied by a municipality are paid to the board.
(b) Every license issued under this chapter shall be constantly and conspicuously displayed on the licensed premises.
(c) Any wine retailer may be granted licenses to maintain, operate or conduct any number of places for the sale of table wine, but a separate license must be secured for each place where table wine is sold. Provided there shall be no licenses issued by the board for the sale of wine by rolling stores.
(d) A malt or brewed beverage wholesale licensee may also be granted a wine wholesaler’s license. No wine wholesaler shall maintain or operate any place where sales are made other than that for which the license is granted. No wine wholesaler shall maintain any place for the storage of table wine unless the same has been approved by the board. No wine wholesaler’s license shall be issued for any premises in any part of which there is operated any retail license for the sale of liquor, wine, malt or brewed beverages.
(e) Licenses shall be granted by the board only to reputable individuals, or to associations, partnerships and corporations whose members or officers and directors are reputable individuals.
(f) Licenses issued under this chapter may not be assigned. The board is hereby authorized to transfer any license from one person to another, or from one place to another within the same municipality, or both, as the board may determine; but no transfer shall be made to a person who would not have been eligible to receive the license originally, nor for the transaction of business at a place for which the license could not originally have been issued lawfully.
(g) Every applicant for a transfer of a license shall file a written application with the board within such time as the board shall fix in its regulations. Whenever any license is transferred, there shall be collected a filing fee of $10.00, to be paid to the board for the use of the state.
(h) In the event that any person to whom a license shall have been issued under the terms of this chapter shall become insolvent, make an assignment for the benefit of creditors, become a bankrupt by either voluntary or involuntary action, the license of such person shall immediately terminate and be cancelled without any action on the part of the board, and there shall be no refund made, or credit given, for the unused portion of the license fee for the remainder of the license year for which said license was granted. Thereafter no license shall be issued by the board for the premises, wherein said license was conducted, to any assignee, committee, trustee, receiver or successor of such licensee until a hearing has been held by the board as in the case of a new application for license. In all such cases, the board shall have the sole and final discretion as to the propriety of the issuance of a license for such premises, and to the time it shall issue, and the period for which it shall be issued, and shall have the further power to exact conditions under which said licensed premises shall be conducted.
(Acts 1980, No. 80-382, p. 505, §14.)
(a) The board shall have full and final authority as to the suspension and revocation of any license issued hereunder. In lieu of suspension or revocation, the board shall have the authority, in the case of a wine retailer, to invoke a penalty of not less than $250.00 nor more than $500.00 for one or more of the following violations of this chapter:
(1) Selling wine other than during the legal hours of sale; or
(2) Selling wine to a minor.
(b) The board upon sufficient cause being shown or proof being made that any licensee holding a license issued by the board, or any partners, members, officers or directors of the licensee has or have violated any of the provisions of this chapter relating to the sale and handling of table wine and any of the laws of this state relating to the manufacture, sale, possession or transportation of malt or brewed beverages, alcohol or other alcoholic beverages, other than table wine, may upon due notice and proper hearing being given to the person so licensed, suspend or revoke the license issued by the board under the provisions of this chapter. In all cases where the board shall suspend or revoke a license, it shall set forth its findings of fact, the evidence from which such findings of fact are made, and the reasons upon which its action is based. Any licensee whose license is revoked by the board shall be ineligible to have a license under this chapter, until the expiration of one year from the date such license was revoked.
(Acts 1980, No. 80-382, p. 505, §15.)
(a) Levy. There is hereby levied in addition to the license taxes provided for by this chapter and municipal and county license taxes and in addition to any marked-up price made by the board on wine sold by the board a privilege or excise tax measured by and graduated in accordance with the volume of sales of table wine containing not more than sixteen and one-half percent alcohol by volume and shall be an amount equal to forty-five cents ($.45) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold to the wholesale licensee or board, to be collected from the purchaser by the board or by a licensed retailer.
(b) Collection, monthly return, remittance, right to examine books and records.
(1) The tax levied by subsection (a) shall be added to the sales price of all table wine containing not more than sixteen and one-half percent alcohol by volume sold and shall be collected from the purchasers. The tax shall be collected in the first instance from the wholesaler where table wine containing not more than sixteen and one-half percent alcohol by volume is sold or handled by wholesale licensees, and by the board from whomever makes sales when table wine containing not more than sixteen and one-half percent alcohol by volume is sold by the board. It shall be unlawful for any person who is required to pay the tax in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this section that the tax levied is in fact a levy on the consumer. The person who pays the tax in the first instance is acting as an agent of the state for the collection and payment of the tax and as such may not collect a tax on table wine containing not more than sixteen and one-half percent alcohol by volume for any other level of government.
(2) The tax hereby levied shall be collected by a monthly return, which shall be filed by the wholesale licensees as follows: A monthly return filed with the board not later than the 15th day of the second month following the month of receipt of table wine containing not more than sixteen and one-half percent alcohol by volume by the wholesaler on a form prescribed by the board showing receipts by the wholesalers from manufacturer, importer, or other wholesaler licensees during the month of receipt and the taxes due thereon at the rate of thirty-eight cents ($.38) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold to the wholesale licensee or board; the taxes due at such rate shall be remitted to the board along with the return; a monthly return filed with the county or municipality within which the wine is sold at retail filed not later than the 15th day of each month showing sales by wholesalers during the preceding month and the county or municipality in which sold and the taxes due thereon at the rate of seven cents ($.07) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold; and the taxes due at such rate shall be remitted to the county or municipality along with the return.
(3) The tax hereby levied shall be collected by the board on the table wine containing not more than sixteen and one-half percent alcohol by volume sold by the board and shall be paid as follows: Taxes at the rate of thirty-eight cents ($.38) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold shall be remitted by the board to the State Treasurer and taxes at the rate of seven cents ($.07) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold shall be remitted by the board to the county or municipality within which the wine was sold at retail not later than the last day of the month following the month of sale, as set forth in subsection (c).
(4) The board and the governing body of each county and municipality served by the wholesaler shall have the authority to examine the books and records of any person who sells, stores, or receives for the purpose of distribution any table wine, containing not more than sixteen and one-half percent alcohol by volume to determine the accuracy of any return required to be filed with it.
(c) Disposition of proceeds. The proceeds of the tax levied by subsection (a) shall be paid and distributed as follows:
(1) Thirty-eight cents ($.38) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold shall be collected by the board on its sales or paid to the board by wholesale licensees on their sales, and by the board paid to the State Treasurer to be credited as net profits from operation of the board to be distributed as provided by law.
(2) Seven cents ($.07) per liter of table wine containing not more than sixteen and one-half percent alcohol by volume sold shall be paid by the board on its sales or by wholesale licensees on their sales, either into the treasury of the municipality in which the table wine was sold at retail within its corporate limits, or, where sold outside the corporate limits of any municipality, into the treasury of the county in which the table wine was sold at retail.
(d) There is hereby levied in addition to the license taxes provided for by this chapter and municipal and county license taxes and in addition to any marked-up price made by the board on wine sold by the board a privilege or excise tax measured by and graduated in accordance with the volume of sales of table wine containing more than sixteen and one-half percent alcohol by volume. The tax shall be an amount equal to two dollars and forty-two cents ($2.42) per liter of table wine containing more than sixteen and one-half percent alcohol by volume sold to the wholesale licensee or board, to be collected from the purchaser by the board or by a licensed retailer.
(e) Collection, monthly return, remittance, right to examine books and records.
(1) The tax levied by subsection (d) shall be added to the sales price of all table wine containing more than sixteen and one-half percent alcohol by volume sold and shall be collected from the purchasers. The tax shall be collected in the first instance from the wholesaler where table wine containing more than sixteen and one-half percent alcohol by volume is sold or handled by wholesale licensees, and by the board from whomever makes sales when table wine containing more than sixteen and one-half percent alcohol by volume is sold by the board. It shall be unlawful for any person who is required to pay the tax in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that the tax levied is in fact a levy on the consumer. The person who pays the tax in the first instance is acting as an agent of the state for the collection and payment of the tax and as such may not collect a tax on table wine containing more than sixteen and one-half percent alcohol by volume for any other level of government.
(2) The tax levied in subsection (d) shall be collected by a monthly return, which shall be filed by the wholesale licensees with the board not later than the 15th day of the second month following the month of receipt of table wine containing more than sixteen and one-half percent alcohol by volume by the wholesaler on a form prescribed by the board showing receipts by the wholesalers from manufacturer, importer, or other wholesaler licensees during the month of receipt and the taxes due thereon at the rate of two dollars and forty-two cents ($2.42) per liter of table wine containing more than sixteen and one-half percent alcohol by volume sold to the wholesale licensee or board; the taxes due at such rate shall be remitted to the board along with the return.
(3) The tax levied in subsection (d) shall be collected by the board on table wine containing more than sixteen and one-half percent alcohol by volume sold by the board and shall be paid as follows: Taxes at the rate of two dollars and forty-two cents ($2.42) per liter of table wine containing more than sixteen and one-half percent alcohol by volume sold shall be remitted by the board to the State Treasurer.
(4) The board shall have the authority to examine the books and records of any person who sells, stores, or receives for the purpose of distribution any table wine containing more than sixteen and one-half percent alcohol by volume, to determine the accuracy of any return required to be filed with it.
(f) Disposition of proceeds. The proceeds of the tax levied by subsection (d) shall be paid and distributed as follows:
(1) Thirty-seven percent to the Alcoholic Beverage Control Board.
(2) Thirty-four percent to the State General Fund.
(3) Twenty and eight-tenths percent to the Department of Human Resources.
(4) Eight and two-tenths percent to the Department of Mental Health.
(g) Mead shall be taxed at the same rate as table wine as follows:
(1) Mead containing not more than sixteen and one-half percent of alcohol by volume shall be taxed pursuant to subsection (a).
(2) Mead containing more than sixteen and one-half percent and not more than eighteen percent alcohol by volume shall be taxed pursuant to subsection (d).
(h) Taxes exclusive. The taxes herein levied are exclusive and shall be in lieu of all other and additional taxes and licenses of the state, county, or municipality, imposed on or measured by the sale or volume of sale of table wine; provided, that nothing herein contained shall be construed to exempt the retail sale of table wine from the levy of tax on general retail sales by the state, county, or municipality in the nature of, or in lieu of, a general sales tax.
(i) Trade between wholesalers exempt. The taxes levied by subsections (a) and (d) shall not be imposed upon the sale, trade, or barter of table wine by one licensed wholesaler to another wholesaler licensed to sell and handle table wine in this state, which transaction is hereby made exempt from the tax; provided, however, the board may require written reporting of any such transaction in the form as the board may prescribe.
(Acts 1980, No. 80-382, p. 505, §16; Acts 1983, No. 83-594, p. 927, §1; repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, §2; added by Act 2001-1114, 4th Sp. Sess., p. 1179, §3; Act 2010-607, p. 1478, §1; Act 2023-525, §1.)
The board may from time to time make such regulations not inconsistent with this chapter and the purpose and intention thereof as it shall deem necessary for carrying out the provisions of this chapter, and from time to time alter, repeal or amend such regulations, or any of them.
Prima facie evidence of any such regulation may be given in all courts and proceedings by the production of what purports to be an official printed copy of such regulation, alteration, repeal or amendment.
(Acts 1980, No. 80-382, p. 505, §17.)
(a) No manufacturer shall sell any table wine direct to any retailer or for consumption on the premises where sold, nor sell or deliver any such table wine in other than original containers, nor shall any manufacturer maintain or operate within this state any place or places, other than the place or places covered by his or its license where table wine is sold or where orders therefor are taken. Provided, further, that table wine that is manufactured in Alabama may be sold directly at retail by the licensed manufacturer, for on-premise or off-premise consumption, only on the manufacturer’s premises and at one additional permitted off-site tasting room used to conduct tastings or samplings and to sell at retail the manufacturer’s table wine as provided in subdivision (4) of subsection (h) of Section 28-3A-6.
(b)(1) There is hereby levied and assessed, upon wine manufactured in Alabama and sold by the manufacturer directly at retail on the premises where it is manufactured, as provided in subsection (a), or dispensed, as free samples of not more than six ounces, in the tasting room or wine cellar on the manufacturer’s premises, an excise tax, measured by and graduated in accordance with the volume of such wine sold or dispensed, in an amount equal to forty-five cents ($.45) per liter.
(2) The tax hereby levied on retail sales on a manufacturer’s premises shall be added to the sales price of all table wine sold at retail by the manufacturer, as provided in subsection (a), and shall be collected from the consumers making the purchases.
(c) The tax levied by subsection (b) shall be collected by a return and remitted, monthly, as follows:
(1) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the board, on a form and in the manner prescribed by the board, a return showing taxes due at thirty-eight cents ($.38) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the board along with the return.
(2) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the municipality within which the table wine was dispensed or sold at retail within its corporate limits, or, where dispensed or sold at retail outside of the corporate limits of any municipality, with the county within which the table wine was dispensed or sold at retail, a return showing taxes at seven cents ($.07) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the county or municipality along with the return.
(3) All taxes imposed, levied, and collected under this section shall be deposited and credited in the same manner as are other table wine taxes.
(d) Manufacturers who manufacture table wine within Alabama shall provide to the board monthly reports, in the form, time, and manner prescribed by the board, reporting gallonage sold and gallonage exported for sale outside the state during the previous month.
(e) The tax herein levied is exclusive and shall be in lieu of all other and additional taxes of the state, county, and municipality imposed on or measured by the sale or volume of sale of table wine; provided that nothing herein contained shall be construed to exempt the retail sale of table wine from the levy of tax on general retail sales by the state, county, or municipality in the nature of, or in lieu of, a general sales tax.
(Acts 1980, No. 80-382, p. 505, §18; Act 2001-1114, 4th Sp. Sess., p. 1179, §4; Act 2016-131, §1.)
No wine wholesaler shall purchase, receive or resell any table wine except in the original container as prepared for the market by the manufacturer.
(Acts 1980, No. 80-382, p. 505, §19.)
No wine retailer shall purchase or receive any table wine except from the board or from wine wholesalers duly licensed under this chapter. All table wines must be received by the wine retailer in original containers as prepared for the market by the manufacturer. Wine retailers may sell or dispense at retail to be consumed off the premises only. On-premises retail licensees may break the bulk upon the licensed premises and sell or dispense at retail to be consumed on the premises, or sell or dispense at retail in original containers to be consumed on or off the premises.
(Acts 1980, No. 80-382, p. 505, §20.)
No manufacturer and no officer or director of any manufacturer shall, at the same time, be a wine wholesaler or retailer, or an officer, director or stockholder or creditor of any wine wholesaler or retailer, nor except as hereinafter provided, be the owner, proprietor or lessor of any place covered directly or indirectly by any wine wholesaler’s license or wine retailer’s license or other retail license authorizing the sale of wine in this state.
No wine wholesaler and no officer or director of any wine wholesaler shall at the same time be a manufacturer or wine retailer, or be an officer, director, stockholder or creditor of a manufacturer or wine retailer, or be the owner, proprietor or lessor of any place covered by any retail table wine license.
No licensee licensed under this chapter, shall directly or indirectly own any stock of, or have any financial interest in, any other class of business licensed under this chapter.
Excepting as hereinafter provided, no wine manufacturer or wholesaler shall in anywise be interested, either directly or indirectly in the ownership or leasehold of any property, or in any mortgage against the same, for which a liquor or wine retailer’s license is granted; nor shall a wine manufacturer or wholesaler either directly or indirectly, lend any moneys, credit or equivalent thereof to any retailer in equipping, fitting out or maintaining and conducting, either in whole or in part, an establishment or business operated under a wine retailer’s or liquor retail dispensers’ license, excepting only the usual and customary credits allowed for returning packages or containers in which table wine was packed for market by the manufacturer.
Excepting as hereinafter provided, no manufacturer shall in anywise be interested, directly or indirectly, in the ownership or leasehold of any property, or any mortgage lien against the same, for which a wine wholesaler’s license is granted, nor shall a manufacturer, either directly or indirectly, lend any moneys, credit or their equivalent to any wine wholesaler in equipping, fitting out, or maintaining and conducting, either in whole or in part, an establishment or business where table wines are licensed for sale by a wine wholesaler, excepting only the usual credits allowed for the return of packages or containers in which table wines were originally packed for the market by the manufacturer.
