Ala. Code § 28-3A-24 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-24
Section 28-3A-24 Suspension or Revocation of Licenses; Appointment of Hearing Commission; Notice, Hearing and Findings; Fines
Status: in_force

(a) The board shall have full and final authority as to the suspension or revocation of any license issued under this chapter and to levy a fine against a licensee in lieu of such suspension or revocation. The board shall have the full right and authority to suspend any retail license issued by it for any reason which it may deem sufficient and proper.

Provided, however, the board may appoint a hearing commission of not less than three members to hear and decide all contested applications of licenses under this chapter, and hear and decide all charges against any licensee for violation of this chapter, the law or the regulations of the board and shall have the power and authority to revoke or suspend for cause licenses and permits, or to fine licensees provided in this chapter. Provided, no member of the hearing commission shall participate in the hearing or disposition of any application for license or charge against a licensee if he has an interest therein or he was involved in the investigation.

(b) The board or a hearing commission appointed by the board, upon sufficient cause being shown or proof being made that any licensee holding a license issued by the board, or any partners, members, officers, or directors of the licensee has or have violated any of the laws of this state or regulations of the board relating to the manufacture, sale, possession or transportation of alcoholic beverages, or where the licensed premises has been conducted in a manner prejudicial to the welfare, health, peace, temperance and safety of the people of the community or of the state, may upon due notice and proper hearing being given to the person so licensed, suspend or revoke the license issued by the board. In all such cases where the board or hearing commission shall suspend or revoke a license, it shall set forth its findings of fact, the evidence from which such findings of fact are made, and the reasons upon which its actions are based.

(c) When, in the opinion of the board or hearing commission, a fine is deemed more appropriate than suspending or revoking a license, the board or hearing commission is authorized to fine the licensee for any cause that could result in suspension or revocation. Such fines may not exceed the sum of $1,000.00. The licensee must remit the fine to the administrator within one week of the day that such fine is levied. Failure to pay the fine within this period shall result in an automatic suspension of the license until such fine is paid. All fines collected by the board shall be paid by the administrator into the Treasury of the state and credited to the General Fund.

(d) The maximum length of suspension of a license under these provisions shall be one year, and any licensee whose license is suspended by the board or hearing commission shall be, at the discretion of the board or hearing commission, ineligible to have any license under this chapter until the expiration or removal of the suspension. Any licensee whose license is revoked by the hearing commission or the board shall be, at the discretion of the board or hearing commission, ineligible to have any license under this chapter until the expiration of one year from the date such license is revoked. The board or hearing commission is hereby granted broad discretionary powers in exercising its authority under this section.
Ala. Code § 28-3-49 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-49
Section 28-3-49 Promulgation, Amendment, Etc., of Regulations by Board Generally; Introduction in Evidence of Regulations, Etc
Status: in_force

(a) The board shall have authority to promulgate rules and regulations not inconsistent with this chapter for carrying out the provisions of this chapter and to alter, repeal or amend such regulations. Such rules and regulations shall have the full force and effect of law.

(b) Prima facie evidence of any such regulation may be given in all courts and proceedings by the production of what purports to be an official printed copy of such regulation, alteration, repeal or amendment.
Ala. Code § 28-6A-2 — Alabama Code / Title 28 / Chapter 6A / Section 28-6A-2
Section 28-6A-2 Direct Sales and Transportation of Table Wines to Licensed Retailers and Consumers
Status: in_force

(a)(1) For the purposes of this section, the term “table wine” includes mead.

(2) For the purposes of this section, a “small farm winery” means a manufacturer of table wine licensed by the Alcoholic Beverage Control Board, which produces fewer than 50,000 gallons of table wine per year, and meets one of the following criteria:

a. Produces at least 50 percent of its total production of table wine from fruit that is grown, or honey that is harvested, in this state.

b. Produces all of its total production of table wine within this state and owns not less than eight acres of vineyards in this state.

(3) For the purposes of this section, table wine that has been produced by a manufacturer, or a subsidiary or affiliate or other related entity of the manufacturer, and table wine produced exclusively for the winery by another manufacturer shall be considered to be produced by the winery and shall be included in the 50,000 gallon limit provided in subdivision (2).

(b) A catastrophic loss to produce grown in this state, including, but not limited to, one caused by drought or frost, does not disqualify a small farm winery if the winery qualified as a small farm winery prior to the catastrophic loss.

(c) Notwithstanding any provision of this title to the contrary, a small farm winery may do all of the following:

(1) Sell its table wines produced on its licensed premises directly from its licensed premises at retail to consumers physically present at the licensed premises, either for on-premises or off-premises consumption, for personal use and not for resale; provided, the winery collects and remits all state and local sales or use taxes and excise taxes due on the sale of table wine to consumers, packages and labels the wine in accordance with state and federal law, and reports its annual production of table wine to the board.

(2)a. Either of the following, provided that transportation of wine under this subdivision is made by the winery’s employees in a vehicle owned or leased by the winery:

1. Sell and transport up to 10,000 gallons of its table wine produced on its licensed premises directly to licensed retailers each year.

2. Sell and transport up to 20,000 gallons of its table wine produced on its licensed premises directly to licensed retailers each year, if the winery provides to the board proof that the winery’s table wine has been declined to be distributed by two separate wholesalers of table wine. If the winery’s table wine has been accepted for distribution by any wholesaler of table wine, then the winery may not sell its table wine directly to retailers under this paragraph.

b. For purposes of this subdivision, “retailers” include those that are licensed by the board for on-premises consumption, for off-premises consumption, or for both.

c. If a winery sells and transports 20,000 total gallons of table wine directly to retailers as provided in this subdivision in any one year, that winery may not subsequently sell and transport table wine directly to retailers under this subdivision.

d. Notwithstanding any other provision of this section to the contrary, a small farm winery may only sell and transport table wine that has been approved by the board for sale within the state and for which the small farm winery owns the Certificate of Label Approval issued by the Alcohol and Tobacco Tax and Trade Bureau.

(3) Provided that transportation of wine under this subdivision is made by the winery’s employees in a vehicle owned or leased by the winery, sell and transport its table wine to an educational tourism distillery licensed under this title solely for on-premises consumption at the educational tourism distillery pursuant to law and board rules.

(d) A county or a municipality may not require a small farm winery to pay any fees, including business licensure fees, to make sales or deliveries under this section, or any additional local tax other than the tax described in subdivision (c)(1).

(e)(1) A small farm winery shall maintain records verifying that the winery meets the qualifications under this section, and shall provide those records to the board upon request.

(2) A small farm winery shall report to the board each month the amount of table wine sold directly to each licensed retailer under this section.

(f) The board shall adopt rules to implement this section.
Ala. Code § 28-3A-13 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-13
Section 28-3A-13 Restaurant Retail Liquor License
Status: in_force

(a) Upon applicant’s compliance with this chapter and the rules adopted thereunder, the board shall, where the application is accompanied by a certificate from the clerk or proper officer setting out that the applicant has presented his or her application to the governing authority of the municipality, if the licensed premises is to be located therein, and has obtained its consent and approval issue a restaurant liquor license for a hotel, restaurant, civic center authority, or dinner theater which will authorize the licensee to purchase liquor and wine from the board or as authorized by the board and to purchase table wine and beer, including draft or keg beer, in any county or municipality in which the sale thereof is permitted, from any wholesale licensee of the board and, in that part of the hotel, restaurant, club, or dinner theater set out in the license, to sell liquor and wine, dispensed from containers of any size, and beer, including draft or keg beer, in any county or municipality in which the sale thereof is permitted, to the patrons, guests, or members for on-premises consumption in any part of the civic center or in that part of the hotel, restaurant, or dinner theater habitually used for serving meals to patrons, guests, or members, or other public or private rooms of the building in accordance with this chapter and the rules adopted thereunder, and where a restaurant located in a hotel, but not operated by the owner of the hotel, is licensed to sell alcoholic beverages in the restaurant, it may also sell alcoholic beverages to guests in private rooms in the hotel.

(b) In accordance with Section 28-3A-13.1, a restaurant retail liquor licensee licensed to sell beer, wine, or spirits for on-premises consumption may apply for and be issued a delivery service license that authorizes the licensee to deliver, along with the purchase of a meal, beer, wine, or spirits from the retailer’s premises.
Ala. Code § 28-4-157 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-157
Section 28-4-157 Prescription - Contents
Status: in_force

Said prescription shall state the disease or ailment from which the patient is suffering and shall prescribe the method of the use or administration of said alcohol and the quantity of the dose or doses to be taken and the intervals between doses or the time when the same are to be administered. The prescription shall state and certify that the use of such alcohol, in the opinion of the physician, is necessary to alleviate or cure the illness or disease from which such patient is suffering. Every such prescription shall contain the name and address of the physician giving the prescription, the name and address of the person for whom the alcohol is prescribed and the date on which the prescription is written and shall state the number of prescriptions for alcohol which the physician has written for said patient within 12 months or that he has not written any within that period for said patient.
Ala. Code § 28-4-223 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-223
Section 28-4-223 Issuance of Preliminary Injunction Generally
Status: in_force

When a petition making a prima facie case and properly verified is presented to the judge of the court wherein the petition is filed or is to be filed or other judge authorized by the law of the state to grant a preliminary injunction, such judge may, after notice to the adverse party and a hearing, issue a preliminary injunction, and the judge shall direct the terms of the preliminary injunction so as to carry out the purposes of the law, which is to secure the restraint and abatement of such liquor nuisances on the premises.
Ala. Code § 28-3A-15 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-15
Section 28-3A-15 Retail Table Wine License for Off-Premises Consumption
Status: in_force

Upon an applicant’s compliance with this chapter and the rules adopted thereunder, in counties and municipalities where authorized, the board shall issue a retail table wine license for any retail outlet, which license will authorize the licensee to purchase table wine in packaged form from the board or licensed wholesalers, and to sell the table wines in original unopened containers or in a container approved by the board at retail for off-premises consumption, where the use of the proposed location of the retail outlet is not, at the time of original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the retail outlet is located.
Ala. Code § 28-3-41 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-41
Section 28-3-41 Compensation of Board
Status: in_force

Each member of the board shall be entitled to receive $25.00 for each day actually engaged in the performance of his duties, not to exceed $2,500.00 for any year. The Governor, at his discretion, however, may at any time issue an executive order that any member of said board shall serve without compensation. In such event, and until such executive order is rescinded, any such member shall not be entitled to any compensation whatsoever for the performance of his duties as a member of said board, but he shall be entitled to the expenses provided by law for members of said board while engaged in the performance of their duties.
Ala. Code § 28-7-22 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-22
Section 28-7-22 Interlocking Businesses and Interests Prohibited
Status: in_force

No manufacturer and no officer or director of any manufacturer shall, at the same time, be a wine wholesaler or retailer, or an officer, director or stockholder or creditor of any wine wholesaler or retailer, nor except as hereinafter provided, be the owner, proprietor or lessor of any place covered directly or indirectly by any wine wholesaler’s license or wine retailer’s license or other retail license authorizing the sale of wine in this state.

No wine wholesaler and no officer or director of any wine wholesaler shall at the same time be a manufacturer or wine retailer, or be an officer, director, stockholder or creditor of a manufacturer or wine retailer, or be the owner, proprietor or lessor of any place covered by any retail table wine license.

No licensee licensed under this chapter, shall directly or indirectly own any stock of, or have any financial interest in, any other class of business licensed under this chapter.

Excepting as hereinafter provided, no wine manufacturer or wholesaler shall in anywise be interested, either directly or indirectly in the ownership or leasehold of any property, or in any mortgage against the same, for which a liquor or wine retailer’s license is granted; nor shall a wine manufacturer or wholesaler either directly or indirectly, lend any moneys, credit or equivalent thereof to any retailer in equipping, fitting out or maintaining and conducting, either in whole or in part, an establishment or business operated under a wine retailer’s or liquor retail dispensers’ license, excepting only the usual and customary credits allowed for returning packages or containers in which table wine was packed for market by the manufacturer.

Excepting as hereinafter provided, no manufacturer shall in anywise be interested, directly or indirectly, in the ownership or leasehold of any property, or any mortgage lien against the same, for which a wine wholesaler’s license is granted, nor shall a manufacturer, either directly or indirectly, lend any moneys, credit or their equivalent to any wine wholesaler in equipping, fitting out, or maintaining and conducting, either in whole or in part, an establishment or business where table wines are licensed for sale by a wine wholesaler, excepting only the usual credits allowed for the return of packages or containers in which table wines were originally packed for the market by the manufacturer.

No wine wholesaler or retailer shall in anywise, either directly or indirectly, receive any credit, loan, moneys or the equivalent thereof from any other licensee, or from or through a subsidiary or affiliate of another licensee or from a firm, association, or corporation, except banking institution in which another licensee or any officer, director or firm member of another licensee has a substantial interest or exercises a control of its business policy for equipping, fitting out, payment of license fee, maintaining and conducting, either in whole or in part, an establishment or business operated under a wine wholesaler’s or retailer’s license, excepting only the usual and customary credits allowed for the return of packages or containers in which table wines were packed for the market by the manufacturer.

The purpose of this section is to require a separation of the financial and business interest between the various classes of business regulated by this chapter, and no person or corporation shall by any device whatsoever, directly or indirectly, evade the provisions of this section.
Ala. Code § 28-2-21 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-21
Section 28-2-21 Petitioners for Election Under Section 28-2-1 May Request Election on Adoption of This Article; Question to Be Asked Voters
Status: in_force

Whenever petitioners for an election under Section 28-2-1 shall so desire, the petition shall contain the following: “It is requested that the election herein requested be on the adoption of the Special Method Referendum Act of 1971.”

In an election called for the above-stated act, the voters of the county shall be asked the question: “Do you favor the legal sale and distribution of alcoholic beverages within this county under the Special Method Referendum Act of 1971? Yes _____, No _____.”
Ala. Code § 28-4-318 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-318
Section 28-4-318 Grand Jury Proceedings Generally - Exemption from Prosecution of Witnesses
Status: in_force

A witness must not be prosecuted for any offense as to which he testifies before the grand jury, and the district attorney or any member of the grand jury may be a witness to prove that fact.
Ala. Code § 28-4-290 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-290
Section 28-4-290 Advertisement and Sale by Sheriff, Etc., of Vehicle, Animal, Etc., Seized for Illegal Transportation of Liquor or Beverages Where Owner, Etc., Cannot Be Ascertained; Rights in Seized Vehicles, Animals, Etc., Disposed of Upon Such Sale by Sheriff or Sale by Court in Condemnation Proceedings
Status: in_force

Any sheriff or other officer who seizes or comes into possession of such vehicle, animal or property illegally used for the transportation of liquor or beverages within or into the state and does not know or cannot ascertain the possessor or owner thereof shall advertise and sell the same according to the rules for selling personal property under execution, and both the court in condemnation proceedings and the said officer on advertisement shall sell the right of all interested persons in and to said conveyances, vehicles and other property who aided or assisted in the illegal transportation or who had knowledge or notice thereof or could by reasonable diligence have obtained knowledge or notice thereof.
Ala. Code § 28-12-47 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-47
Section 28-12-47 Reporting
Status: in_force

A retailer shall submit to the board, on the last day of the month following the month of receipt or sale, a consolidated report of all receipts and sales of all consumable hemp products made to customers during the preceding month and any other information relevant to the retail sale of consumable hemp products as determined by the board, by rule. The reports shall be in the form and containing information as the board may prescribe.
Ala. Code § 28-3-55 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-55
Section 28-3-55 Cost of Evidence Fund; Creation; Aid in Drug Law Enforcement; Appropriation
Status: in_force

(a) The Law Enforcement Division of the Alabama Alcoholic Beverage Control Board, for the procurement of evidence to aid in the criminal enforcement of the laws of this state, may establish a fund known as the “Cost of Evidence Fund” in the amount of one hundred thousand dollars ($100,000). This fund is to be administered by the Administrator of the Alcoholic Beverage Control Board, and upon approval, the State Comptroller shall draw a warrant on the State Treasury to create this fund. It shall be the responsibility of the Administrator of the Alcoholic Beverage Control Board to insure that the fund is maintained at an amount not to exceed one hundred thousand dollars ($100,000), and upon presentation to the Comptroller of the properly documented expenditures the Comptroller shall cause a warrant to be drawn to replenish this fund. The fund shall be managed by the Administrator of the Alcoholic Beverage Control Board to make such distributions from this fund to Alcoholic Beverage Control Board agents as deemed necessary.

