Ala. Code § 28-4-117 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-117
Section 28-4-117 Procedure for Shipment, Delivery, Etc., of Alcohol and Wine to Persons for Sacramental or Nonbeverage Use - Preparation of Affidavit by Person Desiring to Receive Shipment; Copy of Affidavit to Be Attached to Container in Which Wine or Alcohol Shipped
Status: in_force

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.
Ala. Code § 28-4-121 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-121
Section 28-4-121 Delivery from Another State, Etc., of Liquors Consigned to Fictitious Person, Firm, Etc., or Person, Firm, Etc., Under Fictitious Name
Status: in_force

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.
Ala. Code § 28-3-168 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-168
Section 28-3-168 Sale of Table Wine by Certain Wine Retailers
Status: in_force

(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.
Ala. Code § 28-3-4 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-4
Section 28-3-4 Provisions for Maintenance of Separation of Financial and Business Interests Between Classes of Businesses Regulated by Chapter
Status: in_force

(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.
Ala. Code § 28-3-10 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-10
Section 28-3-10 Wholesale Dealers or Distributors to File Monthly Reports as to Orders of Alcoholic Beverages Purchased by Persons, Firms, Etc., Without State
Status: in_force

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.
Ala. Code § 28-3-50 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-50
Section 28-3-50 Promulgation of Rules and Regulations as to Breaking of Packages, Affixing of Stamps, Inspections, Etc., Generally
Status: in_force

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.
Ala. Code § 28-3-14 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-14
Section 28-3-14 Procedure for Collection of Due and Unpaid Taxes and Penalties Imposed by Chapter; Lien for Taxes and Penalties
Status: in_force

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.
Ala. Code § 28-3A-20.3 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-20.3
Section 28-3A-20.3 On-Premises Licensees Authorized to Make, Store, and Sell Infused Products Made from Distilled Spirits
Status: in_force

(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.
Ala. Code § 28-12-48 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-48
Section 28-12-48 Selling to Minors; Penalties
Status: in_force

(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.
Ala. Code § 28-3-206 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-206
Section 28-3-206 Limitation on Additional Tax on Collector’s Bottles of Liquor or Gift Packs of Wine
Status: in_force

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.
Ala. Code § 28-4-93 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-93
Section 28-4-93 Delivery of Prohibited Liquors or Beverages to Stores, Shops, Dwellings, Etc., from Which Sale Prohibited Deemed Prima Facie Evidence of Sale, Etc
Status: in_force

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.
Ala. Code § 28-12-46 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-46
Section 28-12-46 Retailer Operations
Status: in_force

(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).
Ala. Code § 28-4-182 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-182
Section 28-4-182 Permit from Alcoholic Beverage Control Board to Have Wine Shipped from Outside the State - Required
Status: in_force

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.
Ala. Code § 28-4-262 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-262
Section 28-4-262 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally — Return of Warrant; Furnishing of Copies Thereof to Applicant for Warrant, Etc
Status: in_force

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.
Ala. Code § 28-3A-12 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-12
Section 28-3A-12 Club Liquor Retail License; Approval of Municipality
Status: in_force

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.
Ala. Code § 28-7-19 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-19
Section 28-7-19 Sales by Wholesalers
Status: in_force

No wine wholesaler shall purchase, receive or resell any table wine except in the original container as prepared for the market by the manufacturer.
Ala. Code § 28-5-10 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-10
Section 28-5-10 Inspection and Examination of Plants and Books and Records of Permittees; Taking of Samples for Chemical Analysis
Status: in_force

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.
Ala. Code § 28-1-3.1 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-3.1
Section 28-1-3.1 Possession of Alcoholic Beverages Purchased from Military Liquor Stores, Etc., by Eligible Persons; Violations
Status: in_force

(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.
Ala. Code § 28-4-263 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-263
Section 28-4-263 Issuance, Etc., of Warrants for Search of Steamboats, Watercraft, Depots, Railway Cars, Etc
Status: in_force