No wine wholesaler or retailer shall in anywise, either directly or indirectly, receive any credit, loan, moneys or the equivalent thereof from any other licensee, or from or through a subsidiary or affiliate of another licensee or from a firm, association, or corporation, except banking institution in which another licensee or any officer, director or firm member of another licensee has a substantial interest or exercises a control of its business policy for equipping, fitting out, payment of license fee, maintaining and conducting, either in whole or in part, an establishment or business operated under a wine wholesaler’s or retailer’s license, excepting only the usual and customary credits allowed for the return of packages or containers in which table wines were packed for the market by the manufacturer.
The purpose of this section is to require a separation of the financial and business interest between the various classes of business regulated by this chapter, and no person or corporation shall by any device whatsoever, directly or indirectly, evade the provisions of this section.
(Acts 1980, No. 80-382, p. 505, §22.)
No sign of any kind advertising table wine shall be displayed outside any retail place of business. Radio, television, newspaper, magazine, billboard and commercial vehicles used for transportation of table wine may be used to advertise table wine in accordance with rules and regulations issued by the board. No other advertising of table wine shall be permitted, except in accordance with rules and regulations issued by the board. Provided, however, that there shall be no advertising of table wine on billboards located in “dry” counties as defined in Chapter 2 of this title.
(Acts 1980, No. 80-382, p. 505, §23.)
All laws or parts of laws which conflict or are inconsistent with this chapter are hereby repealed. The taxes imposed by Sections 28-3-200, 28-3-201, 28-3-202, 28-3-203 and 28-3-204 do not apply to the sale of table wine; provided, that, nothing herein contained shall be construed to relieve any person from any tax liability, penalty or forfeiture incurred thereunder or under any local tax, county or municipal, hereby repealed, nor be construed to repeal any provision of law respecting the enforcement of any such tax liability, penalty or forfeiture incurred; provided further, that nothing herein contained shall be construed to repeal or as repealing Chapter 6 of this title.
(Acts 1980, No. 80-382, p. 505, §25.)
For the purpose of this chapter, the following terms shall have the following meanings:
(1) BOARD. The Alcoholic Beverage Control Board.
(2) LOCAL GOVERNING BODY. Any county or municipal commission, council or other governing body or any official of any county or municipality that is authorized by Sections 28-3-190 and 28-7-16, to collect taxes levied by the State of Alabama upon the sale of any beer or table wine.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §1.)
Any local governing body may, prior to October 1, 1988 or at any time thereafter, elect to authorize the board to audit and collect any and all taxes levied pursuant to Sections 28-3-190 and 28-7-16, upon the sale of any beer or table wine. Any local governing body may elect to retain, or at any time after October 1, 1988, by an appropriate resolution or ordinance duly adopted and spread upon its minutes, elect to retain or reclaim the power and authority granted to it by Sections 28-3-190 and 28-7-16, to audit and collect any such taxes, whereupon said taxes shall be paid to and collected by the local governing body as provided in said sections.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §2; Acts 1989, Ex. Sess., No. 89-990, p. 35, §1.)
The taxes on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, to be collected by any local governing body, except as provided in Section 28-7A-2, shall be paid when due in accordance with the applicable law to the board for the use and benefit of such local governing body. The board shall collect the revenues generated by such tax at the same time and in the same manner as provided for collection by the local governing body. The taxes so collected shall be deposited into a special fund for the local governing body and paid by the board to the treasury of the local governing body for which they were collected within 25 days after the end of the month in which such funds are received by the board. Provided, however, that the board shall retain two and one-half percent of the tax due to the local governing body as a fee to the board for auditing, collecting, disbursing and administering the tax. The sum so retained by the board shall be deposited to the credit of the General Fund of the state and dispersed therefrom according to law. Each such local governing body shall further distribute such proceeds in the manner provided by law.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §3.)
Any provisions of this chapter to the contrary notwithstanding, the probate judge or any official or agent of any local governing body or any other person who, by statute applicable on October 1, 1988, receives a fee as a percentage of the tax for collecting such tax on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, shall continue to receive the said fee or percentage.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §4.)
The board shall prepare and distribute such reports, forms and other information as may be necessary for the collection and distribution of the said taxes. The board is authorized to promulgate all reasonable rules and regulations necessary to implement the provisions of this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §5.)
The board shall have the authority to inspect, examine and audit the books and records of any wholesaler licensee who sells, stores or receives for the purpose of distribution, any alcoholic beverages, to verify the proper filing and to determine the accuracy of any state or local tax return required to be filed by the wholesaler, and to determine the payment of all state and local taxes when and where due with respect to any state or local tax levied on alcoholic beverages by statute. In pursuance of said authority, the board shall have the further authority to inspect, examine and audit the books and records of any person, firm, corporation, club or association who sells at retail any alcoholic beverages.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §6.)
Pursuant to the authority of this state under the Twenty-first Amendment to the United States Constitution, the policy and intent of the Legislature in the enactment of this chapter are to further regulate and control alcoholic beverage transactions in Alabama under the control and supervision of the Alcoholic Beverage Control Board; to promote and assure the public’s interest in fair and efficient distribution and quality control of alcoholic beverages in Alabama; to promote orderly marketing of alcoholic beverages; to promote vigorous inter-brand competition; and to facilitate collection of state and local revenue.
(Acts 1984, No. 84-374, p. 876, §1.)
Each manufacturer or importer of alcholic beverages licensed by the board authorizing such licensee to sell its alcoholic beverages within the State of Alabama, whose alcoholic beverages are sold through wholesale licensees of the board to retail licensees of the board, shall designate exclusive sales territories for each of its brands sold in Alabama and shall name one licensed wholesaler for each such sales territory who, within such territory, shall be the exclusive wholesaler for said brand or brands; provided where a manufacturer or importer licensee has more than one brand of alcoholic beverages sold within this state, such licensee may designate the exclusive sales territory to a different wholesaler for the sale of each of its brands and may designate a different sales territory for each of its brands. Such manufacturer or importer licensee shall enter into a territorial agreement, in writing, designating the exclusive territory and authorizing the sale by a designated licensed wholesaler of that brand or brands within the designated territory. Such manufacturer or importer shall not designate more than one wholesaler for each brand for all or any part of a designated sales territory, and the written territorial agreement shall not provide for the distribution of a brand or brands to more than one licensed wholesaler for all or any part of the designated territory. All such territorial agreements shall be filed with the board.
(Acts 1984, No. 84-374, p. 876, §2.)
No provision of any territorial agreement shall, expressly or by implication, or in its operation, establish or maintain the resale price of any brand or brands of alcoholic beverages by the wholesaler.
(Acts 1984, No. 84-374, p. 876, §3.)
No modification of either the designated sales territory or any territorial agreement shall be effective (i) until written notice thereof shall have been given by the manufacturer or importer to the wholesaler; (ii) until written notice thereof, together with the affidavit of the manufacturer stating that the level of service within the designated territory will not be adversely affected by the change, shall have been filed with the board; and (iii) until the board shall have verified that the level of service within the designated territory will not be adversely affected by the change. Provided, however, board verification shall not be required where the board has suspended or revoked the license of the wholesaler, shall not be unreasonably withheld and shall be completed within a reasonable time not to exceed 30 days from the date of filing with the board. The notice shall be given after recognizing all rights of the wholesaler and duties of the manufacturer or importer. Nothing in this chapter shall impair or alter contractual rights, duties or obligations of manufacturer, importer or wholesaler, including but not limited to the termination thereof.
(Acts 1984, No. 84-374, p. 876, §4.)
The wholesaler licensee designated as the exclusive wholesaler for a brand or brands within a designated territory must service retail licensees within that territory without discrimination, and shall service for the purpose of quality control all of the alcoholic beverages sold by that wholesaler to retailers within such territory. Each such wholesaler shall provide such additional quality control services and comply with such additional quality control standards as are specified in writing from time to time by the owner of the trademark of the brand or brands of alcoholic beverages, provided those activities or standards are reasonable and are reasonably related to the maintenance of quality control, and provided that the wholesaler has received written notice thereof.
(Acts 1984, No. 84-374, p. 876, §5.)
The board shall have the authority to inspect, examine and audit the books and records of any wholesaler licensee who sells, stores or receives for the purpose of distribution, any alcoholic beverages, to verify the proper filing and to determine the accuracy of any state or local tax return required to be filed by the wholesaler, and to determine the payment of all state and local taxes when and where due with respect to any state or local tax levied on alcoholic beverages by statute. In pursuance of said authority, the board shall have the further authority to inspect, examine and audit the books and records of any person, firm, corporation, club or association who sells at retail any alcoholic beverages. Provided, however, this section imposes no duty upon the board to inspect, examine and audit with respect to local taxes on alcoholic beverages.
(Acts 1984, No. 84-374, p. 876, §6.)
The words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor.
(Acts 1984, No. 84-374, p. 876, §7.)
(a) Unlawful acts and offenses. It shall be unlawful:
(1) For any manufacturer or importer licensed by the board to sell its brand or brands of alcoholic beverages in the State of Alabama to any person, except through the board in the case of spirituous liquor and wine, other than to a licensed wholesaler designated as the exclusive wholesaler for said brand or brands.
(2) For any wholesaler to sell to a retail licensee any brand of alcoholic beverages in the State of Alabama, except in the sales territory designated by the manufacturer or importer licensee and set forth in a written territorial agreement authorizing the sale by such wholesaler licensee of that brand within a designated territory; provided, however, a licensed wholesaler may, with the approval of the board, service a territory outside the territory designated to it during periods of temporary service interruptions when so requested by the manufacturer or importer and the designated wholesaler within such territory whose service is temporarily interrupted.
(3) For any wholesaler to sell to a retail licensee any brand of alcoholic beverages in the State of Alabama unless there is in effect a territorial agreement in writing between the licensed manufacturer or importer thereof and said licensed wholesaler authorizing the sale by such wholesaler of that brand within a designated territory.
(4) For any licensed retailer to purchase any brand of alcoholic beverages from any wholesaler which has not been designated by the licensed manufacturer or importer thereof as the wholesaler for such brand for the sales territory within which the retailer’s place of business is located.
(b) Penalties. Any violations of the provisions of this chapter subject the licensee to suspension or revocation of its license or to the levy of a fine in lieu of such suspension or revocation as set forth in Section 28-3A-24.
(Acts 1984, No. 84-374, p. 876, §8.)
(a) The Legislature hereby finds and declares that this chapter is enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of Alabama of 2022, in order to regulate the traffic of alcoholic beverages and to substitute the regulations and oversight established in Act 2021-419 for the application of federal and state antitrust laws that otherwise would apply to any potential anti-competitive effects of this title. For the avoidance of doubt, the intent of the Legislature is to maintain the uniform three-tier system of control over the sale, purchase, taxation, transportation, manufacture, consumption, and possession of alcoholic beverages in the state to promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring the state shall be able to register, audit, inspect, seize, recall and test alcoholic beverages shipped into, distributed, and sold throughout this state; and this expression of the policy and intent of the Legislature is intended to satisfy the clear articulation test for state action immunity as has been established by the United States Supreme Court in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., et al.
(b) If any provision of this chapter, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.
(Act 2021-419, §4.)
As used in this chapter, the following terms shall have the following meanings:
(1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier.
(2) ANCILLARY BUSINESS. A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler that recycles empty beverage containers.
(3) DESIGNATED MEMBER. The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual’s ownership interest in the wholesaler under the terms of the deceased individual’s will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler’s business, or has succeeded to the deceased individual’s ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. Designated member also includes a person appointed by the court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler.
(4) GOOD FAITH. Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103.
(5) REASONABLE QUALIFICATIONS. The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler’s business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler’s business.
(6) RETALIATORY ACTION. Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith.
(7) SALES TERRITORY. An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement.
(8) SUBSTANTIAL STOCKHOLDER or SUBSTANTIAL PARTNER. A stockholder of or partner in the wholesaler who owns an interest of 25 percent or more of the partnership or of the capital stock of a corporate wholesaler.
(9) SUPPLIER. A manufacturer or importer of wine licensed by the board.
(10) TRANSFER OF WHOLESALER’S BUSINESS. The voluntary sale, assignment, or other transfer of all or control of the business or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler.
(11) WHOLESALER. A wholesaler of wine licensed by the board.
(Act 2021-419, §4.)
(a) This chapter does not apply to regulation of beer franchises.
(b) Nothing in this chapter shall be deemed to repeal or amend wine franchise laws existing on August 1, 2021. This article is intended to provide wine franchise regulation for counties in which regulation does not exist by local law, and to leave in effect and unchanged existing local wine franchise laws in Baldwin, Jefferson, Mobile, Montgomery, and Shelby Counties.
(Act 2021-419, §4.)
Each supplier of wine licensed by the board to sell its wine within the State of Alabama shall sell its wine through wholesaler licensees of the board and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with Chapter 8.
(Act 2021-419, §4.)
A supplier shall not do any of the following:
(1) Fail to provide each wholesaler of the supplier’s brand or brands with a written agreement which contains in total the supplier’s agreement with each wholesaler, and designates a specific exclusive sales territory. Any agreement that is in existence on August 1, 2021, shall be renewed consistent with this chapter, and this chapter may be incorporated by reference in the agreement. No part of this chapter shall prevent a supplier from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and the wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 28-8A-7 and 28-8A-9.
(2) Fix, maintain, or establish the price at which a wholesaler shall sell any wine.
(3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of wine in the same territory or any portion thereof, or to sell directly to any retailer in this state.
(4) Coerce, or attempt to coerce, any wholesaler to accept delivery of any wine or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers having an agreement with the supplier.
(5) Coerce, or attempt to coerce, any wholesaler to accept delivery of any wine or other commodity ordered by a wholesaler if the order was cancelled by the wholesaler.
(6) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or any regulation by threatening to amend, modify, cancel, terminate, or refuse to review any agreement existing between the supplier and wholesaler.
(7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler’s right to sell the brand or brands of wine or other products of any other supplier unless the acquisition of the brand or brands or products of another supplier would materially impair or adversely affect the wholesaler’s quality of service, sales, or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler. The supplier shall have the burden of proving that such acquisition of such other brand or brands or products would have such effect.
(8) Require a wholesaler to purchase one or more brands of wine or other products in order for the wholesaler to purchase another brand or brands of wine for any reason. If the wholesaler has agreed to distribute a brand or brands before August 1, 2021, the wholesaler shall continue to distribute that brand or brands, in conformance with this chapter.
(9) Request a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement.
(10) Withhold delivery of wine ordered by a wholesaler, or change a wholesaler’s quota of a brand or brands if the withholding or change is not made in good faith.
(11) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier.
(12) Take any retaliatory action against a wholesaler that files a complaint regarding an alleged violation by the supplier of federal, state, or local law or an administrative rule.
(13) Require or prohibit, without just and reasonable cause, any change in the manager or successor manager of any wholesaler who has been approved by the supplier as of or subsequent to August 1, 2021. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers of Alabama wholesalers of the supplier which previously have been consistently applied to Alabama wholesalers by the supplier. The supplier shall have the burden of proving that a person fails to meet the standards and qualifications which are nondiscriminatory, material, and reasonable and have been consistently applied to Alabama wholesalers.
(14) Upon written notice of intent to transfer the wholesaler’s business, interfere with, prevent, or unreasonably delay, for longer than 30 days after the receipt of the notice, the transfer of the wholesaler’s business if the proposed transferee is a designated member.
(15) Upon written notice of intent to transfer the wholesaler’s business to a person other than a designated member, withhold consent to or approval of or unreasonably delay, for longer than 30 days after receipt of the notice, the transfer of a wholesaler’s business if the proposed transferee meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The supplier shall have the burden of proving that the proposed transferee does not meet such standards and qualifications which are nondiscriminatory, material, and reasonable and have been consistently applied to Alabama wholesalers.
(16) Restrict or inhibit, directly or indirectly, the right of free association among wholesalers for any lawful purpose.
(Act 2021-419, §4.)
A wholesaler shall not do any of the following:
(1) Fail to devote reasonable efforts and resources, within its supplier-designated sales territory, to the sale and distribution of all the supplier’s brands of wine which the wholesaler has been granted the right to sell or distribute.
