Ala. Code § 28-3-197 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-197
Section 28-3-197 Supplemental Revenue Loss Phase-Out System
Status: in_force

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

(1) SUPPLEMENT BEER TAX ESCROW FUND. A fund established with the Alcoholic Beverage Control Board as escrow agent funded by payments made by wholesale beer licensees collecting the tax imposed by this article, such payments being made from the discount provided by Section 28-3-190(b). From the fund, the board shall pay to each supplement eligible county the amount or amounts provided by this section for the purpose of phasing out the supplement net revenue loss, if any, which would be experienced by supplement eligible counties.

(2) SUPPLEMENT ELIGIBLE COUNTY. Any eligible county which would, as a result of the uniform tax levied on beer by this article, continue to experience a decrease in its net local tax revenue collected on beer beyond the end of the subsidy provided in Section 28-3-196. In order for any county to become eligible for the supplement, it must have been an eligible county under Section 28-3-196 and must timely file a claim for its supplement net revenue loss, which claim must be certified by the board as provided in subsection (e) of this section. Provided, however, that no county will be a supplement eligible county if any adjoining dry county or municipality shall have become wet between September 30, 1982 and October 1, 1985.

(3) SUPPLEMENT BASE YEAR. The year commencing October 1, 1985, and ending September 30, 1986.

(4) SUPPLEMENT BASE YEAR CASES. The number of cases of beer sold within an eligible county during the supplement base year upon which the uniform tax levied on beer by this article was paid in that county, which number shall be determined by the board.

(5) SUPPLEMENT BASE YEAR NET REVENUE. The actual revenue realized within a county from uniform local beer taxes collected on the sale of the supplement base year cases pursuant to this article. The amount of revenue derived from supplement base year cases multiplied by the rate of tax per case levied by this article, after deducting the discount of two and one-half percent prescribed in Section 28-3-190(b). (Supplement base year cases × rate of tax per case - two and one-half percent discount = supplement base year net revenue).

(6) SUPPLEMENT NET REVENUE LOSS. The excess of base year net revenue over supplement base year net revenue. (Base year net revenue - supplement base year net revenue = supplement net revenue loss).

(7) SUPPLEMENT, or SUPPLEMENTAL SUBSIDY. The sum of money paid from the supplement beer tax escrow fund by the board to each supplement eligible county in installments as hereinafter provided totaling 200 percent of its supplement net revenue loss.

(b) There is hereby established a supplement beer tax escrow fund into which shall be paid the total amount of 200 percent of the annual supplement net revenue loss as herein defined and calculated, which loss would be experienced by those supplement eligible counties. This supplement beer tax escrow fund shall be funded by payments from funds provided by the discount permitted by Section 28-3-190(b) made by wholesale beer licensees who collect the uniform tax levied by this article.

(c) All wholesale beer licensees collecting the tax imposed by this article shall pay into the supplement beer tax escrow fund. Such payments are to total a sum equal to 200 percent of the supplement net revenue loss of supplement eligible counties, as determined by the board, and are to be made from the two and one-half percent discount prescribed for wholesale licensees in Section 28-3-190(b), as follows: Wholesale beer licensees collecting the tax imposed by this article shall pay monthly to the board for deposit in and credit to the supplement beer tax escrow fund the sum of two and one-half cents per case for each case of beer received during the preceding month upon which beer tax is paid in this state. Such monthly payments shall commence on October 31, 1986, and shall be paid not later than the last day of each succeeding month and shall continue monthly until the total of the payments made into the fund shall be equal to or exceed the total supplements to be paid to all supplement eligible counties. The board shall cease collecting payments and shall so notify promptly each participating beer wholesaler when the total of the payments made to the board shall be equal to or exceed the total supplements to be paid. Upon the payment of supplements to all supplement eligible counties, any moneys remaining in the fund shall be paid into the General Fund of this state.

(d) Each supplement eligible county shall be paid 200 percent of its supplement net revenue loss (the excess of base year net revenue as defined in Section 28-3-196 over supplement base year revenue) by the board from the fund from the supplement beer escrow fund, as follows:

For the fiscal year commencing October 1, 1986, and ending September 30, 1987, the payment to each supplement eligible county shall be 100 percent of its supplement net revenue loss, or excess of base year net revenue over supplement base year revenue, and for the fiscal year October 1, 1987 through September 30, 1988, 100 percent of its supplement net revenue loss.

The board shall pay the supplement to each supplement eligible county on the 15th day of the months of March, June and September of the years, 1987 and 1988, an amount equal to one-third of the total annual supplement payment to be made during that fiscal year; provided, should the supplement beer tax escrow fund not contain sufficient money to make any given payment, any deficiency shall be made up in the next succeeding payment or payments.

(e) Any eligible county desiring to assert a claim of eligibility for the supplement under this section must file its claim with the board within 60 days after September 30, 1986. Upon the filing of such claim, the board shall, within 60 days after the filing of a claim, investigate and determine the eligibility of the claim of said eligible county for supplement and, if eligible for the supplement, the amount of its supplement. The decision of the board on supplement eligibility and the supplement amount shall be final and binding. No dry county shall be eligible to receive a supplement on or after the effective date of its becoming a dry county.
Ala. Code § 28-2-24 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-24
Section 28-2-24 Counties Not Authorized to Conduct Referenda Under Provisions of Section 28-2-21
Status: in_force

No county which, as of September 22, 1971, authorized the sale and distribution of alcoholic beverages shall be authorized to conduct a referendum under the provisions of Section 28-2-21.
Ala. Code § 28-7A-3 — Alabama Code / Title 28 / Chapter 7A / Section 28-7A-3
Section 28-7A-3 Collection and Disposition of Moneys from Taxes on Beer or Table Wine; Fee Payable to Board
Status: in_force

The taxes on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, to be collected by any local governing body, except as provided in Section 28-7A-2, shall be paid when due in accordance with the applicable law to the board for the use and benefit of such local governing body. The board shall collect the revenues generated by such tax at the same time and in the same manner as provided for collection by the local governing body. The taxes so collected shall be deposited into a special fund for the local governing body and paid by the board to the treasury of the local governing body for which they were collected within 25 days after the end of the month in which such funds are received by the board. Provided, however, that the board shall retain two and one-half percent of the tax due to the local governing body as a fee to the board for auditing, collecting, disbursing and administering the tax. The sum so retained by the board shall be deposited to the credit of the General Fund of the state and dispersed therefrom according to law. Each such local governing body shall further distribute such proceeds in the manner provided by law.
Ala. Code § 28-3A-6.2 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-6.2
Section 28-3A-6.2 Wine Fulfillment Center License
Status: in_force

(a)(1) Any person who is not a common or permit carrier and who does not hold a direct wine shipper, wholesaler, retailer, manufacturer, or importer license issued by the board and who is not owned or controlled by a common or permit carrier or a direct wine shipper, wholesaler, retailer, manufacturer, or importer licensee of the board may obtain a wine fulfillment center license from the board as provided in this section. A wine fulfillment center licensee, subject to compliance with all terms and provisions of this section and Section 28-3A-6.1 may contract with a common or permit carrier for the shipment of unopened containers of wine on behalf of a direct wine shipper licensee directly to an Alabama resident who is at least 21 years of age, for personal use by the individual and not for resale.

(2) A person shall obtain a separate wine fulfillment center license for each physical premises that is to be used as a wine fulfillment center before shipping wine to any Alabama resident from that premises, and shall pay an annual license fee of five hundred dollars ($500), plus an additional one hundred dollars ($100) for each additional premises from which shipments to Alabama residents will be made.

(3) The holder of a wine fulfillment center license may only provide logistics services of warehousing, packaging, order fulfillment, and shipment of wine for a direct wine shipper licensee for which the wine fulfillment center licensee is the bailee of the wine. Wine held in bailment by a wine fulfillment center licensee shall remain the property of the direct wine shipper licensee until loaded on conveyance for direct shipment to an Alabama resident.

(4) A wine fulfillment center licensee shall not ship wine into or within the state from, or on behalf of, any of the following:

a. An unlicensed direct shipper of wine, either in-state or out-of-state.

b. A retailer licensed by the board.

c. An out-of-state retailer.

d. A person that does not hold a direct wine shipper license.

(b) A wine fulfillment center license applicant shall provide all of the following information to the board as part of its application:

(1) The precise location or locations at which the licensee will engage in logistics services for wine to be shipped into the state.

(2) Any other information required by the board.

(c) A wine fulfillment center licensee shall do all of the following:

(1) Annually renew its wine fulfillment center license in a manner as established by rule of the board and pay any initial and annual license fees.

(2) Enter into a contract with a direct wine shipper licensee designating the wine fulfillment center licensee as the agent of the direct wine shipper licensee for purposes of this section and Section 28-3A-6.1. A wine fulfillment center licensee may not avoid liability under this section by subcontracting with a third party to perform its obligations pursuant to this section.

(3) Maintain a compliance program documenting that all wine shipped by each direct wine shipper licensee through the wine fulfillment center licensee satisfies the requirements set forth in subdivisions (c)(1) and (c)(2) of Section 28-3A-6.1.

(4) Make all commercially reasonable efforts to verify the validity of each direct wine shipper license prior to making any shipment on behalf of the direct wine shipper licensee.

(5) Ensure all containers of wine shipped by the wine fulfillment center licensee to an Alabama resident are conspicuously labeled with the following words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.”

(6) Report to the board on a quarterly basis in a manner prescribed by the board all of the following information for each wine shipment into the state pursuant to this section:

a. The name, address, and license number of the direct wine shipper licensee and the point of origin of shipment from which the wine fulfillment center licensee received the wine, if different from the address of the direct wine shipper licensee.

b. The name and address of the Alabama resident who placed the order.

c. For each completed shipment, evidence of signature by an individual age 21 years or older.

d. The name and license number of the common or permit carrier engaged in the shipment.

e. The date of shipment.

f. The carrier tracking number.

g. The quantity of wine in the shipment.

(7) Maintain for a minimum of three years from the date of receipt from a direct wine shipper licensee or the date of shipment to an Alabama resident, as applicable, and permit the board and any of its designees to inspect, verify, or perform an audit of all of the information listed in subdivision (6).

(8) Upon violation of this title or a rule of the board, be subject to a civil penalty imposed by the board by administrative proceedings that apply to alcoholic beverage licenses, as follows:

(1) For the first violation, a civil penalty not to exceed five hundred dollars ($500).

(2) For a second violation, a civil penalty not to exceed three thousand dollars ($3,000).

(3) For a third or any subsequent violation, a civil penalty not to exceed six thousand dollars ($6,000).

(9) Be deemed to have consented to the jurisdiction of the board and the other state agencies and the state courts concerning enforcement of this section and Section 28-3A-6.1.

(d) Any fines or fees received by the board under this section shall be used by the board in order to perform its regulatory duties under Title 28.

(e) The board may adopt rules to implement this section.
Ala. Code § 28-11-6 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-6
Section 28-11-6 Distribution of Tobacco or Tobacco Products
Status: in_force

No tobacco or tobacco product, except cigars, shall be distributed unless in an original factory-wrapped container. This prohibition also applies to the distribution of single cigarettes and packages containing less than 20 cigarettes.
Ala. Code § 28-12-25 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-25
Section 28-12-25 Labeling
Status: in_force

Each container of a consumable hemp product must be labeled to include, at a minimum:

(1) A list of all ingredients in descending order of predominance;

(2) A scannable barcode or quick response code linked to the certificate of analysis;

(3) The manufacture date and expiration date;

(4) The batch number must correspond to the certificate of analysis;

(5) The total number of milligrams of THCs found in the container;

(6) The serving size;

(7) The total number of milligrams of THCs per serving; and

(8) The following warnings:

a. To keep the product out of reach of children;

b. That consumption of the product may cause the person to fail a drug test due to THC being present;

c. That the product is not safe nor intended for any person under 21 years of age;

d. That the product is not safe for any person who is pregnant or breastfeeding; and

e. That the product may impair a person’s ability to drive and operate machinery.
Ala. Code § 28-8A-3 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-3
Section 28-8A-3 Existing Franchise Laws
Status: in_force

(a) This chapter does not apply to regulation of beer franchises.

(b) Nothing in this chapter shall be deemed to repeal or amend wine franchise laws existing on August 1, 2021. This article is intended to provide wine franchise regulation for counties in which regulation does not exist by local law, and to leave in effect and unchanged existing local wine franchise laws in Baldwin, Jefferson, Mobile, Montgomery, and Shelby Counties.
Ala. Code § 28-3A-19 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-19
Section 28-3A-19 Special Retail License
Status: in_force

Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue a special retail license in wet counties for a state park, racing commission, fair authority, airport authority, or civic center authority, or the franchises or concessionaire of such park, commission or authority, and may, in its discretion, issue a special retail license to any other valid responsible organization of good reputation for such period of time not to exceed one year and upon such terms and conditions as the board shall prescribe, which will authorize the licensee to purchase, where the retail sale thereof is authorized by the board, liquor and wine from the board or as authorized by the board and table wine and beer from any wholesale licensee of the board and to sell at retail and dispense such alcoholic beverages as are authorized by the board at such locations authorized by the board upon such terms and conditions as prescribed by the board. Provided, however, no sale of alcoholic beverages shall be permitted on any Sunday after the hour of 2:00 A.M.
Ala. Code § 28-3-11 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-11
Section 28-3-11 Invoices and Receipts to Be Maintained by Persons, Firms, Etc., Selling or Shipping Goods, Merchandise, Etc., to Persons, Firms, Etc., in Another State or to Federal Government for Army, Navy or Marine Purposes; Exemption from Taxation Goods Purchased from Alcoholic Beverage Control Board for Export to Another Country
Status: in_force

(a) Where goods, wares, or merchandise enumerated in this chapter are sold or shipped to any person, firm, corporation, or association of persons in another state, the seller or shipper in this state shall make and preserve for three years a duplicate invoice bill, giving the name of the person, firm, corporation, or association of persons to whom shipped, delivered, or sold, the date of sale or shipment, and the quantity of the merchandise sold or shipped. The seller in this state shall have on file a freight, express, or postal receipt for the merchandise showing that the merchandise was turned over to a common carrier engaged in interstate commerce. If the merchandise is delivered by a conveyance belonging to a seller in this state, the seller shall have on file a receipt signed by the purchasers showing the goods, wares, or merchandise were received by him or her in another state. All of the above records shall at all times be subject to the inspection and audit of any duly authorized agent of the board.