(b) The Alabama Alcoholic Beverage Control Board may expend moneys for the purposes authorized in subsection (a), which moneys shall be paid from the funds appropriated to the Law Enforcement Division of the Alcoholic Beverage Control Board for “other expenses.”
Ala. Code § 28-3-20 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-20
Section 28-3-20 Penalties for Violations of Provisions of Chapter or Rules and Regulations of Boards Generally
Status: in_force

Any person who violates any of the provisions of this chapter for which a penalty is not provided or any rule or regulation promulgated in conformity with this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 for each offense and, in addition, may be imprisoned in the county jail for a period not to exceed six months.
Ala. Code § 28-3A-14 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-14
Section 28-3A-14 Retail Table Wine License for On-Premises and Off-Premises Consumption
Status: in_force

Upon the applicant’s compliance with this chapter and the rules adopted thereunder, the board shall issue to the applicant a retail table wine license which authorizes the licensee to purchase table wine from the board or from a licensed wholesaler in counties and municipalities where authorized, and to sell at retail, in unopened original containers, and to sell at retail or to dispense in a container approved by the board, for on-premises consumption in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public, and in containers approved by the board for off-premises consumption, where the use of the proposed location is not, at the time of the original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the outlet is located.
Ala. Code § 28-3-16 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-16
Section 28-3-16 Advertising of Alcoholic Beverages
Status: in_force

There shall be no electric signs, painted signs or signs of any kind displayed outside any place of business advertising alcoholic beverages, as enumerated and defined in this chapter. There shall be no advertising of alcoholic beverages, as enumerated and defined in this chapter, except through newspapers, magazines, radio broadcasting stations, commercial vehicles used for transportation of alcoholic beverages and billboards located in “wet” counties, as defined in this chapter; provided, that there shall be no advertising of alcoholic beverages by means of billboards located in “dry” counties, as defined in this chapter.
Ala. Code § 28-3-44 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-44
Section 28-3-44 Lease of Trucks, Etc., for Transportation of Alcoholic Beverages Purchased, Sold or Stored by Board; Employment of Operators of Leased Equipment
Status: in_force

(a) The board is hereby authorized and empowered to lease trucks, road tractors and trailers and similar equipment when needed for the transportation of alcoholic beverages purchased, stored or sold by it, but only on condition that such equipment will be maintained by the lessor. The consideration for any such leased equipment to be paid by the board shall be based on fair rental value of the equipment leased, and the cost of transportation with leased equipment shall not be in excess of the cost of transportation by common motor carrier service.

(b) The board is also authorized and empowered to employ drivers or operators of any equipment leased by it, without regard to the provisions of the Merit System Act.
Ala. Code § 28-4-129 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-129
Section 28-4-129 Filing of Statement by Board; Inspection of Statement by District Attorney or Police Officers
Status: in_force

It shall be the duty of the board to file immediately the statement required by Section 28-4-127 as a part of the files of its office and to permit any sheriff, deputy sheriff, constable, chief of police or other police officer of a municipality, district attorney whose duty it is to prosecute crime in the county in which delivery is made and any other peace officer of the county or officer charged with the duty of prosecuting violations of the law to inspect the said statements as they may desire at any time and especially to permit inspection thereof by any officer or other duly authorized person seeking information for the prosecution of persons charged with or suspected of crime, especially the crime of selling, giving away, bartering, keeping for sale or otherwise disposing of liquors or any beverages prohibited by the laws of the state to be sold, given away, kept for sale or otherwise disposed of, and to permit any and all other persons so desiring to inspect the said statements to do so at any time.
Ala. Code § 28-4-122 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-122
Section 28-4-122 Giving of Order for Receipt, Etc., of Liquors Consigned from Another State, Etc., to Another Person by Consignee
Status: in_force

It shall be unlawful for any person, firm or corporation to whom any such liquor mentioned in Section 28-4-120 has been consigned from any of the points or places mentioned in Section 28-4-120, whether consigned to the party by the right name or by a fictitious name, to give to any other person an order for such liquor to any railroad company, express company or other common carrier or any officer, agent or employee of any of them or to any other person, where the purpose of such order is to enable such person to obtain or receive such liquors for himself or for any other person, firm or corporation than the consignee.
Ala. Code § 28-3-1 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-1
Section 28-3-1 Definitions. (Amended by Act 2026-504)
Status: reserved

AMENDED BY ACT 2026-504, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

As used in this title, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine.

(2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons.

(3) BEER, or MALT OR BREWED BEVERAGES. Any beer, lager beer, ale, porter, malt or brewed beverage, or similar fermented beverage containing one-half of one percent or more of alcohol by volume and not in excess of thirteen and nine-tenths percent alcohol by volume, brewed or produced from malt, wholly or in part, or from rice, grain of any kind, bran, glucose, sugar, or molasses. A beer or malt or brewed beverage may incorporate honey, fruit, fruit juice, fruit concentrate, herbs, spices, or other flavorings during the fermentation process. The term does not include any product defined as liquor, table wine, or wine.

(4) BOARD. The Alcoholic Beverage Control Board.

(5) BRANDY. All beverages that are an alcoholic distillate from the fermented juice, mash, or wine of fruit, or from the residue thereof, produced in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to the beverage, as bottled at not less than 80 degree proof.

(6) CARTON. The package or container or containers in which alcoholic beverages are originally packaged for shipment to market by the manufacturer or its designated representatives or the importer.

(7) CIDER. A fermented alcoholic beverage made from apple juice and containing not more than 8.5 percent alcohol by volume.

(8) CLUB.

a. Class I. A corporation or association organized or formed in good faith by authority of law and which must have at least 150 paid-up members. It must be the owner, lessee, or occupant of an establishment operated solely for the objects of a national, social, patriotic, political, or athletic nature or the like, but not for pecuniary gain, and the property as well as the advantages of which, belong to all the members and which maintains an establishment provided with special space and accommodations where, in consideration of payment, food with or without lodging is habitually served. The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation, and ballot, and charge and collect dues from elected members.

b. Class II. A corporation or association organized or formed in good faith by authority of law and which must have at least 100 paid-up members. It must be the owner, lessee, or occupant of an establishment operated solely for the objects of a national, social, patriotic, political, or athletic nature or the like. The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation, and ballot, and charge and collect dues from elected members.

(9) CONTAINER. The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public.

(10) CORPORATION. A corporation or joint stock association organized under the laws of this state, the United States, or any other state, territory or foreign country, or dependency.

(11) DELIVERY. The transportation of alcoholic beverages directly from a retail licensee of the board to an individual, pursuant to Section 28-1-4 and Section 28-3A-13.1.

(12) DELIVERY SERVICE LICENSE. A license issued by the Alabama Alcoholic Beverage Control Board in accordance with Section 28-3A-13.1 that authorizes the licensee, the licensee’s employees, or independent contractors under a contractual or business arrangement with the licensee to transport and deliver alcoholic beverages.

(13) DRY COUNTY. Any county which by a majority of those voting voted in the negative in an election heretofore held under the applicable statutes at the time of the election or may hereafter vote in the negative in an election or special method referendum hereafter held in accordance with Chapter 2, or held in accordance with the provisions of any act hereafter enacted permitting such election.

(14) DRY MUNICIPALITY. Any municipality within a wet county which has, by its governing body or by a majority of those voting in a municipal election heretofore held in accordance with the provisions of Section 28-2-22, or in a municipal option election heretofore or hereafter held in accordance with the provisions of Act 84-408, Acts of Alabama 1984, appearing as Chapter 2A, or any act hereafter enacted permitting municipal option election, voted to exclude the sale of alcoholic beverages within the corporate limits of the municipality.

(15) EMPLOYEE. An individual to whom an employer is required to issue a W-2 tax form under federal law.

(16) GENERAL WELFARE PURPOSES. All of the following:

a. The administration of public assistance as set out in Sections 38-2-5 and 38-4-1.

b. Services, including supplementation and supplementary services under the federal Social Security Act, to or on behalf of persons to whom public assistance may be given under Sections 38-2-5 and 38-4-1.

c. Service to and on behalf of dependent, neglected, or delinquent children.

d. Investigative and referral services to and on behalf of needy persons.

(17) HEARING COMMISSION. A body appointed by the board to hear and decide all contested license applications and all disciplinary charges against any licensee for violation of this title or the rules of the board.

(18) HOTEL. A building or buildings held out to the public for housing accommodations of travelers or transients, and shall include motel, but shall not include a rooming house or boarding house.

(19) IMPORTER. Any person, association, or corporation engaged in importing alcoholic beverages, liquor, wine, or beer, manufactured outside of the United States of America into this state or for sale or distribution in this state, or to the board or to a licensee of the board.

(20) INDEPENDENT CONTRACTOR. An individual to whom an employer is required to issue a 1099 tax form under federal law.

(21) KEG. A pressurized factory sealed container with a capacity equal to or greater than five U.S. gallons, from which beer is withdrawn by means of an external tap.

(22) LIQUOR. Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous, or otherwise alcoholic, and all drinks or drinkable liquids, preparations, or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine.

(23) LIQUOR STORE. A liquor store operated by the board, where alcoholic beverages other than beer are authorized to be sold in unopened containers.

(24) MANUFACTURER. Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board.

(25) MEAD. An alcoholic beverage produced by fermenting a solution of honey and water with grain mash and containing not more than 18 percent alcohol by volume.

(26) MEAL. A diversified selection of food some of which is not susceptible of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.

(27) MINOR. Any person under 21 years of age; provided, however, in the event Section 28-1-5, shall be repealed or otherwise shall be no longer in effect, thereafter the provisions of Section 26-1-1, shall govern.

(28) MUNICIPALITY. Any incorporated city or town of this state to include its police jurisdiction.

(29) PERSON. Every natural person, association, or corporation. Whenever used in a clause prescribing or imposing a fine or imprisonment, or both, such term as applied to association shall mean the partners or members thereof and as applied to corporation shall mean the officers thereof, except as to incorporated clubs the term person shall mean such individual or individuals who, under the bylaws of such clubs, shall have jurisdiction over the possession and sale of liquor therein.

(30) POPULATION. The population according to the last preceding or any subsequent decennial census of the United States, except where a municipality is incorporated subsequent to the last census, in which event, its population until the next decennial census shall be the population of the municipality as determined by the judge of probate of the county as the official population on the date of its incorporation.

(31) RESTAURANT. A reputable place licensed as a restaurant, operated by a responsible person of good reputation and habitually and principally used for the purpose of preparing and serving meals for the public to consume on the premises.

(32) RETAILER. Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer.

(33) SALE or SELL. Any transfer of liquor, wine or beer for a consideration, and any gift in connection with, or as a part of, a transfer of property other than liquor, wine, or beer for a consideration.

(34) SELLING PRICE. The total marked-up price of spirituous or vinous liquors sold by the board, exclusive of taxes levied thereon.

(35) TABLE WINE. Except as otherwise provided in this subdivision, any wine containing not more than 24 percent alcohol by volume. Table wine does not include any wine containing more than sixteen and one-half percent alcohol by volume that is made with herbs or flavors, except vermouth, or is an imitation or other than standard wine. Table wine is not liquor, spirituous, or vinous.

(36) UNOPENED CONTAINER. A container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.

(37) WET COUNTY. Any county which by a majority of those voting voted in the affirmative in an election heretofore held in accordance with the statutes applicable at the time of the election or may hereafter vote in the affirmative in an election or special method referendum held in accordance with Chapter 2, or other statutes applicable at the time of the election.

(38) WET MUNICIPALITY. Any municipality in a dry county which by a majority of those voting voted in the affirmative in a municipal option election heretofore or hereafter held in accordance with the provisions of Act 84-408, Acts of Alabama 1984, appearing as Chapter 2A of this title, as amended, or any act hereafter enacted permitting municipal option election, or any municipality which became wet by vote of the governing body or by the voters of the municipality heretofore or hereafter held under the special method referendum provisions of Section 28-2-22, or as hereafter provided, where the county has become dry subsequent to the elected wet status of the municipality.

(39) WHOLESALER. Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only.

(40) WINE. All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice.
Ala. Code § 28-4-30 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-30
Section 28-4-30 Punishment of Agents or Assisting Friends of Buyers or Sellers of Prohibited Liquors and Beverages
Status: in_force

Any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and beverages shall be punishable as if he had sold said prohibited liquors and beverages, and conviction may be had of such agent or assisting friend upon an indictment, affidavit or complaint against him for selling prohibited liquors and beverages contrary to law.
Ala. Code § 28-4-267 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-267
Section 28-4-267 Delivery to Certain Persons and Posting of Copies of Notice
Status: in_force

A copy of such notice shall be delivered to the person or other party who kept the liquors and beverages or had possession of the liquors and beverages at the time of the seizure, and a copy shall also be delivered to the party named in the affidavit for the warrant if a different party from the one who kept or had possession of the liquors and beverages at the time of the seizure, and the officer shall place another copy of such notice in a conspicuous place upon said premises.
Ala. Code § 28-4-276 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-276
Section 28-4-276 Forfeiture and Condemnation Proceedings Generally - Appeals from Judgment of District Court - Authorization and Procedure Generally
Status: in_force

Any party may appeal within 14 days from the date of final judgment or denial of a post-trial motion, whichever is later, any judgment entered under the provisions of this article in any district court, such appeal to be taken in behalf of the state to the circuit court by the district attorney by filing a notice of appeal with the judge of the district court.
Ala. Code § 28-4-116 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-116
Section 28-4-116 Conduct of Business of Delivering, Transporting, Storing or Warehousing Prohibited Liquors and Beverages by Transfer, Warehouse, Etc., Companies; Forfeiture of Charter of Corporations Violating Provisions of Section
Status: in_force

No transfer company, traffic company, transportation company, warehouse company or other like corporation chartered under or by the laws of Alabama shall have any right or power to engage in or carry on the business of delivering, transporting, storing or warehousing any prohibited liquors and beverages except under the supervision of and on permit from the Alcoholic Beverage Control Board.

Any corporation of this state offending against this provision or engaging in such business shall forfeit its charter, which forfeiture may be declared upon an action in quo warranto before a court of competent jurisdiction if any person or officer wishes to institute the action.
Ala. Code § 28-4-128 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-128
Section 28-4-128 Alcoholic Beverage Control Board to Make Written Demand for Statement Upon Failure of Common Carrier, Etc., to File Same; Notification of Attorney General of Further Refusal or Neglect to File Statement; Institution of Proceedings for Mandamus or Injunction by Attorney General
Status: in_force

If any person, firm or corporation within the terms of this article shall neglect or refuse to file with the Alcoholic Beverage Control Board such statement or statements as required by Section 28-4-127, then it shall be the duty of the said board to make written demand upon such person, firm or corporation to comply with the requirements of Section 28-4-127, such demand to be served by any agent or officer of the board and return made to the board upon a copy of the original demand.

Upon further refusal or noncompliance, it shall be the duty of the board to inform promptly the Attorney General of the state of such failure or refusal, and it shall then be the duty of the Attorney General to file a petition in the name of the state on the relation of the office, filing same in an appropriate court to secure a mandamus to compel compliance with Section 28-4-127 or to file a petition for a mandatory injunction restraining the further noncompliance with Section 28-4-127 on the part of the delinquent person, firm or corporation.
Ala. Code § 28-11-6.1 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-6.1
Section 28-11-6.1 Vending Machines
Status: in_force

No tobacco, tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system shall be distributed by use of a vending machine.
Ala. Code § 28-5-7 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-7
Section 28-5-7 Sale, Transportation, Etc., of Alcohol, Etc., Not Authorized by Federal or State Permit; Sale, Transportation, Etc., of Denatured Alcohol Rendered Unfit for Beverage Use
Status: in_force

It shall be unlawful for any permittee or for any officer, agent, employee or servant of such permittee or for any person to sell, deliver, transport or remove from the premises of an industrial alcohol plant any alcohol or liquid compound containing alcohol, except in compliance with a permit authorizing such sale, delivery, transportation or removal issued as required by the laws of the United States and the regulations issued thereunder and except as permitted by this chapter; provided, that no permit under this chapter shall be required for sale, delivery, transportation or removal from such industrial alcohol plant of denatured alcohol in accordance with formulas that may be provided by regulations of the United States government so as to render such alcohol unfit for beverage use. The container in which such denatured alcohol is transported shall be labeled “Denatured Alcohol.”
Ala. Code § 28-4-229 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-229
Section 28-4-229 Fees and Allowances of Officers Executing Writs of Seizure; Payment of Costs in Proceedings
Status: in_force

There shall be allowed the officer making the seizure under a writ issued under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of $3.00 and the sum of $.10 for every mile traveled in making the seizure, together with such reasonable sum as the court may deem just for necessary expenses incurred in transporting and providing storage for liquors and beverages and other movable property seized, all which costs shall be taxed in the bill of costs and, if not collected from a defendant, then shall be taxed and paid as in criminal prosecutions in which the state fails.

The costs in such injunction proceedings, unless charged against some party defendant by the court and collected from him, shall be paid as in criminal actions in which the state fails, upon the court making an order to that effect.
Ala. Code § 28-10-1 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-1
Section 28-10-1 Short Title
Status: in_force

This chapter may be cited as the “Alabama Responsible Vendor Act.”
Ala. Code § 28-3-51 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-51
Section 28-3-51 Promulgation of Rules and Regulations as to Affixing of Stamps, Crowns or Lids on Articles, Etc., Handled by Persons, Firms, Etc., Operating on Interstate Common Carriers
Status: in_force

The board may promulgate rules and regulations governing the affixing of stamps, crowns or lids on any articles or commodities handled by persons, firms or corporations operating on interstate common carriers.
Ala. Code § 28-4-280 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-280
Section 28-4-280 Allowances and Fees of Officers Executing Search Warrants and Attending and Prosecuting Forfeiture and Condemnation Actions for State
Status: in_force

There shall be allowed the officer making the seizure under a search warrant the sum of $3.00 and also the additional sum of $2.00 for every day that such officer shall necessarily be employed in attending court for the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant, together with such reasonable sum as the court may deem just for necessary expenses incurred in transporting and providing storage for liquors and beverages and vessels and receptacles seized.

Where a warrant is issued to any peace officer to search a designated place for prohibited liquors and beverages and such officer executes such warrant and seizes such liquors or beverages, but fails to arrest any person or persons for having such prohibited liquors or beverages in his or their possession, then no fees, mileage or allowances shall be paid to anyone for any service under this article.