(2) Sell or deliver wine to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of wine. Notwithstanding the foregoing, during periods of temporary service interruptions impacting a particular sales territory, a wholesaler who normally services the impacted sales territory shall file with the board and give to the affected supplier written notice designating the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will service the sales territory during the period of temporary service interruption and the approximate length of time for the service interruption. Each wholesaler designated to temporarily service the sales territory shall be a wholesaler who has a current written agreement with the supplier for the brand or brands affected. When the temporary service interruption is over, the wholesaler who normally services the sales territory shall notify in writing the board, the supplier, and the wholesaler, or wholesalers, servicing the sales territory on a temporary basis of this fact, and any wholesaler servicing the sales territory on a temporary basis shall cease servicing the sales territory upon receipt of notice. A wholesaler who is designated to service the impacted sales territory during the period of temporary service shall not be in violation of this chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 28-8A-7 and 28-8A-9.
(3) Transfer the wholesaler’s business without giving the supplier written notice of intent to transfer the wholesaler’s business, and, where required by this section, receiving the supplier’s approval for the proposed transfer. Provided, the consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business to a designated member, or any transfer of less than control of the wholesaler’s business. Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
(Act 2021-419, §4.)
(a) Notwithstanding any agreement and except as otherwise provided for in this chapter, a supplier shall not amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases, the supplier has complied with all of the following:
(1) Has satisfied the applicable notice requirements of subsection (c).
(2) Has acted in good faith.
(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving that it has acted in good faith, that the notice requirements under this section have been complied with, and that there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.
(c) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(5), the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than 60 days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. The notice shall be by certified mail and shall contain all of the following:
(1) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement.
(2) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.
(3) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.
(d) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal, or discontinuance under subdivision (a)(3) when all of the following occur:
(1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier.
(2) The supplier first acquired knowledge of the failure described in subdivision (1) not more than 18 months before the date notification was given pursuant to subdivision (a)(1).
(3) The wholesaler was given notice by the supplier of failure to comply with the agreement.
(4) The wholesaler was afforded a reasonable opportunity to assert good faith efforts to comply with the agreement within the time limits as provided for in subdivision (5).
(5) The wholesaler has been afforded 30 days in which to submit a plan of corrective action to comply with the agreement and an additional 120 days to cure the noncompliance in accordance with the plan.
(e) Notwithstanding subsections (a) and (c), a supplier may terminate, cancel, fail to renew, or discontinue an agreement immediately upon written notice given in the manner and containing information required by subsection (c) if any of the following occur:
(1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the wholesaler’s ability to remain in business.
(2) Revocation or suspension of the wholesaler’s state or federal license by the appropriate regulatory agency whereby the wholesaler cannot service the wholesaler’s sales territory for more than 61 days.
(3) The wholesaler, or partner or individual who owns 10 percent or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under federal or any state law which reasonably may adversely affect the good will or the interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, subject to this chapter, shall have the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder and if the sale is completed prior to conviction this subdivision shall not apply.
(f) Notwithstanding subsections (a), (c), and (e), upon not less than 15 days’ prior written notice given in the manner and containing the information required by subsection (c), a supplier may terminate, cancel, fail to renew, or discontinue an agreement if any of the following events occur:
(1) There was intentional fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier. Provided, however, the supplier shall have the burden of proving intentional fraudulent conduct relating to a material matter on the part of the wholesaler.
(2) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. This subdivision does not apply if there is a dispute between two or more wholesalers as to the boundaries of the assigned territory and the boundary cannot be determined by a reading of the description contained in the agreements between the suppliers and the wholesalers.
(3) A wholesaler who has failed to pay for wine ordered and delivered in accordance with established terms with the supplier fails to make full payment within two business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
(4) A wholesaler intentionally has made a transfer of wholesaler’s business, other than a transfer to a designated member or pursuant to a loan agreement or debt instrument, without prior written notice to the supplier, and has failed, within 30 days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse the transfer of wholesaler’s business.
(5) A wholesaler intentionally has made a transfer of wholesaler’s business other than a transfer to a designated member, although the wholesaler, prior to the transfer, has received from supplier a timely notice of disapproval of the transfer in accordance with this section.
(6) The wholesaler intentionally ceases, or ceases for more than a period of 61 days, to carry on business with respect to any of supplier’s brand or brands previously serviced by the wholesaler in its territory designated by the supplier, unless such cessation is due to force majeure or to a labor dispute and the wholesaler has made good faith efforts to overcome such events. This subdivision shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business.
(g) Notwithstanding subsections (a), (c), (e), and (f), a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than 30 days’ prior written notice if the supplier discontinues production or discontinues distribution in this state of all brands sold by the supplier to the wholesaler. Provided, however, nothing in this section shall prohibit a supplier from doing either of the following:
(1) Upon not less than 30 days’ notice, discontinuing the distribution of any particular brand of wine.
(2) Conducting test marketing of a new brand of wine or of a brand of wine which is not currently being sold in this state, if the supplier has notified the board in writing of its plan to test market. The notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the wine, the name or names of the brand of wine being tested, and the period of time not to exceed 18 months during which the testing will take place.
(Act 2021-419, §4.)
(a) Upon written notice of intent to transfer the wholesaler’s business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler’s business to a designated member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business, including the assignment of wholesaler’s rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee, other than a designated member, who meets the nondiscriminatory, material, and reasonable qualifications and standards. Provided, however, the supplier shall have the burden of proving that the proposed transferee fails to meet the qualifications and standards which are nondiscriminatory, material, and reasonable and consistently applied to Alabama wholesalers by the supplier. The designated member or transferee shall in no event be qualified as a transferee without the prior written approval or consent of the supplier, where the proposed transferee shall have been involved in any of the following:
(1) Insolvency filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors.
(2) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the U.S. government or any state, whereby service was interrupted for more than 61 days.
(3) Conviction of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier.
(4) The involuntary termination, cancellation, non-renewal, or discontinuance by a supplier of an agreement for good cause.
(b) The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler’s business, including an assignment of wholesaler’s rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material, and reasonable qualifications required by the supplier for Alabama wholesalers. Where the transferee is other than a designated member, the supplier, in good faith and for good cause related to the reasonable qualifications, may refuse to accept the transfer of the wholesaler’s business or the assignment of wholesaler’s rights under the agreement. The supplier shall have the burden of proving that it has acted in good faith and that there was good cause for failure to accept or consent to the transfer of the wholesaler’s business or the assignment of the wholesaler’s rights under the agreement.
(Act 2021-419, §4.)
(a) Except as provided for in this chapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign from any agreement; or has interfered with, prevented, or unreasonably delayed, or where required by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler’s business, shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler’s business, including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler’s business or ancillary business shall include, but not be limited to, any good will. Provided, however, nothing contained in this chapter shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler’s business.
(b) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certified mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration. Arbitration shall proceed only by mutual agreement by both parties.
(c) Not more than 10 business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration. Should the other party fail to respond within the 10 business days, it shall be conclusively presumed that the party shall have agreed to arbitration.
(d) The matter of determining the amount of compensation, by agreement of the parties, may be submitted to a three-member arbitration panel consisting of one representative selected by the supplier but unassociated with the affected supplier; one wholesaler representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator chosen as provided in this section.
(e) Not more than 10 business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one arbitrator representative and the party initiating arbitration shall request, in writing, a list of five arbitrators from the American Arbitration Association or its successor and request that the list shall be mailed to each party by certified mail, return receipt requested. Not more than 10 business days after the receipt of the list of five choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two names each from the list. Should either party fail to respond within 10 business days or should more than one name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from the list.
(f) Not more than 30 days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute. The panel shall conclude the arbitration within 20 days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within 20 days from the conclusion of the arbitration. The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for the diminished value.
(g) The cost of the impartial arbitrator, the stenographer, and the meeting site shall be equally divided between the wholesaler and the supplier. All other costs shall be paid by the party incurring them.
(h) After both parties have agreed to arbitrate, should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subsections (c), (e), and (f), or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrator and proceed to arbitration. The party who has failed or refused to comply as prescribed in this section shall be considered to be in default. Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel.
(Act 2021-419, §4.)
(a) A wholesaler may not waive any of the rights granted in this chapter and the provisions of any agreement which would have such an effect shall be void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
(b) This chapter shall apply to agreements in existence on December 31, 2020, as well as agreements entered into or renewed after December 31, 2020.
(c) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer; provided, however, a transfer of a wholesaler’s business which requires supplier’s consent or approval but is disapproved by the supplier shall be void.
(d) A successor to a supplier that continues in business as a supplier shall be bound by all terms and conditions of each agreement of the supplier in effect on the date of succession.
(Act 2021-419, §4.)
(a) If a supplier engages in conduct prohibited under this chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct.
(b) A supplier that violates this chapter shall be liable for all actual damages and all court costs and, in the court’s discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates this chapter shall be liable for all actual damages and all court costs and, in the court’s discretion, reasonable attorney fees incurred by the supplier as a result of that violation.
(c)(1) This chapter imposes upon a supplier the duty to deal fairly and in good faith with a wholesaler which has entered into an agreement with the supplier to purchase and sell a brand or brands of wine sold by the supplier. Except as otherwise provided in this chapter, a court may award exemplary or punitive damages, as well as actual damages, court costs, and reasonable attorney fees to the wholesaler who has been damaged by the action or the failure to act of the supplier if the court, upon proof thereof by clear and convincing evidence as defined in Section 6-11-20, finds that a supplier has intentionally, consciously, or deliberately acted in bad faith or failed to act in good faith in any of the following:
a. Effecting an amendment, modification, termination, cancellation, or nonrenewal of any agreement.
b. Unreasonably interfering with, preventing, or unreasonably delaying the transfer of the wholesaler’s business where approval of the proposed transferee is not required by this chapter.
c. Unreasonably withholding its consent to or approval of any assignment, transfer, or sale of a wholesaler’s business, where approval of the proposed transferee is required by this chapter.
(2) The actions or failure to act on the part of the supplier, as listed in subdivision (1), shall also constitute the tort of bad faith, and the amount of any award of punitive damages and the review thereof by the trial or appellate court shall be governed by Section 6-11-25.
(d) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this chapter.
(e) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this chapter. If the court grants injunctive relief or issues a temporary restraining order, bond shall not be required to be posted.
(f) The remedies provided by this section are nonexclusive, and nothing contained in this section shall abolish any cause of action or remedy available to the supplier or the wholesaler existing on August 1, 2021.
(g) Any legal action taken under this chapter, or in a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement shall be filed in any state court located in a county in which the supplier and wholesaler have a territorial agreement in Alabama.
(Act 2021-419, §4.)
The legislative intent and purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of beer. Regulation in this area is considered necessary for the following reasons:
(1) To maintain stability and healthy competition in the beer industry in this state.
(2) To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public.
(3) To promote the public health, safety, and welfare.
(Acts 1988, No. 88-80, p. 87, §1.)
(a) The following words or phrases, or the plural thereof, whenever they appear in this chapter, unless the context clearly requires otherwise, shall have the meanings ascribed to them in this section:
(1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier.
(2) ANCILLARY BUSINESS. A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler or a substantial partner of a wholesaler which recycles empty beverage containers.
(3) DESIGNATED MEMBER. The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual’s ownership interest in the wholesaler under the terms of the deceased individual’s will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise, by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler’s business, or has succeeded to the deceased individual’s ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. Designated member also includes the person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler.
(4) GOOD FAITH. Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103.
(5) REASONABLE QUALIFICATIONS. The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler’s business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler’s business.
(6) RETALIATORY ACTION. Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith.
(7) SALES TERRITORY. An area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement.
(8) SUBSTANTIAL STOCKHOLDER or SUBSTANTIAL PARTNER. A stockholder of or partner in the wholesaler who owns an interest of 25 percent or more of the partnership or of the capital stock of a corporate wholesaler.
(9) SUPPLIER. A manufacturer or importer of beer licensed by the board.
(10) TRANSFER OF WHOLESALER’S BUSINESS. The voluntary sale, assignment or other transfer of all or control of the business or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler.
(11) WHOLESALER. A wholesaler of beer licensed by the board.
(b) Other words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, as amended, and any acts amendatory thereof, supplementary thereto or substituted therefor, unless the context clearly requires otherwise.
(Acts 1988, No. 88-80, p. 87, §2; Acts 1989, No. 89-525, p. 1074, §1.)
Each supplier of beer licensed by the board authorizing such licensee to sell its beer within the State of Alabama shall sell its beer through wholesaler licensees of the board, and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with the provisions of Act No. 84-374 (Acts 1984), appearing as Chapter 8, Title 28, as amended.
(Acts 1988, No. 88-80, p. 87, §3.)
A supplier is prohibited from doing the following:
(1) Fail to provide each wholesaler of the supplier’s brand or brands with a written agreement which contains in total the supplier’s agreement with each wholesaler, and designates a specific exclusive sales territory. Any agreement which is in existence on March 3, 1988, shall be renewed consistent with this chapter; provided, that this chapter may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of the chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 28-9-6 and 28-9-8.
(2) Fix, maintain, or establish the price at which a wholesaler shall sell any beer.
(3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of beer in the same territory or any portion thereof, or to sell directly to any retailer in this state.
(4) Coerce, or attempt to coerce, any wholesaler to accept delivery of any beer, or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers having an agreement with the supplier.
(5) Coerce, or attempt to coerce, any wholesaler to accept delivery of any beer, or other commodity ordered by a wholesaler if the order was canceled by the wholesaler.
(6) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler.
(7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler’s right to sell the brand or brands of beer or other products of any other supplier unless the acquisition of the brand or brands or products of another supplier would materially impair or adversely affect the wholesaler’s quality of service, sales or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler; provided the supplier shall have the burden of proving that such acquisition of such other brand or brands or products would have such effect.
(8) Require a wholesaler to purchase one or more brands of beer or other products in order for the wholesaler to purchase another brand or brands of beer for any reason. Provided, however, a wholesaler that has agreed to distribute a brand or brands before March 3, 1988, shall continue to distribute the brand or brands in conformance with this chapter.
(9) Request a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement.
(10) Withhold delivery of beer ordered by a wholesaler, or change a wholesaler’s quota of a brand or brands if the withholding or change is not made in good faith.
(11) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier.
(12) Take any retaliatory action against a wholesaler that files a complaint regarding an alleged violation by the supplier of federal, state or local law or an administrative rule.
(13) Require or prohibit, without just and reasonable cause, any change in the manager or successor manager of any wholesaler who has been approved by the supplier as of or subsequent to March 3, 1988. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material and reasonable standards and qualifications for managers of Alabama wholesalers of the supplier which standards and qualifications previously have been consistently applied to Alabama wholesalers by the supplier. Provided, however, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications which are nondiscriminatory, material and reasonable and have been consistently applied to Alabama wholesalers.
(14) Upon written notice of intent to transfer the wholesaler’s business, interfere with, prevent, or unreasonably delay (not to exceed 30 days) the transfer of the wholesaler’s business if the proposed transferee is a designated member.
(15) Upon written notice of intent to transfer the wholesaler’s business other than to a designated member, withhold consent to or approval of, or unreasonably delay (not to exceed 30 days after receipt of all material information reasonably requested) a response to a request by the wholesaler for, any transfer of a wholesaler’s business if the proposed transferee meets the nondiscriminatory, material and reasonable qualifications and standards required by the supplier for Alabama wholesalers. Provided, however, the supplier shall have the burden of proving that the proposed transferee does not meet such standards and qualifications which are nondiscriminatory, material and reasonable and have been consistently applied to Alabama wholesalers.
(16) Restrict or inhibit, directly or indirectly, the right of free association among wholesalers for any lawful purpose.
(Acts 1988, No. 88-80, p. 87, §4.)
A wholesaler is prohibited from doing the following:
(1) Fail to devote reasonable efforts and resources, within supplier’s designated sales territory, to the sale and distribution of all the supplier’s brands of beer which the wholesaler has been granted the right to sell or distribute.
(2) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer. Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a wholesaler who normally services the impacted sales territory shall file with the board and give to the affected supplier written notice designating the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will service the sales territory during the period of temporary service interruption and the approximate length of time of the service interruption. Each wholesaler designated to temporarily service the sales territory shall be a wholesaler who has a current written agreement with a supplier for the brand or brands affected. When the temporary service interruption is over, the wholesaler who normally services the sales territory shall notify in writing the board, the supplier and the wholesaler, or wholesalers, servicing the sales territory on a temporary basis of this fact, and any wholesaler servicing the sales territory on a temporary basis shall cease servicing the sales territory upon receipt of the notice. A wholesaler who is designated to service the impacted sales territory during the period of temporary service shall not be in violation of this chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 28-9-6 and 28-9-8.