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.
Ala. Code § 28-2A-2 — Alabama Code / Title 28 / Chapter 2A / Section 28-2A-2
Section 28-2A-2 Distribution of Funds Pursuant to Chapters 3 and 28 of Title 40
Status: in_force

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.
Ala. Code § 28-4-165 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-165
Section 28-4-165 Sale, Delivery, Etc., of Liquors, Etc., to Prisoners by Persons in Charge of Jails
Status: in_force

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.
Ala. Code § 28-9-3 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-3
Section 28-9-3 Sales by Beer Suppliers through Wholesalers; Exclusive Sales Territory
Status: in_force

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.
Ala. Code § 28-11-3 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-3
Section 28-11-3 Minors Enlisted to Help Board Enforce State and Federal Laws
Status: in_force

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.
Ala. Code § 28-4-220 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-220
Section 28-4-220 Authorization and Procedure Generally; Filing of Petition Generally
Status: in_force

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.
Ala. Code § 28-3-42 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-42
Section 28-3-42 Administrator; Annual Report of Board to Governor as to Administration of Chapter; Possession by Officers, Members, Employees, Etc., of Board of Liquor or Malt or Brewed Beverages for Personal Use
Status: in_force

(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.
Ala. Code § 28-4-296 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-296
Section 28-4-296 Deposit with Alcoholic Beverage Control Board for Sale of Certain Confiscated Liquors and Beverages; Payment to County or Municipality by Board of Reasonable Value of Liquors and Beverages Received
Status: in_force

(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.
Ala. Code § 28-2A-4 — Alabama Code / Title 28 / Chapter 2A / Section 28-2A-4
Section 28-2A-4 Elections in Municipalities in Same County with Populations of 4,000 or More
Status: reserved

Repealed by Act 2009-546, p. 1446, §3, effective May 14, 2009.
Ala. Code § 28-3-205 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-205
Section 28-3-205 Additional 10 Percent Tax
Status: reserved

(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.
Ala. Code § 28-8A-6 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-6
Section 28-8A-6 Wholesaler Prohibitions
Status: in_force

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.
Ala. Code § 28-4-310 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-310
Section 28-4-310 Governor Charged with Supervision, Etc., of Enforcement of Prohibition Laws; Governor May Require Reports from Officers Charged with Duty of Enforcing Laws; Failure of Officer to Make Report, Etc
Status: in_force

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.
Ala. Code § 28-11-17 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-17
Section 28-11-17 Distribution, Sale, Etc., in Violation of Federal Law or FDA Rule
Status: in_force

(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.
Ala. Code § 28-10-2 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-2
Section 28-10-2 Legislative Intent
Status: in_force

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.
Ala. Code § 28-3-227 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-227
Section 28-3-227 Removal, Restoration, Etc., for Use or Reuse, Unauthorized Sale, Etc., of Revenue, Etc., Stamps, Crowns or Lids
Status: in_force

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.
Ala. Code § 28-4-259 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-259
Section 28-4-259 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Execution - Time
Status: in_force

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.
Ala. Code § 28-4-277 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-277
Section 28-4-277 Forfeiture and Condemnation Proceedings Generally - Appeals from Judgment of District Court - Persons Entitled to Appeal; Bond for Costs of Appeal Required; Right to Jury Trial; Proceedings in Circuit Court
Status: in_force

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.
Ala. Code § 28-8A-8 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-8
Section 28-8A-8 Transfers of Wholesaler Business
Status: in_force

(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.
Ala. Code § 28-4-73 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-73
Section 28-4-73 Sufficiency of Charges in Informations, Indictments, Etc.; Admissibility of Evidence
Status: in_force

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.
Ala. Code § 28-8A-10 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-10
Section 28-8A-10 No Waiver; Successors and Transferees
Status: in_force