Where a warrant is issued to any peace officer to search a designated place for prohibited liquors or beverages and such officer executes said warrant, seizes such prohibited liquors or beverages, arrests one or more persons alleged to have had the possession of such liquors or beverages at the time of said seizure and said person is tried and acquitted of the charge or charges arising out of the possession, use or sale of said seized prohibited liquors or beverages by the court having jurisdiction of the action or the action is nol prossed by such court or withdrawn and filed, then the fees, mileage or allowances set out in this section shall be taxed and paid as in criminal prosecutions in which the state fails, upon the court or judge making an order to that effect. If, however, the arrest of one or more persons alleged to have had the possession of such liquors or beverages is made and the defendant or defendants are finally convicted, the costs or fees set out in this section shall be taxed in the bill of costs against such defendant or defendants and, if not collected from such defendant or defendants so convicted, shall be taxed and paid as in criminal prosecutions in which the state fails, upon the court or judge making an order to that effect.
Ala. Code § 28-3A-13.3 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-13.3
Section 28-3A-13.3 Use of Curbside Pick-Up or Takeout Services for Sale of Alcoholic Beverages by Certain Licensed Retailers
Status: in_force

(a) A licensee of the Alcoholic Beverage Control Board who holds a license that allows the sale of alcoholic beverages for on-premises consumption or for off-premises consumption, or both, may sell alcoholic beverages, for off-premises consumption only, using curbside pick-up or takeout services.

(b) All alcoholic beverages sold pursuant to this section must be in sealed, unopened containers and as follows:

(1) Liquor may be sold in any size container, provided the total amount of liquor sold may not exceed 9,000 milliliters per customer in any single 24-hour period, except restaurant licensees’ liquor sales may not exceed 375 milliliters per customer and must be accompanied by a food order.

(2) Table wine may be sold in any size container, provided the total amount of table wine sold may not exceed 9,000 milliliters or the equivalent of 12 750 milliliter bottles of table wine per customer.

(3) Beer, with the exception of draft beer, may be sold in any packaging and in any size container, provided the total amount of beer sold may not exceed 120 12-ounce containers of beer per customer.

(4) Draft beer may be sold only in areas where draft sales are authorized and sealing requirements are met, provided the total amount of draft beer sold may not exceed 288 ounces per customer.

(c) Any employee handling alcoholic beverages for a pick-up or takeout order must be 21 years of age or older and must verify that the recipient is 21 years of age or older.

(d) The licensee is responsible for complying with all other laws of this title and rules adopted by the board thereunder.
Ala. Code § 28-7-10.1 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-10.1
Section 28-7-10.1 Licensure of Wine Manufacturers in Dry Counties for Sale, Shipment, and Delivery of Wine Under Certain Condtions
Status: in_force

(a) Upon an applicant’s compliance with this section and the rules adopted pursuant to this section, the board may issue a wine manufacturer license to the applicant which shall authorize the licensee to manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county only for the sale for distribution outside of the county. No person shall manufacture or otherwise distill, produce, ferment, bottle, or compound wine in a dry county for sale or distribution unless the person or the authorized representative of the person has been granted a wine manufacturer license issued by the board pursuant to this section.

(b) A wine manufacturer licensed under this section is prohibited from doing any of the following:

(1) Selling any wine or dispensing any tastings for consumption on its licensed premises .

(2) Selling or delivering any wine in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U.S. Treasury Department.

(3) Maintaining or operating within the state any place or places, other than the place or places covered by the wine manufacturer license.

(c) Any wine manufactured in the dry county by the manufacturer licensed pursuant to this section may be sold only for shipment and delivery to a licensed wine wholesaler in this state or to a legal distributor outside of this state , except that the manufacturer may use its employees to sell and transport wine directly to retail licensees of the board in a vehicle owned or leased by the manufacturer subject to the following limits:

(1) No more than 10,000 gallons produced on its licensed premises each year.

(2) No more than 20,000 gallons produced on its licensed premises each year if the manufacturer provides to the board proof that its wine has been declined to be distributed by two licensed wine wholesalers. If the manufacturer’s wine has been accepted for distribution by any licensed wine wholesaler, it may not sell and transport its wine directly to retailers under this subdivision.

(d) A wine manufacturer licensee licensed pursuant to this section shall be required to file with the board, prior to making any sales, a list of its labels to be sold and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All wines whose labels have not been registered as herein provided shall be considered contraband and may be seized by the board or its agents, or any peace officer of the state without a warrant and the goods shall be delivered to the board and disposed of as provided by law.

(e) A wine manufacturer licensee licensed pursuant to this section shall be required to send to the board, prior to the twentieth day of each month, a consolidated report of all shipments of alcoholic beverages made to each licensed wholesaler or licensed retailer during the preceding month. The reports shall be in the form and shall contain the information as the board may require.

(f) Every wine manufacturer licensed pursuant to this section shall keep at its principal place of business within the state, daily permanent records which shall show the quantities of raw materials used in the manufacture of wine, and the quantities of wine manufactured and stored, the sale of wine, the quantities of wine stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers of the wine.

(g) Every place licensed as a wine manufacturer pursuant to this section shall be subject to inspection by the board or by persons duly authorized and designated by the board at any time of the day or night as they may deem necessary, for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees shall be open for inspection at all times by the board or by persons duly authorized and designated by the board. Members of the board and its duly authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.

(h) Where otherwise lawful, a manufacturer licensed under this section may qualify with the board as the host of or as a participant in a wine festival located in a wet municipality in the county of its licensed premises or outside the county of its licensed premises pursuant to Section 28-3A-20.4.

(i) Licenses issued under this section, unless revoked in the manner provided in this chapter, shall be valid for the license year commencing January 1 of each year.

(j) The board may adopt rules to implement and administer this section.

(k) The provisions of Act 2021-517 are supplemental to any laws regulating alcoholic beverages in this state and shall not be construed to repeal or supersede any laws or rules of the Alcoholic Beverage Control Board not in direct conflict with Act 2021-517.
Ala. Code § 28-3-45 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-45
Section 28-3-45 Supervision of Sale and Distribution of Malt or Brewed and Vinous Beverages; Collection of Licenses and Taxes Accruing from Sale, Distribution, Etc., of Malt and Vinous Beverages Generally
Status: in_force

(a) The board is authorized, empowered and directed to supervise the conduct, management and operation of the sale and distribution within this state of all malt or brewed beverages as defined in this chapter and vinous beverages of an alcoholic content of not to exceed 24 percent by volume.

(b) The board is authorized and directed to collect all licenses and taxes levied in this chapter accruing from the sale, distribution, receipt or storing for the purpose of sale within this state any and all malt and vinous beverages enumerated and defined in this chapter.
Ala. Code § 28-4-130 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-130
Section 28-4-130 Board to Furnish Certified Copies of Statements to Officers, Etc.; Admissibility in Evidence of Statements or Copies
Status: in_force

The Alcoholic Beverage Control Board shall give a certified copy of such statements to any of the officers mentioned in Section 28-4-129 without charge or to other persons requesting or demanding the same upon the payment of lawful fees therefor.

The said original statements or certified copies thereof shall be competent evidence upon the trial of any action whatever in any of the courts of this state in which the same may be relevant or material to the issue or issues involved.
Ala. Code § 28-3-52 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-52
Section 28-3-52 Maintenance, Examination and Audit of Books, Records and Accounts of Board
Status: in_force

The books and records of the board shall at all times be subject to examination and audit by the Department of Finance. The board shall keep a complete and accurate record of all its actions and devise and install a system of accounts as the Department of Finance shall approve and direct. All records of the board shall be public records. The cost of such installation, examinations and audits by the Department of Finance shall be a charge against the moneys collected under this chapter. At least one audit of the operations of the board shall be made each year by the Examiner of Public Accounts.
Ala. Code § 28-3A-6.5 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-6.5
Section 28-3A-6.5 Educational Tourism Distillery License
Status: in_force

(a)(1) Upon compliance by an applicant with this chapter and provided the operation is in compliance with state and federal laws, rules, and regulations, the Alabama Alcoholic Beverage Control Board may issue an Educational Tourism Distillery license to any person engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of liquor upon payment of the license fee as established in Section 28-3A-21.

(2) For the purposes of this section, an Educational Tourism Distillery licensee must produce, bottle, manufacture, distill, rectify, or compound 100,000 gallons or more of liquor each year.

(3) For purposes of this section, the total gross sales of an Educational Tourism Distillery licensee must be 50 percent or more from liquor products produced, bottled, manufactured, distilled, rectified, or compounded on site.

(4) For purposes of this section, an Educational Tourism Distillery licensee may export sales outside of the State of Alabama.

(5) Any licensee operating under or in conjunction with an Educational Tourism Distillery license shall be responsible for ensuring compliance with all applicable laws and board rules relating to the sale of alcohol.

(b) An Educational Tourism Distillery license authorizes the licensee to do all of the following on the premises pursuant to this section:

(1) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption. The sale of alcoholic beverages under this subdivision shall be confined to a designated enclosed area comprising no fewer than 500 square feet for service and consumption, within which patrons under 21 years of age are prohibited from entering. Any liquor manufactured at the licensed premises may be sold for on-premise consumption in this designated area, provided that the total amount of liquor sold in a single tasting or sampling flight does not exceed one and one-half ounces.

(2) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption in a freestanding separate structure on the licensed premises where the licensee provides or serves food. Any liquor manufactured at the licensed premises may be sold at retail for on-premises consumption in the designated area.

(3) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption at temporary or permanently designated serving stations on the licensed premises for special events such as receptions, parties, or similar gatherings. A licensee shall post at each of its special event serving stations at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. Any liquor manufactured at the licensed premises may be sold for on-premises consumption in the designated serving stations.

(4) Sell at retail in a designated enclosed area, which shall be separate from all other designated areas on the licensed premises, for off-premises consumption, liquor manufactured at the licensed premises; provided, however, liquor sold for off-premises consumption may not exceed four and one-half liters per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state and federal laws, rules, and regulations.

(5) Must provide patrons with the opportunity to participate in a guided tour of the distillery operations, which tours must include an educational component in which an in-person guide provides information to patrons regarding the historic and scientific characteristics of the liquor manufactured at the licensed premises. A licensee may offer a tasting or sampling of liquor manufactured at the licensed premises at the conclusion of each tour in a designated enclosed area which shall be separate from all other designated areas on the licensed premises, provided that the total amount of liquor provided to each patron for such tasting or sampling does not exceed one and one-half ounces. The price of the tasting or sampling shall be included in the price charged to patrons over 21 years of age for the guided tour. No retail sales shall be authorized in the designated area.

(c) An Educational Tourism Distillery licensee may transfer liquor directly from a licensed manufacturer. For the purposes of this subsection, the licensee must have a 75 percent ownership or control of the brand or product received by the licensee.

(d) The licensed premises must contain a distillery operation that encompasses no fewer than 5,000 square feet in one or more structures.

(e) There is levied and assessed upon all liquor manufactured on the premises which is dispensed or sold at retail for on-premises or off-premises consumption, as well as samplings and tastings consumed as provided in this section, the mark up and the privilege or excise tax imposed on the retail sale of liquor in a state liquor store, in the same manner as if collected in a state liquor store. Taxes and mark up described in this subsection shall be remitted by the licensee to the board. The respective mark up and taxes collected shall be distributed, respectively, in the same manner as the mark up and taxes collected in an ABC liquor store.

(f)(1) The tax levied in subsection (e) shall be collected by a return which shall be filed by the licensee with the board postmarked not later than the last day of the month following the month of production or sale of liquor, which shall be accompanied by the remittance of the tax due. The report shall include, but not be limited to, a consolidated report of all liquor manufactured, sold, or otherwise consumed on the licensed location. The report shall be in the form and containing information as the board may prescribe.

(2) If a licensee fails to file any return required to be filed with the board on or before the date prescribed therefor, including any written extension of time granted by the board in advance, there shall be assessed as a penalty the greater of 10 percent of any additional tax required to be paid with the return or fifty dollars ($50).

(3) If a licensee fails to pay to the board the amount of the tax due on a return required to be filed on or before the date prescribed for payment of the tax, including any written extension of time granted by the board in advance, there shall be added as a penalty 10 percent of the unpaid amount due on the return.

(4) Interest shall be added to any tax due to the board which is not paid by the due date, from the due date of the tax, computed based on the underpayment rate established by the Secretary of the Treasury under the authority of 26 U.S.C. § 6621.

(g) An Educational Tourism Distillery licensee shall not sell any alcoholic beverages direct to any retailer.

(h) An Educational Tourism Distillery licensee shall file with the board, prior to making any sales in Alabama, a list of its labels to be sold in Alabama and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All liquors whose labels have not been registered as herein provided for shall be considered contraband and may be seized by the board or its agents or by any peace officer of the State of Alabama without a warrant, and the goods shall be delivered to the board and disposed of as provided by law.

(i)(1) An Educational Tourism Distillery licensee shall keep at its principal place of business within the state daily permanent records that show the quantities of raw materials received and used in the manufacture of liquor, and the quantities of alcoholic beverages manufactured and stored, the sale of alcoholic beverages, the quantities of alcoholic beverages stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers or other recipients thereof.

(2) An Educational Tourism Distillery licensee shall keep and maintain for a minimum of three years all records required to be kept and maintained at the licensed location by manufacturer, wholesaler, and retailer licensees for the tax so levied, except that the Educational Tourism Distillery is not required to maintain name, address, or other personal demographic information for sales as provided in subdivision (1).

(j) An Educational Tourism Distillery licensee shall be subject to inspection by members of the board or by individuals authorized and designated by the board at any time of the day or night as they may deem necessary for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees, at all times, shall be open to inspection by members of the board or by individuals authorized and designated by the board. Members of the board and its authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.

(k) An Educational Tourism Distillery licensee may be certified in the Responsible Vendor Program.

(l) A licensee shall post in each of its locations where alcoholic beverages are served at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. The sign shall be posted at a point of sale or in any other location that is visible to customers and employees.

(m) An Educational Tourism Distillery licensee shall maintain a surety bond of not less than twenty-five thousand dollars ($25,000), payable to the board for any outstanding fine, penalty, or tax.

(n) Upon approval of the board, a licensee shall be allowed one off-premises manufacturer extension location for the exclusive storage of finished and unfinished goods pursuant to this section:

(1) A licensee shall provide documentation indicating approval from the Alcohol and Tobacco Tax and Trade Bureau for the extension. Prior to a manufacturer extension being issued in Alabama, the licensee must provide all of the following:

a. Approval of the manufacturer extension from the Alcohol and Tobacco Tax and Trade Bureau.

b. A lease, deed, or other document showing control of the property.

c. A current, valid Educational Tourism Distillery license from the board.

(2) The application for a manufacturing extension must be approved by the board prior to its use.

(3) The manufacturer extension premises must be secured at all times.

(4) The manufacturer extension premises may not be used for the exportation of products nor any form of distribution of products within Alabama.

(5) Except where otherwise prohibited by federal or state law, a licensee may obtain a manufacturer extension for a building located 10 miles or less from the original licensed premises. A manufacturer extension is prohibited outside the State of Alabama.

(6) Authorized representatives of the board or commissioned law enforcement officers of the state, county, or municipality in which the manufacturer extension premises is located may enter and search, without a warrant, the manufacturer extension premises or any building owned or occupied by the licensee in connection therewith, adjoining, adjacent to, or part of the curtilage thereof, whether used as a private dwelling or not, at any time.

(7) No sales, sampling, or tastings of any alcoholic beverage shall be allowed at the manufacturer extension premises.

(8) A licensee under this section which is issued a manufacturer extension shall maintain all records related to the disposition of the finished or unfinished goods stored in the extension, as applicable.

(9) The finished and unfinished goods may be transported in bond from the licensed premises to the manufacturer extension location for storage, as applicable. Transportation shall be made by the licensee or employee of the same in a vehicle bearing signage on each side identifying the licensee. A current copy of the manufacturer extension and the bill of lading or other documentary evidence of ownership of the product shall be included on board the transportation vehicle.
Ala. Code § 28-3-240 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-240
Section 28-3-240 Goods, Etc., Subject to Confiscation and Sale Generally; Procedure for Confiscation and Sale of Goods, Etc., Generally
Status: in_force

All alcoholic beverages enumerated and defined in this chapter or other products taxable under this chapter found at any point within the State of Alabama when said alcoholic beverages or products shall have been within the State of Alabama for a period of two hours or longer in possession of any retailer or for a period of 36 hours or longer in possession of any wholesaler or distributor not having affixed to the package, as defined in this chapter, the stamps, crowns or lids as provided by law are hereby declared to be contraband goods, and the same may be seized by the board or its agents or by any peace officer of the State of Alabama without a warrant, and the said goods shall be delivered to the board for sale at public auction to the highest bidder after due advertisement, but the board, before delivering any of said goods so seized, shall require the purchaser to affix the proper amount of stamps, crowns or lids to the individual package as defined in this chapter. The proceeds of sale of any goods sold under this article shall be turned over to the State Treasurer by the board as other funds collected by said board. The cost of confiscation and sale shall be paid out of the proceeds derived from such sales before making remittance to the State Treasurer.