(3) Transfer the wholesaler’s business without giving the supplier written notice of intent to transfer the wholesaler’s business and, where required by this chapter, receiving the supplier’s approval for the proposed transfer. Provided, consent or approval for the supplier shall not be required of any transfer of the wholesaler’s business to a designated member, or any transfer of less than control of the wholesaler’s business. Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
(Acts 1988, No. 88-80, p. 87, §5; Acts 1989, No. 89-525, p. 1074, §1.)
(a) Notwithstanding any agreement and except as otherwise provided for in this chapter, a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier has complied with all of the following:
(1) Has satisfied the applicable notice requirements of subsection (c) of this section.
(2) Has acted in good faith.
(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving that it has acted in good faith, that the notice requirements under this section have been complied with, and that there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.
(c) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(5) of this section, the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than 60 days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. The notice shall be by certified mail and shall contain all of the following:
(1) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement.
(2) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.
(3) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.
(d) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal, or discontinuance under subdivision (a)(3) of this section when all of the following occur:
(1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier.
(2) The supplier first acquired knowledge of the failure described in subdivision (1) not more than 18 months before the date notification was given pursuant to subdivision (a)(1) of this section.
(3) The wholesaler was given notice by the supplier of failure to comply with the agreement.
(4) The wholesaler was afforded a reasonable opportunity to assert good faith efforts to comply with agreement within the time limits as provided for in subdivision (d)(5) of this section.
(5) The wholesaler has been afforded 30 days in which to submit a plan of corrective action to comply with the agreement and an additional 120 days to cure such noncompliance in accordance with the plan.
(e) Notwithstanding subsections (a) and (c) of this section, a supplier may terminate, cancel, fail to renew, or discontinue an agreement immediately upon written notice given in the manner and containing the information required by subsection (c) of this section if any of the following occur:
(1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the wholesaler’s ability to remain in business.
(2) Revocation or suspension of the wholesaler’s state or federal license by the appropriate regulatory agency whereby the wholesaler cannot service the wholesaler’s sales territory for more than 61 days.
(3) The wholesaler, or a partner or an individual who owns 10 percent or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, shall have, subject to the provisions of this chapter, the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder and if the sale is completed prior to conviction the provisions of this subdivision (3) shall not apply.
(f) Notwithstanding subsections (a), (c) and (e) of this section, upon not less than 15 days’ prior written notice given in the manner and containing the information required by subsection (c) of this section, a supplier may terminate, cancel, fail to renew, or discontinue an agreement if any of the following events occur:
(1) There was intentional fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier. Provided, however, the supplier shall have the burden of proving intentional fraudulent conduct relating to a material matter on the part of the wholesaler.
(2) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. Provided this subdivision does not apply if there is a dispute between two or more wholesalers as to the boundaries of the assigned territory, and the boundaries cannot be determined by a reading of the description contained in the agreements between the supplier and the wholesalers.
(3) A wholesaler who has failed to pay for beer ordered and delivered in accordance with established terms with the supplier fails to make full payment within two business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
(4) A wholesaler intentionally has made a transfer of wholesaler’s business, other than a transfer to a designated member or pursuant to a loan agreement or debt instrument, without prior written notice to the supplier, and has failed, within 30 days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse said transfer of wholesaler’s business.
(5) A wholesaler intentionally has made a transfer of wholesaler’s business, other than a transfer to a designated member, although the wholesaler has prior to said transfer received from supplier a timely notice of disapproval of said transfer in accordance with this chapter.
(6) The wholesaler intentionally ceases, or ceases for a period of more than 61 days, to carry on business with respect to any of supplier’s brand or brands previously serviced by wholesaler in its territory designated by the supplier, unless such cessation is due to force majeure or to labor dispute and the wholesaler has made good faith efforts to overcome such events. Provided, however, this shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business.
(g) Notwithstanding subsections (a), (c), (e), and (f) of this section, a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than 30 days’ prior written notice if the supplier discontinues production or discontinues distribution in this state of all the brands sold by the supplier to the wholesaler. Provided, however, nothing in this section shall prohibit a supplier from: (1) upon not less than 30 days’ notice, discontinuing the distribution of any particular brand or package of beer; or (2) conducting test marketing of a new brand of beer or of a brand of beer which is not currently being sold in this state, provided that the supplier has notified the board in writing of its plans to test market, which notice shall describe the market area in which the test shall be conducted; the name or names of the wholesaler or wholesalers who will be selling the beer; the name or names of the brand of beer being tested; and the period of time, not to exceed 18 months, during which the testing will take place.
(Acts 1988, No. 88-80, p. 87, §6; Acts 1989, No. 89-525, p. 1074, §1.)
(a) Upon written notice of intent to transfer the wholesaler’s business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler’s business to a designated member, or to any other person who meets the nondiscriminatory, material and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business, including the assignment of wholesaler’s rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee (other than a designated member) who meets such nondiscriminatory, material and reasonable qualifications and standards. Provided, however, the supplier shall have the burden of proving that the proposed transferee fails to meet such qualifications and standards which are nondiscriminatory, material and reasonable and consistently applied to Alabama wholesalers by the supplier. Provided, such designated member or transferee shall in no event be qualified as a transferee, without the written approval or consent of the supplier, where such proposed transferee shall have been involved in any of the following:
(1) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of any assignment for the benefit of creditors; or
(2) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than 61 days; or
(3) Convicted of a felony under the United States Code or the laws of any state, which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or
(4) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.
(b) The supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler’s business, including an assignment of wholesaler’s rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for Alabama wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of wholesaler’s business or the assignment of wholesaler’s rights under the agreement. The supplier shall have the burden proving that it has acted in good faith and that there was good cause for failure to accept or consent to the transfer of the wholesaler’s business or the assignment of wholesaler’s rights under the agreement.
(Acts 1988, No. 88-80, p. 87, §7; Acts 1989, No. 89-525, p. 1074, §1.)
(a) Except as provided for in this chapter, a supplier that has amended, modified, canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign from an agreement; or has interfered with, prevented or unreasonably delayed, or where required by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler’s business, shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler’s business, including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler’s business or ancillary business shall include, but not be limited to, any good will. Provided, however, nothing contained in this chapter shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler’s business.
(b) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certified mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration. Arbitration shall proceed only by mutual agreement of both parties.
(c) Not more than 10 business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration. Should the other party fail to respond within the 10 business days, it shall be conclusively presumed that said party shall have agreed to arbitration.
(d) The matter of determining the amount of compensation may, by agreement of the parties, be submitted to a three-member arbitration panel consisting of one representative selected by the supplier but unassociated with the affected supplier; one wholesaler representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator.
(e) Not more than 10 business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one arbitrator representative and the party initiating arbitration shall request, in writing, a list of five arbitrators from the American Arbitration Association or its successor and request that the list shall be mailed to each party by certified mail, return receipt requested. Not more than 10 business days after the receipt of the list of five choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two names each from the list. Should either party fail to respond within the 10 business days or should more than one name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from said list.
(f) Not more than 30 days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute. The panel shall conclude the arbitration within 20 days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within 20 days from the conclusion of the arbitration. The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for said diminished value.
(g) The cost of the impartial arbitrator, the stenographer, and the meeting site shall be equally divided between the wholesaler and the supplier. All other costs shall be paid by the party incurring them.
(h) After both parties have agreed to arbitrate should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subsections (c), (e) and (f) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrator and proceed to arbitration. The party who has failed or refused to comply as prescribed in this section shall be considered to be in default. Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel.
(Acts 1988, No. 88-80, p. 87, §8; Acts 1989, No. 89-525, p. 1074, §1.)
A wholesaler may not waive any of the rights granted in any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
(Acts 1988, No. 88-80, p. 87, §9.)
(a) This chapter shall apply to agreements in existence on March 3, 1988, as well as agreements entered into or renewed after March 3, 1988.
(b) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer; provided, however, a transfer of a wholesaler’s business which requires supplier’s consent or approval but is disapproved by the supplier shall be null and void.
(c) A successor to a supplier that continues in business as a supplier shall be bound by all terms and conditions of each agreement of the supplier in effect on the date of succession.
(Acts 1988, No. 88-80, p. 87, §10.)
(a) If a supplier engages in conduct prohibited under this chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct.
(b) A supplier that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court’s discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court’s discretion, reasonable attorney fees incurred by the supplier as a result of that violation.
(c) This chapter imposes upon a supplier the duty to deal fairly and in good faith with a wholesaler which has entered into an agreement with the supplier to purchase and sell a brand or brands of beer sold by the supplier. Except as otherwise provided in this chapter, if a court finds that a supplier has intentionally, consciously or deliberately acted or failed to act which was not in good faith or was in bad faith either in (1) effecting an amendment, modification, termination, cancellation, or nonrenewal of any agreement; or (2) unreasonably interfering with, preventing or unreasonably delaying the transfer of the wholesaler’s business where approval of the proposed transferee is not required by this chapter; or (3) unreasonably withholding its consent to or approval of any assignment, transfer, or sale of a wholesaler’s business, where approval of the proposed transferee is required by this chapter; it may, upon proof thereof by clear and convincing evidence as defined in Section 6-11-20, award exemplary or punitive damages, as well as actual damages, court costs, and reasonable attorney fees to the wholesaler who has been damaged by the action or failure to act of the supplier. Such actions or failure to act on the part of the supplier shall constitute the tort of bad faith, and the amount of any award of punitive damages and the review thereof by the trial or appellate court shall be governed by the provisions of Section 6-11-25.
(d) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this chapter.
(e) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this chapter. If the court grants injunctive relief or issues a temporary restraining order, bond shall not be required to be posted.
(f) The remedies provided by this section are nonexclusive, and nothing contained herein shall abolish any cause of action or remedy available to the supplier or the wholesaler existing on March 3, 1988.
(g) Any legal action taken under this chapter, or in a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement shall be filed in a court, state or federal, located in Alabama, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
(Acts 1988, No. 88-80, p. 87, §11.)
This chapter may be cited as the “Alabama Responsible Vendor Act.”
(Acts 1990, No. 90-525, p. 767, §1.)
It is the intent of the Legislature through the provisions of this chapter:
(1) To eliminate the sale of alcoholic beverages to, and consumption of alcoholic beverages by underaged persons;
(2) To reduce intoxication and to reduce accidents, injuries, and deaths in the state which are related to intoxication; and
(3) To encourage alcoholic beverage vendors to be prudent in their selling practices and to restrict or reduce the sanctions that may be imposed in administrative proceedings by the Alcoholic Beverage Control Board against those vendors who comply with responsible practices in accordance with this chapter.
(Acts 1990, No. 90-525, p. 767, §2.)
The following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) BOARD. The Alcoholic Beverage Control Board of the State of Alabama.
(2) VENDOR. A person who is licensed by the board to sell alcoholic beverages for on-the-premises consumption and/or for off-the-premises consumption.
(Acts 1990, No. 90-525, p. 767, §3.)
The Alcoholic Beverage Control Board (the board) shall establish or cause to be established a responsible vendors program designed to encourage vendors and their employees and customers to treat alcoholic beverages in a responsible manner. The program must include, without limitation, comprehensive instruction on the prevention of the sale of alcoholic beverages to persons not of legal age.
(Acts 1990, No. 90-525, p. 767, §4.)
(a) A vendor who seeks to qualify as a responsible vendor must provide to the board, pursuant to procedures adopted by the board, evidence of compliance with the requirements of this chapter. Upon satisfactory proof that the vendor has complied with the requirements, the board shall certify the vendor as a responsible vendor. Certification as a responsible vendor shall be renewed annually.
(b) The board shall adopt rules and regulations for monitoring compliance by certified vendors and for revoking or suspending a vendor’s certification for noncompliance with this section. The board is hereby authorized to utilize nonlaw enforcement personnel to monitor and enforce compliance with this section.
(Acts 1990, No. 90-525, p. 767, §5.)
In order to qualify for certification, the vendor shall comply with the following requirements:
(1) Provide a course of instruction for its employees approved by the board which shall include subjects dealing with alcoholic beverages as follows:
a. Laws regarding the sale of alcoholic beverages for on-the-premises consumption and/or for off-the-premises consumption.
b. Methods of recognizing and dealing with underage customers.
c. The development of specific procedures for refusing to sell alcoholic beverages to underage customers; for assisting employees in dealing with underage customers; and for dealing with intoxicated customers.
(2) Require each employee who is authorized to sell alcoholic beverages in the normal course of his or her employment to complete the employee training course set out in subdivision (1) within 30 days of commencing employment. Responsible vendor training or testing may be conducted online by computer, in a classroom, or by live trainers. Any online training must include employee testing to pass. Nothing in this subdivision shall be construed to require an in-person test administrator or proctor.
(3) Require all trained employees to attend additional meetings at least semiannually or such other schedule of meetings as may be approved by the board, which meetings shall include the dissemination of existing and new information covering the applicable subjects specified in this section and explaining the vendor’s policies and procedures relating to those subjects.
(4) Maintain employment records of the training of its employees required by this section. The records may be maintained in a digital format provided the records may be produced within 48 hours at the request of the board.
(5) Post signs on the vendor’s premises informing customers of the vendor’s policy against selling alcoholic beverages to underaged persons.
(Acts 1990, No. 90-525, p. 767, §6; Act 2023-252, §1.)
(a) The license of a vendor certified as a responsible vendor under this chapter may not be suspended or revoked for an employee’s illegal sale of an alcoholic beverage to a person who is not of lawful drinking age if the employee had completed the applicable training prescribed by this chapter prior to committing such violation, unless the vendor had knowledge of the violation or should have known about such violation, or participated in or committed such violation. No vendor may use as a defense to decertification the fact that he was absent from the licensed premises at the time of noncompliance with this section.
(b) The board shall consider certification by a vendor in the responsible vendors program in mitigation of administrative penalties or fines for an employee’s illegal sale of an alcoholic beverage to a person who is not of lawful drinking age.
(Acts 1990, No. 90-525, p. 767, §7.)
There is hereby imposed on each licensee of the board who is licensed and applies for certification as a responsible vendor for the sale of alcoholic beverages for on-the-premises consumption and/or off-the-premises consumption a fee of $35.00 payable upon the issuance or renewal of such license. This amount is appropriated in addition to the general appropriation for the ABC Board. Any unexpended sums remaining at the end of the fiscal year shall not revert to the General Fund, but shall continue to be preserved for the administration of the program.
(Acts 1990, No. 90-525, p. 767, §8.)
It is the intent of the Legislature to prohibit access to tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years and prevent all of the following:
(1) The possibility of addiction to tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems by individuals under the age of 21 years.
(2) Potential health problems associated with the use of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems.
(3) The failure by this state to comply with federal guidelines or grant funding requirements, when applicable, which relate to the establishment by the state of programs and policies dealing with the sale of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems.
(Acts 1997, No. 97-423, p. 721, §1; Act 2021-453, §2.)
For purposes of this chapter, the following terms have the following meanings unless the context clearly indicates otherwise:
(1) ALTERNATIVE NICOTINE PRODUCT. Any product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. The term does not include a tobacco product, electronic nicotine delivery system, or any product that has been approved by the FDA for sale as a tobacco cessation product or for other medical purposes and that is being marketed and sold solely for that purpose.
(2) BOARD. The Alabama Alcoholic Beverage Control Board.
(3) CHILD-RESISTANT PACKAGING. Liquid nicotine container packaging meeting the requirements of 15 U.S.C. § 1472a.
(4) COMMISSIONER. The Commissioner of the Department of Revenue.
(5) DELIVERY SALE. The delivery sale of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products.
(6) DISTRIBUTION. To sell, barter, exchange, or give for promotional purposes or for gratis.
(7) ELECTRONIC NICOTINE DELIVERY SYSTEM. Any electronic device that uses a battery and heating element in combination with an e-liquid or tobacco, or substitutes thereof, to produce a vapor that delivers nicotine or other substances to the individual inhaling from the device to simulate smoking, and includes, but is not limited to, products that may be offered to, purchased by, or marketed to consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vape tool, vaping device, or any variation of these terms. The term also includes any e-liquid intended to be vaporized in any device included in this subdivision.
(8) ELECTRONIC NICOTINE DELIVERY SYSTEM RETAILER. Any retail business which offers for sale electronic nicotine delivery systems.