Notwithstanding any law to the contrary, no tax levied pursuant to this chapter shall be collected on any goods, wares, or merchandise purchased from the Alcoholic Beverage Control Board for export to another country provided all of the following conditions are met:

(1) The exporter is approved by the board based on any reasonable criteria set by the board by rule.

(2) The goods, wares, or merchandise are picked up by the exporter from the central distribution location of the board.

(3) The exporter operates only in a duty free zone.

(4) The exporter is subject to audit and inspection by the board.

The board may adopt any rules necessary to carry out the intent of this provision.

(b) Any goods, wares, or merchandise enumerated in this chapter that are sold to the United States government for army, navy, or marine purposes and which are shipped from a point within this state to a place which has been lawfully ceded to the United States government for army, navy, or marine purposes shall be subject to the same provisions as mentioned in subsection (a) for goods, wares, or merchandise sold or shipped to another state. Goods, wares, or merchandise enumerated in this chapter sold or delivered to ships belonging to the United States Navy for distribution and sale to members of the military establishment only or sold and delivered to ships regularly engaged in foreign or coastwise shipping between points in this state and points outside this state, shall be subject to the same provisions as mentioned in subsection (a) for goods, wares, or merchandise sold or shipped to another state.

(c) The board may promulgate rules and regulations from time to time to prevent any abuse of the provisions contained in this section.

(d) Any person, firm, corporation, or association of persons found guilty of violating any of the provisions of this section or who receives or stores any of the articles of alcoholic beverages enumerated in this chapter for sale within the State of Alabama shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed six months or both at the discretion of the court.
Ala. Code § 28-7-17 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-17
Section 28-7-17 Regulations of Board; Evidence Thereof
Status: in_force

The board may from time to time make such regulations not inconsistent with this chapter and the purpose and intention thereof as it shall deem necessary for carrying out the provisions of this chapter, and from time to time alter, repeal or amend such regulations, or any of them.

Prima facie evidence of any such regulation may be given in all courts and proceedings by the production of what purports to be an official printed copy of such regulation, alteration, repeal or amendment.
Ala. Code § 28-3-229 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-229
Section 28-3-229 Unauthorized Possession of Unattached Revenue Stamps, Crowns or Lids
Status: in_force

Any person other than a wholesaler, distributor or dealer or other person authorized by the Alabama Alcoholic Beverage Control Board who shall have in his possession any unattached Alabama revenue stamps, crowns or lids used for the purpose of identifying alcoholic beverages sold or distributed pursuant to this chapter shall be guilty of a felony and, upon conviction, may be fined not more than $5,000.00 and shall be imprisoned in the penitentiary for not less than one nor more than five years.
Ala. Code § 28-4-281 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-281
Section 28-4-281 Correction of Defects or Irregularities in Notice, Etc., in Forfeiture and Condemnation Proceedings
Status: in_force

Whenever in any proceedings for forfeiture and condemnation of liquors and beverages and vessels and receptacles it shall appear to the judge or court that there has been any irregularity in the service of any process or notice or any omission to post or serve notices required or any defect in the affidavit or notice or in the service or return of either, the judge or court may permit the same to be amended and may direct such further service of process or of notice as will, in the judgment of the judge or court, be most effectual in securing notice of the proceeding to those who may be entitled thereto and so that the proceeding may not fail for any irregularity or technicality.
Ala. Code § 28-4-3 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-3
Section 28-4-3 Applicability of Laws as to Possession, Transportation or Delivery of Prohibited Liquors to Possession or Receipt of Wine, Pure Alcohol, Etc., for Sacramental Purposes, Domestic Use, Etc., Generally
Status: in_force

The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or other fruit when the grapes or other fruit are grown by the person making the same for his own domestic use upon his own premises in this state and when such person keeps such wine or cordial for his own domestic use on his own premises in any quantity not exceeding five gallons for one family in 12 months, nor shall such laws apply to the receipt or possession of pure or grain alcohol in nonprohibited quantities by persons who are permitted to buy, sell, use or possess the same under existing laws of the state nor to the receipt or possession of wine for sacramental purposes when received and possessed by an authorized person in accordance with the rules and regulations prescribed by law and when not exceeding the quantity so prescribed.
Ala. Code § 28-8A-1 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-1
Section 28-8A-1 Legislative Intent and General Provisions
Status: reserved

(a) The Legislature hereby finds and declares that this chapter is enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of Alabama of 2022, in order to regulate the traffic of alcoholic beverages and to substitute the regulations and oversight established in Act 2021-419 for the application of federal and state antitrust laws that otherwise would apply to any potential anti-competitive effects of this title. For the avoidance of doubt, the intent of the Legislature is to maintain the uniform three-tier system of control over the sale, purchase, taxation, transportation, manufacture, consumption, and possession of alcoholic beverages in the state to promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring the state shall be able to register, audit, inspect, seize, recall and test alcoholic beverages shipped into, distributed, and sold throughout this state; and this expression of the policy and intent of the Legislature is intended to satisfy the clear articulation test for state action immunity as has been established by the United States Supreme Court in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., et al.

(b) If any provision of this chapter, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.
Ala. Code § 28-4-271 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-271
Section 28-4-271 Forfeiture and Condemnation Proceedings Generally - Prosecution of Action
Status: in_force

Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant, he shall appear on the day fixed for the hearing. The district attorney or his deputy shall appear and prosecute said action on behalf of the state.
Ala. Code § 28-4-52 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-52
Section 28-4-52 Penalty for Violations of Section 28-4-50
Status: in_force

Any person, firm or corporation who shall violate any provision of Section 28-4-50 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary, for not less than one year nor more than five years, such punishment to be fixed within these limits by the court.
Ala. Code § 28-3-202 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-202
Section 28-3-202 Additional 10 Percent Tax - Special Mental Health Fund and General Welfare Purposes
Status: reserved

(a) Repealed by Acts 1986, No. 86-212, p. 264, §3.

(b) Levy; collection; disposition of proceeds. In addition to all other taxes of every kind now imposed by law and in addition to any marked-up price authorized or required by law, there is hereby levied and shall be collected a tax at the rate of 10 percent upon the selling price of all spirituous or vinous liquors sold by the board. The tax imposed by this subsection shall be collected by the board from the purchaser at the time the purchase price is paid. One half of the proceeds derived from the tax shall be deposited in the State Treasury to the credit of the Public Welfare Trust Fund and shall be used for general welfare purposes and is hereby appropriated therefor. The remainder of such proceeds from the tax levied by this subsection shall be deposited in the State Treasury to the credit of a special fund which shall be designated the Alabama Special Mental Health Fund and shall be used only for mental health purposes, including the prevention of mental illness, the care and treatment of the mentally ill and the mentally deficient and the acquisition, equipment, operation and maintenance of facilities for mental health purposes.

The markup as currently established by the board on spirituous or vinous liquors shall not be reduced by the board for the purpose of absorbing the tax levied by this subsection, it being the intention of this provision that the said tax shall be passed on to the purchaser.
Ala. Code § 28-4-275 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-275
Section 28-4-275 Forfeiture and Condemnation Proceedings Generally - Apportionment and Taxing of Costs
Status: in_force

If judgment shall be against only one party defendant appearing, he shall be charged to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall be entered against more than one party claiming distinct parts of or interests in said liquors and beverages and vessels and receptacles, then the cost of the proceeding and trial may be equitably apportioned among the defendants for the amount of cost to be adjudged against them according to the discretion of the judge or court. In the event no one appears to contest the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained, the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the state fails, and this rule shall apply as to any separate claim when several parties appear, claim and contest and such separate claim is sustained and there is failure to obtain judgment as to the part of the liquor and beverages and vessels and receptacles so claimed.
Ala. Code § 28-2-23 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-23
Section 28-2-23 Levy and Collection of Tax Upon Sale of Malt Beverages by Counties or Municipalities Permitting Sale Under Article; Disposition of Proceeds from Tax
Status: in_force

Any county or municipality which allows the sale of malt beverages under the provisions of this article shall be authorized to levy and collect a tax upon the sale of such beverages in an amount not to exceed $.05 on each 12 fluid ounces or fraction thereof; provided, that the county shall not have authority to impose such tax within any incorporated municipality within such county.

A minimum of 60 percent of the proceeds of such tax shall be used solely for the purpose of public education, with the remainder to be allocated by the county commission or municipal governing body levying and collecting the tax for any other public use. The county commission shall distribute the proceeds of this tax for public education to school systems within the county on the same basis as the total calculated costs of the Foundation Program for the local boards of education within the county.
Ala. Code § 28-6-4 — Alabama Code / Title 28 / Chapter 6 / Section 28-6-4
Section 28-6-4 Privilege License Tax Imposed; Excise Tax Levied; Exception; Monthly Report and Remittance; Application to Import Fruit, Etc., When Not Available; Deposit of Taxes
Status: reserved

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001.
Ala. Code § 28-4-253 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-253
Section 28-4-253 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Grounds
Status: in_force

The warrant may be issued on any one of the following grounds:

(1) When any person, firm, association of persons or corporation or unknown person or other party keeps a place where prohibited liquors and beverages, or any of them, are manufactured, sold, kept for sale or otherwise disposed of contrary to law or when such liquors and beverages, or any of them, are stored for sale, delivery or distribution contrary to law or for other illegal purposes in any warehouse or other place;

(2) When such prohibited liquors or beverages, or any of them, are in the possession of any person, firm, association of persons or corporation conducting on the premises an unlawful drinking place or maintaining a liquor nuisance thereon by means thereof; or

(3) When any person, firm, association or corporation is carrying on at a place the business of a retail or wholesale dealer in liquors (except bona fide druggists who sell and keep for sale alcohol only under the regulations prescribed by law) or the business of a retail or wholesale dealer in malt liquors and said liquors are kept for sale by such dealer.
Ala. Code § 28-3-74 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-74
Section 28-3-74 Distribution of Net Profits from Proceeds of Stores
Status: reserved

(a) The net profits derived from the proceeds of the Alabama liquor stores in each fiscal year, including all tax levied upon the selling price of all spirituous or vinous liquors, less all cost and expense of collecting said tax, up to and including $2,000,000, shall be paid out and applied as follows:

(1) Fifty percent shall be covered into the General Fund of the Treasury of the state;

(2) Nineteen percent shall be covered into the Treasury of the state to the credit of the State Department of Human Resources to be used, and the same is hereby appropriated exclusively, for old age assistance and for other purposes of the State Department of Human Resources;

(3) Ten percent shall be covered into the Treasury of the state to the credit of the wet counties of the state and shall be divided equally among each of said counties and shall be paid to them and shall be covered by them into their respective general funds;

(4) One percent shall be paid into the Treasury of the state to the credit of the wet counties of the state and shall be divided equally among each of said counties and shall be paid to them to be used by them exclusively for the purposes of public health; and

(5) Twenty percent shall be covered into the Treasury of the state and shall be paid to the incorporated municipalities in which Alabama liquor stores are located on the following basis: Each municipality in which an Alabama liquor store is located shall receive as its percentage or portion of said 20 percent an amount equal to the ratio of the profits earned by such municipality’s Alabama liquor store or stores to the total net profits of all Alabama liquor stores.

(b) If the net profits derived from the proceeds of said Alabama liquor stores in any such fiscal year, including all tax levied upon the selling price of all spirituous or vinous liquors, less all cost and expense of collecting said tax, shall exceed the sum of $2,000,000 such excess, up to and including $200,000, shall be apportioned among and paid to the several incorporated cities and towns in the wet counties, in the state on the basis of the ratio of the population of each such city or town to the total population of all such cities and towns.

Beginning October 1, 2002, any remainder of such excess over said $200,000 shall be apportioned and paid out as follows:

(1) Three and three-fourths percent of such remainder for each fiscal year thereafter shall be apportioned among and paid to the wet counties in the state for general purposes on the basis of the ratio of the population of each such county of the population of all such counties;

(2) Six and one-fourth percent of such remainder for each fiscal year thereafter shall be apportioned among and paid to the aforesaid incorporated cities and towns in the wet counties in the state on the basis of the ratio of the population of each such city or town to the total population of such cities and towns;

(3) One and one-fourth percent of such remainder for each fiscal year thereafter shall be apportioned among and paid to such of said several cities and towns as may have one or more Alabama liquor stores therein upon the basis of the ratio of the population of each such liquor store city or town to the total population of all such liquor store cities and towns. Each and every amount received by any city or town out of said remainder shall be for general purposes;

(4) Three and three-fourths percent of such remainder shall be covered into the Treasury of the state to the credit of the State Department of Human Resources to be used for general welfare purposes; and

(5) Eighty-five percent of such remainder for each fiscal year thereafter shall be paid to the state for general purposes.

Populations shall be ascertained for the purposes of distribution under this subsection according to the last decennial federal census preceding commencement of the fiscal year for which distribution is to be made.

(c) Distribution of net profits (including all taxes levied upon the selling price of spirituous or vinous liquors) under subsections (a) and (b) of this section shall be made from time to time during the fiscal year for which net profits (including all taxes levied upon the selling price of spirituous liquors) are to be ascertained according to reasonable estimates of profits (including all taxes levied upon the selling price of spirituous or vinous liquors) for such year and such amounts to be paid beneficiaries or recovered from beneficiaries at the end of the year as will net beneficiaries the correct amounts for the year prescribed for them by subsections (a) and (b) of this section. Payments to counties and municipalities will be made semiannually on or before February 1 and August 1 of each year.