Any of the goods, wares or merchandise enumerated in this chapter and all such goods, wares or merchandise when offered for sale, either at wholesale or retail, without the stamps, crowns or lids having been first affixed shall be subject to confiscation as hereinbefore provided.

Any vehicle not a common carrier which may be used for the transportation for the purpose of sale of unstamped articles as enumerated in this chapter shall likewise be subject to confiscation and sale in the manner as above provided for goods, wares or merchandise without stamps, crowns or lids. Should any alcoholic beverages without stamps, crowns or lids as enumerated and defined in this chapter be found in any vehicle which is engaged in the sale, distribution or delivery of taxable alcoholic beverages, the same shall be prima facie evidence that it was there for sale.
Ala. Code § 28-3-201 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-201
Section 28-3-201 Additional 10 Percent Tax - Alcoholic Beverage Control Board Store Fund and General Welfare Purposes
Status: in_force

In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the Alabama Alcoholic Beverage Control Board. The tax hereby imposed shall be collected by the board from the purchaser at the time the purchase price is paid. In computing the proceeds of this tax, the board shall divide the total sales of spirituous and vinous liquors made by it by a factor of 110 and multiply the quotient by 100 and by 10. An amount equal to the quotient multiplied by 100 shall be deposited in the State Treasury to the credit of the Alcoholic Beverage Control Board Store Fund and an amount equal to the quotient multiplied by 10 shall be deposited in the State Treasury to the credit of the Public Welfare Trust Fund and shall be used for general welfare purposes and is hereby appropriated therefor.
Ala. Code § 28-7A-1 — Alabama Code / Title 28 / Chapter 7A / Section 28-7A-1
Section 28-7A-1 Definitions
Status: in_force

For the purpose of this chapter, the following terms shall have the following meanings:

(1) BOARD. The Alcoholic Beverage Control Board.

(2) LOCAL GOVERNING BODY. Any county or municipal commission, council or other governing body or any official of any county or municipality that is authorized by Sections 28-3-190 and 28-7-16, to collect taxes levied by the State of Alabama upon the sale of any beer or table wine.
Ala. Code § 28-8-2 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-2
Section 28-8-2 Designation of Exclusive Sales Territory and Exclusive Wholesaler
Status: in_force

Each manufacturer or importer of alcholic beverages licensed by the board authorizing such licensee to sell its alcoholic beverages within the State of Alabama, whose alcoholic beverages are sold through wholesale licensees of the board to retail licensees of the board, shall designate exclusive sales territories for each of its brands sold in Alabama and shall name one licensed wholesaler for each such sales territory who, within such territory, shall be the exclusive wholesaler for said brand or brands; provided where a manufacturer or importer licensee has more than one brand of alcoholic beverages sold within this state, such licensee may designate the exclusive sales territory to a different wholesaler for the sale of each of its brands and may designate a different sales territory for each of its brands. Such manufacturer or importer licensee shall enter into a territorial agreement, in writing, designating the exclusive territory and authorizing the sale by a designated licensed wholesaler of that brand or brands within the designated territory. Such manufacturer or importer shall not designate more than one wholesaler for each brand for all or any part of a designated sales territory, and the written territorial agreement shall not provide for the distribution of a brand or brands to more than one licensed wholesaler for all or any part of the designated territory. All such territorial agreements shall be filed with the board.
Ala. Code § 28-5-1 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-1
Section 28-5-1 Definitions
Status: in_force

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) INDUSTRIAL ALCOHOL. Ethyl alcohol and alcohol denatured as provided in this chapter, but specifically excluding ethyl alcohol and denatured alcohol used in the manufacture of alternative fuel sources for motor vehicles.

(2) INDUSTRIAL ALCOHOL PLANT. The alcohol distillery, denaturing plant, and all the premises used in connection therewith, but specifically excluding any plant and premises used in the manufacture of alternative fuel sources for motor vehicles.

(3) PERMITTEE. The person, firm, or corporation to whom the permit provided for in this chapter is issued.
Ala. Code § 28-4-323 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-323
Section 28-4-323 Admissibility and Effect of Evidence Showing Similarity in Color, Odor and General Appearance Between Prohibited Liquor or Beverage and Beverage Shown to Be Manufactured, Sold, Kept, Etc., by Defendant; Applicability of Rule as to Admissibility, Etc., of Said Evidence in Proceedings for Abatement of Liquor Nuisances, Etc
Status: in_force

(a) In all prosecutions against any person for manufacturing, selling, offering for sale, keeping or having in possession for sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited liquors and beverages or for any one of the said acts, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of, possesses the same color, odor and general appearance or the same taste, color and general appearance of a prohibited liquor or beverage such as whiskey, rum, gin, ale, porter, beer and any other prohibited liquor or beverage. The fact that the beverage in question as above stated is of the same color, odor and general appearance or same taste, color and general appearance as beer shall constitute prima facie evidence that the beverage is a beer or a malt liquor or a substitute or device therefor and within the inhibition of the statutes of this state for the suppression of intemperance, and the like rule of evidence shall apply in respect to whiskey and the other beverages named, and, in the event the defendant claims that the beverage in question as above referred to is not within the inhibition of the statutes when it possesses the same color, odor and general appearance or the same taste, color and general appearance as a prohibited liquor or beverage, such as whiskey, beer or the other beverages named hereinabove, the burden of proof shall be upon him to establish to the reasonable satisfaction of the judge, court or jury trying the case that the beverage in question is not within the inhibition of the said statutes and that it is a beverage not prohibited by law to be manufactured, sold, offered for sale or otherwise disposed of.

(b) The same rule of evidence shall be applicable in all cases for the abatement of liquor nuisances and in all prosecutions for violations of statutes of the state for the suppression of the evils of intemperance when it becomes necessary to determine whether the liquor or beverage in question is a prohibited liquor or beverage.
Ala. Code § 28-7A-4 — Alabama Code / Title 28 / Chapter 7A / Section 28-7A-4
Section 28-7A-4 Receipt of Fee or Percentage of Taxes by Probate Judge or Officials
Status: in_force

Any provisions of this chapter to the contrary notwithstanding, the probate judge or any official or agent of any local governing body or any other person who, by statute applicable on October 1, 1988, receives a fee as a percentage of the tax for collecting such tax on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, shall continue to receive the said fee or percentage.
Ala. Code § 28-11-21 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-21
Section 28-11-21 Duties of Department of Mental Health; Annual Report; Transitional Grant Monies
Status: in_force

(a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, as amended, including, but not limited to, annually preparing and submitting to the Secretary of Health and Human Services a report, as required by federal law, describing all of the following:

(1) The activities carried out by the Department of Mental Health in coordination with the Alabama State Law Enforcement Agency to ensure that tobacco retailers or specialty retailers of electronic nicotine delivery systems do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21 years.

(2) The extent of success the Department of Mental Health, in coordination with the Alabama State Law Enforcement Agency, has achieved in ensuring that retailers do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21 years.

(3) The strategies utilized by the Department of Mental Health, in coordination with the Alabama State Law Enforcement Agency, to ensure that retailers do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21.

(b) In addition to the requirements listed in subsection (a), the Department of Mental Health shall adopt rules and act as necessary to satisfy the requirements of 42 U.S.C. § 300x-26, as amended, and any rules adopted thereunder by the Secretary of Health and Human Services. Rules adopted pursuant to the authority delegated to the Department of Mental Health in this section shall be narrowly tailored to bring this state into compliance with federal law and shall comply with the requirements of the Administrative Procedure Act, Title 41, Chapter 22.

(c) The Department of Mental Health is responsible for applying for transitional grant monies provided pursuant to 42 U.S.C. § 300x-26, as amended, through the term of the transitional grants. Any transitional grant monies awarded to the state shall be used for the following purposes:

(1) To ensure compliance with subsection (a).

(2) To further tobacco product, alternative nicotine product, or electronic nicotine delivery system cessation programs.

(3) To further tobacco product, alternative nicotine product, or electronic nicotine delivery system education programs.
Ala. Code § 28-4-159 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-159
Section 28-4-159 Physician to File Copy of Prescription with Probate Judge; Probate Judge to Preserve Same and Deliver to Next Grand Jury for Examination
Status: in_force

The physician shall immediately file a copy of the prescription, signed by himself, in the office of the probate judge, who shall preserve the same and deliver all such prescriptions to the next grand jury for examination.
Ala. Code § 28-3-8 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-8
Section 28-3-8 Shipment, Delivery, Etc., Within State of Articles Taxed by Chapter by Wholesale Dealers or Distributors Generally; Shipment, Etc., of Same to Federal, Military, Etc., Reservations Within State by Wholesale Dealers or Distributors
Status: in_force

(a) Every wholesale dealer or distributor in this state shall, before shipping, delivering or sending out any one or more articles taxed in this chapter to any dealer in this state or for sale in this state, cause the same to have the requisite denominations and amount of stamps, crowns or lids to represent the tax affixed as stated in this chapter and, in the case of stamps, shall cause the same to be cancelled by writing or stamping across the face thereof the number of such wholesale dealer or distributor, said number to be applied by the board, and every wholesale dealer or distributor shall at the time of shipping or delivering any one or more articles taxed in this chapter make a true duplicate invoice of the same showing the date, amount and value of each class of articles shipped or delivered and retain a duplicate thereof, subject to the audit and inspection of the board, its authorized agents and representatives for three years.

(b) Wholesale dealers or distributors in this state who ship, deliver or send any one or more articles taxed in this chapter to the United States government for sale or distribution to any military, naval or marine reservation owned by the United States government within this state shall be required to carry out the provisions set out in this chapter for such sales or deliveries.
Ala. Code § 28-2A-1 — Alabama Code / Title 28 / Chapter 2A / Section 28-2A-1
Section 28-2A-1 Procedure for Wet or Dry Classification Option Elections
Status: in_force

(a) Any municipality having a population of 1,000 or more, may change its classification from dry to wet or wet to dry by a municipal option election, in the following manner.

(b) Upon petition of 30 percent of the number of voters voting in the last preceding general election of the municipality being filed with the city or town clerk or governing body of the municipality, the governing body must call a municipal option election for the municipality to determine the sentiment of the people as to whether or not alcoholic beverages can be legally sold or distributed in the municipality. The petition for municipal option election shall contain the following: “It is petitioned that a municipal option election be held to permit the legal sale and distribution of alcoholic beverages within this municipality.” On the ballot to be used for such municipal option election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality? Yes _____ No _____.” Each subsequent municipal option election must follow the petition process as provided in this subsection with a new petition.

(c) The municipal option election shall be held and the officers appointed to hold same in the manner provided by law for holding other municipal elections and the returns thereof tabulated and the results certified as provided by law for such municipal elections. The municipal option election shall be held at the time of the primary, general, county-wide, or municipal election next succeeding the date of the filing of the petition, provided, however, the election shall not be held within less than 30 days from the date of the filing of the petition. Notice of the municipal option election shall be given by the governing body of the municipality by publication at least three weeks before the date of election, in a newspaper in the municipality, or, if there be none, in a newspaper in the county, or, if there be neither, by posting such notice at the town or city hall, apprising the voters of the municipality that a municipal option election shall be held to determine whether such municipality shall be wet or dry under this article. The cost of the municipal option election, including the cost of notice by publication, shall be paid out of the general fund of the municipality.

(d) Only qualified voters shall vote in the municipal option election. If a majority of the voters in the municipal option election vote “yes,” the municipality shall be wet, and alcoholic beverages can be legally sold, distributed and consumed within the corporate limits of the municipality, and all of the provisions of this title, relating to alcoholic beverages in wet counties, including Chapters 3, 3A, 6, and 7, shall be immediately put into operation with respect to and effective within the corporate limits of the municipality. The municipality shall remain wet until the municipality shall be in subsequent municipal option election held under this article changed to a dry municipality, notwithstanding the results of any subsequent county election or special method referendum. All other laws to the contrary notwithstanding, the electors residing within the corporate limits of any such municipality that has become wet pursuant to a municipal option election held under this article shall not be entitled to vote in any subsequent county election or special method referendum held to determine if the county in which such municipality is located shall become wet. The question of whether such county shall become wet shall be decided by the electors of such county residing outside the corporate limits of such wet municipality as otherwise provided by law.

(e) If a majority of the voters voting in the municipal option election vote “no,” the municipality shall be a dry municipality under the terms of this article until the county shall by subsequent election or special referendum, vote wet, or the municipality shall by a subsequent municipal option election held under this article, vote wet.

(f) The municipal option election in the municipality may be held at the time of any primary, general, county-wide, or municipal election as determined by the county commission or the municipal governing body, as applicable, provided a period of not less than 720 days must elapse between the dates of such municipal option elections; provided further, that a county wet-dry election or special method referendum may be held at any time without regard to the lapse of time between the dates of any county option elections.
Ala. Code § 28-4-1 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-1
Section 28-4-1 Definitions
Status: in_force

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) BREWER. Every person, firm, association or corporation that manufactures fermented liquors of any name or description from malt, wholly or in part, or from any substitute therefor.

(2) DISTILLER. Every person, firm, association or corporation that produces distilled spirits or who brews or makes mash, wort or wash fit for distillation or for the production of spirits or who, by any process of evaporation, separates alcoholic spirits from any fermented substance or who, making or keeping mash, wort or wash, has also in possession or use a still.

(3) LIQUOR NUISANCES.

a. Any rooms or structures used for the unlawful manufacture, sale, furnishing, distilling, rectifying, brewing or keeping of liquors or beverages that are prohibited by the laws of Alabama to be manufactured, sold or otherwise disposed of in this state;

b. All houses, shops or places where such prohibited liquors and beverages or any of them are sold, bartered, exchanged or otherwise disposed of to be drunk on or near the premises or where such prohibited liquors, liquids or beverages are kept for the purpose of sale or other disposition thereof in violation of law;

c. All places of resort where persons are permitted to resort for the purpose of drinking such liquors or beverages on or about the premises;

d. Any unlawful drinking place that is kept or maintained in violation of the law of the state;

e. All restaurants, hotels and public eating places where the prohibited liquors and beverages or any of them are sold or served for beverage purposes;

f. All places where business is carried on by a wholesale or retail dealer in liquors or by a wholesale or retail dealer in malt liquors or by a brewer or distiller or rectifier of spirits in violation of the law of the state; and

g. All warehouses or storage places where the prohibited liquors and beverages or any of them are kept or stored or received on consignment or for distribution or delivery contrary to the law of the state.

(4) OTHERWISE DISPOSE OF. Such term, following the words sell, offer for sale or keep for sale, and following the words sold, offered for sale or kept for sale, when employed in any warrant, process, affidavit, indictment, information or complaint or other pleading in any judicial proceeding or in any judgment shall include and be deemed to include barter, exchange, giving away, furnishing or any manner of disposition by which said liquors and beverages may pass unlawfully from one person to another.

(5) PERSON or PARTY. Such terms, when employed alone, shall include a firm, corporation or association of persons.

(6) PROHIBITED LIQUORS AND BEVERAGES.

a. Alcohol, alcoholic liquors, spirituous liquors and all mixed liquors any part of which is spirituous;

b. Foreign or domestic spirits or rectified or distilled spirits, absinthe, whiskey, brandy, rum and gin;

c. Vinous liquors and beverages;

d. Malt, fermented or brewed liquors of any name or description manufactured from malt wholly or in part or from any substitute therefor;

e. Beer, lager beer, porter and ale and other brewed or fermented liquors and beverages by whatever name called;

f. Hop jack, hop ale, hop weiss, hop tea, malt tonic or any other beverage which is the production of maltose or glucose or in which maltose or glucose is a substantial ingredient;

g. Any intoxicating bitters or beverages by whatever name called; and

h. All liquors, liquids, drinks or beverages made in imitation of or intended as a substitute for beer, ale, rum, gin, whiskey or for any other alcoholic, spirituous, vinous or malt liquor and any liquor, drink or liquid made or used for beverage purposes containing any alcohol.

(7) RETAIL DEALER IN LIQUORS. Every person, firm, association or corporation that sells or offers for sale any foreign or domestic distilled spirits or wines in lesser quantities than five gallons at the same time.

(8) RETAIL DEALER IN MALT LIQUORS. Every person, firm, association or corporation that sells or offers for sale malt liquors in lesser quantities than five gallons at one time.

(9) UNLAWFUL DRINKING PLACES.

a. Any place or resort where the prohibited liquors or beverages or any of them are kept to be drunk upon or about the premises by persons resorting there for that purpose;

b. Any club room or other place in which are received or kept for the purpose of barter or sale or use or gift as a beverage or for distribution or division among or furnishing to or for use by members of any club or association of persons by any means whatsoever the prohibited liquors and beverages or any of them, referred to in subdivision (6) of this section; and

c. Any club room or room of any association of persons in which said prohibited liquors or beverages or any of them are kept or stored for the purpose of being drunk or consumed by the members of such club or other association of persons or their guests or others on the premises or at or near the place where such liquors or beverages or any of them, are kept or stored; and any place adjacent to or near the premises of any club, corporation or association or other combination of persons to which members or their guests or others, by the permission of members, resort for the purpose of drinking the prohibited liquors and beverages, or any of them that are kept at or near such place.

(10) WHOLESALE DEALER IN LIQUORS. Every person, firm, association or corporation that sells or offers for sale foreign or domestic distilled spirits or wine in quantities of not less than five gallons at the same time.