(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.
Ala. Code § 28-4-150 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-150
Section 28-4-150 Sales by Wholesale Druggists Generally; Said Druggists to File Monthly Statements as to Sales with Alcoholic Beverage Control Board
Status: in_force

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.
Ala. Code § 28-7-11 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-11
Section 28-7-11 Wine Manufacturers License; Registration of Labels; Seizure of Unregistered Goods; Monthly Reports
Status: in_force

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.
Ala. Code § 28-7-14 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-14
Section 28-7-14 Regulation of Grant of Licenses; Display Thereof; Separate Retail Licenses for Each Place of Sale; Restrictions on Wholesaler’s Operations; Transfer of Licenses; Filing Fee for Transfer; Effect of Insolvency of Licensee
Status: in_force

(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.
Ala. Code § 28-11-20 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-20
Section 28-11-20 Suspension or Revocation of Tobacco Permit for Default in Payment; Reinstatement of Permit; Rulemaking Authority
Status: in_force

(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.
Ala. Code § 28-3-43 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-43
Section 28-3-43 Functions, Powers, and Duties of Board Generally; Examination of Board by Examiners of Public Accounts
Status: in_force

(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.
Ala. Code § 28-3-12 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-12
Section 28-3-12 Report of Purchase, Receipt, Etc., of Alcoholic Beverages Not Having Revenue, Etc., Stamps, Crowns or Lids Affixed Thereto
Status: in_force

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.
Ala. Code § 28-4-324 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-324
Section 28-4-324 Issuance of Injunctions to Prevent Violations of Chapter, Etc
Status: in_force

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.
Ala. Code § 28-3-281 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-281
Section 28-3-281 Collection and Distribution of Proceeds
Status: in_force

(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.
Ala. Code § 28-7A-2 — Alabama Code / Title 28 / Chapter 7A / Section 28-7A-2
Section 28-7A-2 Authorization of Board to Audit and Collect Taxes Levied Upon Sale of Beer or Table Wine; Retention or Reclamation of Authority by Local Governing Body
Status: in_force

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.
Ala. Code § 28-3A-9 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-9
Section 28-3A-9 Wholesaler License for Beer or Table Wine
Status: in_force

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.
Ala. Code § 28-4-26 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-26
Section 28-4-26 Sale, Barter, Exchange, Etc., of Prohibited Liquors or Beverages by Person Concealing Self in House, Room, Etc
Status: in_force

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.
Ala. Code § 28-3-25 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-25
Section 28-3-25 Counties and Municipalities Authorized to Extend Time of Sale of Alcoholic Beverages on Sunday by Resolution or Referendum
Status: in_force

(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.
Ala. Code § 28-4-21 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-21
Section 28-4-21 Penalties for Violations of Section 28-4-20
Status: in_force

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.
Ala. Code § 28-5-11 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-11
Section 28-5-11 Payment of Fee by Permittees to Cover Costs of Inspection and Supervision; Disposition of Proceeds from Fees; Permittees to Notify Governor of Changes in Officers, Directors, Etc
Status: in_force

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.
Ala. Code § 28-7-23 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-23
Section 28-7-23 Advertising
Status: in_force

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.
Ala. Code § 28-3A-13.2 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-13.2
Section 28-3A-13.2 Use of Drive-Through or Walk-Up Window for Purchase of Beer or Table Wine Sold by Certain Licensed Retailers
Status: in_force

(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.
Ala. Code § 28-2-20 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-20
Section 28-2-20 Short Title
Status: in_force

This article shall be known and cited as the Special Method Referendum Act of 1971.
Ala. Code § 28-12-3 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-3
Section 28-12-3 Application, Administration, and Enforcement of Chapter; Seizure of Contraband
Status: in_force

(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.
Ala. Code § 28-3A-5 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-5
Section 28-3A-5 Issuance and Renewal of Licenses; Penalty for Delinquent Renewal
Status: in_force

(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.
Ala. Code § 28-11-14 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-14
Section 28-11-14 Seizure and Forfeiture of Contraband; Destruction of Prohibited Items
Status: in_force