(d) Repealed by Acts 1982, No. 82-436, §3.

(e) The board shall, on receipt of proof that a county has changed its status from a dry county to a wet county, accept such county as a beneficiary for participation in the ABC system profits as provided by law at the beginning of the next fiscal quarter of the board’s fiscal year. The board shall, on receipt of proof of the incorporation of a newly created municipality in a wet county and the population thereof, accept the municipality as a beneficiary for participation in the ABC system profits as provided by law at the beginning of the next fiscal quarter of the board’s fiscal year.
Ala. Code § 28-4-293 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-293
Section 28-4-293 Property Rights in Prohibited Liquors and Beverages, Vessels, Vehicles, Etc., Kept, Used, Etc., for Purpose of Violating Temperance Laws, Etc.; Seizure, Forfeiture, Disposition, Etc., of Same Generally
Status: in_force

No property rights of any kind shall exist in prohibited liquors and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for the purpose of violating any law for the promotion of temperance or the suppression of the evils of intemperance, nor in any such liquors and beverages when received, possessed or stored in any forbidden place or anywhere forbidden by law. In all such cases the liquors and beverages are forfeited to the State of Alabama and may be searched for and seized and forfeited and disposed of under the rules prescribed by law concerning contraband liquors and beverages or by order of the judge or court, after a conviction, when such liquors and beverages have been seized for use as evidence.
Ala. Code § 28-8A-4 — Alabama Code / Title 28 / Chapter 8A / Section 28-8A-4
Section 28-8A-4 Territorial Agreements
Status: in_force

Each supplier of wine licensed by the board to sell its wine within the State of Alabama shall sell its wine through wholesaler licensees of the board and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with Chapter 8.
Ala. Code § 28-12-40 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-40
Section 28-12-40 Retailer Licenses
Status: in_force

(a) Effective January 1, 2026, consumable hemp products may only be sold in this state by retailers licensed by the board in accordance with this article to adults 21 years of age or older. (b) The board may not issue a license under this article unless the local governing body of the county or municipality in which the licensee’s facility will be located has approved the application for licensure. (c) Every applicant for an original retailer license shall file a written application with the board in such form and containing such information as the board may prescribe, by rule, which shall be accompanied by a nonrefundable initial filing fee of fifty dollars ($50). (d)(1) For purposes of this section, the term “applicant” includes every individual that has any proprietary or financial interest of 10 percent or more in the business seeking a license but shall not include any public corporation whose shares are traded on a recognized stock exchange. (2) Each applicant must be legally present in the United States and shall provide to the board a valid driver license issued in the United States, a valid military identification card, or other valid identification card, as determined by the board. (3) In addition to all other requirements, an applicant shall submit to the board a form, sworn to by the applicant, providing written consent from the applicant for the release of criminal history background information. The form shall also require the applicant’s name, date of birth, and Social Security number for completion of a criminal history background check. (4) An applicant shall provide the board with two complete functional sets of fingerprints, either physical or electronic, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. The fingerprints and form shall be submitted by the board to the State Bureau of Investigation for the purposes of furnishing criminal background checks. The State Bureau of Investigation shall forward a copy of the applicant’s prints to the Federal Bureau of Investigation for a national criminal background check. The applicant shall pay all costs associated with the background checks required by this subsection. (5) The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of a license in this state may be disclosed as may be necessary to support the denial or when subpoenaed by a court. (e) The board shall not issue a license to any applicant that has been convicted of a disqualifying offense within 10 years of the date of the application. (f)(1) Any person applying for an initial license under this chapter shall be required to purchase and maintain a surety bond, payable to the board, for each licensed location, executed by the applicant as principal, and by a corporate surety company qualified to do business in this state as surety, in the amount of twenty-five thousand dollars ($25,000). (2) The board may file a claim against the surety bond of any licensee that fails to timely collect and remit taxes under this chapter or fails to timely pay any outstanding penalty imposed by the board. (g) If the board finds the applicant meets the qualifications of this section and any applicable rules adopted by the board, upon payment to the board of an annual license fee of one thousand dollars ($1,000), the board shall issue a retailer license. (h) Unless revoked or suspended by the board, retailer licenses shall be valid for the license year which shall begin on October 1 of each year. Licenses may be issued at any time during the year, but annual license fees shall not be prorated.

(b) The board may not issue a license under this article unless the local governing body of the county or municipality in which the licensee’s facility will be located has approved the application for licensure.

(c) Every applicant for an original retailer license shall file a written application with the board in such form and containing such information as the board may prescribe, by rule, which shall be accompanied by a nonrefundable initial filing fee of fifty dollars ($50).

(d)(1) For purposes of this section, the term “applicant” includes every individual that has any proprietary or financial interest of 10 percent or more in the business seeking a license but shall not include any public corporation whose shares are traded on a recognized stock exchange.

(2) Each applicant must be legally present in the United States and shall provide to the board a valid driver license issued in the United States, a valid military identification card, or other valid identification card, as determined by the board.

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

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

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

(e) The board shall not issue a license to any applicant that has been convicted of a disqualifying offense within 10 years of the date of the application.

(f)(1) Any person applying for an initial license under this chapter shall be required to purchase and maintain a surety bond, payable to the board, for each licensed location, executed by the applicant as principal, and by a corporate surety company qualified to do business in this state as surety, in the amount of twenty-five thousand dollars ($25,000).

(2) The board may file a claim against the surety bond of any licensee that fails to timely collect and remit taxes under this chapter or fails to timely pay any outstanding penalty imposed by the board.

(g) If the board finds the applicant meets the qualifications of this section and any applicable rules adopted by the board, upon payment to the board of an annual license fee of one thousand dollars ($1,000), the board shall issue a retailer license.

(h) Unless revoked or suspended by the board, retailer licenses shall be valid for the license year which shall begin on October 1 of each year. Licenses may be issued at any time during the year, but annual license fees shall not be prorated.
Ala. Code § 28-4-55 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-55
Section 28-4-55 Allowance, Etc., of Operation, Etc., of Still, Etc., Upon Premises by Another
Status: in_force

It shall be unlawful for any person, firm or corporation to permit or allow anyone to have, possess, operate or locate on his premises any apparatus, plant or structure for the distilling or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, plant or structure is found upon said premises, the fact shall be prima facie evidence that the tenant or owner in actual possession of the premises has knowledge of the existence of the same and of the purpose for which the same were to be used. Upon conviction of permitting or allowing the same to be upon his premises, such tenant or owner shall be punished by a fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months for the first conviction, at the discretion of the court. On the second and every subsequent conviction, in addition to the fine which may be imposed, the convicted party shall be imprisoned at hard labor for not less than three nor more than six months, such punishment to be fixed by the judge or court trying the case.
Ala. Code § 28-4-180 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-180
Section 28-4-180 Persons Authorized to Purchase, Have Shipped, Receive, Possess and Use Wine for Sacramental or Religious Purposes
Status: in_force

The following persons are authorized to purchase, have shipped from outside of the state, receive, accept delivery of, possess and use wines for sacramental or religious purposes: any minister, pastor or officer of a regularly organized religious congregation or church and any other person who, under the ritual of any recognized religious denomination, is authorized or required to use wine for sacramental or religious purposes in the ceremonies or ritual of such religious denominations.
Ala. Code § 28-12-23 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-23
Section 28-12-23 Consumable Hemp Product Contents
Status: in_force

(a)(1) For a beverage or any edible product, one serving size of a consumable hemp product may not contain more than 10 milligrams of total THC.

(2) For any topical, sublingual, or other consumable hemp product not addressed in subdivision (1), one container of a consumable hemp product may not contain more than 40 milligrams of total THC.

(3) All edible consumable hemp products shall be individually wrapped in single serve packaging. One carton may not contain more than 40 milligrams of total THC.

(4) A beverage serving size may not exceed 12 fluid ounces or 355 milliliters. One carton may not contain more than four 12-ounce containers.

(b) A consumable hemp product may not contain alcohol, other than as a flavoring agent, or any other intoxicating compound other than cannabinoids.
Ala. Code § 28-4-164 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-164
Section 28-4-164 Failure to Comply with Requirements as to Issuance of Prescriptions for Alcohol, Unauthorized Use of Alcohol, Etc., by Physicians
Status: in_force

Any physician who issues any prescription containing any false statement or who fails to comply with any requirement of the law in regard to the giving of prescription for alcohol to patients or who uses alcohol except for authorized purposes shall be guilty of a misdemeanor and shall be, by the judgment of the court, disbarred from the practice of his profession in this state upon conviction in addition to the other penalties prescribed.
Ala. Code § 28-3-193 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-193
Section 28-3-193 Penalties on Failure of Wholesaler Licensee to Timely Pay Tax Due; Execution and Levy; Lien
Status: in_force

(a) Every wholesaler licensee collecting tax on beer levied by this article shall timely pay the same as provided in this article. Every such wholesaler licensee failing for a period of 10 days beyond the due date to pay the said tax due pursuant to this article shall be required to pay as part of the taxes imposed under this article a penalty of not less than $50.00, nor more than $250.00, to be assessed and collected by the authority to whom the taxes are to be paid. In addition to such penalty, any wholesaler licensee failing for a period of 10 days beyond the due date to pay all or any part of the tax due pursuant to this article shall not be entitled to deduct and retain the two and one-half percent discount prescribed in Section 28-3-190(b) hereof upon any portion of the tax which is not timely paid.

(b) If any taxes or penalties imposed by this article remain due and unpaid for a period of 10 days, the presiding officer of the affected governing body may issue a warrant or execution directed to any sheriff of the State of Alabama, commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any, and the cost of executing the warrant, and to return such warrant to the governing body of the county or municipality and pay to it the money collected by virtue thereof. Upon receipt of such execution, the sheriff shall file with the clerk of the circuit court of his county a copy thereof and thereupon the clerk of the circuit court shall enter in his abstract of judgments the name of the taxpayer mentioned in the warrant and in proper columns the amount of tax, with penalties, and costs for which the warrant is issued and the date and hour when such copy is filed, and shall index the warrant upon the index of judgments. The sheriff shall thereupon proceed upon the warrant in all respects with like effect and in the same manner prescribed by law in respect to executions issued against the property upon judgments of a court of record and shall be entitled to the same fees for services in executing the warrant to be collected in the same manner. He shall make return of such execution to said governing body within 30 days of issuance thereof. The taxes and penalties imposed by this article shall be deemed a debt owing to the county or municipality by the party against whom the same shall be charged and shall be a preferred lien on all property of the party against whom the same shall be charged.
Ala. Code § 28-4-137 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-137
Section 28-4-137 Applicability of Article to Interstate Transportation of Prohibited Liquors or Beverages
Status: in_force

The provisions of this article in respect to the transportation of prohibited liquors into the state shall not apply to shipments transported by any railroad company or other common carrier of unbroken packages in sealed cars or vehicles in continuous transit through the state from one point outside of the state to another point outside of the state, but this article shall be construed to prohibit any person, firm or corporation from bringing into or transporting through this state any prohibited liquors or beverages except as provided by law.
Ala. Code § 28-1-4 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-4
Section 28-1-4 Delivery of Alcoholic Beverages
Status: reserved

(a) The words and phrases used in this section shall have the meanings ascribed to them in Section 28-3-1.

(b)Except as provided in subsection (c) and (d), it shall be unlawful for any common carrier, operator of trucks, buses, or other conveyances or a manufacturer, supplier, or importer to make delivery of any alcoholic beverage to any person within the state, except to the Alabama Alcoholic Beverage Control Board and to manufacturers, importers, wholesalers, and warehouses licensed by the Alabama Alcoholic Beverage Control Board to receive the alcoholic beverages so delivered.

(c)(1) Notwithstanding subsection (b), a delivery service licensee or an employee or independent contractor of a delivery service licensee, pursuant to Section 28-3A-13.1, may transport and deliver beer, wine, and spirits to an individual in the state who is at least 21 years of age.

(2) Notwithstanding any law, rule, ordinance, or resolution to the contrary, this section and Section 28-3A-13.1 shall exclusively govern the delivery of beer, wine, and spirits throughout the state.

(3) Act 2021-188 has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution and the powers reserved to the state under the Tenth Amendment to the United States Constitution and the inherent powers of the state under the Constitution of Alabama of 2022. It is the intent of the Legislature that Act 2021-188 maintains the current three-tier system of control over the sale, distribution, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state and promotes the health, safety, and welfare of residents of this state. Act 2021-188 shall be liberally construed to ensure that the sale, purchase, transportation, manufacture, consumption, delivery, and possession of alcoholic beverages shall be prohibited except as authorized in Act 2021-188. If any provision of Act 2021-188 or its application to any person or circumstance is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, malt beverages, unfortified wine, and fortified wine, and shall be construed to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the franchise laws imposed by Act 2021-188.

(d)(1) A common or permit carrier may ship and transport shipments of wine to an Alabama resident who is at least 21 years of age at the direction of a direct wine shipper licensee, as provided in Sections 28-3A-6.1 and 28-3A-6.2. A common or permit carrier making a shipment as provided in Sections 28-3A-6.1 or 28-3A-6.2 is not required to maintain in the vehicle or within the possession of the driver of the vehicle a bill of lading, consignment, or any other documentary evidence of the cargo being transported other than information available on the package shipping label.

a. A common or permit carrier that ships and transports wine to a resident of the state shall make shipment as provided in Sections 28-3A-6.1 and 28-3A-6.2, shall confirm that any individual physically receiving a shipment of wine is at least 21 years of age, and shall require the individual’s signature before releasing the shipment to that individual. Any failure by a common or permit carrier, upon receipt of the shipment, to verify the age of the individual receiving the wine may result in the suspension of the common or permit carrier’s license to operate in the state or the imposition of any other penalty the relevant licensing authority in the state is authorized to impose.

b. A common or permit carrier that ships and transports wine to a resident of the state shall make shipment as provided in Sections 28-3A-6.1 and 28-3A-6.2, shall maintain a copy of the signature of the individual who physically received the shipment for at least three years following the date of completion of that shipment, and, upon request, shall provide a copy of that signature to the Tax and Trade Practices Division of the board. Failure by a common or permit carrier to maintain a copy of the signature of the individual receiving the wine pursuant to this section, or failure to provide a copy of that signature to the board or the Department of Revenue upon request, may result in the suspension of the common or permit carrier’s license to operate in the state or the imposition of any other penalty the relevant licensing authority in the state is authorized to impose.