(9) E-LIQUID. A liquid that contains nicotine or other substances and may include flavorings or other ingredients that are intended for use in an electronic nicotine delivery system. The term includes e-liquid substitutes, tobacco substitutes, and any other product that may be used in conjunction with an electronic nicotine delivery system, or other substances. The term also includes “consumable vapor product” as the term is defined in Section 40-23-1.
(10) E-LIQUID MANUFACTURER. Any person who manufactures, fabricates, assembles, processes, mixes, prepares, labels, repacks, or relabels an e-liquid to be sealed in final packaging intended for consumer use. This term includes an owner of a brand or formula for an e-liquid who contracts with another person to complete the fabrication and assembly of the product to the brand or formula owner’s standards.
(11) FDA. The United States Food and Drug Administration.
(12) LIQUID NICOTINE CONTAINER. A bottle or other container of a liquid product that is intended to be vaporized and inhaled using an electronic nicotine delivery system. The term does not include a container holding liquid that is intended for use in a vapor product if the container is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer.
(13) MINOR. Any individual under 21 years of age.
(14) PERSON. Any natural person, firm, partnership, association, company, corporation, or other entity. The term does not include a manufacturer or wholesaler of tobacco or tobacco products nor does it include employees of the permit holder.
(15) PROOF OF IDENTIFICATION. Any one or more of the following documents used for purposes of determining the age of an individual purchasing, attempting to purchase, or receiving tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products:
a. A valid driver license issued by any state and bearing the photograph of the presenting individual.
b. A United States Uniform Service Identification and Privilege Card.
c. A valid passport.
d. A valid identification card issued by any state agency for the purpose of identification and bearing the photograph and date of birth of the presenting individual.
e. For legal mail order purposes only, a valid signed certification that will verify the individual is 21 years of age or older.
(16) RESPONSIBLE VENDOR PROGRAM. A program administered by the board to encourage and support vendors in training employees in legal and responsible sales practices.
(17) SAMPLER. Any business or person who distributes tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products for promotional purposes.
(18) SELF-SERVICE DISPLAY. A display that contains tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products and is located in an area openly accessible to purchasers at retail and from which the purchasers can readily access tobacco or tobacco products without the assistance of the tobacco permit holder or an employee of the permit holder. A display case that holds tobacco or tobacco products behind locked doors does not constitute a self-service display.
(19) SPECIALTY RETAILER OF ELECTRONIC NICOTINE DELIVERY SYSTEMS. A business establishment at which any of the following are true:
a. The trade name includes the words vape, vapor, or any variation of the terms which may indicate that the business sells electronic nicotine delivery systems, e-liquids, or alternative nicotine products.
b. The provided list of intended inventory includes 50 percent or more of electronic nicotine delivery systems or alternative nicotine products, or both, by quantity, by value, or both.
c. At any time after a permit has been issued, the inventory maintained by the business includes 50 percent or more of electronic nicotine delivery systems or alternative nicotine products, or both, by quantity, by value, or both.
d. Twenty percent or more of the public retail floor space is allocated for the offering, displaying, or storage of electronic nicotine delivery systems.
e. Twenty percent or more of the total shelf space, including retail floor shelf space and shelf space in areas accessible only to employees, is allocated for the offering, displaying, or storage of electronic nicotine delivery systems.
f. The retail space features a self-service display for electronic nicotine delivery systems.
g. Samples of electronic nicotine delivery systems are offered to customers.
h. Liquids intended to be vaporized through the use of an electronic nicotine delivery system may be produced at the facility or may be produced by the owner of the establishment or any of its agents or employees.
(20) TOBACCO or TOBACCO PRODUCT. Any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product, except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product, but does not include an article that is a drug under Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act, a device under Section 201(h) of the Federal Food, Drug, and Cosmetic Act, or a combination product described in Section 503(g) of the Federal Food, Drug, and Cosmetic Act.
(21) TOBACCO PERMIT. A permit issued by the board to allow the permit holder to engage in the distribution of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products at the location identified in the permit.
(22) TOBACCO SPECIALTY STORE. A business that derives at least 75 percent of its revenue from tobacco or tobacco products.
(23) TOBACCO SUBSTITUTE. Products, including electronic nicotine cigarettes or other electronic or battery-powered devices, which contain or are designed to deliver nicotine or other substances into the body through the inhalation of vapor and which have not been approved by the FDA for tobacco cessation or other medical purposes.
(Acts 1997, No. 97-423, p. 721, §2; Act 2009-578, p. 1697, §1; Act 2013-383, p. 1438, §1; Act 2019-233, §2; Act 2021-453, §2; Act 2025-403, §1; Act 2025-377, §7.)
The board, in conjunction with federal, state, and local law enforcement agencies, shall enforce state and federal laws that prohibit the distribution of tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems to individuals under 21 years of age. Notwithstanding the foregoing, for purposes of inspections and enforcement actions undertaken pursuant to this section, individuals under 21 years of age may be enlisted to attempt to purchase or purchase tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems. Individuals under 18 years of age shall have the prior written consent of a parent or legal guardian and shall be directly supervised during the conduct of each inspection or enforcement action by an enforcement agent of the board or a law enforcement officer.
(Acts 1997, No. 97-423, p. 721, §3; Act 2021-453, §2; Act 2025-403, §1.)
Pursuant to its rulemaking authority, the board shall adopt rules that have the full force and effect of law, for purposes of the following:
(1) Establishing permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products.
(2) Preventing the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products to individuals under the age of 21 years.
(3) Conducting annual random compliance tests to assure compliance with applicable state and federal laws and guidelines regarding the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products. The tests involving any person or location engaged in the distribution of tobacco may utilize individuals under the age of 21 years.
(Acts 1997, No. 97-423, p. 721, §4; Act 2019-233, §2; Act 2021-453, §3.)
The board may use funding, if available, from the Department of Mental Health, other state or federal agencies, grants, and private or public organizations to enforce this chapter and to provide and distribute prevention materials related to tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems to retail tobacco merchants and specialty retailers of electronic nicotine delivery systems. The materials shall provide information regarding state and federal laws that prohibit access to tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems by individuals under 21 years of age and other appropriate information. The board may also provide consultation services for establishing programs to minimize or eliminate sales of tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems to individuals under 21 years of age pursuant to the responsible vendor program.
(Acts 1997, No. 97-423, p. 721, §5; Act 2021-453, §4; Act 2025-403, §1.)
No tobacco or tobacco product, except cigars, shall be distributed unless in an original factory-wrapped container. This prohibition also applies to the distribution of single cigarettes and packages containing less than 20 cigarettes.
(Acts 1997, No. 97-423, p. 721, §6.)
No tobacco, tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system shall be distributed by use of a vending machine.
(Act 2009-578, p. 1697, §2; Act 2021-453, §4; Act 2025-403; §1.)
(a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be sold, offered for sale, furnished, or given away at retail through a self-service display unless the display is located in a tobacco specialty store or at a specialty retailer of electronic nicotine delivery systems and is located in an area in which individuals under 21 years of age are not permitted access.
(b) A violation of this section shall be subject to the penalties provided in Section 28-11-9.
(Act 2009-578, p. 1697, §2; Act 2021-453, §4; Act 2025-403, §1.)
(a) Any person who distributes tobacco, tobacco products, or non-vapor based alternative nicotine products within this state shall first obtain a permit from the board for each location of distribution. Upon application, there shall be a one-time, nonrefundable filing fee of fifty dollars ($50), in addition to a permit fee of one hundred fifty dollars ($150), which shall be renewed annually. The one-time filing fee shall apply only to new applicants for a permit on or after June 1, 2025.
(b) No person may maintain a tobacco, tobacco product, electronic nicotine delivery system, e-liquid, or alternative nicotine product vending machine.
(c) A permit shall be valid only for the location specified in the permit application.
(d) If a location for which a permit has been obtained is sold or transferred, the permit, after submission of an application to transfer and a transfer fee of fifty dollars ($50), may be transferred to the person obtaining control of the location, subject to approval by the board. The transferee shall meet all requirements established by the rule of the board required for a permit holder. The permitted transfer shall be effective for the duration of the license year, and the transferee shall renew the permit annually as provided in subsection (a). If a permitted business moves to a new location within the same governing jurisdiction, the business owner may apply for a location transfer as provided in this subsection. No more than one of each transfer type shall occur during a permit year.
(e) If feasible, the board, by rule, may adopt procedures for the issuance and renewal of permits which combine tobacco permit procedures with the application and licensing procedures for alcoholic beverages.
(f) All monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.
(Acts 1997, No. 97-423, p. 721, §7; Act 2019-233, §2; Act 2025-403, §1; Act 2025-377, §7.)
(a) A person desiring to operate as a specialty retailer of electronic nicotine delivery systems shall apply for a permit from the board. The board, by rule, shall establish requirements for the permit, which shall include an application fee of fifty dollars ($50). On approval by the board, the person shall pay to the board a permit fee of one thousand dollars ($1,000), which shall be renewed annually. All fees collected by the board under this section shall be deposited into the Vaping Licensing and Enforcement Fund under Section 28-11-10.
(b) A permit issued under this section shall be valid only for one location specified in the permit application.
(c)(1) Except as provided in subdivision (2), e-liquids, electronic nicotine delivery systems, and vapor-based alternative nicotine products may only be sold at retail by a permitted specialty retailer of electronic nicotine delivery systems.
(2) An e-liquid, electronic nicotine delivery system, or vapor-based alternative nicotine product that has received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) authorizing the product to be introduced or delivered for introduction into interstate commerce may be sold by a person permitted under Section 28-11-7.
(d) No specialty retailer of electronic nicotine delivery systems shall allow anyone under 21 years of age to be within the retail establishment. Each specialty retailer of electronic nicotine delivery systems, as a condition of entry into the retail establishment, shall require each patron to verify his or her age using a third-party age verification service approved by the board. The age verification service shall require the presentation and electronic scanning of the patron’s driver license or nondriver identification card as a condition of entry into the retail establishment.
(e) Any person who violates this section shall be punished as provided in Section 28-11-9(e).
(Act 2025-403, §2.)
(a) It shall be unlawful for any person to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining and displaying a valid permit by January 1, 1998, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of tobacco products at retail or in vending machines or self-service displays of the requirements of this law. Failure to obtain or display a valid permit pursuant to this chapter after January 1, 1998, shall constitute a misdemeanor offense.
(b) It shall be unlawful for any person to sell or offer for sale electronic nicotine delivery systems or alternative nicotine products without first obtaining the appropriate permit from the board. Failure to obtain or display a valid permit by October 30, 2019, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of alternative nicotine products at retail or in vending machines or self-service displays of the requirements of this law. Selling or offering for sale electronic nicotine delivery systems or alternative nicotine products without obtaining and displaying a valid permit issued pursuant to this chapter by October 30, 2019, shall be a Class C misdemeanor.
(c) Each violation for selling tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products without a valid permit shall be treated as a separate offense and be punishable as follows: For the first violation by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for each subsequent violation by a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500).
(Acts 1997, No. 97-423, p. 721, §8; Act 2009-578, p. 1697, §1; Act 2019-233, §2.)
(a) Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter.
(1) The board may appoint a hearing commission of at least three individuals which may do all of the following:
a. Hear and decide all contested applications for permits.
b. Hear and decide all charges against any permit holder or employee of a permit holder for violations of this chapter, the law, or the rules of the board.
c. Revoke or suspend permits as provided in this chapter.
d. Levy administrative fines upon permit holders.
(2) No member of the hearing commission shall participate in the hearing or disposition of any application for a permit or charge against a permit holder or an employee of a permit holder if he or she has an interest therein or was involved in the investigation.
(b) The board, or a hearing commission appointed by the board, upon finding that a permit holder or any partner, member, employee, officer, or director of the permit holder has violated any of the laws of this state or the United States relating to the manufacture, sale, possession, or transportation of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products, or that the permit holder has acted in a manner prejudicial to the welfare, health, peace, temperance, and safety of the people of the community or of the state, upon due notice and hearing, may levy administrative fines or suspend or revoke the permit issued by the board, or a combination of all three. In all cases where the board or hearing commission levies an administrative fine or suspends or revokes a permit, the board shall set forth its findings of fact, the evidence from which the findings of facts are made, and the reasons upon which its actions are based.
(c) The fines as specified in subsection (e) shall be applicable per each violation. The permit holder shall remit the administrative fine to the board within seven calendar days from the day that the administrative fine is levied. Failure by the permit holder to pay the administrative fine within that time period shall result in an automatic suspension of the permit until the administrative fine is paid.
(d) The maximum length of suspension of a permit pursuant to this chapter shall be one year. A permit holder shall be ineligible to hold a permit pursuant to this chapter for the location where the violation occurred until the expiration or removal of the suspension. A permit holder whose permit is revoked by the board or the hearing commission shall be, at the discretion of the board or hearing commission, ineligible to hold a permit pursuant to this chapter until the expiration of one year from the date the permit is revoked at the location where the violation occurred.
(e) The following administrative penalties shall be levied for violations of this chapter:
(1) For a first violation at a location in a two-year period, the board or hearing commission may levy a fine against the permit holder of not more than one thousand dollars ($1,000).
(2) For a second violation at the same location within a two-year period, the board or hearing commission shall levy an administrative fine upon the permit holder of not more than two thousand five hundred dollars ($2,500).
(3) For a third or subsequent violation at the same location within a two-year period, the board or hearing commission shall levy an administrative fine upon the permit holder of not more than five thousand dollars ($5,000) and shall revoke the permit. A permit may not be reissued at the location, regardless of change in ownership, at anytime during the revocation period.
(f) Before imposition of any administrative penalty, the permit holder shall be afforded all procedural rights to due process in addition to those rights guaranteed by the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(g) All fines and other monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.
(Acts 1997, No. 97-423, p. 721, §9; Act 2019-233, §2; Act 2025-403, §1.)
The Vaping Licensing and Enforcement Fund is created in the State Treasury. All fees and other monies collected pursuant to this chapter shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12. Monies in the fund shall be distributed as follows:
(1) Forty percent to the Licensing and Compliance Division of the board for operational costs of enforcing this chapter and providing tobacco and nicotine prevention education.
(2) Twenty percent to the Public Safety Fund of the Alabama State Law Enforcement Agency to be used for the enforcement of this chapter.
(3) Twenty percent to the State Board of Education for the establishment and administration of vape awareness, education, and prevention programs and the provision of drug education and prevention curriculum, as provided in Section 16-41A-1.
(4) Twenty percent to the Unified Judicial System for the provision of drug education and prevention curriculum and court-ordered nonresidential addiction or substance abuse rehabilitation courses under Section 28-11-13(d).
(Acts 1997, No. 97-423, p. 721, §10; Act 2025-403, §1.)
The board shall issue an annual report to the Governor, the Legislature, and the Attorney General concerning compliance by state retail merchants with this chapter. The report shall contain all of the following:
(1) The total number of retail distributors of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products categorized by type of retail outlet.
(2) The number of citations reported to the board, categorized by type of retail outlet.
(3) The total number of successful compliance checks, categorized by type of retail outlet.
(4) The extent and nature of organized educational and government activities intended to promote, encourage, or otherwise secure compliance with state and federal laws prohibiting the sale or distribution of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years.
(5) Information as to the level of access and availability of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years.
(6) Noted impediments to implementation of this chapter, as well as recommendations for alleviating the same.
(Acts 1997, No. 97-423, p. 721, §11; Act 2019-233, §2; Act 2021-453, §5.)
(a) An advisory board shall be established to monitor the implementation of this chapter. The advisory board shall meet at least quarterly. Representation shall consist of one representative from each of the following:
(1) The Office of the Governor.
(2) The Office of the Attorney General.
(3) The Department of Mental Health.
(4) The Department of Public Health.
(5) The Alcoholic Beverage Control Board.
(6) The Senate as appointed by the President Pro Tempore of the Senate.
(7) The House of Representatives as appointed by the Speaker of the House of Representatives.
(8) The Alabama State Law Enforcement Agency.
(9) The Department of Revenue.
(10) The Alabama Chapter of the American Academy of Pediatrics, as appointed by the entity.
(11) The Executive Director of Children First.
(b) The appointing authorities of the advisory board shall coordinate their appointments to assure membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(c) The chair of the advisory board shall be a representative from the board who shall be responsible for the conduct of the meetings and any correspondence derived therefrom.