(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.
Ala. Code § 28-4-320 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-320
Section 28-4-320 Servants, Agents, Etc., and Principals Not to Be Excused from Testifying Against Each Other on Grounds of Self-Incrimination; Immunity of Said Persons from Prosecution for Offenses Disclosed, Etc
Status: in_force

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.
Ala. Code § 28-3A-22 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-22
Section 28-3A-22 Disposition of Proceeds of Filing Fees and License Taxes
Status: in_force

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.
Ala. Code § 28-3A-18 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-18
Section 28-3A-18 Retail Common Carrier Liquor License
Status: in_force

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.
Ala. Code § 28-7-20 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-20
Section 28-7-20 Sales by Retailers
Status: in_force

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.
Ala. Code § 28-4-264 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-264
Section 28-4-264 Disposition of Property Seized by Officer Under Warrant Generally
Status: in_force

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.
Ala. Code § 28-5-13 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-13
Section 28-5-13 Burden of Proof as to Existence of Federal Permit in Prosecutions Under Chapter
Status: in_force

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.
Ala. Code § 28-5-5 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-5
Section 28-5-5 Manufacture and Sale of Industrial Alcohol by Permittees Generally
Status: in_force

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.
Ala. Code § 28-3-53.2 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-53.2
Section 28-3-53.2 “Board” and “Mark Up” Defined; Disposition of Funds; Mark Up Increases
Status: in_force

(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.
Ala. Code § 28-7-6 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-6
Section 28-7-6 Application for License; Filing Fee, License Fee and Bond
Status: in_force

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.
Ala. Code § 28-4-274 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-274
Section 28-4-274 Forfeiture and Condemnation Proceedings Generally - Entry of Judgment of Dismissal and Return of Liquors and Beverages, Etc., to Place or Person from Which or from Whom Taken Generally
Status: in_force

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.
Ala. Code § 28-3-185 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-185
Section 28-3-185 Transactions Between Wholesalers Exempt; Reports
Status: in_force

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.
Ala. Code § 28-12-4 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-4
Section 28-12-4 Consumable Hemp Product Compliance Fund
Status: in_force

(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.
Ala. Code § 28-6A-1 — Alabama Code / Title 28 / Chapter 6A / Section 28-6A-1
Section 28-6A-1 Legislative Findings
Status: reserved

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.
Ala. Code § 28-4-317 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-317
Section 28-4-317 Grand Jury Proceedings Generally - Offenses as to Which Witnesses May Be Required to Testify; Initial Interrogation of Witnesses to Particular Offense Not Required
Status: in_force

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.
Ala. Code § 28-2-22 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-22
Section 28-2-22 Conditions Governing Sale of Alcoholic Beverages in County and Municipalities Therein Where Majority of Voters Approve Sale and Distribution Under Article; Penalty for Violation of Section
Status: in_force

(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.
Ala. Code § 28-8A-11 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-11
Section 28-8A-11 Standards of Conduct
Status: in_force

(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.
Ala. Code § 28-4-136 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-136
Section 28-4-136 Penalties for Violations of Provisions of Article by Railroad Companies, Express Companies, Etc.; Duties of District Attorney in Cases of Grand Jury Indictments
Status: in_force

(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.
Ala. Code § 28-3A-7 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-7
Section 28-3A-7 (Amended by Act 2026-504) Importer License; Issuance; Restrictions on Sales; Registration of Labels; Seizure of Unregistered Goods; Monthly Reports; Inspections
Status: in_force

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.
Ala. Code § 28-5-2 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-2
Section 28-5-2 Authorization and Procedure Generally for Granting of Permits for Operation of Alcohol Distilleries and Denaturing Plants in Connection with Sugar Refineries
Status: in_force

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.
Ala. Code § 28-3-6 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-6
Section 28-3-6 Furnishing of Statements of Consignments and Deliveries of Alcoholic Beverages to Board by Common Carriers, Contract Carriers, Etc.; Carriers, Etc., to Permit Examination of Records by Board
Status: in_force