(2) A common or permit carrier that ships and transports wine to a resident of the state shall make shipment as provided in Sections 28-3A-6.1 and 28-3A-6.2 and shall file quarterly reports with the Tax and Trade Practices Division of the board of all wine shipments during the reporting period that report all of the following with regard to each shipment:

a. The name and business address of the person who directed the common or permit carrier to ship wine.

b. The weight of the shipment.

c. The name and address of the consumer to whom the wine was shipped.

d. A unique tracking number.

e. The date of delivery.

(3) Reports made under this subsection shall be considered public records for purposes of Article 3, commencing with Section 36-12-40, of Chapter 12 of Title 36, and shall be made available to law enforcement officers.

(4) A willful failure by a common or permit carrier to comply with the reporting requirements in this section which continues for more than 30 days after receiving notice by the board or Department of Revenue of the failure may result in the suspension of the common or permit carrier’s license to operate in the state or the imposition of any other penalty the relevant licensing authority in the state is authorized to impose.

(5) The Legislature hereby finds and declares that Act 2021-419 is enacted pursuant to the authority granted to the state under the Twenty­-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of Alabama of 2022, in order to regulate the traffic of alcoholic beverages and to substitute the regulations and oversight established in Act 2021-419 for the application of federal and state antitrust laws that otherwise would apply to any potential anti­competitive effects of the title. For the avoidance of doubt, the intent of the Legislature is to maintain the uniform three­-tier system of control over the sale, purchase, taxation, transportation, manufacture, consumption, and possession of alcoholic beverages in the state to promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring the state shall be able to register, audit, inspect, seize, recall and test alcoholic beverages shipped into, distributed, and sold throughout this state; and this expression of the policy and intent of the Legislature is intended to satisfy the clear articulation test for state action immunity as has been established by the United States Supreme Court in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., et al.

(6) If any provision of Act 2021-419, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages, not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.

(e) The board may adopt rules to implement Act 2021-419.
Ala. Code § 28-3-199 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-199
Section 28-3-199 Repeal of Certain Local Taxes and Licenses
Status: in_force

This article supersedes and repeals all local taxes and licenses, county or municipal, authorized, levied or imposed on or measured by the sale or volume of sale of beer, except the authorization, levy or imposition of a tax on general retail sales by the county or municipality in the nature of, or in lieu of, a general sales tax; provided, however, nothing herein shall be construed to relieve any person from any tax liability, penalty or forfeiture incurred thereunder, nor construed to repeal any provision of law respecting the enforcement of any such tax liability, penalty or forfeiture.
Ala. Code § 28-12-1 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-1
Section 28-12-1 Purpose
Status: in_force

(a) The purpose of this chapter is to protect the health and safety of Alabama residents from consumable products, often marketed toward children, that purportedly contain hemp-derived compounds. Many of these products have not been tested nor do they meet quality and safety standards. It is the intent of the Legislature to require all consumable hemp products available for sale in this state to be tested and labeled in accordance with strict standards and to prohibit the sale of these products to individuals under 21 years of age.

(b) Nothing contained in this chapter relates to medical cannabis regulated under Chapter 2A of Title 20.

(c) Nothing in this chapter shall be construed in a manner that affects or impedes any activity relating to hemp which is regulated by the Department of Agriculture and Industries.

(d) Any federal law enacted after July 1, 2025, that conflicts with a provision of this chapter shall supersede the conflicting provision of this chapter.
Ala. Code § 28-3-183 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-183
Section 28-3-183 Definitions
Status: in_force

The words and phrases used in this article shall have the meanings ascribed to them in Section 28-3-1.
Ala. Code § 28-4-273 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-273
Section 28-4-273 Forfeiture and Condemnation Proceedings Generally - Conduct of Hearing or Trial Generally; Entry of Judgment of Forfeiture and Delivery of Liquors and Beverages to Alcoholic Beverage Control Board Generally; Destruction of Nonfederal Tax-Paid Liquors and Beverages; Disposition of Funds Paid into Court by Alcoholic Beverage Control Board
Status: in_force

If no party appears to make a claim at the time specified in the notice or if no verified answer controverting the allegations of the complaint and the grounds for issuance of the search warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If it is established upon the hearing before said judge or upon the trial of the action, if issue be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful sale or other disposition or for furnishing or distribution within this state or if it appears that the complainant has established a ground for the issuance of such search warrant, judgment of forfeiture of said liquors and beverages and vessels and receptacles shall be entered, which judgment shall order the immediate delivery of said liquors and beverages and vessels and receptacles to the Alcoholic Beverage Control Board at Montgomery, Alabama, whereupon said board shall determine the reasonable value thereof. The amounts so determined by said board to the reasonable value thereof shall be paid by the board to the clerk of the court in which such order or forfeiture was made. In the case of nonfederal tax-paid liquors and beverages, the court shall order the same to be publicly destroyed. Any funds paid into court, as provided in this section, shall be applied first to the payment of the court costs in such case, and the balance, if any, shall be paid into the general fund of the municipality or county in which said case arose.
Ala. Code § 28-4B-1 — Alabama Code / Title 28 / Chapter 4B / Section 28-4B-1
Section 28-4B-1 Home Brewing of Beer, Mead, Cider, and Table Wine for Personal Use
Status: in_force

(a) Notwithstanding any provisions to the contrary, a person who has not been convicted of a felony in Alabama or any other state or federal jurisdiction, and who is not prohibited by Section 28-1-5, from purchasing, consuming, possessing, or transporting alcoholic beverages due to age may produce at his or her legal residence beer, mead, cider, and table wine, as those terms are defined in Section 28-3-1, for personal use, in the amounts specified in this chapter, without payment of taxes or fees and without obtaining a license. The aggregate amount of the beer, mead, cider, and table wine permitted to be produced under this chapter, with respect to any legal residence, shall not exceed 15 gallons for each quarter of a calendar year. Further, there shall not be in any legal residence at any one time more than an aggregate amount of 15 gallons of beer, mead, cider, and table wine which has been produced under the authority of this chapter.

(b) Beer, mead, cider, or table wine produced under this chapter may not be sold or offered for sale.

(c) Beer, mead, cider, or table wine produced under this chapter may not be removed from the legal residence where it was produced, except in quantities no larger than 10 gallons, aggregate, for any one event, and to be transported for personal use at organized events of homebrew competitions and judgings licensed by the Alcoholic Beverage Control Board as a special events retail license under Section 28-3A-20, provided that the license will not allow the purchase or sale of any alcoholic beverages when that license is used for this purpose. Organized events involving beer, mead, cider, or table wine produced for personal use may not be held on the premises of entities otherwise licensed under this title.

(d) Nothing in this chapter permits the production of distilled liquors, for personal use or otherwise, or the use of distilled liquors or products in the production of beer, mead, cider, or table wine provided in this section.

(e) It shall be unlawful for any person less than 21 years of age to attempt to purchase, consume, possess, or transport beer, mead, cider, or table wine produced for personal use.

(f) It shall be unlawful for any person less than 21 years of age to attempt to purchase, possess, or transport any apparatus or equipment used to produce beer, mead, cider, or table wine. It shall be unlawful for any person, partnership, corporation, or other legal entity to sell, furnish, give away, or provide to any person less than 21 years of age any apparatus or equipment used to produce beer, mead, cider, or table wine.

(g) Nothing in this section permits the production of beer, mead, cider, or table wine in a dry municipality, as defined in Chapter 3. Further, with the exception of wet municipalities, as defined in Chapter 3, nothing in this section permits the production of beer, mead, cider, or table wine in a dry county as defined in Chapter 3.

(h) The definitions contained in Section 28-3-1 shall apply to this chapter.

(i) Any violation of this section shall be a Class B misdemeanor.
Ala. Code § 28-4-154 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-154
Section 28-4-154 Sale of Pure Alcohol for Medicinal Purposes to Be Made Only Upon Prescription of Physician; Physician to Conduct Examination Prior to Issuing Prescription
Status: in_force

No sale of pure alcohol for medicinal purposes shall be made by any person authorized by the law under proper circumstances to make sale of such liquor for medicinal purposes except upon the prescription of a regularly authorized practicing physician of this state, who, before writing such prescription, shall make an actual examination of the person for whom the prescription is issued.
Ala. Code § 28-3-282 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-282
Section 28-3-282 Use of Tax Proceeds
Status: in_force

The tax proceeds distributed to counties under the provisions of this article shall be used by those counties exclusively for law enforcement purposes unless otherwise provided by local act.
Ala. Code § 28-4-92 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-92
Section 28-4-92 Keeping of Prohibited Liquors or Beverages in Building Not Used Exclusively for Dwelling Deemed Prima Facie Evidence of Possession for Sale
Status: in_force

The keeping of liquors or beverages that are prohibited by the law of the state to be manufactured, sold or otherwise disposed of in any building not used exclusively for a dwelling shall be prima facie evidence that they are kept for sale or with intent to sell the same contrary to law.
Ala. Code § 28-5-6 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-6
Section 28-5-6 Transportation of Industrial Alcohol Manufactured and Sold by Permittees Generally
Status: in_force

Industrial alcohol manufactured and sold by a permittee, as provided by this chapter, may be transported and delivered to any person authorized by law to purchase the same for nonbeverage purposes upon compliance with the provisions of Chapter 4 of this title. Whenever the consignee is without the state, the affidavit required by Section 28-4-117 shall not be required.
Ala. Code § 28-12-41 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-41
Section 28-12-41 License Renewal
Status: in_force

(a) A retailer license shall be renewed annually upon the filing of an application and payment of the applicable license fee. A licensee must file a renewal application, as prescribed by the board, by rule, by August 1 annually.

(b) A license may be renewed without penalty during the following fiscal year between October 1 and October 20 and may continue to be renewed after October 20 of that license year by paying, in addition to the appropriate state and county licensing and filing fees, a penalty of 50 percent of the annual license fee. If a license is not renewed before midnight September 30 of the succeeding license year, the license shall terminate with no privilege of renewal. Thereafter, a new application must be made and a new license issued before continuation of the business.

(c) A retailer may not purchase, receive, store, ship, sell, or give away any consumable hemp product or enjoy any of the rights and privileges of the license after the expiration of a license.

(d) Unless the licensee is notified by the board of objections to the renewal of the license, the board shall renew the license of any licensee who has submitted the renewal application and license fee.
Ala. Code § 28-3-184 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-184
Section 28-3-184 Tax Levied; Collection; Disposition of Funds
Status: in_force

(a) Levy. In addition to the licenses provided for by Chapter 3A of this title, there is hereby levied a privilege or excise tax on every person licensed under the provisions of said Chapter 3A who sells, stores or receives for the purpose of distribution, to any person, firm, corporation, club or association within the State of Alabama any malt or brewed beverages. The tax levied hereby shall be measured by and graduated in accordance with the volume of sales by such person of malt or brewed beverages, and shall be an amount equal to $.05 for each 12 fluid ounces or fractional part thereof.

(b) Collection. The tax levied by subsection (a) of this section shall be collected by the Alabama Alcoholic Beverage Control Board and said tax shall be added to the sales price of all malt or brewed beverages sold, and shall be collected from the purchasers. It shall be unlawful for any person, firm, corporation, club or association who is required to pay the tax in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that the tax levied is in fact a tax on the consumer, with the person, firm, corporation, club or association who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax.

Except as hereinafter provided, the tax levied by subsection (a) of this section shall be collected by a return which shall be filed by the wholesaler or distributor with the Alcoholic Beverage Control Board postmarked not later than the last day of the month following the month of receipt of the malt or brewed beverages by the wholesaler or distributor from the manufacturer, which return shall be accompanied by the remittance of the tax due. Provided, however, for malt or brewed beverages received during the month of October, 1979, the return and remittance of tax shall be filed with the board postmarked not later than November 10, 1979, and for malt or brewed beverages received during the month of November, 1979, the return and remittance of tax shall be filed with the board postmarked not later than December 20, 1979.

The board shall have the authority to examine the books and records of any person, firm, corporation, club or association who sells, stores or receives for the purpose of distribution, any malt or brewed beverages, to determine the accuracy of any return required to be filed with the board.

(c) Disposition of proceeds. The proceeds of the tax levied by subsection (a) of this section shall be paid into the State Treasury to be distributed as follows:

(1) One-half cent of said proceeds shall be paid into the State Treasury to the credit of the wet counties in the state and shall be divided and distributed equally on or before the fifteenth day of each month to said counties;

(2) One cent of said proceeds shall be paid into the State Treasury to the credit of the state Public Welfare Trust Fund and shall be used for general welfare purposes. As used in this section, the phrase “general welfare purposes” means:

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

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

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

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

(3) Two cents of said proceeds shall be paid into the State Treasury to the credit of the Education Trust Fund, and so much thereof as may be necessary for the purpose is hereby appropriated to pay the principal of and interest on bonds not exceeding $30,000,000.00 in aggregate principal amount, issued and sold by the public corporation known as the Alabama Trade School and Junior College Authority.