(d) Other than the legislative appointees, each representative shall be appointed by his or her respective department head, and shall hold the appointment for a one-year term.
(e) A representative may be reappointed as deemed appropriate by his or her department head, or in the case of legislative appointees, the President Pro Tempore of the Senate or Speaker of the House of Representatives.
(f) The advisory board may issue written recommendations for program modification to the board.
(Acts 1997, No. 97-423, p. 721, §12; Act 2025-403, §1.)
(a)(1) It is unlawful for any individual under 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, alternative nicotine product, e-liquid, tobacco substitute, or an electronic nicotine delivery system or other electronic battery-powered device capable of being used to deliver any e-liquid or e-liquid substitute; tobacco or tobacco substitute; CBD oil or THC oil; liquid that contains cannabinoids derived from or found in hemp which is intended for use in an electronic nicotine delivery system; herbal extract; or nicotine salt, or any analog of the foregoing; or any other substance to the individual through the inhalation of vapor within this state.
(2) For purposes of this subsection, a violation is committed upon mere possession of an electronic nicotine delivery system or other electronic battery-powered device as described in subdivision (1), irrespective of which particular e-liquid or other substance, if any, was contained or otherwise used in the device.
(b) Notwithstanding subsection (a), an individual under 21 years of age who is an employee of a tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product permit holder may handle, transport, or sell tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative tobacco product, provided the employee is acting within the line and scope of employment and the permit holder, or an employee of the permit holder who is 21 years of age or older, is present.
(c) It is unlawful for any individual under 21 years of age to present or offer to another individual proof of identification that is false, fraudulent, or not actually his or her own proof of identification in order to buy, receive, or otherwise obtain, or attempt to buy, receive, or otherwise obtain, any tobacco, tobacco product, electronic nicotine delivery system, e-liquid, or alternative nicotine product.
(d) Except as otherwise provided, a violation of this section by an individual under 19 years of age shall constitute a delinquent act and the individual shall be subject to the exclusive jurisdiction of the juvenile court. Any violation of this section shall be punished as follows:
(1) For a first violation, the individual’s parent or legal guardian shall be notified and the court shall require the individual to attend an in-person vaping awareness, education, and prevention class as described in Section 16-41A-1(d).
(2) For a second violation, the individual’s parent or legal guardian shall be notified and the court shall require the individual to attend a nonresidential addiction or substance abuse rehabilitation course approved by the court and the Department of Public Health. The course shall be at no cost to the individual. The course may be in-person or online. The cost of the treatment shall be paid out of the Vaping Licensing and Enforcement Fund pursuant to Section 28-11-10(4).
a. If the individual is under 19 years of age, the individual’s parent or legal guardian must attend the course with the individual.
b. If the individual is 19 or more years of age, the court shall require the individual to attend the course with a rehabilitation sponsor approved by the court. Any of the following may serve as a rehabilitation sponsor subject to approval by the court: a parent or legal guardian, school counselor, teacher, school administrator, member of the clergy, or other individual approved by the court.
(3) No court costs or fees may be assessed under this subsection.
(e) If a minor is cited for any violation under this section, the citing agency shall make reasonable efforts to notify a parent, legal guardian, or legal custodian of the minor unless the minor has been emancipated by court order or operation of law.
(f) Nothing in this section shall apply to devices used to deliver medication prescribed or ordered by a physician licensed to practice medicine in this state.
(Acts 1997, No. 97-423, p. 721, §13; Act 2009-578, p. 1697, §1; Act 2013-383, p. 1438, §1; Act 2019-233, §2; Act 2021-453, §5; Act 2024-79, §1; Act 2025-403, §1.)
(a)(1) Any tobacco, tobacco product, alternative nicotine product, e-liquid, electronic nicotine delivery system, or false proof of identification found in the possession of an individual under 21 years of age is contraband and subject to seizure by any law enforcement officer.
(2) Prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products kept, stored, or deposited in any place in this state for the purpose of unlawful sale or unlawful disposition or unlawful furnishing or distribution, and the vessels and receptacles in which the products are contained are declared to be contraband and shall be seized and forfeited to the state and may be condemned for destruction pursuant to the procedures set out in Article 11 of Chapter 4 concerning alcoholic beverages.
(3) Prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products may be searched for, seized, and ordered to be destroyed pursuant to the procedures set out in Article 11 of Chapter 4 concerning alcoholic beverages.
(b) In any criminal prosecutions against a person for a violation of this chapter, on conviction, the court may order the destruction of any prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products which were: (i) sold, offered for sale, possessed, or otherwise disposed of by the defendant; (ii) employed by the defendant for use or disposition at any unlawful establishment by the defendant; (iii) possessed or used in conducting the business of a tobacco dealer; or (iv) used as evidence in the case.
(c) All fixtures, equipment, materials, and personal property used in substantial connection with the sale or possession of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products involved in a violation of this chapter shall be subject to the same seizure and forfeiture procedures as provided pursuant to Article 11 of Chapter 4.
(d) The board shall dispose of electronic nicotine delivery systems, e-liquids, and alternative nicotine products seized under this chapter by destruction as provided by rule of the board. Any person from whom an electronic nicotine delivery system, e-liquid, or alternative nicotine product is seized and destroyed pursuant to this section shall be subject to a fee, to be determined based on the cost of the destruction and disposal of the electronic nicotine delivery system, e-liquid, or alternative nicotine product as hazardous waste.
(e) Nothing in this section shall apply to any manufacturer of alternative nicotine products that were commercially marketed in the United States before February 15, 2007.
(Acts 1997, No. 97-423, p. 721, §14; Act 2009-578, p. 1697, §1; Act 2021-453, §6; Act 2025-403, §1.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2025-403, EFFECTIVE JUNE 1, 2025.
(Acts 1997, No. 97-423, p. 721, §15; Act 2009-578, p. 1697, §1; Act 2021-453, §6; Act 2025-403, §5.)
(a)(1) A retailer or manufacturer of electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise an electronic nicotine delivery system, e-liquid, or an alternative nicotine product in any of the following ways:
a. As a tobacco cessation product.
b. As a healthier alternative to smoking.
c. As available for purchase in any variety of flavors other than tobacco, mint, or menthol on any outdoor billboard.
d. On any outdoor billboard located within 1,000 feet of any public or private K-12 school or public playground.
(2) Paragraphs (1)a. and (1)b. are not applicable to products that have received an order from the FDA permitting the product to be marketed as a modified risk tobacco product and are marketed in accordance with that order.
(b)(1) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not in any way sponsor, finance, or advertise a scholarship of any kind using the brand name of any tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system.
(2) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not use the brand name of any tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system to advertise at or sponsor any event at a stadium, concert, sporting event, or other public performance event for which individuals 21 years of age or older make up less than 85 percent of the total age demographic of individuals performing at the event.
(3) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise a tobacco product, electronic nicotine delivery system, e-liquids, or alternative nicotine product in a newspaper, magazine, periodical, or other print or digital publication distributed in this state for which less than 85 percent of the viewership or readership of the publication is made up of individuals 21 years of age or older as measured by competent and reliable survey evidence.
(c)(1) A violation of subsection (a) or subsection (b) shall result in a three hundred dollar ($300) fine for the first occurrence.
(2) A second or subsequent violation of subsection (a) or subsection (b) shall result in a seven hundred fifty dollar ($750) fine per occurrence.
(3) Each day a violation of subsection (a) or subsection (b) persists shall constitute a separate and subsequent violation.
(d) A retailer or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise, market, or offer for sale tobacco, a tobacco product, an electronic nicotine delivery system, an e-liquid, or an alternative nicotine product in any of the following ways:
(1) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, the terms “candy” or “candies,” any variant of these words, or any other term referencing a type or brand of candy, including types or brands of candy that do not include the words “candy” or “candies” in their names or slogans.
(2) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, the terms “cake” or “cakes” or “cupcake” or “cupcakes” or “pie” or “pies,” any variant of these words, or any other term referencing a type or brand of cake, pastry, or pie, including types or brands of cakes, pastries, or pies that do not include the words “cake” or “cakes” or “cupcake” or “cupcakes” or “pie” or “pies” in their names or slogans.
(3) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that imitates or replicates those of food brands or other related products that are marketed to minors, including, but not limited to, breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops.
(4) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that depicts or signifies characters or symbols that are known to appeal primarily to minors, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery.
(e) The board may adopt rules to implement this section, including rules regarding the suitability of labels and procedures to reject advertising that appeals to minors, including, but not limited to, the design of a product, its packaging, or its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery. The board may adopt rules to implement an appeal process to review any labels that are denied.
(f) Any item found in violation of subsection (d) is a prohibited item and shall be considered contraband and may be seized as provided by Section 28-11-14 by an agent of the board or any law enforcement officer.
(g) A specialty retailer of electronic nicotine delivery systems may have a sign indicating the trade name of the business. However, no additional signs, banners, or flashing lights of any kind may be visible to the public from outside of the business advertising that the business sells electronic nicotine delivery systems, alternative nicotine products, or e-liquids, including any depictions or representations of any such products.
(h) All fines and other monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.
(Act 2019-233, §3; Act 2021-453, §6; Act 2025-403, §1.)
(a) It is unlawful to distribute, sell, or offer for sale any electronic nicotine delivery system or alternative nicotine product that cannot be legally marketed under federal law or FDA rule, regulation, or guidance.
(b) Each violation of subsection (a) shall be a Class C misdemeanor.
(Act 2019-233, §3.)
(a)(1) Beginning October 1, 2025, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, whichever is later, every e-liquid manufacturer and manufacturer of alternative nicotine products whose products are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the commissioner, a certification to the commissioner certifying, under penalty of perjury: (i) whether the product contains any synthetic nicotine or nicotine derived from a source other than tobacco; (ii) where the product was manufactured; and (iii) that any of the following apply:
a. The product: (i) was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order pursuant to 21 U.S.C. § 387j for the e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, whichever is applicable, by submitting a premarket tobacco product application on or before September 9, 2020, to the FDA; or (ii) is an alternative nicotine product that was on the market in the United States as of April 14, 2022, and the manufacturer applied for a marketing order pursuant to 21 U.S.C. § 387j on or before May 14, 2022; and either of the following is true:
The premarket tobacco product application for the product remains under review by the FDA.
The FDA has issued a no marketing order for the e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, whichever is applicable, from the FDA; however, the agency or a federal court has issued a stay order or injunction during the pendency of the manufacturer’s appeal of the no marketing order.
b. The manufacturer has received a marketing order or other authorization under 21 U.S.C. § 387j for the e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, whichever is applicable, from the FDA.
c. For electronic nicotine delivery systems and e-liquid products containing nicotine derived from tobacco or any other source, the product was commercially marketed in the United States as of April 14, 2022, and the manufacturer applied for a marketing order pursuant to 21 U.S.C. § 387j on or before May 14, 2022.
(2) In addition to the requirements in subdivision (1), each manufacturer shall provide:
a. A copy of the cover page of the premarket tobacco application with evidence of receipt of the application by the FDA or a copy of the cover page of the marketing order or other authorization issued pursuant to 21 U.S.C. § 387j, whichever is applicable;
b. Information that clearly identifies each product, submission tracking number (STN), product name, product subcategory, characterizing flavor, and product SKU number.
(3) Notwithstanding subsection (h), if an alternative nicotine product manufacturer can demonstrate to the commissioner that an alternative nicotine product was on the U.S. market as of April 14, 2022, and the manufacturer applied for a premarket tobacco product application (PMTA) prior to May 14, 2022, pursuant to federal law, and the PMTA remains under review by the FDA, the alternative nicotine product shall be added to the directory upon request by the manufacturer if the manufacturer provides the Alabama Department of Revenue with the alternative nicotine product’s FDA submission tracking number (STN), as received by the manufacturer after proper PMTA filing.
(4) To the extent that 21 U.S.C. § 387j is amended or subsequent regulations or other official federal guidance is issued that changes compliance requirements or standards for an e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product to become federally compliant, each manufacturer of an e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, as applicable, that is sold for retail sale in Alabama shall submit documentation to the commissioner substantiating compliance with the new federal requirements or standards within 30 days of when compliance with the requirement or standard is mandated. Failure to substantiate compliance with new federal requirements or standards shall be grounds for removal of the manufacturer and its e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, as applicable, from the directory established pursuant to subsection (d).
(b) Any manufacturer submitting a certification pursuant to subsection (a) shall notify the commissioner within 30 days of any material change to the certification, including issuance by the FDA of any of the following:
(1) A market order or other authorization pursuant to 21 U.S.C. § 387j.
(2) An order requiring a manufacturer to remove a product from the market either temporarily or permanently.
(3) Any notice of action taken by the FDA affecting the ability of the new product to be introduced or delivered into interstate commerce for commercial distribution.
(4) Any change in policy that results in a product no longer being exempt from federal enforcement oversight.
(c) The commissioner shall develop and maintain a directory listing all e-liquid manufacturers and manufacturers of alternative nicotine products that have provided certifications that comply with subsection (a) and all products that are listed in those certifications.
(d) The commissioner shall do all of the following:
(1) Make the directory available for public inspection on its website by May 1, 2022.
(2) Update the directory as necessary in order to correct mistakes and to add or remove e-liquid manufacturers, manufacturers of alternative nicotine products, or products manufactured by those manufacturers consistent with the requirements of subsections (a) and (b) on a monthly basis.
(3) Remove from the directory any product that the board determines is a prohibited item pursuant to this section or Section 28-11-16(d).
(4) Send monthly notifications to each wholesaler, jobber, semijobber, retailer, importer, or distributor of tobacco products that have qualified or registered with the Department of Revenue, by electronic communication, containing a list of all changes that have been made to the directory in the previous month. In lieu of sending monthly notifications, the commissioner may make the information available in a prominent place on the Department of Revenue’s public website.
(e) Information required to be listed in the directory shall not be subject to the confidentiality and disclosure provisions in Section 40-2A-10.
(f) Notwithstanding subsection (a), if an e-liquid manufacturer or manufacturer of alternative nicotine products can demonstrate to the commissioner that the FDA has issued a rule, guidance, or any other formal statement that temporarily exempts a product from the federal premarket tobacco product application requirements, the product may be added to the directory upon request by the manufacturer if the manufacturer provides sufficient evidence that the product is compliant with the federal rule, guidance, or other formal statement, as applicable.
(g) Each certifying e-liquid manufacturer and manufacturer of alternative nicotine products shall pay an initial fee of two thousand dollars ($2,000) to offset the costs incurred by the department for processing the certifications and operating the directory. The commissioner shall collect an annual renewal fee of five hundred dollars ($500) to offset the costs associated with maintaining the directory and satisfying the requirements of this section. The fees received under this section by the department shall be used by the department exclusively for processing the certifications and operating and maintaining the directory. After the payment of these expenses, one-half of the remaining funds shall be deposited into the State General Fund, and the remaining one-half shall be distributed evenly to the Alabama State Law Enforcement Agency and to the Licensing and Compliance Division of the board to be used for the enforcement of this chapter.
(h) Beginning on September 1, 2021, no e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product that, in the case of any such product, contains synthetic nicotine or nicotine derived from a source other than tobacco may be sold or otherwise distributed in this state without either first: (i) certifying that a premarket tobacco product application was successfully submitted to the FDA and accepted for filing by May 14, 2022, in accordance with the applicable requirements under Section 201(rr) of the Federal Food, Drug, and Cosmetic Act; or (ii) obtaining approval from the FDA for sale as a drug under Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act, as a device under Section 201(h) of the Federal Food, Drug, and Cosmetic Act, as a combination product described in Section 503(g) of the Federal Food, Drug, and Cosmetic Act, or for some other medical purpose.
(i)(1) An e-liquid manufacturer or manufacturer of alternative nicotine products or electronic nicotine delivery systems who sells, furnishes, or gives away a product not listed on the directory is subject to a one thousand dollar ($1,000) daily fine for each product offered for sale in violation of this section until the offending product is removed from the market or until the offending product is properly listed on the directory. For purposes of this subdivision, “sale” includes a delivery sale of e-liquids or electronic nicotine delivery systems or alternative nicotine products, as defined under this chapter.
(2) Any other violation of this section shall result in a fine of five hundred dollars ($500) per offense.