(11) WHOLESALE DEALER IN MALT LIQUORS. Every person, firm, corporation or association who sells or offers for sale malt liquors in quantities of not less than five gallons at the same time.
Ala. Code § 28-3-43.1 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-43.1
Section 28-3-43.1 Board Authorized to Own Real Property for Operation of Warehouses
Status: in_force

Notwithstanding any other provision of this title, the board may acquire and hold, in its own name, real property by purchase, gift, or other lawful means, except eminent domain, solely for the purpose of owning and operating a warehouse or warehouses.
Ala. Code § 28-4-28 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-28
Section 28-4-28 Storage, Etc., of Prohibited Liquors or Beverages by Person, Etc., Engaged in Business of Selling Beverages
Status: in_force

It shall be unlawful for any person, firm or corporation engaged in the business of selling beverages to keep or store on the premises where said beverage business is conducted any prohibited liquors or beverages, the sale, offering for sale or other disposition of which is prohibited by the law of Alabama, and any person violating this section shall be guilty of a misdemeanor.
Ala. Code § 28-11-18 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-18
Section 28-11-18 Child-Resistant Packaging; Warning Signs
Status: in_force

(a) All liquid nicotine containers offered for sale that are intended to be vaporized in an electronic nicotine delivery system shall be contained in child-resistant packaging.

(b) A retailer of tobacco, tobacco products, alternative nicotine products, e-liquids, or electronic nicotine delivery systems shall display in a prominent area of the retail store near the point of sale, an 8 1/2 x 11 inch sign or signs containing the following statements:

(1) “ALABAMA LAW STRICTLY PROHIBITS THE PURCHASE OF TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, E-LIQUIDS, AND ELECTRONIC NICOTINE DELIVERY SYSTEMS BY PERSONS UNDER 21 YEARS OF AGE. PROOF OF AGE IS REQUIRED.”

(2) “WARNING: TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, E-LIQUIDS, ELECTRONIC NICOTINE DELIVERY SYSTEMS, AND VAPING PRODUCTS OFFERED FOR SALE IN THIS STORE CONTAIN NICOTINE UNLESS OTHERWISE MARKED. NICOTINE IS A HIGHLY ADDICTIVE CHEMICAL WHICH CAN HARM BRAIN DEVELOPMENT IN CHILDREN AND ADOLESCENTS AND WHICH POSES SERIOUS HEALTH RISKS TO PREGNANT WOMEN AND THEIR BABIES.”

(c) In addition to the requirements of subsection (b), a retailer of alternative nicotine products, e-liquids, or electronic nicotine delivery systems shall include the following statement on the required posted sign:

“THE USE OF SOME VAPING DEVICES MAY INCREASE YOUR RISK OF EXPOSURE TO POTENTIALLY TOXIC LEVELS OF HEAVY METALS SUCH AS LEAD, CHROMIUM, AND NICKEL.”

(d) Posted signs required by this section, at a minimum, must accurately list the type of products sold at the retail establishment. If a retailer does not sell all of the product types listed in the statements described in subsections (b) or (c), the retailer may amend the products listed on the sign to accurately reflect the type of products sold.
Ala. Code § 28-4-270 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-270
Section 28-4-270 Forfeiture and Condemnation Proceedings Generally - Issues, Etc., Where More Than One Claimant to Liquors and Beverages Seized
Status: in_force

If different parties appear and claim separate portions of the liquor and beverages and vessels and receptacles seized, separate answers may be filed and separate issues may be framed and the trial had accordingly before the district court.
Ala. Code § 28-4-90 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-90
Section 28-4-90 Prohibited
Status: in_force

If any person shall willfully let or suffer any other person, firm or corporation to use any premises which he owns or controls for the illegal sale or manufacture or other unlawful disposition of spirituous, vinous or malt liquors or any other liquors, liquids or beverages prohibited by the laws of Alabama to be manufactured, sold or otherwise disposed of for use by a wholesale or retail dealer in liquors or by a wholesale or retail dealer in malt liquors or by a rectifier of spirits or distiller or for the illegal storage or warehousing of such liquors and beverages, he shall be guilty of a misdemeanor.
Ala. Code § 28-12-20 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-20
Section 28-12-20 Generally
Status: in_force

(a) On and after January 1, 2026, no consumable hemp product may be distributed into or within the state, nor offered for sale or sold at retail within the state, unless the product:

(1) Has a corresponding certificate of analysis described in Section 28-12-22 issued by an independent testing laboratory that tests the batch from which the product was produced;

(2) Is in the original sealed container as packaged by the producer and meets the packaging restrictions in Section 28-12-24;

(3) Meets the serving size and product content requirements, including total THC, described in Section 28-12-23; and

(4) Meets the labeling requirements described in Section 28-12-25.

(b) Every distributor and retailer shall maintain and make immediately available for inspection to any law enforcement officer or authorized agent of the board a copy of the certificate of analysis of each consumable hemp product being distributed by a distributor or offered for sale by a retailer.

(c) Any person, including any servant, agent, or employee of the person, who distributes, sells, or offers for sale any consumable hemp product in violation of this section shall be subject to the following penalties:

(1) For a first offense within a four-year period, a fine of one thousand dollars ($1,000) earmarked for the State General Fund.

(2) For a second offense within a four-year period, a fine of two thousand five hundred dollars ($2,500) earmarked for the State General Fund.

(3) For a third or subsequent offense within a four-year period, a fine of five thousand dollars ($5,000) earmarked for the State General Fund, and if the violator is a retailer, the board may revoke the retailer license.
Ala. Code § 28-2-25 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-25
Section 28-2-25 Applicability of Other Provisions of Title, Etc., in County Adopting Article
Status: in_force

All other provisions of this title and other laws and regulations of the state associated with the sale, taxing and regulation of alcoholic beverages shall apply to a county adopting this article except when in conflict with the special provisions of this article.
Ala. Code § 28-4-123 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-123
Section 28-4-123 Acceptance of Delivery from Common Carrier, Etc., of Liquors from Another State, Etc., with Intent to Use, Etc., Same in Violation of Laws of State
Status: in_force

It shall be unlawful for any person, firm or corporation to accept from any railroad company, express company or other common carrier or any officer, agent or employee of any of them or from any other person any delivery of the liquors mentioned in Section 28-4-120, or any of them, when transported into this state or delivered in this state in any manner or by any means whatsoever from the points or places mentioned in Section 28-4-120, where the said person, firm or corporation so accepting such delivery intends to receive, possess or sell or in any manner use, either in the original package or otherwise, the said liquors, or any of them, in violation of any law of this state.
Ala. Code § 28-4-119 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-119
Section 28-4-119 Procedure for Shipment, Delivery, Etc., of Alcohol and Wine to Persons for Sacramental or Nonbeverage Use — Labeling of Packages or Containers of Wine or Alcohol for Sacramental Use
Status: in_force

On the outside of each package or container of alcohol or of wine shipped or sold for sacramental or religious purposes to be shipped, carried or delivered to any person in this state there shall be printed or written in the English language the name and address of the consignee or purchaser, the name and address of the consignor or seller and the kind and quantity of liquor, whether alcohol or wine.
Ala. Code § 28-4-124 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-124
Section 28-4-124 Delivery by Common Carrier, Etc., of Liquors from Another State, Etc., to Person, Etc., Other Than Consignee Without Written Order of Consignee Therefor
Status: in_force

It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or any other person to deliver any of the liquors mentioned in Section 28-4-120, when brought into the state from any of the points or places mentioned in Section 28-4-120, to any person other than the person to whom such liquors are consigned without a written order in each instance by said consignee therefor, or to make such delivery of said liquors as aforesaid, when consigned to a firm or corporation, except to a member of said firm or an officer or agent of such corporation or upon a written order in each instance by the consignee therefor.
Ala. Code § 28-8-3 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-3
Section 28-8-3 Territorial Agreement May Not Establish or Maintain Resale Price
Status: in_force

No provision of any territorial agreement shall, expressly or by implication, or in its operation, establish or maintain the resale price of any brand or brands of alcoholic beverages by the wholesaler.
Ala. Code § 28-4-325 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-325
Section 28-4-325 Fees of Officers Making Seizures of Prohibited Liquors
Status: in_force

When an officer arrests any person in possession of an unlawful quantity or quantities of prohibited liquors or of such liquors under conditions prohibited by law, then, on the conviction of such party of a violation of a city ordinance or state law, whether in the municipal court or state court possessing jurisdiction, the following fee for making the seizure of the liquors shall be taxed against the defendant and paid to such officer as a part of the cost of the case:

(1) If a seizure is made of not less than one gallon nor more than five gallons of such liquors, the fee shall be $3.00;

(2) If the seizure is of more than five gallons and less than 20 gallons, the fee shall be $5.00; and

(3) If more than 20 gallons is seized, the fee shall be $10.00.
Ala. Code § 28-4-284 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-284
Section 28-4-284 Sale of Property and Disposition of Proceeds Therefrom
Status: in_force

The property may be ordered sold and the proceeds, after paying the costs and expenses of the seizure and of the action, shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor.
Ala. Code § 28-3-191 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-191
Section 28-3-191 Transactions Between Wholesalers And/Or Distributors Exempt from Article
Status: in_force

The tax levied by subsection (a) of Section 28-3-190 shall not be imposed upon the sale, trade or barter of malt or brewed beverages by one licensed wholesaler or distributor to another wholesaler or distributor licensed to sell and handle malt or brewed beverages in this state, which transaction is hereby made exempt from said tax; provided, however, that the board shall and the county or municipality may require written reporting of any such transaction in such form as the board may prescribe, or if no form is prescribed by the board, in such form as may be prescribed by the county or municipality.
Ala. Code § 28-1-6 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-6
Section 28-1-6 Issuance of Licenses for Sale of Intoxicating Beverages in Class 1 or Class 2 Municipalities
Status: in_force

(a)(1) All other provisions of law, rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form of license in a Class 1 municipality, including, but not limited to, off-premises consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following requirements is satisfied:

a. The application has first been approved by the governing body of the Class 1 municipality in which the site of the license is situated.

b. The denial of approval by the Class 1 governing body has been set aside by order of the circuit court of the county in which the site is situated on the ground that the municipal approval was arbitrarily or capriciously denied without a showing of one of the following:

1. The creation of a nuisance.

2. Circumstances clearly detrimental to or which would adversely affect the public health, safety, and welfare of the adjacent residential neighborhoods.

3. A violation of applicable zoning restrictions or regulations.

4. An individual applying for the license has a prior conviction involving the use of alcohol or a controlled substance.

5. The proximity of the business to a school or child care facility and the business hours of the operation will create a harmful environment for the children.

6. The traffic congestion created by licensing the proposed location will endanger others.

7. Any other reason that poses a risk.

(2) Proceedings in the circuit courts to review an action of a Class 1 municipal governing body denying approval of an application shall be expedited de novo proceedings heard by a circuit judge without a jury who shall consider any testimony presented by the city governing body and any new evidence presented in explanation or contradiction of the testimony. Any proceeding to review the denial of approval of a license application shall be commenced within 14 days of the action by the municipal governing body and shall be set for hearing by the court within 30 days thereafter.

(b)(1) All other provisions of law, rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form of license in a Class 2 municipality, including, but not limited to, off-premises consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor, or other alcoholic beverage regulated by the board unless one of the following requirements is satisfied:

a. The application was first approved by the governing body of the municipality in which the site of the license is situated.

b. The denial of the approval by the governing body has been set aside by order of the circuit court of the county in which the site is situated on the ground that this municipal approval was arbitrarily or capriciously denied without a showing of one of the following:

1. The creation of a nuisance.

2. Circumstances detrimental to adjacent residential neighborhoods.

3. Circumstances detrimental to the public health, safety, and welfare.

4. A violation of applicable zoning restrictions or regulations.

5. An individual applying for the license, or an individual who is an officer or director of a corporation or other entity applying for the license, has a prior conviction involving the use of alcohol or a controlled substance or a prior conviction involving the illegal sale of alcohol or a controlled substance.

6. The proximity of the proposed business to a school or child care facility and the business hours of the proposed business will create a harmful environment for the children.

7. Traffic congestion created by licensing the proposed business.

8. Any other reason that poses a risk to surrounding neighborhoods or to the public health, safety, and welfare.

(2) Proceedings in circuit court to review an action of a Class 2 municipal governing body denying approval of a license application shall be expedited proceedings, heard by a circuit judge without a jury. Any proceeding to review the denial of approval of a license application shall be commenced within 14 days of the action by the municipal governing body and shall be set for hearing by the court within 30 days thereafter.
Ala. Code § 28-7-15 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-15
Section 28-7-15 Suspension or Revocation of Licenses and Fines; Notice, Hearing and Findings of Fact
Status: in_force

(a) The board shall have full and final authority as to the suspension and revocation of any license issued hereunder. In lieu of suspension or revocation, the board shall have the authority, in the case of a wine retailer, to invoke a penalty of not less than $250.00 nor more than $500.00 for one or more of the following violations of this chapter:

(1) Selling wine other than during the legal hours of sale; or

(2) Selling wine to a minor.

(b) The board upon sufficient cause being shown or proof being made that any licensee holding a license issued by the board, or any partners, members, officers or directors of the licensee has or have violated any of the provisions of this chapter relating to the sale and handling of table wine and any of the laws of this state relating to the manufacture, sale, possession or transportation of malt or brewed beverages, alcohol or other alcoholic beverages, other than table wine, may upon due notice and proper hearing being given to the person so licensed, suspend or revoke the license issued by the board under the provisions of this chapter. In all cases where the board shall suspend or revoke a license, it shall set forth its findings of fact, the evidence from which such findings of fact are made, and the reasons upon which its action is based. Any licensee whose license is revoked by the board shall be ineligible to have a license under this chapter, until the expiration of one year from the date such license was revoked.
Ala. Code § 28-5-8 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-8
Section 28-5-8 Removal of Denatured Alcohol from Industrial Alcohol Plant for Purpose of Recovering Alcohol Therefrom for Beverage Purposes
Status: in_force

It shall be unlawful for any person to remove from an industrial alcohol plant any denatured alcohol for the recovery of the alcohol therefrom for beverage purposes or to redistill or by any other process to recover alcohol from denatured alcohol for beverage purposes.
Ala. Code § 28-2A-20 — Alabama Code / Title 28 / Chapter 2A / Section 28-2A-20
Section 28-2A-20 Ordinance and Referendum to Determine Whether Annexed Territories Should Be Legally Wet
Status: in_force

In addition to the procedure established pursuant to Article 1, the governing body of any Class 1, 2, or 3 municipality or any municipality having a population of 18,500 or more, which is legally wet, and which has previously annexed or hereinafter annexes territory into the municipality which lies in a county which is legally dry, shall, before the annexed territory becomes wet, pass an ordinance calling for a city-wide referendum to be held to determine whether the annexed portions of the municipality shall be legally wet as herein provided. If the governing body of the municipality adopts an ordinance determining that all of the area within the corporate limits of the municipality should be legally wet, and if this decision is approved at a subsequent referendum called to decide this issue, alcoholic beverages may be lawfully sold, distributed, and consumed within the newly annexed portions of corporate limits of the municipality. If a municipality adopts such an ordinance, and if the results of the subsequent referendum are in favor of making the annexed portions of the municipality wet as evidenced by a majority of the electors of the municipality voting in the referendum voting in favor of the proposition, all of the provisions of this title, relating to alcoholic beverages in wet counties, including Chapters 3, 3A, 6, and 7, shall be immediately put into operation with respect to and effective throughout the corporate limits of the municipality. If, however, after the passage of an ordinance, the called referendum shall fail, the annexed portions of the municipality shall remain legally dry, but the vote shall not affect the wet status of those portions of the municipality which were legally wet before the referendum was conducted.
Ala. Code § 28-4-126 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-126
Section 28-4-126 Presentation, Collection, Etc., by Bank, Etc., of Draft, Bill of Exchange, Etc., Attached To, Connected With, Etc., Bill of Lading, Order, Etc., for Prohibited Liquors or Beverages
Status: in_force

It shall be unlawful for any bank incorporated under the laws of this state or a national bank or private banker or any individual, firm or association to present, collect or in any way handle any draft, bill of exchange or order to pay money, to which is attached a bill of lading or order or receipt for any spirituous, vinous, malted, fermented or other intoxicating liquors of any kind or any liquor, liquids or beverages prohibited by the laws of this state to be manufactured or sold or otherwise disposed of or which is enclosed with, connected with or in any way related to, directly or indirectly, any bill of lading, order or receipt for the said liquors or any of them. Any person, firm, corporation or bank or banker violating the provisions of this section shall be guilty of a misdemeanor.
Ala. Code § 28-4-152 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-152
Section 28-4-152 Sales by Retail Druggists of Alcohol for Use in Arts or for Scientific or Mechanical Purposes; Execution of Statement by Persons Desiring to Purchase Alcohol for Said Purposes
Status: in_force

The retail druggists may sell, in quantities not greater than five gallons, alcohol to be used in the arts or for scientific or mechanical purposes and such druggists may sell in like quantities grain alcohol to chemists and bacteriologists engaged in scientific work and for such purposes only.