(4) The residue of one and one-half cents shall be paid into the State Treasury credited to the General Fund of the state.
Ala. Code § 28-4-114 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-114
Section 28-4-114 Transportation and Delivery of Prohibited Liquors and Beverages C.o.d
Status: in_force

If any prohibited liquors and beverages are delivered to a carrier to be by the carrier transported and delivered C.O.D. to any person at a point in this state, meaning thereby to collect on delivery by the carrier for the consignor the amount of the purchase money for such liquors, then and in every case the carrier shall be deemed and held the agent of the consignor, and all such prohibited liquors and beverages shall remain the property of the consignor until actually delivered and the money paid to the carrier therefor; and the servant or agent of the carrier who knowingly delivers any such liquors or receives pay therefor within the state shall be guilty of a misdemeanor.
Ala. Code § 28-4-132 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-132
Section 28-4-132 Inspection of Record by Enforcement Officers, Etc.; Acquisition and Admissibility in Evidence of Record
Status: in_force

The record required by Section 28-4-131 to be kept by common carriers or persons, firms or corporations making delivery of said liquors or any of them in this state from any point or place mentioned in Section 28-4-120 shall also be open to the inspection of any enforcement officer and of the duly authorized person seeking information for the prosecution of persons charged with or suspected of crime, and when application is made by any of the said officers or persons for permission to examine and take copies of such record, they shall be allowed to do so during the office or business hours of the persons or corporations keeping said record, and in such reasonable manner as not to interfere with the business of the corporation or person keeping said record.

The said record may be secured to be produced in court by any lawful process issued by any court of the state, to be used as evidence, and said record shall be competent evidence upon the trial of any action whatsoever in any court, in which the record may be material or relevant to the issues involved.
Ala. Code § 28-7-18 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-18
Section 28-7-18 Sales by Manufacturers; Levy of Tax
Status: in_force

(a) No manufacturer shall sell any table wine direct to any retailer or for consumption on the premises where sold, nor sell or deliver any such table wine in other than original containers, nor shall any manufacturer maintain or operate within this state any place or places, other than the place or places covered by his or its license where table wine is sold or where orders therefor are taken. Provided, further, that table wine that is manufactured in Alabama may be sold directly at retail by the licensed manufacturer, for on-premise or off-premise consumption, only on the manufacturer’s premises and at one additional permitted off-site tasting room used to conduct tastings or samplings and to sell at retail the manufacturer’s table wine as provided in subdivision (4) of subsection (h) of Section 28-3A-6.

(b)(1) There is hereby levied and assessed, upon wine manufactured in Alabama and sold by the manufacturer directly at retail on the premises where it is manufactured, as provided in subsection (a), or dispensed, as free samples of not more than six ounces, in the tasting room or wine cellar on the manufacturer’s premises, an excise tax, measured by and graduated in accordance with the volume of such wine sold or dispensed, in an amount equal to forty-five cents ($.45) per liter.

(2) The tax hereby levied on retail sales on a manufacturer’s premises shall be added to the sales price of all table wine sold at retail by the manufacturer, as provided in subsection (a), and shall be collected from the consumers making the purchases.

(c) The tax levied by subsection (b) shall be collected by a return and remitted, monthly, as follows:

(1) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the board, on a form and in the manner prescribed by the board, a return showing taxes due at thirty-eight cents ($.38) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the board along with the return.

(2) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the municipality within which the table wine was dispensed or sold at retail within its corporate limits, or, where dispensed or sold at retail outside of the corporate limits of any municipality, with the county within which the table wine was dispensed or sold at retail, a return showing taxes at seven cents ($.07) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the county or municipality along with the return.

(3) All taxes imposed, levied, and collected under this section shall be deposited and credited in the same manner as are other table wine taxes.

(d) Manufacturers who manufacture table wine within Alabama shall provide to the board monthly reports, in the form, time, and manner prescribed by the board, reporting gallonage sold and gallonage exported for sale outside the state during the previous month.

(e) The tax herein levied is exclusive and shall be in lieu of all other and additional taxes of the state, county, and municipality imposed on or measured by the sale or volume of sale of table wine; provided that nothing herein contained shall be construed to exempt the retail sale of table wine from the levy of tax on general retail sales by the state, county, or municipality in the nature of, or in lieu of, a general sales tax.
Ala. Code § 28-3-192 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-192
Section 28-3-192 Unlawful Acts and Offenses; Penalties
Status: in_force

(a) It shall be unlawful:

(1) For any licensee to sell, give away or otherwise dispose of beer taxable under this article within this state on which the taxes required by this article have not been paid within 10 days after the date upon which they were due.

(2) For any wholesale beer licensee to fail to keep for a period of at least three years, complete and truthful records covering the operation of his license and particularly showing all purchases and sales of beer and the name and address of the vendor or vendee, or to refuse the governing authority of any county or municipality in which beer sales are made or any authorized employee or agent of the county or municipality, access to such records or the opportunity to make inspection, examination, audit or copies of the same when the request is made at any time during which the licensed premises are open for the transaction of business.

(3) For any wholesale beer licensee to refuse the governing authority of any county or municipality in which he sells beer, or any authorized employee or agent thereof or any duly commissioned law enforcement officer thereof the right to completely inspect the entire licensed premises at any time during which such premises are open for the transaction of business.

(4) For any person to knowingly or willfully make, exhibit or file a falsified return or any information upon which said return is based for the purpose of defrauding any county or municipality by evading the payment of the tax levied by this article.

(b) Any violation of subsection (a) of this section shall be a misdemeanor punishable by a fine of not less than $100.00 nor more than $1,000.00, to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than three months for the first conviction; and, on the second conviction of a violation of said subsection, the offense may, in addition to a fine within the limits above named, be punishable by imprisonment or at hard labor for the county for not less than three months nor more than six months to be imposed by the court or judge trying the case; and, on the third and every subsequent conviction of a violation of said subsection, the offense may, in addition to a fine within the limits above named, be punishable by imprisonment or at hard labor for the county for not less than six months nor more than 12 months.
Ala. Code § 28-4-287 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-287
Section 28-4-287 Execution of Bond by Defendant or Claimant for Recovery of Seized Vehicle, Etc., Pending Condemnation Action; Proceedings Upon Failure of Defendant or Claimant to Deliver Said Vehicle, Etc., Upon Entry of Judgment of Condemnation
Status: in_force

Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state, the defendant in the proceedings or the claimant of the property shall have the right to execute a bond in double the value of such property or of any item thereof, with good and sufficient surety, to be approved by the sheriff or the register or clerk of the circuit court and conditioned, in the event the said property is condemned, to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation and to pay any difference between the value of said property at the time of the seizure and the time of the delivery to the sheriff after condemnation, such difference in value to be determined by the trial court upon motion of any party to said action. Upon the execution of such bond, the sheriff shall deliver said property to the defendant or claimant executing the same.

Upon the failure of the defendant or claimant to deliver the property condemned within 15 days after judgment of condemnation, the bond shall be returned forfeited to the register or clerk of the circuit court and execution may issue thereon against the principal and his sureties for the amount of the value of such property; or, in case of the return of the property to the sheriff and the failure to pay the difference in value as above set forth, execution may issue against the principal and his sureties for such difference in value.
Ala. Code § 28-4-4 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-4
Section 28-4-4 Applicability of Chapter
Status: in_force

Pursuant to the provisions of Sections 28-2-1 and 28-3-18, this chapter shall be applicable in all “dry counties” as the same are defined in Section 28-2-1 and shall apply to the manufacture or possession of illicit distilled liquors or apparatus for the manufacture of the same, as specified in Section 28-3-18, in this state.
Ala. Code § 28-4-311 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-311
Section 28-4-311 Appointment of Inspectors, Etc., to Detect and Report Violations of Prohibition Laws; Offer and Payment of Rewards for Convictions of Persons Violating Laws
Status: in_force

The Governor may appoint and employ, subject to the provisions of the Merit System, such inspectors or secret service men or such other persons as he may deem necessary for the purpose of detecting and reporting upon violations of the prohibition laws, or any of them, and contract with them for reasonable compensation to be paid by the state for their services. He may also offer a reward to all sheriffs, constables or other persons, in his discretion, who will bring about the conviction of any person for the violation of said laws and particularly for the violation of the laws against the manufacture of prohibited liquors, and may state the amount that will be paid out of the State Treasury to any officer or person who may secure the conviction of anyone guilty of the offense of illicit distilling or other violation of said laws. In the event such reward or rewards are earned, the same shall be paid by warrant drawn by the Comptroller upon the State Treasury or the law-enforcement fund therein provided by this chapter, as the Governor decides, upon a bill presented against the state for the reward, stating the facts and circumstances which the claimant puts forward as entitling him to the reward, when the said bill is certified and approved as being correct by the Attorney General of the state and is also approved by the Governor.
Ala. Code § 28-4-312 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-312
Section 28-4-312 Governor May Require Attorney General to Prepare Instructions for Officers of State, Etc., for Enforcement of Laws; Publication and Distribution of Same
Status: in_force

The Governor, in his discretion, may require the Attorney General to prepare instructions to the officers of the state, counties or municipalities to aid them in enforcing the prohibition laws, to be published and distributed at the expense of the state, as directed by the Governor.
Ala. Code § 28-4-299 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-299
Section 28-4-299 Forfeiture, Sale and Distribution of Proceeds of Sale of Contraband Generally
Status: in_force

In cases of all contraband property, as provided in this article, there shall be a remedy by complaint filed in the name of the state by the officer or other person, in accordance with any provisions of the prohibition laws of the state, to secure a judgment of forfeiture, sale and distribution of the proceeds in accordance with the provisions of this article.

If the arrest and seizure of such property is made by an officer or employee of any municipality of this state, such municipality shall receive one half of the remainder of the proceeds derived from the sale of such property, after the costs and expenses (including payment to officers and informers provided for in this article) are paid. The said portion of the moneys derived from such proceeds shall be paid into the treasury of such municipality and used and applied as a law-enforcement fund, under the supervision and control of the governing body of such municipality, and the remaining half shall be paid to the law-enforcement fund in the State Treasury.
Ala. Code § 28-11-17.1 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-17.1
Section 28-11-17.1 Certification Requirements for E-liquid Manufacturers and Manufacturers of Alternative Nicotine Products; Directory; Violations; Penalties
Status: in_force

(a)(1) Beginning October 1, 2025, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, whichever is later, every e-liquid manufacturer and manufacturer of alternative nicotine products whose products are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the commissioner, a certification to the commissioner certifying, under penalty of perjury: (i) whether the product contains any synthetic nicotine or nicotine derived from a source other than tobacco; (ii) where the product was manufactured; and (iii) that any of the following apply:

a. The product: (i) was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order pursuant to 21 U.S.C. § 387j for the e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, whichever is applicable, by submitting a premarket tobacco product application on or before September 9, 2020, to the FDA; or (ii) is an alternative nicotine product that was on the market in the United States as of April 14, 2022, and the manufacturer applied for a marketing order pursuant to 21 U.S.C. § 387j on or before May 14, 2022; and either of the following is true:

1. The premarket tobacco product application for the product remains under review by the FDA.

2. The FDA has issued a no marketing order for the e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, whichever is applicable, from the FDA; however, the agency or a federal court has issued a stay order or injunction during the pendency of the manufacturer’s appeal of the no marketing order.

b. The manufacturer has received a marketing order or other authorization under 21 U.S.C. § 387j for the e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, whichever is applicable, from the FDA.

c. For electronic nicotine delivery systems and e-liquid products containing nicotine derived from tobacco or any other source, the product was commercially marketed in the United States as of April 14, 2022, and the manufacturer applied for a marketing order pursuant to 21 U.S.C. § 387j on or before May 14, 2022.

(2) In addition to the requirements in subdivision (1), each manufacturer shall provide:

a. A copy of the cover page of the premarket tobacco application with evidence of receipt of the application by the FDA or a copy of the cover page of the marketing order or other authorization issued pursuant to 21 U.S.C. § 387j, whichever is applicable;

b. Information that clearly identifies each product, submission tracking number (STN), product name, product subcategory, characterizing flavor, and product SKU number.

(3) Notwithstanding subsection (h), if an alternative nicotine product manufacturer can demonstrate to the commissioner that an alternative nicotine product was on the U.S. market as of April 14, 2022, and the manufacturer applied for a premarket tobacco product application (PMTA) prior to May 14, 2022, pursuant to federal law, and the PMTA remains under review by the FDA, the alternative nicotine product shall be added to the directory upon request by the manufacturer if the manufacturer provides the Alabama Department of Revenue with the alternative nicotine product’s FDA submission tracking number (STN), as received by the manufacturer after proper PMTA filing.