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.
Ala. Code § 28-4-158 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-158
Section 28-4-158 Prescription - Form
Status: in_force

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: ____.”
Ala. Code § 28-4-228 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-228
Section 28-4-228 Disposition of Liquor and Beverages, Etc., Seized Upon Final Judgment Generally - Restoration to Owner
Status: in_force

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.
Ala. Code § 28-3-13 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-13
Section 28-3-13 Sale Within State of Alcoholic Liquors or Beverages Manufactured Within States Discriminating Against Alcoholic Liquors or Beverages Manufactured, Etc., in This State
Status: in_force

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.
Ala. Code § 28-4-297 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-297
Section 28-4-297 Unlawful Disposition, Etc., of Contraband Liquors and Beverages by Custodian
Status: in_force

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.
Ala. Code § 28-3-198 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-198
Section 28-3-198 Meaning of Words and Phrases
Status: in_force

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.
Ala. Code § 28-3-46 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-46
Section 28-3-46 Powers as to Administration and Enforcement of Taxes Imposed by Chapter Generally
Status: in_force

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.
Ala. Code § 28-10-6 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-6
Section 28-10-6 Requirements for Certification
Status: in_force

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.
Ala. Code § 28-4-31 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-31
Section 28-4-31 Exhibition of Signs Containing Names of Prohibited Liquors or Beverages or Employment of Certain Words in Designating Business by Dealers in Beverages; Use of Evidence Thereof in Prosecutions Against Dealers for Sale, Offer for Sale, Etc., of Prohibited Liquors and Beverages
Status: in_force

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.
Ala. Code § 28-12-24 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-24
Section 28-12-24 Packaging
Status: in_force

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.
Ala. Code § 28-4-232 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-232
Section 28-4-232 Entry of Judgment for Abatement of Nuisance and Destruction of All Prohibited Liquors and Beverages, Movable Property, Etc., Used in Connection with Nuisance
Status: in_force

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.
Ala. Code § 28-10-8 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-8
Section 28-10-8 License Fee
Status: in_force

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.
Ala. Code § 28-5-9 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-9
Section 28-5-9 Governor to Supervise Enforcement of Chapter; Promulgation of Regulations, Requirement of Reports, Etc., Suspension or Revocation of Permits, Collection of Penalties on Bonds, Etc., by Governor; Abatement of Plant Operating Without Permit
Status: in_force

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.
Ala. Code § 28-4-319 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-319
Section 28-4-319 Grand Jury Proceedings Generally - Duty of Grand Jury to Present Indictments for Violations of Laws
Status: in_force

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.
Ala. Code § 28-3-243 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-243
Section 28-3-243 Return of Confiscated Goods
Status: in_force

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.
Ala. Code § 28-5-14 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-14
Section 28-5-14 Penalties for Violations of Chapter
Status: in_force

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.
Ala. Code § 28-3-47 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-47
Section 28-3-47 Temporary Closings of Licensed Places in Municipalities During Emergencies
Status: in_force

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.
Ala. Code § 28-4-279 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-279
Section 28-4-279 Forfeiture and Condemnation Proceedings in Circuit Courts
Status: in_force

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.
Ala. Code § 28-4-292 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-292
Section 28-4-292 Advertisement and Sale of Receptacles, Etc., of Prohibited Liquors and Beverages
Status: in_force

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.
Ala. Code § 28-4-91 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-91
Section 28-4-91 Forfeiture of Rights of Lessee Under Lease or Rent Contract
Status: in_force

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.
Ala. Code § 28-4-70 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-70
Section 28-4-70 Prohibited
Status: in_force

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.
Ala. Code § 28-6-3 — Alabama Code / Title 28 / Chapter 6 / Section 28-6-3
Section 28-6-3 To Whom Sales Authorized
Status: reserved