Any person desiring to purchase alcohol for the purposes set out in this section shall sign a written or printed statement, giving his name, residence and occupation and the purpose for which he intends to use said alcohol, and he shall certify that said alcohol is purchased in good faith for such purpose and no other.
Ala. Code § 28-4-283 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-283
Section 28-4-283 Enforcement of Forfeiture
Status: in_force

The forfeiture provided in Section 28-4-282 may be enforced by a complaint filed in the circuit court of the county in which the property is located, the complaint to be filed in the name of the State of Alabama by the Attorney General or by a district attorney in the county where the complaint is filed or by others as provided in the law for the filing of petitions for abatement of liquor nuisances.
Ala. Code § 28-3-40 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-40
Section 28-3-40 Composition; Qualifications, Appointment, Term of Office and Bond of Members; Conflicts of Interest of Members, Employees, Etc., of Board; Suspension or Removal of Members; Office; Meetings; Quorum
Status: in_force

The Alcoholic Beverage Control Board shall consist of three persons, appointed by the Governor with the advice and consent of the Senate, one of whom shall be designated by the Governor to be the chair of the board. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

Each member of the board at the time of his or her appointment and qualification shall be a resident of the State of Alabama and shall have resided in the state for a period of at least 10 years next preceding his or her appointment and qualification, and he or she shall also be a qualified voter therein.

The term of office of each member appointed shall be six years from the time of his or her appointment and qualification and until his or her successor shall qualify. In case any member shall be allowed to hold over after the expiration of his term, his or her successor shall be appointed for the balance of the unexpired term. Vacancies in the board shall be filled by the Governor for the unexpired term. Each member shall be eligible for reappointment in the discretion of the Governor.

No person shall be eligible for appointment or shall hold the office of member of the board or be appointed by the board or hold any office or position under the board who has any connection with any association, firm, person, or corporation engaged in or conducting any alcoholic liquor business of any kind or who holds stocks or bonds therein or who has pecuniary interest therein, nor shall any such person receive any commission or profit whatsoever from, or have any interest whatsoever in any purchase or sales of any alcoholic liquors; provided, however, that if any member of the board is appointed when the Senate is not in session, such member shall hold office until the Senate has had an opportunity to reject or confirm his or her appointment.

Members of the board may be suspended or removed by the Governor at his or her pleasure.

Each member of the board, before entering upon the discharge of his or her duties, shall give bond payable to the State of Alabama, in form approved by the Attorney General, in such penalty as shall be fixed from time to time by the Governor, with some surety or guaranty company duly authorized to do business in Alabama and approved by the Governor, as security, conditioned upon the faithful discharge of his or her duties. The premium of such bond shall be paid by the state and the bonds shall be filed as bonds of other state officers.

The office of the board shall be in the City of Montgomery, Alabama. The board shall meet at such times within the City of Montgomery, Alabama, as the board shall determine and the members thereof shall be entitled to their reasonable expenses and per diem for each meeting so attended. A majority of the members shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the board.
Ala. Code § 28-6-5 — Alabama Code / Title 28 / Chapter 6 / Section 28-6-5
Section 28-6-5 Use of Stamps Authorized; Rules and Regulations
Status: reserved

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
Ala. Code § 28-4-226 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-226
Section 28-4-226 Contents of Writ
Status: in_force

The writ shall name or describe the person or other party whose premises are to be searched and shall describe as nearly as possible the liquors or beverages that are to be seized and the place where said liquors and beverages are to be seized, as prescribed in this chapter for other search warrants.
Ala. Code § 28-3-9 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-9
Section 28-3-9 Wholesalers and Distributors to File Monthly Reports of Alcoholic Beverages Purchased or Received
Status: in_force

Each and every wholesaler or distributor qualifying as such with the board shall be required to file a report between the first and tenth of each month, covering the purchase or receipt by them of all alcoholic beverages enumerated and defined in this chapter during the preceding month. Said report shall give in detail the different kinds and quantities of alcoholic beverages so purchased or received by them during the preceding month.

Any wholesaler or distributor failing or refusing to file the above report in the manner and time allowed shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $500.00 for each offense.
Ala. Code § 28-8-7 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-7
Section 28-8-7 Definitions
Status: in_force

The words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor.
Ala. Code § 28-4-282 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-282
Section 28-4-282 Appliances Used, Etc., for Distillation or Manufacture of Prohibited Liquors and Beverages Declared Contraband; Said Appliances and Products Thereof to Be Summarily Destroyed by Sheriffs, Etc., Finding Same; Property, Etc., Where Distillery, Etc., Found Forfeited to State
Status: in_force

All appliances which have been used or are used or ready to be used for the purpose of distilling or manufacturing any prohibited liquors or beverages are contraband, and no person, firm or corporation or association of persons shall have any property rights in or to the same, and when said appliances or apparatus so used or ready to be used or that have been used for the manufacture of any prohibited liquors and beverages shall be found by any sheriff or other law officer, the same shall be by said officer at once summarily destroyed and rendered useless for service. The officer shall also summarily destroy any liquor or liquids, the product of a distillery or plant for the making of a prohibited liquor which he may find on the premises, and the owner of said distillery or plant or any person permitting the same to exist on the premises shall forfeit to the State of Alabama all property used in connection with said illegal plant, together with the buildings and lots or parcels of ground constituting the premises on which the unlawful act is performed or permitted to be performed.
Ala. Code § 28-4-181 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-181
Section 28-4-181 Purchase and Sale of Wine for Sacramental Purposes
Status: in_force

It shall be unlawful to sell wine for sacramental purposes, except to a minister, pastor, priest or officer of a regularly organized religious congregation or church. Any such person desiring to make such purchase in quantities not exceeding one gallon from a druggist shall sign a written or printed statement giving his name and residence and the name and location of the church for which such wine is purchased, and he shall certify that said wine is purchased in good faith to be used for sacramental or religious purposes and no other. The statements provided for in this section shall be filed at the end of each month by the druggist making the sale with the Alcoholic Beverage Control Board.
Ala. Code § 28-4-201 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-201
Section 28-4-201 Sale or Offer for Sale or Possession in Excess of Quantity Permitted of Such Alcoholic Beverages; Penalties for Violations of Article
Status: in_force

(a) It shall be unlawful for any person residing in or traveling through any dry county in this state to sell or offer to sell such alcoholic beverages to another or to have in his possession at any one time any amount of alcoholic beverages in excess of the quantity stipulated in Section 28-4-200.

(b) Any person violating the provisions of this article shall be guilty of a misdemeanor and shall be fined not less than $50.00 nor more than $500.00 or imprisoned in the county jail for a period not to exceed six months or both, at the discretion of the court.
Ala. Code § 28-4-112 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-112
Section 28-4-112 Receipt, Etc., of Prohibited Liquors and Beverages for Storage, Distribution, Etc., for Another
Status: in_force

It shall be unlawful for any person, firm, association or corporation to receive for storage, distribution or on consignment for another prohibited liquors and beverages or any of them or to have or maintain any warehouse or other place for the receipt, storage or distribution of liquors for another. Any person violating this section shall be guilty of a misdemeanor.
Ala. Code § 28-4-166 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-166
Section 28-4-166 Penalties for Violations of Article
Status: in_force

Any person who violates any provision of this article shall be guilty of a misdemeanor, when not otherwise expressed, and shall be punished as prescribed in this section.

Such person, except in cases where other punishment is prescribed, shall, on conviction, be punished by a fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months for the first conviction, at the discretion of the court. On the second and every subsequent conviction, in addition to the fine which may be imposed, the convicted party shall be imprisoned at hard labor for the county for not less than three nor more than six months, such imprisonment to be fixed by the court.
Ala. Code § 28-9-6 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-6
Section 28-9-6 Amendment, Cancellation, Etc., of Agreements; Proof of Good Faith; Notice; Good Cause
Status: in_force

(a) Notwithstanding any agreement and except as otherwise provided for in this chapter, a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier has complied with all of the following:

(1) Has satisfied the applicable notice requirements of subsection (c) of this section.

(2) Has acted in good faith.

(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.

(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving that it has acted in good faith, that the notice requirements under this section have been complied with, and that there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(c) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(5) of this section, the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than 60 days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. The notice shall be by certified mail and shall contain all of the following:

(1) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement.

(2) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(3) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.

(d) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal, or discontinuance under subdivision (a)(3) of this section when all of the following occur:

(1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier.

(2) The supplier first acquired knowledge of the failure described in subdivision (1) not more than 18 months before the date notification was given pursuant to subdivision (a)(1) of this section.

(3) The wholesaler was given notice by the supplier of failure to comply with the agreement.

(4) The wholesaler was afforded a reasonable opportunity to assert good faith efforts to comply with agreement within the time limits as provided for in subdivision (d)(5) of this section.

(5) The wholesaler has been afforded 30 days in which to submit a plan of corrective action to comply with the agreement and an additional 120 days to cure such noncompliance in accordance with the plan.

(e) Notwithstanding subsections (a) and (c) of this section, a supplier may terminate, cancel, fail to renew, or discontinue an agreement immediately upon written notice given in the manner and containing the information required by subsection (c) of this section if any of the following occur:

(1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the wholesaler’s ability to remain in business.

(2) Revocation or suspension of the wholesaler’s state or federal license by the appropriate regulatory agency whereby the wholesaler cannot service the wholesaler’s sales territory for more than 61 days.

(3) The wholesaler, or a partner or an individual who owns 10 percent or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, shall have, subject to the provisions of this chapter, the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder and if the sale is completed prior to conviction the provisions of this subdivision (3) shall not apply.

(f) Notwithstanding subsections (a), (c) and (e) of this section, upon not less than 15 days’ prior written notice given in the manner and containing the information required by subsection (c) of this section, a supplier may terminate, cancel, fail to renew, or discontinue an agreement if any of the following events occur:

(1) There was intentional fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier. Provided, however, the supplier shall have the burden of proving intentional fraudulent conduct relating to a material matter on the part of the wholesaler.

(2) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. Provided this subdivision does not apply if there is a dispute between two or more wholesalers as to the boundaries of the assigned territory, and the boundaries cannot be determined by a reading of the description contained in the agreements between the supplier and the wholesalers.

(3) A wholesaler who has failed to pay for beer ordered and delivered in accordance with established terms with the supplier fails to make full payment within two business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.

(4) A wholesaler intentionally has made a transfer of wholesaler’s business, other than a transfer to a designated member or pursuant to a loan agreement or debt instrument, without prior written notice to the supplier, and has failed, within 30 days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse said transfer of wholesaler’s business.

(5) A wholesaler intentionally has made a transfer of wholesaler’s business, other than a transfer to a designated member, although the wholesaler has prior to said transfer received from supplier a timely notice of disapproval of said transfer in accordance with this chapter.

(6) The wholesaler intentionally ceases, or ceases for a period of more than 61 days, to carry on business with respect to any of supplier’s brand or brands previously serviced by wholesaler in its territory designated by the supplier, unless such cessation is due to force majeure or to labor dispute and the wholesaler has made good faith efforts to overcome such events. Provided, however, this shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business.

(g) Notwithstanding subsections (a), (c), (e), and (f) of this section, a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than 30 days’ prior written notice if the supplier discontinues production or discontinues distribution in this state of all the brands sold by the supplier to the wholesaler. Provided, however, nothing in this section shall prohibit a supplier from: (1) upon not less than 30 days’ notice, discontinuing the distribution of any particular brand or package of beer; or (2) conducting test marketing of a new brand of beer or of a brand of beer which is not currently being sold in this state, provided that the supplier has notified the board in writing of its plans to test market, which notice shall describe the market area in which the test shall be conducted; the name or names of the wholesaler or wholesalers who will be selling the beer; the name or names of the brand of beer being tested; and the period of time, not to exceed 18 months, during which the testing will take place.
Ala. Code § 28-7-7 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-7
Section 28-7-7 Issuance of License, Generally
Status: in_force

Upon receipt of the application, the proper fees, the bond, if required, and upon being satisfied of the truth of the statements in the application and the applicant is a person of good repute the board shall grant and issue to the applicant a wine retailer’s or wine wholesaler’s license entitling the applicant to sell or distribute table wine in this state as set forth in Section 28-7-4.
Ala. Code § 28-4-156 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-156
Section 28-4-156 Physicians to File Affidavit with Probate Judge Before Authorized to Prescribe Alcohol for Medicinal Purposes; Form of Affidavit; Fee of Probate Judge for Filing and Recordation of Affidavit
Status: in_force

(a) Before any physician shall be authorized to prescribe alcohol for medicinal purposes, he shall first file with the probate judge of the county in which he practices an affidavit in the following form: “I, _____, a regularly authorized practicing physician, do solemnly swear or affirm that I am such regularly practicing physician in _____ County; and that I will not prescribe or furnish alcohol to any one except it be in my judgment a necessity in the alleviation or cure of the disease with which the patient shall be at the time afflicted and I will strictly comply with all the legal requirements pertaining to the furnishing of said prescriptions and will give no prescription for an amount exceeding one-half pint of alcohol; and I will comply with all the laws of the State of Alabama, with respect to the giving of prescriptions of alcohol for sickness; that I will not prescribe alcohol to one who is afflicted with the habit of taking narcotics or who is a person of intemperate habits nor will I prescribe alcohol merely upon the promise or statement of the patient that the same will be used for medicinal purposes, but it shall be prescribed only upon my judgment as a physician that the same is necessary in the treatment of a disease or sickness, which I shall find upon personal examination of the patient to exist in his case.”

(b) For the filing and recording of said affidavit by the probate judge in a book kept for that purpose, he may receive $.25 for each affidavit from the physician filing the same.
Ala. Code § 28-8A-2 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-2
Section 28-8A-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier.

(2) ANCILLARY BUSINESS. A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler that recycles empty beverage containers.

(3) DESIGNATED MEMBER. The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual’s ownership interest in the wholesaler under the terms of the deceased individual’s will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler’s business, or has succeeded to the deceased individual’s ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. Designated member also includes a person appointed by the court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler.

(4) GOOD FAITH. Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103.

(5) REASONABLE QUALIFICATIONS. The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler’s business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler’s business.

(6) RETALIATORY ACTION. Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith.

(7) SALES TERRITORY. An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement.

(8) SUBSTANTIAL STOCKHOLDER or SUBSTANTIAL PARTNER. A stockholder of or partner in the wholesaler who owns an interest of 25 percent or more of the partnership or of the capital stock of a corporate wholesaler.

(9) SUPPLIER. A manufacturer or importer of wine licensed by the board.

(10) TRANSFER OF WHOLESALER’S BUSINESS. The voluntary sale, assignment, or other transfer of all or control of the business or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler.

(11) WHOLESALER. A wholesaler of wine licensed by the board.
Ala. Code § 28-3A-20.2 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-20.2
Section 28-3A-20.2 Tasting of Liquor or Wine Conducted by Licensed Manufacturer or Its Representative
Status: in_force

(a) Notwithstanding any provision of law, a tasting of liquor or wine may be conducted by a licensed manufacturer or its representative inside the premises of a retail licensee that is licensed to sell liquor for off-premises consumption only or inside a state liquor store, in compliance with this section and Section 28-3A-25 and rules of the Alabama Alcoholic Beverage Control Board.

(b) Each state liquor store and each holder of a retail license for the sale of liquor for off-premises consumption only may permit a licensed manufacturer or its representative to conduct at no charge to the consumer, inside the state liquor store or the premises of the licensee, tastings of wine and distilled spirits. These tastings may not exceed one ounce serving of each wine, the number of wines being limited to no more than four products at any one tasting; and one-quarter ounce serving of each distilled spirit, the number of distilled spirits being limited to no more than two products at any one tasting. The tasting shall commence no later than six o’clock p.m. and end within two hours of the initial tasting. There shall be only one tasting of any kind on a given premises within a 24-hour period.

(c) Tastings may be held at not more than 10 percent of the state liquor stores during the calendar year ending December 31, 2016. During the 2017 calendar year, tastings may be held at not more than 20 percent of the state liquor stores. Beginning January 1, 2018, tastings may be held at not more than 28 percent of the state liquor stores during any calendar year.
Ala. Code § 28-3A-17 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-17
Section 28-3A-17 Retail Beer License for Off-Premises Consumption
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 retail beer license which will authorize the licensee to purchase beer, including draft beer in counties or municipalities where the sale thereof is permitted, in original unopened containers from licensed wholesalers and to sell such beer in packaged form at retail for off-premises consumption, where such use of the proposed location is not, at the time of the original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the retail outlet is located.
Ala. Code § 28-3A-19.2 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-19.2
Section 28-3A-19.2 Government Venue License
Status: in_force

(a) Upon an applicant’s compliance with this chapter and rules adopted thereunder and payment of the government venue license fee as established in Section 28-3A-21, the board shall issue a government venue license to a person for such period of time and upon such terms and conditions as the board may prescribe. A government venue license authorizes the licensee to purchase liquor and wine from the board and table wine and beer from any wholesale licensee and to sell at retail and dispense for on-premises consumption alcoholic beverages at a location on property owned or leased by the state or a political subdivision of the state. Locations may include, but are not limited to, civic centers and community event spaces; concert centers, amphitheaters, and music halls; convention centers and exhibition halls; government owned stadiums and sports complexes; or historic properties, parks, fairgrounds, or other outdoor spaces.

(b) The government venue license is a special retail license, and selling and dispensing of alcoholic beverages shall be restricted to an occasional use basis. For the purposes of this section, “occasional use basis” refers to a location where alcoholic beverages are sold and dispensed at individual events that may be open to the public or restricted to private parties. The term excludes locations where alcoholic beverages are dispensed and served to the public during continual business hours on a regular schedule.