(4) To the extent that 21 U.S.C. § 387j is amended or subsequent regulations or other official federal guidance is issued that changes compliance requirements or standards for an e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product to become federally compliant, each manufacturer of an e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, as applicable, that is sold for retail sale in Alabama shall submit documentation to the commissioner substantiating compliance with the new federal requirements or standards within 30 days of when compliance with the requirement or standard is mandated. Failure to substantiate compliance with new federal requirements or standards shall be grounds for removal of the manufacturer and its e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product, as applicable, from the directory established pursuant to subsection (d). (b) Any manufacturer submitting a certification pursuant to subsection (a) shall notify the commissioner within 30 days of any material change to the certification, including issuance by the FDA of any of the following: (1) A market order or other authorization pursuant to 21 U.S.C. § 387j. (2) An order requiring a manufacturer to remove a product from the market either temporarily or permanently. (3) Any notice of action taken by the FDA affecting the ability of the new product to be introduced or delivered into interstate commerce for commercial distribution. (4) Any change in policy that results in a product no longer being exempt from federal enforcement oversight. (c) The commissioner shall develop and maintain a directory listing all e-liquid manufacturers and manufacturers of alternative nicotine products that have provided certifications that comply with subsection (a) and all products that are listed in those certifications. (d) The commissioner shall do all of the following: (1) Make the directory available for public inspection on its website by May 1, 2022. (2) Update the directory as necessary in order to correct mistakes and to add or remove e-liquid manufacturers, manufacturers of alternative nicotine products, or products manufactured by those manufacturers consistent with the requirements of subsections (a) and (b) on a monthly basis. (3) Remove from the directory any product that the board determines is a prohibited item pursuant to this section or Section 28-11-16(d). (4) Send monthly notifications to each wholesaler, jobber, semijobber, retailer, importer, or distributor of tobacco products that have qualified or registered with the Department of Revenue, by electronic communication, containing a list of all changes that have been made to the directory in the previous month. In lieu of sending monthly notifications, the commissioner may make the information available in a prominent place on the Department of Revenue’s public website. (e) Information required to be listed in the directory shall not be subject to the confidentiality and disclosure provisions in Section 40-2A-10. (f) Notwithstanding subsection (a), if an e-liquid manufacturer or manufacturer of alternative nicotine products can demonstrate to the commissioner that the FDA has issued a rule, guidance, or any other formal statement that temporarily exempts a product from the federal premarket tobacco product application requirements, the product may be added to the directory upon request by the manufacturer if the manufacturer provides sufficient evidence that the product is compliant with the federal rule, guidance, or other formal statement, as applicable. (g) Each certifying e-liquid manufacturer and manufacturer of alternative nicotine products shall pay an initial fee of two thousand dollars ($2,000) to offset the costs incurred by the department for processing the certifications and operating the directory. The commissioner shall collect an annual renewal fee of five hundred dollars ($500) to offset the costs associated with maintaining the directory and satisfying the requirements of this section. The fees received under this section by the department shall be used by the department exclusively for processing the certifications and operating and maintaining the directory. After the payment of these expenses, one-half of the remaining funds shall be deposited into the State General Fund, and the remaining one-half shall be distributed evenly to the Alabama State Law Enforcement Agency and to the Licensing and Compliance Division of the board to be used for the enforcement of this chapter. (h) Beginning on September 1, 2021, no e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product that, in the case of any such product, contains synthetic nicotine or nicotine derived from a source other than tobacco may be sold or otherwise distributed in this state without either first: (i) certifying that a premarket tobacco product application was successfully submitted to the FDA and accepted for filing by May 14, 2022, in accordance with the applicable requirements under Section 201(rr) of the Federal Food, Drug, and Cosmetic Act; or (ii) obtaining approval from the FDA for sale as a drug under Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act, as a device under Section 201(h) of the Federal Food, Drug, and Cosmetic Act, as a combination product described in Section 503(g) of the Federal Food, Drug, and Cosmetic Act, or for some other medical purpose. (i)(1) An e-liquid manufacturer or manufacturer of alternative nicotine products or electronic nicotine delivery systems who sells, furnishes, or gives away a product not listed on the directory is subject to a one thousand dollar ($1,000) daily fine for each product offered for sale in violation of this section until the offending product is removed from the market or until the offending product is properly listed on the directory. For purposes of this subdivision, “sale” includes a delivery sale of e-liquids or electronic nicotine delivery systems or alternative nicotine products, as defined under this chapter. (2) Any other violation of this section shall result in a fine of five hundred dollars ($500) per offense. (j)(1) When any retail permit holder offers for sale a product not listed on the directory, the board shall assess the following administrative penalties: a. For a first offense within a four-year period, an administrative penalty of one thousand dollars ($1,000). b. For a second offense within a four-year period, an administrative penalty of two thousand five hundred dollars ($2,500). c. For a third or subsequent offense within a four-year period, an administrative penalty of five thousand dollars ($5,000). In addition, the board shall revoke the permit of the permit holder and no permit may be issued at the location for a minimum of one year after the date of revocation. (2) All products offered for sale and not listed on the directory shall be considered a prohibited item and declared to be contraband and may be seized and forfeited as provided in Section 28-11-14 by agents of the board or any law enforcement officer. (k) Any fine collected for a violation of this section shall be deposited into the Vaping Licensing and Enforcement Fund under Section 28-11-10. (l) Nothing in this section shall apply to any manufacturer of alternative nicotine products that were commercially marketed in the United States before February 15, 2007. (m) The Alcoholic Beverage Control Board and the Commissioner of Revenue shall adopt rules for the implementation and enforcement of this section.

(b) Any manufacturer submitting a certification pursuant to subsection (a) shall notify the commissioner within 30 days of any material change to the certification, including issuance by the FDA of any of the following:

(1) A market order or other authorization pursuant to 21 U.S.C. § 387j.

(2) An order requiring a manufacturer to remove a product from the market either temporarily or permanently.

(3) Any notice of action taken by the FDA affecting the ability of the new product to be introduced or delivered into interstate commerce for commercial distribution.

(4) Any change in policy that results in a product no longer being exempt from federal enforcement oversight.

(c) The commissioner shall develop and maintain a directory listing all e-liquid manufacturers and manufacturers of alternative nicotine products that have provided certifications that comply with subsection (a) and all products that are listed in those certifications.

(d) The commissioner shall do all of the following:

(1) Make the directory available for public inspection on its website by May 1, 2022.

(2) Update the directory as necessary in order to correct mistakes and to add or remove e-liquid manufacturers, manufacturers of alternative nicotine products, or products manufactured by those manufacturers consistent with the requirements of subsections (a) and (b) on a monthly basis.

(3) Remove from the directory any product that the board determines is a prohibited item pursuant to this section or Section 28-11-16(d).

(4) Send monthly notifications to each wholesaler, jobber, semijobber, retailer, importer, or distributor of tobacco products that have qualified or registered with the Department of Revenue, by electronic communication, containing a list of all changes that have been made to the directory in the previous month. In lieu of sending monthly notifications, the commissioner may make the information available in a prominent place on the Department of Revenue’s public website.

(e) Information required to be listed in the directory shall not be subject to the confidentiality and disclosure provisions in Section 40-2A-10.

(f) Notwithstanding subsection (a), if an e-liquid manufacturer or manufacturer of alternative nicotine products can demonstrate to the commissioner that the FDA has issued a rule, guidance, or any other formal statement that temporarily exempts a product from the federal premarket tobacco product application requirements, the product may be added to the directory upon request by the manufacturer if the manufacturer provides sufficient evidence that the product is compliant with the federal rule, guidance, or other formal statement, as applicable.

(g) Each certifying e-liquid manufacturer and manufacturer of alternative nicotine products shall pay an initial fee of two thousand dollars ($2,000) to offset the costs incurred by the department for processing the certifications and operating the directory. The commissioner shall collect an annual renewal fee of five hundred dollars ($500) to offset the costs associated with maintaining the directory and satisfying the requirements of this section. The fees received under this section by the department shall be used by the department exclusively for processing the certifications and operating and maintaining the directory. After the payment of these expenses, one-half of the remaining funds shall be deposited into the State General Fund, and the remaining one-half shall be distributed evenly to the Alabama State Law Enforcement Agency and to the Licensing and Compliance Division of the board to be used for the enforcement of this chapter.

(h) Beginning on September 1, 2021, no e-liquid, e-liquid in combination with an electronic nicotine delivery system, or alternative nicotine product that, in the case of any such product, contains synthetic nicotine or nicotine derived from a source other than tobacco may be sold or otherwise distributed in this state without either first: (i) certifying that a premarket tobacco product application was successfully submitted to the FDA and accepted for filing by May 14, 2022, in accordance with the applicable requirements under Section 201(rr) of the Federal Food, Drug, and Cosmetic Act; or (ii) obtaining approval from the FDA for sale as a drug under Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act, as a device under Section 201(h) of the Federal Food, Drug, and Cosmetic Act, as a combination product described in Section 503(g) of the Federal Food, Drug, and Cosmetic Act, or for some other medical purpose.

(i)(1) An e-liquid manufacturer or manufacturer of alternative nicotine products or electronic nicotine delivery systems who sells, furnishes, or gives away a product not listed on the directory is subject to a one thousand dollar ($1,000) daily fine for each product offered for sale in violation of this section until the offending product is removed from the market or until the offending product is properly listed on the directory. For purposes of this subdivision, “sale” includes a delivery sale of e-liquids or electronic nicotine delivery systems or alternative nicotine products, as defined under this chapter.

(2) Any other violation of this section shall result in a fine of five hundred dollars ($500) per offense.

(j)(1) When any retail permit holder offers for sale a product not listed on the directory, the board shall assess the following administrative penalties:

a. For a first offense within a four-year period, an administrative penalty of one thousand dollars ($1,000).

b. For a second offense within a four-year period, an administrative penalty of two thousand five hundred dollars ($2,500).

c. For a third or subsequent offense within a four-year period, an administrative penalty of five thousand dollars ($5,000). In addition, the board shall revoke the permit of the permit holder and no permit may be issued at the location for a minimum of one year after the date of revocation.

(2) All products offered for sale and not listed on the directory shall be considered a prohibited item and declared to be contraband and may be seized and forfeited as provided in Section 28-11-14 by agents of the board or any law enforcement officer.

(k) Any fine collected for a violation of this section shall be deposited into the Vaping Licensing and Enforcement Fund under Section 28-11-10.

(l) Nothing in this section shall apply to any manufacturer of alternative nicotine products that were commercially marketed in the United States before February 15, 2007.

(m) The Alcoholic Beverage Control Board and the Commissioner of Revenue shall adopt rules for the implementation and enforcement of this section.
Ala. Code § 28-4-265 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-265
Section 28-4-265 Liquors and Beverages, Etc., Seized Not to Be Recovered by Writ of Replevin or Detinue During Pendency of Proceedings Under Article; Final Judgment of Condemnation to Bar Actions to Recover Liquors and Beverages, Etc., Seized, Etc
Status: in_force

Liquors and beverages seized and vessels and receptacles containing them shall not be taken from the custody of the officer by writ of replevin or detinue or other process while the proceedings under this article are pending.

A final judgment of condemnation in all proceedings under this article shall be a bar to all actions for the recovery of any liquors and beverages or vessels and receptacles seized or for the value of the same and for damages alleged to arise by reason of the seizure and detention thereof.
Ala. Code § 28-1-8 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-8
Section 28-1-8 Powdered Alcohol
Status: in_force

(a) For purposes of this section, “powdered alcohol” is alcohol sold in a powder or crystalline form, for either direct use or reconstituted with any liquid or food.

(b) It shall be unlawful for any person or business establishment to possess, purchase, sell, offer to sell, or use powdered alcohol.

(c) This section shall not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution, a pharmaceutical company, or a biotechnology company conducting bona fide research.

(d) A person or business establishment who unlawfully possesses, purchases, or uses a powdered alcohol product shall be fined as provided in a Class A misdemeanor for the first offense.

(e) A person or business establishment who unlawfully sells or offers to sell a powdered alcohol product shall be guilty of a Class A misdemeanor, and on a second or subsequent conviction, shall be guilty of a Class D felony.
Ala. Code § 28-3-2 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-2
Section 28-3-2 Purpose and Construction of Chapter Generally
Status: in_force

(a) This chapter shall be deemed an exercise of the police power of the State of Alabama for the protection of the public welfare, health, peace and morals of the people of the state and to prohibit forever the open saloon, and all of the provisions of this chapter shall be liberally construed for the accomplishment of this purpose.

(b) Except as otherwise expressly provided in this chapter, the purpose of this chapter is to prohibit transactions in liquor and alcohol and malt or brewed beverages which take place wholly within the state, except by and under the control of the board as specifically provided in this chapter, and every section and provision of this chapter shall be construed accordingly. The provisions of this chapter, through the instrumentality of the board and otherwise, provide the means by which such control shall be made effective. This chapter shall not be construed as forbidding, affecting or regulating any transaction which is not subject to the legislative authority of this state.
Ala. Code § 28-3A-17.2 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-17.2
Section 28-3A-17.2 License for Food or Beverage Truck to Sell Alcoholic Beverages
Status: in_force

(a) As used in this section, “food or beverage truck” means a fully encased food or beverage service establishment approved by the Department of Public Health, which is housed on a motor vehicle or on a trailer that a motor vehicle pulls to transport, and from which a vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages, or both, for immediate human consumption. The term does not include a food or beverage cart that is not motorized.

(b) (1) Upon a food or beverage truck applicant’s compliance with this chapter and any rules adopted thereunder, and upon presentation of the certificate described in subdivision (2), the board shall issue to the applicant a food or beverage truck license that will authorize the licensee to purchase liquor and wine from the board or, as authorized by the board, table wine and beer, including draft or keg beer, from any wholesale licensee of the board and to sell alcoholic beverages for on-premises consumption to guests who may consume the beverages in open containers anywhere within an area designated by the municipal governing body within an established entertainment district, provided the license is not prohibited by a valid ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality in which the food or beverage truck is located.

(2) An applicant shall obtain from the municipality in which the food or beverage truck intends to operate a certificate setting out that the applicant has presented his or her application to the governing body of the municipality and the municipality approves of the issuance of the license for the food or beverage truck to sell alcoholic beverages.

(c) The food or beverage truck license fee shall be three hundred dollars ($300).

(d) A food or beverage truck operating outside the designated entertainment district may not sell alcoholic beverages.

(e) A food or beverage truck licensee shall consent, in writing, to warrantless inspections by city, county, and state inspectors and law enforcement.

(f) A food or beverage truck licensee must comply with all on-premises rules, other than the requirement for seating and restrooms.

(g) Each food or beverage truck licensee shall collect and remit all state and local sales and use taxes and all excise and privilege taxes due on the sale of alcoholic beverages.

(h) A food or beverage truck licensee may not serve or be authorized to serve any food or beverage within 150 feet of any entrance to any permanent restaurant or to any Alcoholic Beverage Control Board licensee.

(i) The board, by rule, may require security cameras in all licensed food or beverage trucks and may require a barrier be placed as a boundary around the vicinity of the food or beverage truck or group of food or beverage trucks within which consumption of alcoholic beverages is permitted. The board shall adopt additional reasonable rules to protect public health and safety.
Ala. Code § 28-4-231 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-231
Section 28-4-231 Powers of Court as to Maintenance of Jurisdiction and Enforcement of Judgments Generally; Rules of Evidence, Practice and Procedure
Status: in_force

The court shall have full power and authority to maintain its jurisdiction and by all suitable orders and writs to enforce its judgments in respect to the subject matter of the action and to so shape and mould its judgments as to accomplish the purpose of the petition. All the rules of evidence, practice and procedure, except as otherwise provided in this article, that pertain to circuit courts generally or that exist by virtue of any law of this state may be invoked and applied in any such injunction proceeding instituted under this article.
Ala. Code § 28-10-7 — Alabama Code / Title 28 / Chapter 10 / Section 28-10-7
Section 28-10-7 Compliance as Defense to License Suspension or Revocation; Mitigation of Administrative Penalties or Fines
Status: in_force

(a) The license of a vendor certified as a responsible vendor under this chapter may not be suspended or revoked for an employee’s illegal sale of an alcoholic beverage to a person who is not of lawful drinking age if the employee had completed the applicable training prescribed by this chapter prior to committing such violation, unless the vendor had knowledge of the violation or should have known about such violation, or participated in or committed such violation. No vendor may use as a defense to decertification the fact that he was absent from the licensed premises at the time of noncompliance with this section.