(j)(1) When any retail permit holder offers for sale a product not listed on the directory, the board shall assess the following administrative penalties:
a. For a first offense within a four-year period, an administrative penalty of one thousand dollars ($1,000).
b. For a second offense within a four-year period, an administrative penalty of two thousand five hundred dollars ($2,500).
c. For a third or subsequent offense within a four-year period, an administrative penalty of five thousand dollars ($5,000). In addition, the board shall revoke the permit of the permit holder and no permit may be issued at the location for a minimum of one year after the date of revocation.
(2) All products offered for sale and not listed on the directory shall be considered a prohibited item and declared to be contraband and may be seized and forfeited as provided in Section 28-11-14 by agents of the board or any law enforcement officer.
(k) Any fine collected for a violation of this section shall be deposited into the Vaping Licensing and Enforcement Fund under Section 28-11-10.
(l) Nothing in this section shall apply to any manufacturer of alternative nicotine products that were commercially marketed in the United States before February 15, 2007.
(m) The Alcoholic Beverage Control Board and the Commissioner of Revenue shall adopt rules for the implementation and enforcement of this section.
(Act 2021-453, §7; Act 2025-377, §7; Act 2025-403, §1.)
(a)(1) The Legislature finds and declares the following:
a. Electronic nicotine delivery systems, commonly called electronic cigarettes or e-cigarettes, or simply “vapes,” are battery-powered devices that use a heating mechanism to vaporize a mixture containing nicotine or other chemicals with the intent that the vapor be inhaled.
b. E-cigarettes are inherently harmful. The main ingredient, nicotine, is highly addictive, and the amounts of nicotine are largely unregulated. A single e-cigarette can have as much nicotine as hundreds of traditional cigarettes. Scientific studies have shown that the most commonly used organic solvent of e-cigarette oil, propylene glycol, has been shown to form carcinogens including formaldehyde when oxidized. The components of e-cigarettes contain varying amounts of carcinogenic metals, the most common of which are chromium, nickel, and aluminum which, when heated, can be released into the device and enter the user’s body.
c. E-liquids manufactured in foreign countries are notorious for being manufactured with pesticide-grade nicotine, industrial propylene glycol, and other highly harmful chemicals to the human body. There have been numerous reports of these foreign products being fraudulently labeled to bypass customs enforcement and regulators.
d. There are thousands of different types of e-cigarettes and varying e-liquids sold in the United States today, but only an extremely small fraction of this amount has actually received approval from the federal Food and Drug Administration.
e. The FDA has largely been silent in its role as industry regulator, and has not acted to remove unlawful vaping products from the shelves of retailers, nor has it acted to properly approve or disapprove vaping products for retail sale in the United States.
(2) Based on the foregoing, the Legislature declares that the health, safety, and welfare of the residents of the State of Alabama requires that until the FDA begins to effectively regulate vaping products in the United States, this state must restrict and prohibit the sale of foreign vaping products.
(b) Beginning October 1, 2025, no e-liquid, electronic nicotine delivery system, or alternative nicotine product may be added to the Electronic Nicotine Delivery System (ENDS) Directory maintained by the Department of Revenue pursuant to Section 28-11-17.1 unless either of the following apply:
(1) The product and its components are made, packaged, labeled, and manufactured in the United States.
(2) The manufacturer of the product has received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) authorizing the product to be introduced or delivered for introduction into interstate commerce.
(c) The Department of Revenue may require a manufacturer, wholesaler, or distributor of an e-liquid, electronic nicotine delivery system, or alternative nicotine product to certify under penalty of perjury that its products are in compliance with subdivision (b)(1).
(Act 2025-403, §2.)
(a) All liquid nicotine containers offered for sale that are intended to be vaporized in an electronic nicotine delivery system shall be contained in child-resistant packaging.
(b) A retailer of tobacco, tobacco products, alternative nicotine products, e-liquids, or electronic nicotine delivery systems shall display in a prominent area of the retail store near the point of sale, an 8 1/2 x 11 inch sign or signs containing the following statements:
(1) “ALABAMA LAW STRICTLY PROHIBITS THE PURCHASE OF TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, E-LIQUIDS, AND ELECTRONIC NICOTINE DELIVERY SYSTEMS BY PERSONS UNDER 21 YEARS OF AGE. PROOF OF AGE IS REQUIRED.”
(2) “WARNING: TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, E-LIQUIDS, ELECTRONIC NICOTINE DELIVERY SYSTEMS, AND VAPING PRODUCTS OFFERED FOR SALE IN THIS STORE CONTAIN NICOTINE UNLESS OTHERWISE MARKED. NICOTINE IS A HIGHLY ADDICTIVE CHEMICAL WHICH CAN HARM BRAIN DEVELOPMENT IN CHILDREN AND ADOLESCENTS AND WHICH POSES SERIOUS HEALTH RISKS TO PREGNANT WOMEN AND THEIR BABIES.”
(c) In addition to the requirements of subsection (b), a retailer of alternative nicotine products, e-liquids, or electronic nicotine delivery systems shall include the following statement on the required posted sign:
“THE USE OF SOME VAPING DEVICES MAY INCREASE YOUR RISK OF EXPOSURE TO POTENTIALLY TOXIC LEVELS OF HEAVY METALS SUCH AS LEAD, CHROMIUM, AND NICKEL.”
(d) Posted signs required by this section, at a minimum, must accurately list the type of products sold at the retail establishment. If a retailer does not sell all of the product types listed in the statements described in subsections (b) or (c), the retailer may amend the products listed on the sign to accurately reflect the type of products sold.
(Act 2019-233, §3; Act 2021-453, §6; Act 2025-403, §1.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2025-403, EFFECTIVE JUNE 1, 2025.
(Act 2019-233, §3; Act 2025-403, §6.)
(a)(1) No manufacturer or distributor shall sell, offer to sell, or deliver any tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products to any retailer in this state for any consideration other than cash or on terms, nor shall any retailer of these products buy or accept delivery for any of these products for any consideration other than cash or on terms.
(2) If payment on an invoiced purchase is not received from the retailer when due or payment is returned for insufficient funds, the manufacturer or distributor, within 15 business days, shall notify the board and the board shall promptly notify all licensed manufacturers and distributors in this state of the default in payment. Thereafter, no person shall sell any tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products to the retailer in default on any terms other than cash delivery, until otherwise authorized by the board. Under penalty of suspension of the permit, the retailer who is in default shall pay his or her obligation in full within 60 days from the date it became due. No permit shall be suspended or revoked without prior notice to the retailer and an opportunity for the retailer to be heard before the board.
(b)(1) Any retailer that fails to make timely and sufficient payment under subdivision (a)(2) may have his or her tobacco permit suspended for not more than 30 days for each offense. If the retailer repays his or her obligation prior to the end of the suspension period, he or she may pay a fee to be determined by the board for the early reinstatement of his or her permit.
(2) Each failure of a retailer to make payment for any default before the expiration period of suspension is a separate offense.
(3) The board may permanently revoke the tobacco permit of any retailer that is suspended for default in payment for more than six months in any 12-month period.
(c) The board may require a retailer that fails to make timely and sufficient payment under subdivision (a)(2) to make payment in cash for all tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products sold or delivered to him or her after the initial failure.
(d) The board shall adopt rules to implement and enforce this section.
(Act 2021-385, §1.)
(a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, as amended, including, but not limited to, annually preparing and submitting to the Secretary of Health and Human Services a report, as required by federal law, describing all of the following:
(1) The activities carried out by the Department of Mental Health in coordination with the Alabama State Law Enforcement Agency to ensure that tobacco retailers or specialty retailers of electronic nicotine delivery systems do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21 years.
(2) The extent of success the Department of Mental Health, in coordination with the Alabama State Law Enforcement Agency, has achieved in ensuring that retailers do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21 years.
(3) The strategies utilized by the Department of Mental Health, in coordination with the Alabama State Law Enforcement Agency, to ensure that retailers do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21.
(b) In addition to the requirements listed in subsection (a), the Department of Mental Health shall adopt rules and act as necessary to satisfy the requirements of 42 U.S.C. § 300x-26, as amended, and any rules adopted thereunder by the Secretary of Health and Human Services. Rules adopted pursuant to the authority delegated to the Department of Mental Health in this section shall be narrowly tailored to bring this state into compliance with federal law and shall comply with the requirements of the Administrative Procedure Act, Title 41, Chapter 22.
(c) The Department of Mental Health is responsible for applying for transitional grant monies provided pursuant to 42 U.S.C. § 300x-26, as amended, through the term of the transitional grants. Any transitional grant monies awarded to the state shall be used for the following purposes:
(1) To ensure compliance with subsection (a).
(2) To further tobacco product, alternative nicotine product, or electronic nicotine delivery system cessation programs.
(3) To further tobacco product, alternative nicotine product, or electronic nicotine delivery system education programs.
(Act 2021-453, §8.)
The Alcoholic Beverage Control Board shall adopt rules to implement and administer this chapter.
(Act 2025-403, §4.)
(a) The purpose of this chapter is to protect the health and safety of Alabama residents from consumable products, often marketed toward children, that purportedly contain hemp-derived compounds. Many of these products have not been tested nor do they meet quality and safety standards. It is the intent of the Legislature to require all consumable hemp products available for sale in this state to be tested and labeled in accordance with strict standards and to prohibit the sale of these products to individuals under 21 years of age.
(b) Nothing contained in this chapter relates to medical cannabis regulated under Chapter 2A of Title 20.
(c) Nothing in this chapter shall be construed in a manner that affects or impedes any activity relating to hemp which is regulated by the Department of Agriculture and Industries.
(d) Any federal law enacted after July 1, 2025, that conflicts with a provision of this chapter shall supersede the conflicting provision of this chapter.
(Act 2025-385, §1.)
As used in this chapter, the following terms have the following meanings:
(1) BATCH. A specific quantity of a specific product containing cannabinoids which: (i) is manufactured at the same time and using the same methods, equipment, and ingredients that are uniform and intended to meet specifications for identity, strength, purity, and composition; and (ii) is manufactured, packaged, and labeled according to a single batch production record executed and documented.
(2) CANNABINOIDS. Includes cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp.
(3) CARTON. The package or container or containers in which consumable hemp products are originally packaged for shipment to market by the processor.
(4) CERTIFICATE OF ANALYSIS. A document issued by an independent testing laboratory which provides information about the chemical composition of a particular batch of consumable hemp product.
(5) CONSUMABLE HEMP PRODUCT. a. A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration.
b. The term excludes both of the following, which are strictly prohibited in the state:
Any smokable hemp product. Smokable hemp products include, but are not limited to, any plant product or raw hemp material that is marketed to consumers as hemp cigarettes, hemp cigars, hemp joints, hemp buds, hemp flowers, hemp leaves, ground hemp flowers, or any variation of these terms to include any product that contains a cannabinoid, whether psychoactive or not.
Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials. This does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.
(6) CONSUMPTION. Ingesting or topically applying to skin or hair.
(7) CONTAINER. The bottle, can, bag, or other receptacle, excluding cartons, in which consumable hemp products are originally packaged for the market by the producer and from which the consumable hemp product is consumed by the public.
(8) CONTAMINANT. A foreign substance or compound that, if ingested, inhaled, or absorbed, may have an adverse effect on the health of a human or animal. The term includes, but is not limited to, heavy metals, pesticide residuals, residual solvents, or processing chemicals, and any other substance or compound that the Alabama Department of Public Health determines, if ingested, inhaled, or absorbed, could have an adverse effect on the health of a human or animal.
(9) DISQUALIFYING OFFENSE. Any crime against children, cruelty to animals, human trafficking, any crime involving controlled substances, sex offenses, or any crime of violence.
(10) DISTRIBUTOR. A person that distributes consumable hemp products to retailers.
(11) HEMP. The term as defined in Section 2-8-381.
(12) INDEPENDENT TESTING LABORATORY. A laboratory that meets the requirements of Section 28-12-21.
(13) PRODUCER. An entity that produces and packages a consumable hemp product that is distributed within or into the state or sold to retailers in this state.
(14) RETAILER. A person located in this state and licensed by the board which sells consumable hemp products at retail in this state.
(15) THC. Any tetrahydrocannabinol derived from hemp, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, or delta-10-tetrahydrocannabinol.
(16) UNLAWFUL HEMP PRODUCT. Any product that is:
a. Specifically excluded from the definition of consumable hemp product;
b. Distributed or sold at retail in violation of Section 28-12-20;
c. Sold or offered for sale to a consumer in this state at an unlicensed location; or
d. Shipped or distributed directly to a consumer in violation of Section 28-12-60.
(Act 2025-385, §1.)
(a) Effective January 1, 2026, consumable hemp products distributed into or within the state and offered for sale and sold to consumers in this state shall be governed by this chapter. The Alcoholic Beverage Control Board shall administer and enforce this chapter and shall adopt rules as necessary to implement this chapter.
(b) Any consumable hemp product distributed, sold, or offered for sale to consumers in this state in violation of this chapter shall be considered contraband and may be seized by the board or its agents or any law enforcement officer of the state without a warrant.
(Act 2025-385, §1.)
(a) The Consumable Hemp Product Compliance Fund is created within the State Treasury and shall be administered by the board. All filing fees, annual license fees, and label approval fees collected under this chapter shall be deposited into the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Article 4, Chapter 4, Title 41 and Chapter 19, Title 41.
(b) The board may expend monies in the Consumable Hemp Product Compliance Fund only for the following purposes:
(1) Training, education, and administrative and operating costs for the administration and enforcement of this chapter.
(2) Pursuant to an agreement between the board and the Alabama State Law Enforcement Agency, operating and staffing costs incurred by the Alabama State Law Enforcement Agency to conduct underage purchase compliance checks pursuant to this chapter.
(3) Random purchases by the board of consumable hemp products and testing of products to ensure compliance with this chapter.
(c) Any remaining funds on September 30, annually, shall be distributed to the State General Fund.
(Act 2025-385, §1.)
(a) An excise tax at the rate of 10 percent is levied on the retail sales price of consumable hemp products. The tax is in addition to any other tax imposed by federal, state, or local law.
(b) The tax levied by this section is intended to be passed on to and borne by the purchaser of the consumable hemp product. The tax is a debt from the purchaser to the retailer until paid. The retailer is considered to act as a trustee on behalf of the board when the retailer collects the tax from the purchaser on a taxable transaction. The tax must be stated and charged separately on any documentation provided to the purchaser by the retailer at the time of the transaction.
(c) The tax levied during the preceding month is due and payable monthly to the board on the first day of each month, and for the purpose of ascertaining the amount of tax payable under this section, all retailers making taxable sales on or before the twentieth day of each month shall transmit to the board, upon forms prescribed by the board, returns showing gross sales during the preceding month.
(d) The revenue generated from the tax shall be distributed as follows:
(1) Ninety percent to the State General Fund.
(2) Ten percent to the treasury of the municipality in which the consumable hemp products were sold within its corporate limits, or, where sold outside the corporate limits of any municipality, to the treasury of the county in which the consumable hemp products were sold, for the purposes of enforcement.
(e) The taxes levied pursuant to this section are exclusive and shall be in lieu of all other and additional taxes and licenses of the state, county, or municipality imposed on the sale of consumable hemp products; provided, that nothing in this section shall be construed to exempt the retail sale of consumable hemp products from the levy of tax on general retail sales by the state, county, or municipality in the nature of, or in lieu of, a general sales tax.
(f) If the board or any authorized agent of the board finds any unlawful hemp product sold at a retailer establishment, the product shall be confiscated and, in addition to all other penalties authorized by law, the board shall assess taxes based on an excise tax at the rate of 10 percent of the retail value of the illegal product.
(Act 2025-385, §1.)
(a) On and after January 1, 2026, no consumable hemp product may be distributed into or within the state, nor offered for sale or sold at retail within the state, unless the product:
(1) Has a corresponding certificate of analysis described in Section 28-12-22 issued by an independent testing laboratory that tests the batch from which the product was produced;
(2) Is in the original sealed container as packaged by the producer and meets the packaging restrictions in Section 28-12-24;
(3) Meets the serving size and product content requirements, including total THC, described in Section 28-12-23; and
(4) Meets the labeling requirements described in Section 28-12-25.
(b) Every distributor and retailer shall maintain and make immediately available for inspection to any law enforcement officer or authorized agent of the board a copy of the certificate of analysis of each consumable hemp product being distributed by a distributor or offered for sale by a retailer.
(c) Any person, including any servant, agent, or employee of the person, who distributes, sells, or offers for sale any consumable hemp product in violation of this section shall be subject to the following penalties:
(1) For a first offense within a four-year period, a fine of one thousand dollars ($1,000) earmarked for the State General Fund.