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
Ala. Code § 28-12-44 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-44
Section 28-12-44 Penalties for Selling Without a License
Status: in_force

(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
Ala. Code § 28-4A-6 — Alabama Code / Title 28 / Chapter 4A / Section 28-4A-6
Section 28-4A-6 Legislative Findings. (Amended by Act 2026-512)
Status: in_force

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.
Ala. Code § 28-3A-20.1 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-20.1
Section 28-3A-20.1 Removal of Resealed Bottle of Wine from Premises of Licensee
Status: in_force

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.
Ala. Code § 28-3A-26 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-26
Section 28-3A-26 Revocation of License or Permit Upon Second or Subsequent Conviction
Status: in_force

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.
Ala. Code § 28-4-162 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-162
Section 28-4-162 Prescription of Whiskey, Rum, Gin, Etc., for Medicinal Purposes
Status: in_force

No physician shall prescribe whiskey, rum, gin or brandy or any prohibited liquor for medicinal purposes, except alcohol as provided by law.
Ala. Code § 28-11-12 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-12
Section 28-11-12 Advisory Board
Status: in_force

(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.
Ala. Code § 28-9-9 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-9
Section 28-9-9 Waiver of Rights; Good Faith Dispute Settlements
Status: in_force

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.
Ala. Code § 28-4A-5 — Alabama Code / Title 28 / Chapter 4A / Section 28-4A-5
Section 28-4A-5 Violation of Chapter Constitutes Unlawful Act; Automatic Revocation of License. (Amended by Act 2026-512)
Status: in_force

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.
Ala. Code § 28-7-2 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-2
Section 28-7-2 Legislative Intent; Purpose of Chapter
Status: reserved

Repealed by Act 2010-607, p. 1478, §2, effective July 1, 2010.
Ala. Code § 28-8-8 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-8
Section 28-8-8 Unlawful Acts and Offenses; Penalties
Status: in_force

(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.
Ala. Code § 28-4-113 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-113
Section 28-4-113 Acceptance for or Shipment, Transportation, Delivery, Etc., of Prohibited Liquors or Beverages from Point to Point or Along Public Streets or Highways Within State
Status: in_force

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.
Ala. Code § 28-1-5 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-5
Section 28-1-5 Minimum Age for Purchase, Etc., of Alcoholic Beverage; Employment of Underage Individuals by Board Licensee
Status: in_force

(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.
Ala. Code § 28-4-24 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-24
Section 28-4-24 Distillation or Manufacture of Prohibited Liquors and Beverages
Status: in_force

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.
Ala. Code § 28-4-125 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-125
Section 28-4-125 Delivery by Common Carrier, Etc., to Minor of Liquors from Another State, Etc
Status: in_force

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.
Ala. Code § 28-3-19 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-19
Section 28-3-19 Engaging in Prohibited Practices, Refusing to Permit, Etc., Inspections of Premises, Interfering with Confiscation of Contraband Alcoholic Beverages, Etc., by Persons, Firms, Etc., Subject to Taxes Under Chapter
Status: in_force

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.
Ala. Code § 28-3-204 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-204
Section 28-3-204 Additional Three Percent Tax
Status: reserved

(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.
Ala. Code § 28-3-53 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-53
Section 28-3-53 Disposition of Moneys Received by Board from Licenses, Taxes and Earnings; Procedure as to Claims Against Said Moneys Generally
Status: in_force

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.
Ala. Code § 28-4-184 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-184
Section 28-4-184 Carrier, Etc., to Maintain Record of Deliveries
Status: in_force

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.
Ala. Code § 28-4-313 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-313
Section 28-4-313 Prosecutions for Violations of Chapter, Etc., Begun by Affidavit or Indictment; Right of Person Charged to Demand Grand Jury Indictment; Continuation of Prosecution Upon Original Affidavit; Amendment of Affidavit or Complaint
Status: in_force

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.
Ala. Code § 28-4-163 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-163
Section 28-4-163 Prescription, Sale, Dispensing, Etc., of Jamaica Ginger
Status: in_force