(c) Any holder of a special retail license under Section 28-3A-19 may convert the license to a government venue license no later than September 30, 2026; provided, all requirements for issuance of a government venue license are met.
Ala. Code § 28-4-22 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-22
Section 28-4-22 Conduct of Business of Brewer, Rectifier of Spirits or Retail or Wholesale Dealer in Liquors or Malt Liquors
Status: in_force

It shall be unlawful within this state to carry on the business of a brewer, rectifier of spirits or retail or wholesale dealer in liquors or retail or wholesale dealer in malt liquors, and any violation of this section, whether a first or subsequent offense, shall be punishable as prescribed in Section 28-4-21.

The carrying on of business as such brewer or rectifier of spirits or retail or wholesale dealer in liquors or retail or wholesale dealer in malt liquors shall, for each separate day that it is carried on, constitute a separate offense, to be punished as prescribed in Section 28-4-21.
Ala. Code § 28-3A-6.3 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-6.3
Section 28-3A-6.3 Hospitality Management Program License
Status: in_force

(a) As used in this section, the term state university means a public two-year institution of higher education that has its own campus police department or a four-year institution of higher education.

(b) Upon compliance by an applicant with this section and this chapter and the rules adopted thereunder, the Alcoholic Beverage Control Board may issue a Hospitality Management Program license for any state university that operates a school or college that offers bachelors or associate degrees in Hospitality Management, Hospitality Sciences, Hotel Management, Event Management, Restaurant Management, or Culinary Sciences. A Hospitality Management Program license may be issued to the state university upon whose property the licensed premises is located or to a third party licensee of the board that has contracted with the state university to perform the licensed activities on the premises located on the state university campus.

(c) An application for a license under this section must be accompanied by a certificate signed by the president or equivalent chief executive officer of the state university upon whose property the licensed premises is located. If the applicant is a two-year institution of higher education, the application must also be signed by the Chancellor of the Alabama Community College System.

(d) Notwithstanding any provision of this title, including subdivision (a)(20) of Section 28-3A-25 and Section 28-3-4, a Hospitality Management Program license authorizes the licensee to do all of the following:

(1) Operate distilleries, wineries, breweries, or brewpubs, or any combination thereof, upon the premises of the state university as necessary to effectuate the purpose and mission of the state university and the academic programs described in subsection (b), provided the operations shall be in compliance with state and federal laws, rules, and regulations and the licensee shall be approved and permitted by the Alcohol and Tobacco Tax and Trade Bureau prior to operating. The alcoholic beverages produced by the distilleries, wineries, breweries, and brewpubs may be sold at retail as further described in subdivision (4) or used for teaching purposes.

(2) Conduct or support classes, seminars, and labs as deemed necessary on the licensed premises and on adjacent board licensed premises, whether or not operated by the licensee, alone or in support of the state university’s academic or other programs, or by other, third-party board retail licensees. The licensee may work in conjunction with personnel of other, third-party licensees of the board and may participate in activities of the state university. Students, interns, or employees shall be considered employees, agents, or servants of the licensees for the determination of liability.

(3) Lease an area on the licensed premises to the Alcoholic Beverage Control Board for use, if requested, to facilitate the traffic of alcoholic beverages to other board retail licensees located on the property that participate in the activities of the state university. With approval of the board, the licensee may be permitted to maintain a central storage area for alcoholic beverages produced by the licensee and to transfer and distribute the alcoholic beverages to other areas or operations on the licensed premises or other areas on the state university’s campus, but may not leave the campus except as otherwise authorized pursuant to this title.

(4) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft or keg beer, for on-premises consumption or off-premises consumption each day of the week, including Sundays. The sale of alcoholic beverages shall be in furtherance of the educational mission of the state university and the academic programs described in this section, and shall be confined to those buildings, facilities, and grounds that comprise the premises licensed pursuant to this section.

(e) A licensee may not manufacture 60,000 or more barrels of beer per year on its licensed premises, and beer sold for off-premises consumption may not exceed 864 ounces per customer per day.

(f) There is levied and assessed, upon all alcoholic beverages manufactured and sold at retail as provided in this section, the privilege or excise tax imposed on the sale of beer by Sections 28-3-184 and 28-3-190; imposed on the sale of table wine by Section 28-7-18; and imposed on the sale of liquor by Sections 28-3-200 through 28-3-205, in the same manner as provided in those sections.

(g) A licensee shall maintain Responsible Vendor Program training records.

(h) A licensee shall post in each of its locations where alcoholic beverages are served at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. The sign shall be posted at a point of sale or in any other location that is visible to customers and employees.

(i) A licensee operating in compliance with this section and any rules adopted by the board thereto shall not be required to obtain any other license of the board under this chapter.

(j) An annual license fee of one thousand dollars ($1,000) is levied and prescribed for a Hospitality Management Program license issued and renewed by the board pursuant to this section and this chapter.
Ala. Code § 28-1-1 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-1
Section 28-1-1 Possession of Still, Etc., or Illegally Manufactured, Transported or Imported Alcoholic Beverages
Status: in_force

In all counties of the state it shall be unlawful for any person, firm or corporation to have in his or its possession any still or apparatus to be used for the manufacture of any alcoholic beverage of any kind or any alcoholic beverage of any kind illegally manufactured or transported within the state or imported into the state from any other place without authority of the alcoholic control board of the state, and any person, firm or corporation violating this provision or who transports any illegally manufactured alcoholic beverages or who manufactures illegally any alcoholic beverages shall, upon conviction, be punished as provided by law.
Ala. Code § 28-4-153 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-153
Section 28-4-153 Purchase and Use of Alcohol by Physicians
Status: in_force

Regularly licensed and practicing physicians may purchase grain alcohol or pure alcohol in quantities of not more than one gallon at one time from wholesale or retail druggists and may use the same in compounding and dispensing remedies in the practice of their profession only.
Ala. Code § 28-3-15 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-15
Section 28-3-15 Acquisition, Dispensing, Etc., of Alcoholic Beverages, Wine, Etc., for Medicinal, Scientific, Etc., Purposes by Physicians, Dentists, Etc.; Acquisition, Etc., of Wine for Sacramental or Religious Purposes by Ministers, Pastors, Etc
Status: in_force

(a) Regularly licensed physicians, dentists or any person holding a license to practice medicine or to engage in any profession wherein the treatment of the human body or of an animal body is necessarily involved, clinics, noncommercial laboratories, manufacturing establishments, hospitals or sanatoria may acquire, own and dispense for medicinal, mechanical, scientific or other nonbeverage purposes only any alcoholic beverage, wine or ethyl alcohol.

(b) Any minister, pastor or officer of a regularly organized religious congregation or church and any other person who, under the ritual of any recognized religious denomination is authorized or required to use wine for sacramental or religious purposes in the ceremonies or ritual of such religious denominations, may acquire, own and use wine for such purposes only.
Ala. Code § 28-4-294 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-294
Section 28-4-294 Preparation of Return by Officer Seizing Prohibited Liquors and Beverages; Officer to Report Delivery to Any Person, Destruction, Etc., of Same
Status: in_force

When any officer shall seize or take possession of any prohibited liquors and beverages in the enforcement of the law, he shall at once, in writing, make a return of his acts, with a statement of the quantity and kind of liquors and beverages to the court that has or secures jurisdiction of the case. When any such liquor or beverage is destroyed, delivered to any person or otherwise disposed of, the officer acting in the matter shall in writing make a report of the facts to such court.
Ala. Code § 28-5-12 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-12
Section 28-5-12 False Statements in Applications, Etc., Forgery of Permits, Obstruction of Enforcement of Chapter, Violation of Terms of Permits, Etc
Status: in_force

It shall be unlawful for any permittee or for any officer, agent, employee or servant of such permittee to violate the terms of any permit or regulations issued under this chapter, or to make any false statement in any application, record or report required by the chapter, or to forge any permit required by this chapter, or to hinder or obstruct any officer charged with the duty of enforcing the provisions of this chapter, or to use any of the machinery, vats, pipes or other paraphernalia connected with such industrial alcohol plant, except as authorized by this chapter or the permit issued thereunder, or to remove or permit the removal of any mash, alcohol or liquid or compound containing alcohol from the premises of any alcohol manufacturing plant, except as provided in this chapter and in accordance with the regulations authorized in this chapter.
Ala. Code § 28-3A-6.4 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-6.4
Section 28-3A-6.4 Donations to Licensed Nonprofit Special Event by Licensed Manufacturer or Importer of Alcoholic Beverages
Status: in_force

A licensed manufacturer or importer in this state, or its agent, may donate and deliver up to 4.5 liters or equivalent thereof of liquor sourced from a licensed manufacturer or importer to a licensed nonprofit special event operated by or on behalf of a nonprofit organization for each event. Donations shall be taxed in accordance with state and federal laws, rules, and regulations. Donations shall be reported on a form prescribed by the board. A licensed manufacturer or importer, or its agent, shall acquire the product from the board based upon the listed retail price of the product donated. Any liquor remaining at the conclusion of the nonprofit event shall be returned to the broker for disposal.
Ala. Code § 28-6-6 — Alabama Code / Title 28 / Chapter 6 / Section 28-6-6
Section 28-6-6 Construction of Chapter
Status: reserved

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
Ala. Code § 28-3-283 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-283
Section 28-3-283 Rules and Regulations
Status: in_force

The Commissioner of the Department of Revenue is authorized to promulgate all reasonable rules and regulations necessary to implement the provisions of this article.
Ala. Code § 28-12-21 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-21
Section 28-12-21 Independent Testing Laboratories
Status: in_force

In order to protect the health, safety, and welfare of the residents of this state from dangerous foreign products, an independent testing laboratory must meet all of the following requirements:

(1) Is accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO (International Organization for Standardization)/IEC (International Electrotechnical Commission) 17025:2017 of the International Organization for Standardization.

(2) Does not have a direct or indirect interest in the producer whose product is being tested.

(3) Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, or sells hemp or consumable hemp products in this state or in another jurisdiction.
Ala. Code § 28-12-22 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-22
Section 28-12-22 Testing and Certificate of Analysis
Status: in_force

(a) The protocols for testing a consumable hemp product by an independent testing laboratory shall include the following, as well as a determination of corresponding tolerance limits:

(1) Cannabinoid content and potency, including, but not limited to, all of the following:

a. Total THC (THC+THCA).

b. Total CBD (CBD+CBDA).

c. THC/CBD ratio, if applicable.

d. Percent of THC relative to original plant material (w/w).

(2) Terpene profiles.

(3) Heavy metals.

(4) Chemical contamination, such as residual solvents remaining after extraction and concentration.

(5) Microbials, including pathogenic microbials.

(6) Mycotoxins.

(7) Residual insecticides, fungicides, herbicides, and growth regulators used during cultivation.

(b) The certificate of analysis shall include, at a minimum, all of the following:

(1) The batch number or lot number of the product.

(2) The date the certificate of analysis is issued.

(3) The method of analysis for each test conducted.

(4) The product name.

(5) A scannable barcode or quick response code linked to the label on the consumable hemp product container.

(6) The cannabinoid profile by the percentage in dry weight of CBD and total THC content, and verification that the product contains an amount of total THC not exceeding that which is stated on the label of the product.

(7) A listing of all ingredients for each product, including, if present, solvents, pesticides, microbial contaminants, and heavy metals.
Ala. Code § 28-1-2 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-2
Section 28-1-2 Admissibility of Evidence Obtained by Illegal Searches in Prosecutions Under Title; When Search Deemed Illegal
Status: in_force

No evidence obtained by means of an illegal search of the private dwelling of any person shall be admissible in any court in the prosecution of any person for violating any of the provisions of this title. A search is deemed illegal, unless a valid search warrant has been issued in full compliance with law, including Section 28-4-255, and such warrant is executed according to law.
Ala. Code § 28-4-134 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-134
Section 28-4-134 Persons Not to Be Excused from Testifying Before Grand Juries or at Trials for Violations of Article; Immunity from Prosecution as to Matters Disclosed
Status: in_force

No person shall be excused from testifying before the grand jury or at the trial in any prosecution for any violation of provisions contained in this article, but no disclosure or discovery made by such person is to be used against him in any penal or criminal prosecution for and on account of the matters disclosed.
Ala. Code § 28-3-75 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-75
Section 28-3-75 Transfers from Abc Board Operating Funds; Reimbursement; Construction
Status: in_force

(a) The transfers from the operating funds of the Alcoholic Beverage Control Board to the State General Fund and state agencies in the State General Fund budget acts for the fiscal years 1989-90 through 2001-2002 shall be in lieu of the distribution required by Section 28-3-74 for each of those fiscal years. Beginning with the State General Fund budget act for fiscal year 2002-03, no transfers shall be made from the operating funds of the ABC Board to the State General Fund or other state agencies.

(b) In the event the Alabama ABC Board or the Governor of the State of Alabama, the state Comptroller or any other state official or officer is required to pay any judgment or attorney fees in any lawsuit challenging the funding mechanisms under this section or Section 28-3-74, or in the event the Alabama ABC Board or the Governor of the State of Alabama, the state Comptroller or any other state official or officer is required to pay any judgment or attorney fees in the lawsuit styled City of Pelham, Alabama v. Alabama Alcoholic Beverage Control Board, et al. case number CV-2000 750-PR, the Alabama Alcoholic Beverage Control Board or the Governor of the State of Alabama, the state Comptroller or any other state official or officer shall be reimbursed for such judgment and fees out of payments from Section 28-3-74(a)(3) and Section 28-3-74(a)(5) before any amount is distributed to any wet city or county.

(c) It is the intent of the Legislature that this section and Section 28-3-74 be construed as retroactive and curative. All transfers or distributions of net profits from state liquor stores to the State General Fund authorized in general appropriation acts from October 1, 1989, until September 14, 2001, shall be deemed as having been transferred or distributed under the authority of this section and Section 28-3-74.
Ala. Code § 28-4-227 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-227
Section 28-4-227 Disposition of Liquor and Beverages, Etc., Seized Upon Final Judgment Generally - Destruction
Status: in_force

Whenever it shall be finally decided in the action that the liquors seized as aforesaid are forfeited and that they were kept or stored for an illegal purpose, the judgment of the court shall order the officer having said liquors in custody to forthwith destroy the same, together with the vessels containing the same, and other movable property used in keeping and maintaining the nuisance and immediately thereafter to make return of said order to the court whence it issued, with his action endorsed thereon.
Ala. Code § 28-6-2 — Alabama Code / Title 28 / Chapter 6 / Section 28-6-2
Section 28-6-2 Sale of Native Farm Wine Lawful; License Required
Status: reserved

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
Ala. Code § 28-9-7 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-7
Section 28-9-7 Transfer of Wholesaler’s 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 to any other person who meets the nondiscriminatory, material and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business, including the assignment of wholesaler’s rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee (other than a designated member) who meets such nondiscriminatory, material and reasonable qualifications and standards. Provided, however, the supplier shall have the burden of proving that the proposed transferee fails to meet such qualifications and standards which are nondiscriminatory, material and reasonable and consistently applied to Alabama wholesalers by the supplier. Provided, such designated member or transferee shall in no event be qualified as a transferee, without the written approval or consent of the supplier, where such proposed transferee shall have been involved in any of the following:

(1) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of any assignment for the benefit of creditors; or

(2) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than 61 days; or

(3) Convicted of a felony under the United States Code or the laws of any state, which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or

(4) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.

(b) The supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler’s business, including an assignment of wholesaler’s rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for Alabama wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of wholesaler’s business or the assignment of wholesaler’s rights under the agreement. The supplier shall have the burden proving that it has acted in good faith and that there was good cause for failure to accept or consent to the transfer of the wholesaler’s business or the assignment of wholesaler’s rights under the agreement.
Ala. Code § 28-4-221 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-221
Section 28-4-221 Persons, Etc., Against Whom Petition May Be Filed
Status: in_force

The petition to be filed to abate such nuisances may be filed against any person, firm or corporation who maintains or aids in maintaining such nuisance, including agents, servants and employees, as well as officers, of corporations.
Ala. Code § 28-9-1 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-1
Section 28-9-1 Legislative Intent and Purpose
Status: in_force

The legislative intent and purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of beer. Regulation in this area is considered necessary for the following reasons:

(1) To maintain stability and healthy competition in the beer industry in this state.

(2) To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public.

(3) To promote the public health, safety, and welfare.
Ala. Code § 28-4-316 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-316
Section 28-4-316 Grand Jury Proceedings Generally - Effect of Failure of Person to Attend and Testify in Obedience to Summons
Status: in_force

Any person who is summoned as a witness before the grand jury to answer as to any violation of law for the suppression of intemperance or prohibiting the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses to attend and testify in obedience to such summons without good cause, to be determined by the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor, must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months, at the discretion of the court.
Ala. Code § 28-3A-23 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-23
Section 28-3A-23 Regulation of Grant of Licenses
Status: in_force

(a) No license prescribed in this title shall be issued or renewed until the provisions of this title have been complied with and the filing and license fees other than those levied by a municipality are paid to the board.

(b) Licenses shall be granted and issued by the board only to reputable individuals, to associations whose members are reputable individuals, or to reputable corporations organized under the laws of this state or duly qualified thereunder to do business in Alabama, or, in the case of manufacturers, duly registered under the laws of Alabama, and then only when it appears that all officers and directors of the corporation are reputable individuals.