(2) For a second offense within a four-year period, a fine of two thousand five hundred dollars ($2,500) earmarked for the State General Fund.
(3) For a third or subsequent offense within a four-year period, a fine of five thousand dollars ($5,000) earmarked for the State General Fund, and if the violator is a retailer, the board may revoke the retailer license.
(Act 2025-385, §1.)
In order to protect the health, safety, and welfare of the residents of this state from dangerous foreign products, an independent testing laboratory must meet all of the following requirements:
(1) Is accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO (International Organization for Standardization)/IEC (International Electrotechnical Commission) 17025:2017 of the International Organization for Standardization.
(2) Does not have a direct or indirect interest in the producer whose product is being tested.
(3) Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, or sells hemp or consumable hemp products in this state or in another jurisdiction.
(Act 2025-385, §1.)
(a) The protocols for testing a consumable hemp product by an independent testing laboratory shall include the following, as well as a determination of corresponding tolerance limits:
(1) Cannabinoid content and potency, including, but not limited to, all of the following:
a. Total THC (THC+THCA).
b. Total CBD (CBD+CBDA).
c. THC/CBD ratio, if applicable.
d. Percent of THC relative to original plant material (w/w).
(2) Terpene profiles.
(3) Heavy metals.
(4) Chemical contamination, such as residual solvents remaining after extraction and concentration.
(5) Microbials, including pathogenic microbials.
(6) Mycotoxins.
(7) Residual insecticides, fungicides, herbicides, and growth regulators used during cultivation.
(b) The certificate of analysis shall include, at a minimum, all of the following:
(1) The batch number or lot number of the product.
(2) The date the certificate of analysis is issued.
(3) The method of analysis for each test conducted.
(4) The product name.
(5) A scannable barcode or quick response code linked to the label on the consumable hemp product container.
(6) The cannabinoid profile by the percentage in dry weight of CBD and total THC content, and verification that the product contains an amount of total THC not exceeding that which is stated on the label of the product.
(7) A listing of all ingredients for each product, including, if present, solvents, pesticides, microbial contaminants, and heavy metals.
(Act 2025-385, §1.)
(a)(1) For a beverage or any edible product, one serving size of a consumable hemp product may not contain more than 10 milligrams of total THC.
(2) For any topical, sublingual, or other consumable hemp product not addressed in subdivision (1), one container of a consumable hemp product may not contain more than 40 milligrams of total THC.
(3) All edible consumable hemp products shall be individually wrapped in single serve packaging. One carton may not contain more than 40 milligrams of total THC.
(4) A beverage serving size may not exceed 12 fluid ounces or 355 milliliters. One carton may not contain more than four 12-ounce containers.
(b) A consumable hemp product may not contain alcohol, other than as a flavoring agent, or any other intoxicating compound other than cannabinoids.
(Act 2025-385, §1.)
The packaging of consumable hemp products:
(1) May not bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children;
(2) May not be modeled after a brand of products primarily consumed by or marketed to children;
(3) May not include a statement, artwork, or design that could reasonably mislead an individual to believe that the package contains anything other than a consumable hemp product; and
(4) Must be child-resistant.
(Act 2025-385, §1.)
Each container of a consumable hemp product must be labeled to include, at a minimum:
(1) A list of all ingredients in descending order of predominance;
(2) A scannable barcode or quick response code linked to the certificate of analysis;
(3) The manufacture date and expiration date;
(4) The batch number must correspond to the certificate of analysis;
(5) The total number of milligrams of THCs found in the container;
(6) The serving size;
(7) The total number of milligrams of THCs per serving; and
(8) The following warnings:
a. To keep the product out of reach of children;
b. That consumption of the product may cause the person to fail a drug test due to THC being present;
c. That the product is not safe nor intended for any person under 21 years of age;
d. That the product is not safe for any person who is pregnant or breastfeeding; and
e. That the product may impair a person’s ability to drive and operate machinery.
(Act 2025-385, §1.)
(a) Effective January 1, 2026, consumable hemp products may only be sold in this state by retailers licensed by the board in accordance with this article to adults 21 years of age or older.
(b) The board may not issue a license under this article unless the local governing body of the county or municipality in which the licensee’s facility will be located has approved the application for licensure.
(c) Every applicant for an original retailer license shall file a written application with the board in such form and containing such information as the board may prescribe, by rule, which shall be accompanied by a nonrefundable initial filing fee of fifty dollars ($50).
(d)(1) For purposes of this section, the term “applicant” includes every individual that has any proprietary or financial interest of 10 percent or more in the business seeking a license but shall not include any public corporation whose shares are traded on a recognized stock exchange.
(2) Each applicant must be legally present in the United States and shall provide to the board a valid driver license issued in the United States, a valid military identification card, or other valid identification card, as determined by the board.
(3) In addition to all other requirements, an applicant shall submit to the board a form, sworn to by the applicant, providing written consent from the applicant for the release of criminal history background information. The form shall also require the applicant’s name, date of birth, and Social Security number for completion of a criminal history background check.
(4) An applicant shall provide the board with two complete functional sets of fingerprints, either physical or electronic, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. The fingerprints and form shall be submitted by the board to the State Bureau of Investigation for the purposes of furnishing criminal background checks. The State Bureau of Investigation shall forward a copy of the applicant’s prints to the Federal Bureau of Investigation for a national criminal background check. The applicant shall pay all costs associated with the background checks required by this subsection.
(5) The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of a license in this state may be disclosed as may be necessary to support the denial or when subpoenaed by a court.
(e) The board shall not issue a license to any applicant that has been convicted of a disqualifying offense within 10 years of the date of the application.
(f)(1) Any person applying for an initial license under this chapter shall be required to purchase and maintain a surety bond, payable to the board, for each licensed location, executed by the applicant as principal, and by a corporate surety company qualified to do business in this state as surety, in the amount of twenty-five thousand dollars ($25,000).
(2) The board may file a claim against the surety bond of any licensee that fails to timely collect and remit taxes under this chapter or fails to timely pay any outstanding penalty imposed by the board.
(g) If the board finds the applicant meets the qualifications of this section and any applicable rules adopted by the board, upon payment to the board of an annual license fee of one thousand dollars ($1,000), the board shall issue a retailer license.
(h) Unless revoked or suspended by the board, retailer licenses shall be valid for the license year which shall begin on October 1 of each year. Licenses may be issued at any time during the year, but annual license fees shall not be prorated.
(Act 2025-385, §1.)
(a) A retailer license shall be renewed annually upon the filing of an application and payment of the applicable license fee. A licensee must file a renewal application, as prescribed by the board, by rule, by August 1 annually.
(b) A license may be renewed without penalty during the following fiscal year between October 1 and October 20 and may continue to be renewed after October 20 of that license year by paying, in addition to the appropriate state and county licensing and filing fees, a penalty of 50 percent of the annual license fee. If a license is not renewed before midnight September 30 of the succeeding license year, the license shall terminate with no privilege of renewal. Thereafter, a new application must be made and a new license issued before continuation of the business.
(c) A retailer may not purchase, receive, store, ship, sell, or give away any consumable hemp product or enjoy any of the rights and privileges of the license after the expiration of a license.
(d) Unless the licensee is notified by the board of objections to the renewal of the license, the board shall renew the license of any licensee who has submitted the renewal application and license fee.
(Act 2025-385, §1.)
The board may suspend or revoke a license in accordance with Section 28-3A-24 or 28-3A-26; provided, however, the board may suspend a license without a hearing in situations of imminent danger to the public or for purposes of protecting the public welfare, peace, safety, and health of the residents of the state.
(Act 2025-385, §1.)
(a) A licensee shall keep and preserve all records, including invoices, canceled checks, and other documentation relating to the purchase, sale, exchange, or receipt of all consumable hemp products for a period of three years. This includes the applicable certificates of analysis as otherwise required under this chapter.
(b) The board and its authorized agents may enter upon the premises of any licensee at any time of the day or night as they deem necessary, for the detection of violations of this chapter, any law, or the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by a licensee, including any record to verify the proper filing and to determine the accuracy of any state tax return required to be filed by a licensee, and to determine the payment of all state taxes when and where due with respect to any state tax levied on consumable hemp products by law. This section imposes no duty upon the board to inspect, examine, and audit with respect to local taxes on consumable hemp products.
(c) Any person who fails or refuses to keep and preserve the records as required by this section or who, upon request by an authorized agent of the board, fails or refuses to allow an audit or inspection of records as provided in this section shall be guilty of a Class C misdemeanor.
(Act 2025-385, §1.)
(a) Effective January 1, 2026, any person who sells, attempts to sell, furnishes, provides, or gives away a consumable hemp product without a license shall be subject to the following penalties:
(1) For a first offense, the board shall levy a civil penalty of five thousand dollars ($5,000).
(2) For a second offense, the board shall levy a civil penalty of seven thousand five hundred dollars ($7,500).
(3) For a third offense, the board shall levy a civil penalty of ten thousand dollars ($10,000), the person shall be guilty of a Class C felony, and the court shall order any business licenses of the person to be revoked.
(b) All consumable hemp products in that person’s possession shall be considered contraband and may be seized by the board or its agents or any law enforcement officer of the state without a warrant
(Act 2025-385, §1.)
AMENDED BY ACT 2026-504, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Other than pharmacies selling topical or sublingual consumable hemp products pursuant to subsection (b) and retail food stores selling beverage consumable hemp products pursuant to subsection (c), all retailer establishments must be restricted so that only those individuals 21 years of age or older are permitted to enter and the establishment has its own dedicated public entrance. Except as provided in subsection (b) and (c), the board shall only issue retailer licenses to persons:
(1) That have a valid retail liquor license from the board which authorizes off-premises consumption only; or
(2) That only sell consumable hemp products.
(b) Topical and sublingual consumable hemp products may be sold in a pharmacy licensed by the Alabama State Board of Pharmacy, provided the pharmacy obtains a consumable hemp product retailer license from the Alcoholic Beverage Control Board and complies with this chapter and rules of the board. Any topical consumable hemp product sold in a pharmacy must be sold by a licensed pharmacist or by a pharmacy technician or employee who is under the direct supervision and control of a licensed pharmacist. This subsection does not prohibit a retailer described in subsection (a) from selling topical or sublingual consumable hemp products in that retailer’s licensed premises.
(c)(1) Consumable hemp products that are beverages may be sold in a retail food store, provided the retail food store obtains a consumable hemp product retailer license from the board and complies with this chapter and rules of the board. Consumable hemp product beverages sold in a retail food store must be kept in an area that is: (i) separated from nonalcoholic beverages or beverages intended for children; (ii) behind glass; and (iii) demarcated by a sign indicating that the beverages contain hemp-derived compounds. This subsection does not prohibit a retailer described in subsection (a) from selling consumable hemp product beverages in that retailer’s licensed premises.
(2) For purposes of this subsection, “retail food store” means any store commonly known as a supermarket, food store, or grocery store, primarily engaged in the retail sale of a variety of canned goods, frozen foods, nonalcoholic beverages, dry goods, either packaged or in bulk, and fresh produce or meats, and the store dedicates: (i) a minimum of 75 percent of the store’s selling area to the sale of food items listed in this subdivision; and (ii) at least 14,000 square feet of the store’s footprint to the sale of food items listed in this subdivision.
(d)(1) A retailer described in subsection (a) shall maintain at its licensed premises a minimum of 500 square feet of sales and service area. A retailer may not include in the calculation of sales and service area any areas that are not open to customers or not used for sales or displaying consumable hemp products, such as office space or storage.
(2) A retailer must have an employee present in the sales and service area of the licensed premises at all times the premises is open to customers.
(3) The purchase of all consumable hemp products must take place in the licensed premises.
(e) A retailer shall display the retailer license in the licensed premises in a conspicuous manner.
(Act 2025-385, §1.)
(a) A retailer may not sell any consumable hemp product for consumption on the licensed premises or conduct any tastings for customers.
(b) Consumable hemp products may not be sold using a vending machine or other self-service display and payment system.
(c) An individual under 21 years of age may be employed by a retailer licensee to the same extent and under the same conditions as set forth for employees of alcoholic beverage establishments in Section 28-1-5(c).
(Act 2025-385, §1.)
A retailer shall submit to the board, on the last day of the month following the month of receipt or sale, a consolidated report of all receipts and sales of all consumable hemp products made to customers during the preceding month and any other information relevant to the retail sale of consumable hemp products as determined by the board, by rule. The reports shall be in the form and containing information as the board may prescribe.
(Act 2025-385, §1.)
(a) Prior to initiating a sale or otherwise providing consumable hemp products to a customer, an employee of a retailer must verify that the customer is at least 21 years of age. Proof of age may be established only by one of the following:
(1) A valid driver license of any state.
(2) A valid United States Uniformed Service Identification card.
(3) A valid passport.
(4) A valid identification card issued by any agency of a state for the purpose of identification, bearing a photograph and date of birth of the individual in question.
(b) The board shall levy a penalty against any person, retailer licensee, or servant, agent, or employee of the retailer who sells, attempts to sell, delivers, furnishes, or gives away a consumable hemp product to an individual under 21 years of age as follows:
(1) For a first offense within a four-year period, suspension of the license for 90 days and a fine of five thousand dollars ($5,000) earmarked for the State General Fund.
(2) For a second offense within a four-year period, suspension of the license for 180 days and a fine of ten thousand dollars ($10,000) earmarked for the State General Fund.
(3) For a third offense within a four-year period, revocation of the license and any other license issued by the board under this title and a fine of twenty thousand dollars ($20,000) earmarked for the State General Fund. In addition, the board may impose a fine of up to twenty thousand dollars ($20,000) against any officer or any individual who has any proprietary or financial interest of 10 percent or more in the licensed retailer, and the board may not issue any license authorized under this title to the retailer or any affiliate of the retailer at any location in the state for a period of 36 months. In addition, the board shall not issue any license or permit under this title until the expiration of one year from the date the license or licenses are revoked at the location where the violation occurred.
(Act 2025-385, §1.)
Except as authorized under Section 28-12-46(c) for retailer employees, any individual under 21 years of age who attempts to purchase, purchases, consumes, possesses, or transports consumable hemp products within this state, or who knowingly uses or attempts to use a false, forged, deceptive, or otherwise nongenuine driver license to obtain or attempt to obtain a consumable hemp product in this state, shall be subject to the same penalties as provided in Section 28-3A-25 for underage drinking.
(Act 2025-385, §1.)
(a) Online sales, direct delivery, drive-through sales, and direct shipments of consumable hemp products within or into this state are strictly prohibited. For purposes of this section, “direct shipment” means the shipment of any consumable hemp product from any producer or retailer of consumable hemp products directly to an Alabama resident.
(b) A first violation of subsection (a) is a Class A misdemeanor.
(c) A second or subsequent violation of subsection (a) is a Class C felony.
(Act 2025-385, §1.)
(a) The sale or possession of a hemp product specifically excluded from the definition of a consumable hemp product is strictly prohibited.
(b) A violation of subsection (a) is a Class C felony.
(Act 2025-385, §1.)
(a) Unlawful hemp products shall be considered contraband and may be seized by the board or its agents or by any law enforcement officer of the state without a warrant.
(b) Any consumable hemp products or unlawful hemp products that are kept, stored, or deposited in any place in this state for the purpose of unlawful sale or unlawful disposition or unlawful furnishing or distribution, and the vessels and receptacles in which the products are contained, are declared to be contraband, shall be seized and forfeited to the state, and may be condemned for destruction pursuant to the procedures set out in Article 11 of Chapter 4 concerning alcoholic beverages.
(c) In any criminal prosecutions against a person for a violation of this chapter, upon conviction, the court may order the destruction of any consumable hemp products or unlawful hemp products that were: (i) sold, offered for sale, possessed, or otherwise disposed of by the defendant; (ii) possessed or used in conducting the business of a dealer; or (iii) used as evidence in the case.
(d) All proceeds, property obtained by proceeds, equipment, materials, and personal property used in substantial connection with the sale or possession of consumable hemp products or hemp products involved in a violation of this chapter shall be subject to forfeiture pursuant to the procedures set forth in Section 20-2-93.
(e) Any person from whom an unlawful product is seized and destroyed pursuant to this section shall be subject to a fee, to be determined based on the cost of the destruction and disposal of the product as hazardous waste.
(Act 2025-385, §1.)
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