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.
Ala. Code § 28-4-224 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-224
Section 28-4-224 Requirement of Bond as Condition Precedent to Issuance of Preliminary Injunction
Status: in_force

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.
Ala. Code § 28-3-285 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-285
Section 28-3-285 Article Cumulative
Status: in_force

The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not directly in conflict herewith.
Ala. Code § 28-12-43 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-43
Section 28-12-43 Recordkeeping
Status: in_force

(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.
Ala. Code § 28-4-110 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-110
Section 28-4-110 Carriage, Delivery, Etc., into State by Common Carrier, Etc., of Prohibited Liquors and Beverages Generally
Status: in_force

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.
Ala. Code § 28-2A-3 — Alabama Code / Title 28 / Chapter 2A / Section 28-2A-3
Section 28-2A-3 Legislative Intent
Status: in_force

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.
Ala. Code § 28-4-54 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-54
Section 28-4-54 Allowance of Reward to Sheriff, Etc., Furnishing Evidence to Support Convictions for Violations of Section 28-4-50
Status: in_force

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.
Ala. Code § 28-4-250 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-250
Section 28-4-250 Authorization and Procedure Generally
Status: in_force

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.
Ala. Code § 28-3-196 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-196
Section 28-3-196 Revenue Loss Phase-Out System
Status: in_force

(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.
Ala. Code § 28-9-5 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-5
Section 28-9-5 Prohibited Acts - Wholesalers
Status: in_force

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.
Ala. Code § 28-4-326 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-326
Section 28-4-326 Penalties for Violations of Chapter
Status: in_force

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.
Ala. Code § 28-3A-8 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-8
Section 28-3A-8 Liquor Wholesaler License
Status: in_force

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.
Ala. Code § 28-3A-20 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-20
Section 28-3A-20 Special Events Retail License
Status: in_force

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.
Ala. Code § 28-4-131 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-131
Section 28-4-131 Duty of Common Carriers, Etc., to Maintain Current Record of Date of Delivery, Name and Address of Consignee and Consignor, Kind and Amount, Etc., of Liquors Delivered
Status: in_force

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.
Ala. Code § 28-3-187.1 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-187.1
Section 28-3-187.1 Exemption from Labeling Requirement
Status: in_force

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.
Ala. Code § 28-7A-5 — Alabama Code / Title 28 / Chapter 7A / Section 28-7A-5
Section 28-7A-5 Reports, Forms and Other Information; Rules and Regulations
Status: in_force

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.
Ala. Code § 28-4-151 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-151
Section 28-4-151 Sales by Retail Druggists Generally; Use of Alcohol by Such Druggists for Compounding of Prescriptions, Etc
Status: in_force

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.
Ala. Code § 28-4-256 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-256
Section 28-4-256 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Issuance by Judge
Status: in_force

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.
Ala. Code § 28-4-200 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-200
Section 28-4-200 Possession of Certain Quantities of State Tax-Paid Alcoholic Beverages for Private Use Permitted; Storage, Possession, Etc., of Alcoholic Beverages in Passenger Area of Vehicles or in View of Passengers
Status: in_force

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.
Ala. Code § 28-12-60 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-60
Section 28-12-60 Direct Shipment Prohibited; Penalties
Status: in_force

(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.
Ala. Code § 28-4-298 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-298
Section 28-4-298 Article Not Intended to Secure Search of Premises of Bona Fide Druggists or Physicians
Status: in_force

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.
Ala. Code § 28-4A-1 — Alabama Code / Title 28 / Chapter 4A / Section 28-4A-1
Section 28-4A-1 Short Title. (Amended by Act 2026-512)
Status: in_force

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.”
Ala. Code § 28-4A-3 — Alabama Code / Title 28 / Chapter 4A / Section 28-4A-3
Section 28-4A-3 Brewpub Licensing and Requirements; Conditions. (Amended by Act 2026-512)
Status: in_force