(b) The board shall consider certification by a vendor in the responsible vendors program in mitigation of administrative penalties or fines for an employee’s illegal sale of an alcoholic beverage to a person who is not of lawful drinking age.
Ala. Code § 28-3A-13.1 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-13.1
Section 28-3A-13.1 Delivery Service License. (Amended by Act 2026-512)
Status: in_force

AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Any entity licensed by the board for off-premises consumption, restaurant licensee of the board, or valid and responsible organization of good reputation that is registered to do business in the state may apply for and be issued a delivery service license. In order to receive a license, an applicant shall do all of the following:

(1) File an application with the board.

(2) Pay a non refundable filing fee of one hundred dollars ($100), and a license fee of two hundred fifty dollars ($250).

(3) Provide to the board a sample contract that the applicant intends to enter into with a retailer for the delivery of beer, wine, and spirits, unless the applicant is the retailer.

(4)a. Provide to the board both of the following:

1. An attestation that the applicant is 21 years of age or older.

2. A true, correct, and complete criminal court record of all arrests and subsequent dispositions for the past three years. If the applicant has been convicted of a felony or a misdemeanor for a violation of Section 28-3A-25(a)(3), then the board shall reject the application and shall not issue a license.

b. This subdivision shall not apply to publicly traded companies.

(5)a. For an applicant with four or more delivery drivers, whether those drivers are employees or independent contractors, provide proof of a general liability insurance policy in an amount no less than five million dollars ($5,000,000) per occurrence.

b. For an applicant with three or fewer delivery drivers, whether those delivery drivers are employees or independent contractors, provide proof of a general liability insurance policy in an amount no less than two million dollars ($2,000,000) per occurrence.

(6) Provide to the board an outline for an internal or external training and certification program for delivery personnel which addresses topics such as identifying underage individuals, intoxicated individuals, and fake or altered identification.

(b) A delivery service licensee may deliver, or contract with any retailer in the state for the delivery of, beer, wine, or spirits from a retail premises to an individual in the state who is at least 21 years of age, for personal use by that individual only, and not for resale, subject to all of the following:

(1) The individual placing the order must receive the ordered alcoholic beverages on the same calendar day that the alcoholic beverages are removed from the licensed retail premises.

(2) Any delivery shall be made in vehicles that are owned or leased by the delivery service licensee or an employee or independent contractor of the licensee.

(3) Any beer, wine, or spirits shall be delivered in a sealed unopened container.

(4) If the delivery service licensee is a restaurant, then any beer, wine, or spirits delivered by the licensee must be accompanied by a meal.

(5) If the delivery service licensee is a manufacturer or brewpub with off-premises retail privileges under Sections 28-3A-6, 28-4A-3, or 28-7-18, the manufacturer or brewpub may deliver, directly from the manufacturer or brewpub to any individual in any single 24-hour period, an amount not to exceed the amount that the manufacturer or brewpub is authorized to sell to each customer each day under Sections 28-3A-6 or 28-4A-3.

(6)a.1. Beer, with the exception of draft beer, may be delivered in any size container, provided that the total amount delivered does not exceed the equivalent of 120 12-ounce containers of beer per customer in any single 24-hour period.

2. Draft beer may be sold in accordance with board rules in a total amount not to exceed 288 ounces per customer in any single 24-hour period, and may be delivered only where delivery has been authorized by resolution or ordinance of the local governing jurisdiction.

b. Wine may be sold in any size container, provided that the total amount delivered does not exceed 9,000 milliliters or the equivalent of 12 750-milliliter bottles of wine per customer in any single 24-hour period.

c. Spirits may be sold in any size bottle by an off-premises licensee; provided, the total amount delivered does not exceed 9,000 milliliters per customer in any single 24-hour period.

d. Spirits may be sold in any size bottle by a restaurant licensee; provided, the total amount delivered does not exceed 375 milliliters per customer in any single 24-hour period.

(7) Any employee or independent contractor delivering beer, wine, or spirits shall comply with all of the following:

a. Is at least 21 years of age.

b. Has a valid driver’s license.

c. Has, within the last 24 months, undergone a criminal background check that includes driving records, and the results of which comply with all of the following:

1. The individual has not been convicted within the past seven years of driving under the influence.

2. The individual has not been convicted, at any time, of a crime involving a sexual offense, fraud, property damage, theft, an act of violence, or an act of terror.

3. The individual does not have a match on the National Sex Offender Registry.

d. Does not receive compensation based on whether an attempted delivery of beer, wine, or spirits results in a completed transaction.

e. Is trained and certified consistent with the training program submitted to the board as required by subdivision (a)(6), with documentation on file with the delivery service licensee. Upon request, the licensee shall provide this documentation to the board.

(8) A delivery service licensee may facilitate orders for the sale and delivery of beer, wine, or spirits by telephone, Internet, or by other electronic means; provided, all of the following:

a. The delivery service licensee shall obtain from the customer a confirmation that he or she is at least 21 years of age at the time the order is placed.

b. The delivery service licensee shall ensure all payments have been processed for delivery prior to removing the alcoholic beverages from the licensed premises.

c. If the delivery service licensee is a retail licensee, any order for sale and delivery of beer, wine, or spirits received at the licensee’s primary place of business or through a third party licensee or facilitator shall be construed as a sale made at the licensee’s primary place of business.

(9) Any delivery in a sealed package shall be stamped, printed, or labeled in a manner approved by the board, and that stamp, print, or label shall be prominently displayed on the outside of the sealed package to indicate in readily apparent font or type that the package contains alcohol and that the signature of an individual at least 21 years of age is required for delivery.

(10) A delivery service licensee shall require each recipient, at the time of delivery, to provide valid photo identification that conforms to board rules and that verifies that he or she is at least 21 years of age, and shall require the recipient to sign for the delivery.

(11) A delivery service licensee shall possess identification scanning software technology, or a state-of-the-art alternative approved by the board, available at the point of delivery that verifies the recipient is at least 21 years of age and retains the recipient’s name, date of birth, and signature.

(12) A delivery service licensee shall provide each employee or independent contractor making a delivery with either a printed copy of the delivery service license or an electronic copy indicating the delivery service license’s name and number, which shall be available for inspection upon request from the board or any law enforcement officer.

(13) A delivery service licensee shall return any beer, wine, or spirits to the retailer if the recipient is under the age of 21 years; appears intoxicated; fails to provide proof of identification; fails or refuses to sign for delivery; fails to complete the identification scanning software process or state-of-the-art alternative; declines to accept the delivery of beer, wine, or spirits; or any circumstances in the delivery environment which indicate illegal conduct, overconsumption, or an otherwise unsafe environment for the consumption of alcohol. In no event shall a delivery service licensee leave an alcoholic beverage delivery unattended.

(14) A delivery service licensee may deliver through a dry county or municipality, but may not deliver or cause a delivery to be made to an individual residing in a dry county or dry municipality. Every employee or independent contractor conducting a delivery shall maintain within the delivery vehicle evidence, electronic or otherwise, that the intended recipient of any alcoholic beverages is not located in a dry county or dry municipality.

(15) A delivery service licensee may deliver alcoholic beverages only during hours when alcoholic beverages may be sold under general or local law.

(16) A delivery service licensee may not deliver any alcoholic beverage to any residence hall on the grounds of any institution of higher learning, including any college, university, community college, technical college, or junior college.

(17) A delivery service licensee may not deliver alcoholic beverages to a location more than 75 miles from the licensed premise of the retail licensee where the delivery originated.

(18) A delivery service licensee may not deliver any alcoholic beverage to any licensee of the board.

(19) A delivery service licensee shall report, at the direction of the board, the total amount of beer, wine, or spirits directly delivered to residents in the state during the preceding calendar year.

(20) A delivery service licensee shall permit the board or the Department of Revenue to perform an audit of the licensee’s records upon request.

(c) A delivery service licensee shall be deemed to have consented to the jurisdiction of the board, any law enforcement agency, and the Alabama courts concerning enforcement of this section and any related laws or rules.

(d) A delivery service licensee shall be considered to be a servant or agent of the retail licensee with whom the licensee has contracts, and any violation by the delivery service licensee, its employees, or its independent contractors may also be deemed to be a violation by the retail licensee.

(e) A technology services company shall not be required to obtain a delivery service license if the company does not employ or contract with the individual making the deliveries, but merely provides software or a digital network application that connects consumers and licensed retailers for the delivery of alcoholic beverages from a licensed retailer.

(f) A delivery service licensee may renew its license with the board by paying an annual renewal fee of two hundred fifty dollars ($250) and by otherwise complying with the renewal process set forth in Section 28-3A-5.

(g) The board may enforce the requirements of this section to suspend or revoke a delivery service license by the same administrative proceedings that apply to alcoholic beverage licenses, and the board may accept payment of a fine in lieu of suspension or revocation. The payments shall be as determined by rule of the board.

(h) Except as provided in this section, local ordinances establishing different rules on delivery, delivery service licensees, or requiring additional permits or fees, are prohibited.

(i) The board may adopt rules pursuant to the Alabama Administrative Procedure Act to implement this section.

(j) Any violation of this section is a Class B misdemeanor upon a first conviction. A second or subsequent conviction is a Class A misdemeanor.
Ala. Code § 28-4-321 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-321
Section 28-4-321 Contents and Sufficiency of Charges in Indictments, Complaints, Affidavits, Etc., for Sale, Offer for Sale, Possession, Etc., of Prohibited Liquors and Beverages, Etc., Generally; Proof of Charges Generally; Admissibility in Evidence of Testimony of Persons Purchasing, Etc., Prohibited Liquors and Beverages, Etc.; Immunity from Prosecution of Persons Testifying as to Violations of Chapter, Etc
Status: in_force

In an indictment, complaint or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise disposed of spirituous, vinous or malt liquors contrary to law, and in an indictment, complaint or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of prohibited liquors and beverages, it is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise disposed of prohibited liquors and beverages. On the trial under a charge in either form, any act of selling in violation of law embraced in the charge may be proved and the charge in each of said forms shall be held to include any device or substitute for any of said liquors.

In any indictment, complaint or affidavit charging that prohibited liquors and beverages have been manufactured, sold, offered for sale, kept for sale or otherwise disposed of, it shall not be necessary to set out the kind or quantity of the prohibited liquors and beverages nor the person to whom such sale or offer to sell or other disposition was made, and in any prosecution for a second or subsequent offense, it shall not be requisite to set forth in the indictment, complaint or affidavit the record of a former conviction, but it shall be sufficient briefly to allege such conviction.

The person purchasing or to whom prohibited liquors and beverages or any of them have been sold or otherwise disposed of shall in all cases be a competent witness to prove the unlawful act.

No person who testifies with respect to any unlawful act under this chapter or other statute for the suppression of the evils of intemperance shall be prosecuted in respect to any act to which he testifies nor shall his evidence so given be used against him in any criminal proceeding.
Ala. Code § 28-8-5 — Alabama Code / Title 28 / Chapter 8 / Section 28-8-5
Section 28-8-5 Wholesaler Service and Quality Control
Status: in_force

The wholesaler licensee designated as the exclusive wholesaler for a brand or brands within a designated territory must service retail licensees within that territory without discrimination, and shall service for the purpose of quality control all of the alcoholic beverages sold by that wholesaler to retailers within such territory. Each such wholesaler shall provide such additional quality control services and comply with such additional quality control standards as are specified in writing from time to time by the owner of the trademark of the brand or brands of alcoholic beverages, provided those activities or standards are reasonable and are reasonably related to the maintenance of quality control, and provided that the wholesaler has received written notice thereof.
Ala. Code § 28-3-286 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-286
Section 28-3-286 Effective Date
Status: in_force

The taxes to be collected by the Alcoholic Beverage Control Board under this article shall begin with the next regular price change by the Alcoholic Beverage Control Board which occurs at least 60 days after this article becomes law.
Ala. Code § 28-4-29 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-29
Section 28-4-29 Solicitation or Receipt of Order for Prohibited Liquors or Beverages
Status: in_force

Any person who within this state solicits or receives any order for any spirituous, vinous or malt liquors or any other liquors or beverages prohibited by the law of the state to be sold or offered for sale or otherwise disposed of in this state in any quantity to be shipped into this state or to be shipped from one point in this state to another point in this state shall be guilty of a misdemeanor. The taking or soliciting of such orders is within the inhibition of this section, although the orders are subject to approval by some other person and no part of the price is paid nor any part of the goods delivered when the orders are taken.

If such order is in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original.
Ala. Code § 28-6A-3 — Alabama Code / Title 28 / Chapter 6A / Section 28-6A-3
Section 28-6A-3 Severability
Status: in_force

If any provision of this chapter or its application to any person or circumstance is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit, rather than expand, commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages.
Ala. Code § 28-11-9 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-9
Section 28-11-9 Suspension or Revocation of Permit; Hearing Commission; Fines
Status: in_force

(a) Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter.

(1) The board may appoint a hearing commission of at least three individuals which may do all of the following:

a. Hear and decide all contested applications for permits.

b. Hear and decide all charges against any permit holder or employee of a permit holder for violations of this chapter, the law, or the rules of the board.

c. Revoke or suspend permits as provided in this chapter.

d. Levy administrative fines upon permit holders.