(c)(1) In addition to all other requirements, an applicant for a license under this section shall submit to the board a form, sworn to by the applicant, providing written consent from the applicant for the release of criminal history background information. The form shall also require the applicant’s name, date of birth, and Social Security number for completion of a criminal history background check.

(2) An applicant shall provide the board with two complete functional sets of fingerprints, either cards or electronic, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. The fingerprints and form shall be submitted by the board to the State Bureau of Investigations for the purposes of furnishing criminal background checks. The State Bureau of Investigations shall forward a copy of the applicant’s prints to the Federal Bureau of Investigation for a national criminal background check. The applicant shall pay all costs associated with the background checks required by this section.

(3) For purposes of this section, the term “applicant” shall include every person who has any proprietary or profit interest of 10 percent or more in the licensed establishment, but shall not include any public corporation whose shares are traded on a recognized stock exchange.

(4) The board shall keep information received pursuant to this section confidential, except that information received and relied upon in denying the issuance of a license in this state may be disclosed as may be necessary to support the denial or when subpoenaed from a court.

(d) Every license issued under this title shall be constantly and conspicuously displayed on the licensed premises.

(e) Each retail liquor license application must be approved by the governing authority of the municipality if the retailer is located in a municipality, or by the county commission if the retailer is located in the county and outside the limits of the municipality, before the board shall have authority to grant the license.

(f) Any retailer may be granted licenses to maintain, operate, or conduct any number of places for the sale of alcoholic beverages, but a separate license must be secured for each place where alcoholic beverages are sold. No retail license issued under this title shall be used for more than one premises, nor for separate types of operation on the same premises. Provided, however, any such licensed retail operation existing on May 14, 2009, and operating based on dual licenses, both a club or lounge license and a restaurant license, on the same premises shall be exempt from the requirement of the preceding sentence and may continue to operate under the dual licenses. Any rule adopted by the board relating to the requirements concerning dual licenses, both a club or lounge license and a restaurant license, shall not apply to any retail operation existing on May 14, 2009. The rules shall include, but not be limited to, the maintenance of separate books, separate entrances, and separate inventories. Each premises must have a separate retail license. Where more than one retail operation is located within the same building, each operation under a separate or different ownership is required to obtain a separate retail license; and where more than one type of retail operation located within the same building is operated by the same licensee, the licensee must have a license for each type of retail operation. Provided, there shall be no licenses issued by the board for the sale of liquor, beer, or wine by rolling stores.

(g) No retailer shall sell any alcoholic beverages for consumption on the licensed premises except in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public; but this section shall not be interpreted to prevent a hotel or club licensee from selling alcoholic beverages in any room of the hotel or club house occupied by a bona fide registered guest or member or private party entitled to purchase the same.

(h) All beer, except draft or keg beer, sold by retailers must be sold or dispensed in bottles, cans, or other containers not to exceed 25.4 ounces. All wine sold by retailers for off-premises consumption must be sold or dispensed in bottles or other containers in accordance with the standards of fill specified in the then effective standards of fill for wine prescribed by the U.S. Treasury Department.

(i) Draft or keg beer may be sold or dispensed within this state within those counties in which and in the manner in which the sale of draft or keg beer was authorized by law on September 30, 1980, or in which the sale of draft or keg beer is hereafter authorized by law. In rural communities with a predominantly foreign population, after the payment of the tax imposed by this title, draft or keg beer may be sold or dispensed by special permit from the board, when, in the judgment of the board, the use and consumption of draft or keg beer is in accordance with the habit and customs of the people of any such rural community. The board may grant to any civic center authority or its franchisee or concessionaire, to which the board may have issued or may simultaneously issue a retail license under the provisions of this title, a revocable temporary permit to sell or dispense in any part of its civic center, for consumption therein, draft or keg beer. Either permit shall be promptly revoked by the board if, in its judgment, the same tends to create intemperance or is prejudicial to the welfare, health, peace, temperance, and safety of the people of the community or of the state.

(j) No importer shall sell alcoholic beverages to any person other than a wholesaler licensee, or sell to a wholesaler licensee any brand or brands of alcoholic beverages for sale or distribution in this state, except where the importer has been granted written authorization from the manufacturer thereof to import and sell the brand or brands to be sold in this state, which authorization is on file with the board.

(k) No wholesaler shall maintain or operate any place where sales are made other than that for which the wholesale license is granted; provided, however, a wholesaler may be licensed to sell and distribute liquor, wine, and beer. No wholesaler shall maintain any place for the storage of liquor, wine, or beer unless the same has been approved by the board. No wholesaler license shall be issued for any premises in any part of which there is operated any retail license for the sale of alcoholic beverages.

(l) Licenses issued under this title may not be assigned. The board may transfer any license from one person to another, or from one place to another within the same governing jurisdiction, or both, as the board may determine; but no transfers shall be made to a person who would not have been eligible to receive the license originally, nor for the transaction of business at a place for which the license could not originally have been issued lawfully.

(m) Every applicant for a transfer of a license shall file a written application with the board within such time as the board shall fix in its rules. Whenever any license is transferred, there shall be collected a filing fee of fifty dollars ($50), to be paid to the board, and the board shall pay the fee into the State Treasury to the credit of the Beer Tax and License Fund of the board.

(n) In the event that any person to whom a license has been issued under the terms of this title becomes insolvent, makes an assignment for the benefit of creditors, or is adjudicated as bankrupt by either voluntary or involuntary action, the license of the person shall immediately terminate and be cancelled without any action on the part of the board, and there shall be no refund made, or credit given, for the unused portion of the license fee for the remainder of the license year for which the license was granted. Thereafter, no license shall be issued by the board for the premises, wherein the license was conducted, to any assignee, committee, trustee, receiver, or successor of the licensee until a hearing has been held by the board as in the case of a new application for license. In all such cases, the board shall have the sole and final discretion as to the propriety of the issuance of a license for the premises, the time it shall issue, and the period for which it shall be issued, and shall have the further power to impose conditions under which the licensed premises shall be conducted.
Ala. Code § 28-6-1 — Alabama Code / Title 28 / Chapter 6 / Section 28-6-1
Section 28-6-1 Definitions
Status: reserved

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
Ala. Code § 28-4-251 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-251
Section 28-4-251 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Authorization and Procedure Generally
Status: in_force

Search warrants for the seizure of liquors and beverages that are prohibited to be sold or otherwise disposed of in this state, together with the vessel or other receptacle in which they are contained, may be issued as prescribed in this article, and proceedings may be had to secure the destruction of such liquors, beverages, vessels and receptacles upon the grounds and in the manner provided in this article.
Ala. Code § 28-8-4 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-4
Section 28-8-4 Modification of Designated Sales Territory or Territorial Agreement
Status: in_force

No modification of either the designated sales territory or any territorial agreement shall be effective (i) until written notice thereof shall have been given by the manufacturer or importer to the wholesaler; (ii) until written notice thereof, together with the affidavit of the manufacturer stating that the level of service within the designated territory will not be adversely affected by the change, shall have been filed with the board; and (iii) until the board shall have verified that the level of service within the designated territory will not be adversely affected by the change. Provided, however, board verification shall not be required where the board has suspended or revoked the license of the wholesaler, shall not be unreasonably withheld and shall be completed within a reasonable time not to exceed 30 days from the date of filing with the board. The notice shall be given after recognizing all rights of the wholesaler and duties of the manufacturer or importer. Nothing in this chapter shall impair or alter contractual rights, duties or obligations of manufacturer, importer or wholesaler, including but not limited to the termination thereof.
Ala. Code § 28-3-200 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-200
Section 28-3-200 Additional 10 Percent Tax - Alcoholic Beverage Control Board Store Fund
Status: in_force

In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the Alabama Alcoholic Beverage Control Board.

The tax imposed by this section shall be computed at the time the sale is made to the purchaser and shall be collected by the board from said purchaser at the time the purchase price is paid; provided, however, that if said tax shall not be $.05 or a multiple of $.05 it shall be adjusted up or down to the nearest multiple of $.05.

Said tax, when collected, shall be paid to the State Treasurer by the Alabama Alcoholic Beverage Control Board and shall be by said treasurer credited to the Alabama Alcoholic Beverage Control Board Store Fund to be distributed as provided by law.
Ala. Code § 28-11-13 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-13
Section 28-11-13 Individuals Under 21 Years of Age Prohibited from Possessing, Transporting, Etc., Tobacco, Electronic Nicotine Delivery System, Etc.; Exceptions; Violations
Status: in_force

(a)(1) It is unlawful for any individual under 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, alternative nicotine product, e-liquid, tobacco substitute, or an electronic nicotine delivery system or other electronic battery-powered device capable of being used to deliver any e-liquid or e-liquid substitute; tobacco or tobacco substitute; CBD oil or THC oil; liquid that contains cannabinoids derived from or found in hemp which is intended for use in an electronic nicotine delivery system; herbal extract; or nicotine salt, or any analog of the foregoing; or any other substance to the individual through the inhalation of vapor within this state.

(2) For purposes of this subsection, a violation is committed upon mere possession of an electronic nicotine delivery system or other electronic battery-powered device as described in subdivision (1), irrespective of which particular e-liquid or other substance, if any, was contained or otherwise used in the device.

(b) Notwithstanding subsection (a), an individual under 21 years of age who is an employee of a tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product permit holder may handle, transport, or sell tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative tobacco product, provided the employee is acting within the line and scope of employment and the permit holder, or an employee of the permit holder who is 21 years of age or older, is present.

(c) It is unlawful for any individual under 21 years of age to present or offer to another individual proof of identification that is false, fraudulent, or not actually his or her own proof of identification in order to buy, receive, or otherwise obtain, or attempt to buy, receive, or otherwise obtain, any tobacco, tobacco product, electronic nicotine delivery system, e-liquid, or alternative nicotine product.

(d) Except as otherwise provided, a violation of this section by an individual under 19 years of age shall constitute a delinquent act and the individual shall be subject to the exclusive jurisdiction of the juvenile court. Any violation of this section shall be punished as follows:

(1) For a first violation, the individual’s parent or legal guardian shall be notified and the court shall require the individual to attend an in-person vaping awareness, education, and prevention class as described in Section 16-41A-1(d).

(2) For a second violation, the individual’s parent or legal guardian shall be notified and the court shall require the individual to attend a nonresidential addiction or substance abuse rehabilitation course approved by the court and the Department of Public Health. The course shall be at no cost to the individual. The course may be in-person or online. The cost of the treatment shall be paid out of the Vaping Licensing and Enforcement Fund pursuant to Section 28-11-10(4).

a. If the individual is under 19 years of age, the individual’s parent or legal guardian must attend the course with the individual.

b. If the individual is 19 or more years of age, the court shall require the individual to attend the course with a rehabilitation sponsor approved by the court. Any of the following may serve as a rehabilitation sponsor subject to approval by the court: a parent or legal guardian, school counselor, teacher, school administrator, member of the clergy, or other individual approved by the court.

(3) No court costs or fees may be assessed under this subsection.

(e) If a minor is cited for any violation under this section, the citing agency shall make reasonable efforts to notify a parent, legal guardian, or legal custodian of the minor unless the minor has been emancipated by court order or operation of law.

(f) Nothing in this section shall apply to devices used to deliver medication prescribed or ordered by a physician licensed to practice medicine in this state.
Ala. Code § 28-4-315 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-315
Section 28-4-315 Sheriffs to Cooperate with District Attorneys in Prosecutions, Etc
Status: in_force

Sheriffs are charged with the duty of being on the alert for violations of any of the prohibition statutes and of cooperating with the district attorneys in bringing violators to justice.
Ala. Code § 28-10-3 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-3
Section 28-10-3 Definitions
Status: in_force

The following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) BOARD. The Alcoholic Beverage Control Board of the State of Alabama.

(2) VENDOR. A person who is licensed by the board to sell alcoholic beverages for on-the-premises consumption and/or for off-the-premises consumption.
Ala. Code § 28-3-194 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-194
Section 28-3-194 County and Municipal License Fees
Status: in_force

Each county and municipality is authorized to fix a reasonable privilege or license fee on retail, importer and wholesale licensees, for the purpose of covering the cost of administration, but not to generate revenue. Provided, however, that a county or municipality shall levy no license or privilege tax or other charge for the privilege of doing business as a beer wholesaler, importer or retailer which shall exceed one-half the amount of the state license fee.
Ala. Code § 28-4-266 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-266
Section 28-4-266 Issuance of General Notice to Persons Claiming Right, Title, Etc., in Liquors and Beverages, Etc., Seized to Appear and Show Cause Why Same Should Not Be Forfeited and Destroyed
Status: in_force

Upon the return of the warrant to the judge of the district court showing a seizure thereunder, the judge shall issue a notice directed generally to all persons claiming any right, title or interests in such liquors and beverages and vessels and receptacles to appear before the judge issuing the warrant at a time and place therein specified not less than five nor more than 15 days after the issuance of said notice and show cause why such liquors and beverages and vessels and receptacles shall not be forfeited to the state and destroyed.
Ala. Code § 28-4-230 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-230
Section 28-4-230 Persons Who May Be Joined as Parties Defendant in Proceedings and Who May Be Enjoined from Maintaining, Etc., Nuisance
Status: in_force

The owner of and all persons interested in the building or premises where the nuisance exists or any agent renting the same, as well as the keeper thereof, may be joined with the keeper as parties defendant to the proceedings, and all such owners, keepers, parties interested or agents who may be found to have knowingly assented to the keeping or maintaining of such nuisance on the premises at any time within six months prior to the commencement of the action and their servants, lessees and tenants shall be perpetually enjoined from maintaining and keeping or suffering to be kept and maintained such nuisance or any liquor nuisance upon the said premises.
Ala. Code § 28-4-291 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-291
Section 28-4-291 Disposition of Proceeds from Sale of Such Property Forfeited to State
Status: in_force

Unless otherwise provided by law, the proceeds of the sale of any such property forfeited to the state, whether sold by court order or by an officer under advertisement, shall, after paying all expenses in the action, or of advertisement, as the case may be, including the costs of seizure and of keeping the property pending the proceedings, be applied as follows: One half of the proceeds shall be paid into the general fund of the county in which the property is seized, and the other one half shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor; provided, that when such property shall be seized by an officer of a municipality, one half of the proceeds of the sale shall be paid into the general fund of the municipality, one quarter shall be paid into the general fund of the county, and the other one quarter shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor.
Ala. Code § 28-4-289 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-289
Section 28-4-289 Payment of Costs in Actions for Condemnation of Vehicles, Etc., Used in Transportation of Prohibited Liquors or Beverages Where Judgment Entered Against State
Status: in_force

In all actions filed under this article for the purpose of condemning and selling conveyances and vehicles of transportation of any kind on account of their use in the transportation of prohibited liquors or beverages, if a judgment shall be entered against the state, the court costs shall be paid out of the law-enforcement fund provided for in this article, said payment to be made on warrant of the Comptroller upon receipt by him of the bill of costs certified as being correct by the register or clerk of the circuit court in which such action shall have been tried, which cost bill should also bear the approval of the Attorney General and the Governor before a warrant shall be drawn.
Ala. Code § 28-4-260 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-260
Section 28-4-260 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Execution - Giving of Receipt for Prohibited Liquors and Beverages, Etc., Seized Under Warrant
Status: in_force

When an officer takes prohibited liquors and beverages under the warrant, he must, if required, give a receipt to the person from whom they were taken or in whose possession they were found and also a receipt for such receptacles or vessels as may be taken under the warrant.
Ala. Code § 28-4-285 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-285
Section 28-4-285 Conveyances, Vehicles of Transportation or Animals Used for Illegal Conveyance of Prohibited Liquors and Beverages Declared Contraband and Forfeited to State; Seizure of Said Conveyances, Etc., and Reporting Thereof by Sheriffs, Etc., Finding Same; Confiscation and Condemnation Generally
Status: in_force

All conveyances and vehicles of transportation of any kind, whether on the waters of the state, under the waters, on land or in the air, including any animals that may be used in such transportation, whether hitched or not hitched to any vehicle so illegally used, together with all harness and other accessories employed in such illegal transportation, which have been or are used for the illegal conveying of any prohibited liquors or beverages into this state or from one point in the state to another point within the state shall be contraband and shall be forfeited to the State of Alabama, and shall be seized by any sheriff or any other person acting under authority of law in the enforcement of the prohibition laws of the state who becomes cognizant of the facts or who finds liquor being illegally transported as aforesaid in such vehicles or conveyances or on any such animal, and such officer or person shall report the seizure and the facts connected therewith to the district attorney in the county where seizure is made or, in default thereof, to the Attorney General of the state.

In order to condemn and confiscate any of the above-mentioned conveyances or vehicles or animals, it shall not be necessary for the state to show any actual movement of said conveyances, vehicles or animals while loaded with any of said prohibited liquors or beverages; provided, that if said prohibited liquors or beverages shall have been purchased through the state liquor stores or shall bear the stamp of the Alabama Alcoholic Beverage Control Board, no such conveyance, vehicle or animal shall be confiscated or forfeited unless the court shall be convinced from the evidence that said prohibited liquors or beverages were being transported for the purpose of resale contrary to law, and the fact that the owner or operator of said conveyance or vehicle or animal has a reputation of being a seller of prohibited liquors shall be prima facie evidence that such liquors or beverages were being transported for resale.
Ala. Code § 28-11-22 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-22
Section 28-11-22 Rulemaking Authority
Status: in_force

The Alcoholic Beverage Control Board shall adopt rules to implement and administer this chapter.