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).
Ala. Code § 28-4-278 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-278
Section 28-4-278 Forfeiture and Condemnation Proceedings Generally - Appeals from Judgment of District Court - Issuance of Order for Delivery of Liquors and Beverages, Etc., to Alcoholic Beverage Control Board or for Restoration of Same to Place or Person from Which or from Whom Seized Upon Entry of Final Judgment in Proceedings Under Article
Status: in_force

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.
Ala. Code § 28-4-269 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-269
Section 28-4-269 Forfeiture and Condemnation Proceedings Generally - Issues and Parties Generally; Style of Action; Trial of Action Generally
Status: in_force

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.
Ala. Code § 28-7-24 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-24
Section 28-7-24 Repealer; Application of Certain Taxes
Status: reserved

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.
Ala. Code § 28-2A-1.1 — Alabama Code / Title 28 / Chapter 2A / Section 28-2A-1.1
Section 28-2A-1.1 Ratification and Confirmation of Municipal Option Elections and Related Taxes and Licenses
Status: in_force

(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.
Ala. Code § 28-4-135 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-135
Section 28-4-135 Where Certain Offenses Deemed Committed
Status: in_force

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.
Ala. Code § 28-12-62 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-62
Section 28-12-62 Seizure and Forfeiture
Status: in_force

(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.
Ala. Code § 28-3A-11 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-11
Section 28-3A-11 Lounge Retail Liquor License; Approval of Municipality; Entertainment; Minors
Status: in_force

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.
Ala. Code § 28-4-133 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-133
Section 28-4-133 Duty of Common Carriers, Etc., to Permit Examination of Books, Records, Papers, Etc., in Connection with Prosecutions Under Article, Etc
Status: in_force

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.
Ala. Code § 28-4-257 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-257
Section 28-4-257 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Form
Status: in_force

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.
Ala. Code § 28-4-71 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-71
Section 28-4-71 Unlawful Drinking Places Deemed Common Nuisances; Abatement Thereof
Status: in_force

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.
Ala. Code § 28-3-244 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-244
Section 28-3-244 Condemnation and Delivery to Board of Liquors Seized Upon Which Federal Tax Has Been Paid and Containers of Which Are Unbroken or Unopened
Status: in_force

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.
Ala. Code § 28-8-1 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-1
Section 28-8-1 Legislative Policy and Intent
Status: in_force

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.
Ala. Code § 28-3A-3 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-3
Section 28-3A-3 Authority of Board to Issue Licenses to Engage in Alcoholic Beverage Transactions
Status: in_force

(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.
Ala. Code § 28-11-7 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-7
Section 28-11-7 Distribution Permits
Status: in_force

(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.
Ala. Code § 28-4-268 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-268
Section 28-4-268 Answer by Persons Claiming Right, Title, Etc., in Liquors and Beverages, Etc., Seized
Status: in_force

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.
Ala. Code § 28-12-5 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-5
Section 28-12-5 Tax
Status: in_force

(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.
Ala. Code § 28-3-5 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-5
Section 28-3-5 Retail Dealers to Furnish Duplicate Invoices for Shipments of Alcoholic Beverages Received from Without State to Board
Status: in_force

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.
Ala. Code § 28-7-4 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-4
Section 28-7-4 By and to Whom Table Wine May Be Sold
Status: in_force

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.
Ala. Code § 28-4-161 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-161
Section 28-4-161 Recordation, Etc., by Probate Judge of Statements or Prescriptions Required to Be Filed by Article; Fee of Probate Judge; Evidentiary Effect of Certified Copy of Statement or Prescription
Status: in_force

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.
Ala. Code § 28-4-252 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-252
Section 28-4-252 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Persons Authorized
Status: in_force

The warrant may be issued by a judge of a district court.
Ala. Code § 28-10-4 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-4
Section 28-10-4 Establishment of Responsible Vendors Program
Status: in_force

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.