(2) No member of the hearing commission shall participate in the hearing or disposition of any application for a permit or charge against a permit holder or an employee of a permit holder if he or she has an interest therein or was involved in the investigation.

(b) The board, or a hearing commission appointed by the board, upon finding that a permit holder or any partner, member, employee, officer, or director of the permit holder has violated any of the laws of this state or the United States relating to the manufacture, sale, possession, or transportation of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products, or that the permit holder has acted in a manner prejudicial to the welfare, health, peace, temperance, and safety of the people of the community or of the state, upon due notice and hearing, may levy administrative fines or suspend or revoke the permit issued by the board, or a combination of all three. In all cases where the board or hearing commission levies an administrative fine or suspends or revokes a permit, the board shall set forth its findings of fact, the evidence from which the findings of facts are made, and the reasons upon which its actions are based.

(c) The fines as specified in subsection (e) shall be applicable per each violation. The permit holder shall remit the administrative fine to the board within seven calendar days from the day that the administrative fine is levied. Failure by the permit holder to pay the administrative fine within that time period shall result in an automatic suspension of the permit until the administrative fine is paid.

(d) The maximum length of suspension of a permit pursuant to this chapter shall be one year. A permit holder shall be ineligible to hold a permit pursuant to this chapter for the location where the violation occurred until the expiration or removal of the suspension. A permit holder whose permit is revoked by the board or the hearing commission shall be, at the discretion of the board or hearing commission, ineligible to hold a permit pursuant to this chapter until the expiration of one year from the date the permit is revoked at the location where the violation occurred.

(e) The following administrative penalties shall be levied for violations of this chapter:

(1) For a first violation at a location in a two-year period, the board or hearing commission may levy a fine against the permit holder of not more than one thousand dollars ($1,000).

(2) For a second violation at the same location within a two-year period, the board or hearing commission shall levy an administrative fine upon the permit holder of not more than two thousand five hundred dollars ($2,500).

(3) For a third or subsequent violation at the same location within a two-year period, the board or hearing commission shall levy an administrative fine upon the permit holder of not more than five thousand dollars ($5,000) and shall revoke the permit. A permit may not be reissued at the location, regardless of change in ownership, at anytime during the revocation period.

(f) Before imposition of any administrative penalty, the permit holder shall be afforded all procedural rights to due process in addition to those rights guaranteed by the Alabama Administrative Procedure Act, Chapter 22 of Title 41.

(g) All fines and other monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.
Ala. Code § 28-11-4 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-4
Section 28-11-4 Purpose of Rules
Status: in_force

Pursuant to its rulemaking authority, the board shall adopt rules that have the full force and effect of law, for purposes of the following:

(1) Establishing permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products.

(2) Preventing the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products to individuals under the age of 21 years.

(3) Conducting annual random compliance tests to assure compliance with applicable state and federal laws and guidelines regarding the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products. The tests involving any person or location engaged in the distribution of tobacco may utilize individuals under the age of 21 years.
Ala. Code § 28-4A-2 — Alabama Code / Title 28 / Chapter 4A / Section 28-4A-2
Section 28-4A-2 Definitions. (Amended by Act 2026-512)
Status: in_force

AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor.

(b) The following words or phrases, whenever they appear in this chapter, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this subsection:

(1) BREWPUB. Any premises upon which beer is actively and continuously manufactured or brewed, subject to the barrel production limitation prescribed in this chapter, for consumption on the premises where manufactured, or for sale to any designated wholesaler licensee for resale to retail licensees.

(2) PREMISES. Any building, structure or portion thereof designated as a historic building and site as defined in Section 40-8-1, or located in a registered historic district or located in any economically distressed area designated as suitable by the municipal or county governing body, in which is located the operations of a brewpub.
Ala. Code § 28-3-24 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-24
Section 28-3-24 Extension of Time of Sale of Alcoholic Beverages on Sunday in County or Municipality Where Sunday Sales Authorized
Status: in_force

(a) In any county or municipality where the Sunday sale of alcoholic beverages is otherwise authorized by law, including the sale for on-premises consumption at a time after 10:00 a.m., the sale of alcoholic beverages on Sunday may be authorized for on-premises consumption commencing on Sunday at 10:00 a.m., and thereafter, by the county commission outside of the corporate limits of any municipality or the municipal governing body within the corporate limits of a municipality by ordinance or by resolution of the appropriate governing body.

(b) This section shall not apply to any county or municipality where the sale of alcoholic beverages on Sunday was authorized by a local law setting a later time for the sale of alcoholic beverages on Sunday and the local law was subject to approval at a referendum unless the application of this section to the county or municipality is subsequently approved by a referendum held in the county or municipality. The county or municipal governing body may set the referendum by ordinance or resolution in conjunction with any other countywide or municipal election as the case may be.

(c) This section shall not affect the authority of the Legislature by local law to extend the time of Sunday sales of alcoholic beverages to an earlier time than the time authorized in this section.

(d) This section shall not apply in a county where the sale of alcoholic beverages is authorized by a local constitutional amendment.

(e) The provisions of this section are supplemental and shall not be construed to repeal any other law except to the extent of any conflict.
Ala. Code § 28-9-10 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-10
Section 28-9-10 Application, Transferee of Wholesaler’s Business; Successor of Supplier’s Business
Status: in_force

(a) This chapter shall apply to agreements in existence on March 3, 1988, as well as agreements entered into or renewed after March 3, 1988.

(b) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer; provided, however, a transfer of a wholesaler’s business which requires supplier’s consent or approval but is disapproved by the supplier shall be null and void.

(c) A successor to a supplier that continues in business as a supplier shall be bound by all terms and conditions of each agreement of the supplier in effect on the date of succession.
Ala. Code § 28-4-120 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-120
Section 28-4-120 Transportation from Another State, Foreign Country, Etc., or Delivery Within State of Liquors Intended to Be Used in Violation of Laws of State
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 ship or to transport into or to deliver in this state in any manner or by any means whatsoever any spirituous, vinous, malted, fermented or other intoxicating liquors of any kind from any other state, territory or district of the United States or place noncontiguous to but subject to the jurisdiction of the United States or from any foreign country to any person, firm or corporation within the territory of this state, when the said spirituous, vinous, malted, fermented or other intoxicating liquors, or any of them, are intended by any person interested therein to be received, possessed, sold or in any manner used, either in the original package or otherwise, in violation of any law of this state.
Ala. Code § 28-9-8 — Alabama Code / Title 28 / Chapter 9 / Section 28-9-8
Section 28-9-8 Liability of Supplier for Acts Diminishing Value of Wholesaler’s Business; Arbitration Procedures; Determination of Amount of Compensation; Cost of Arbitration; Default of Arbitration Procedures
Status: in_force

(a) Except as provided for in this chapter, a supplier that has amended, modified, canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign from an agreement; or has interfered with, prevented or unreasonably delayed, or where required by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler’s business, shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler’s business, including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler’s business or ancillary business shall include, but not be limited to, any good will. Provided, however, nothing contained in this chapter shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler’s business.

(b) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certified mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration. Arbitration shall proceed only by mutual agreement of both parties.

(c) Not more than 10 business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration. Should the other party fail to respond within the 10 business days, it shall be conclusively presumed that said party shall have agreed to arbitration.

(d) The matter of determining the amount of compensation may, by agreement of the parties, be submitted to a three-member arbitration panel consisting of one representative selected by the supplier but unassociated with the affected supplier; one wholesaler representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator.

(e) Not more than 10 business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one arbitrator representative and the party initiating arbitration shall request, in writing, a list of five arbitrators from the American Arbitration Association or its successor and request that the list shall be mailed to each party by certified mail, return receipt requested. Not more than 10 business days after the receipt of the list of five choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two names each from the list. Should either party fail to respond within the 10 business days or should more than one name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from said list.

(f) Not more than 30 days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute. The panel shall conclude the arbitration within 20 days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within 20 days from the conclusion of the arbitration. The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for said diminished value.

(g) The cost of the impartial arbitrator, the stenographer, and the meeting site shall be equally divided between the wholesaler and the supplier. All other costs shall be paid by the party incurring them.

(h) After both parties have agreed to arbitrate should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subsections (c), (e) and (f) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrator and proceed to arbitration. The party who has failed or refused to comply as prescribed in this section shall be considered to be in default. Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel.
Ala. Code § 28-4-2 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-2
Section 28-4-2 Unauthorized Possession, Sale, Delivery, Use, Etc., of Wine or Alcohol Generally
Status: in_force

Any person who shall sell any wine or alcohol in this state for any purpose other than allowed by law or who shall fail to comply with any regulation respecting the sale, delivery or use of alcohol or wine or who shall receive, have in possession or possess any alcohol or wine, except as authorized by law and for the purposes as prescribed by law, shall be guilty of a misdemeanor.
Ala. Code § 28-4-258 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-258
Section 28-4-258 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Execution - Persons Authorized
Status: in_force

The warrant may be executed by any one of the officers to whom it is directed, but by no other person, except in aid of the officer, he being present and acting in its execution. The complainant may accompany the officer who executes the warrant and give information and assist him in executing the writ. A writ addressed to a sheriff may be executed by any lawful officers.
Ala. Code § 28-5-3 — Alabama Code / Title 28 / Chapter 5 / Section 28-5-3
Section 28-5-3 Documents to Be Filed by Applicants for Permits
Status: in_force

The application filed with the Governor for such permit shall be verified by affidavit and shall set forth the name and address of all parties having an interest in the proposed industrial alcohol plant or, if a corporation, shall set forth the name and address of its principal officers and directors and the names and addresses of the individuals owning 51 percent of the stock and the names and addresses of the individuals to be in charge of the plant.

Accompanying said application shall be an accurate plan and description of the premises and distilling apparatus, distinctly showing the location of every still, boiler, worm tub and receiving cistern, the course and construction of all pipes used or to be used in the distillery and every branch and every cock or joint thereof and of every valve therein, together with every place, vessel, tub or utensil from and to which any such pipe leads or with which it communicates and also the number and location and cubic content of every still, mash tub and fermenting tub, the cubic contents of every receiving cistern and the color of each fixed pipe.

There shall also be furnished a detailed description of the process employed at the plant, which will show the flow of material from the time received on the premises, through the various apparatus, into the locked receiving tanks and also a plat showing the line of the premises and location of buildings thereon; provided, that whenever the documents filed with the officers of the United States under the internal revenue laws and regulations pursuant thereto shall contain the foregoing information, the filing of a certified copy of such document or documents with the Governor shall be deemed a sufficient compliance with this section.
Ala. Code § 28-4-50 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-50
Section 28-4-50 Manufacture, Sale, Possession, Etc., of Still, Etc., for Manufacture of Prohibited Liquors or Beverages
Status: in_force

It shall be unlawful for any person, firm or corporation in this state to manufacture, sell, give away or have in possession any still, apparatus, appliance or any device or substitute therefor to be used for the purpose of manufacturing any prohibited liquors or beverages.
Ala. Code § 28-1-7 — Alabama Code / Title 28 / Chapter 1 / Section 28-1-7
Section 28-1-7 Alcoholic Beverage Control Board Prohibited from Issuing Licenses for Sale of Intoxicating Beverages in Class IV Municipalities; Exceptions
Status: reserved

REPEALED IN THE 2020 REGULAR SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020.
Ala. Code § 28-4-127 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-127
Section 28-4-127 Duty of Common Carrier, Etc., to File with Alcoholic Beverage Control Board Statement Showing Date of Delivery, Name and Address of Consignee and Consignor, Kind and Amount, Etc., of Liquor Delivered
Status: in_force

It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation who shall carry or transport any of the liquors mentioned in Section 28-4-120 into this state from any of the points or places mentioned in Section 28-4-120 and who shall deliver such liquors or any of them to any person, firm or corporation in this state to file with the Alcoholic Beverage Control Board a statement, either printed or plainly written or typewritten on stout paper, correctly stating the date on which the liquor was delivered, the name and post office address of the consignee and consignor, the place of delivery and to whom delivered and the kind and amount of such liquor delivered. Such statement shall be filed within three days after the date of delivery of such liquor. If said statement is in writing, it shall be in a fair and legible hand, and the names of the consignee and consignor and of the party obtaining delivery shall be truly ascertained and furnished in such way as to avoid mistakes in names.
Ala. Code § 28-3-228 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-228
Section 28-3-228 Manufacture, Purchase, Sale, Possession, Etc., of Reproduction or Counterfeit Stamps, Crowns or Lids
Status: in_force

Whoever manufactures, buys, sells, offers for sale or has in his or its possession any reproduction or counterfeit of the Alabama revenue stamps, crowns or lids provided for in this chapter or stamps, crowns or lids used to identify articles sold or distributed by state liquor stores shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day nor more than 10 years and, in addition, may be fined not less than $2,000.00 nor more than $10,000.00.
Ala. Code § 28-3A-16 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-16
Section 28-3A-16 Retail Beer License for On-Premises and 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, from a licensed wholesaler and to sell at retail for on-premises consumption in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public, and in original unopened containers for off-premises consumption, where such use of the proposed location is not, at the time of the original application, prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the outlet is located.
Ala. Code § 28-3-21 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-21
Section 28-3-21 Imposition of Sentence to Hard Labor for County in Lieu of Jail Sentence for Violations of Provisions of Chapter
Status: in_force

Wherever in this chapter a jail sentence is provided as alternative punishment for a violation of any of its provisions, the court trying such case may, in lieu of and instead of said jail sentence, sentence one convicted for violation of any provisions of this chapter to hard labor for the county for the same period of time as provided for the jail sentence.
Ala. Code § 28-3A-20.5 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-20.5
Section 28-3A-20.5 Event Storage License
Status: in_force

(a) Upon an eligible applicant’s compliance with this chapter and rules adopted thereunder and payment of the event storage license fee as established in Section 28-3A-21 the board, on and after January 1, 2026, shall issue an event storage license to a person for such period of time not to exceed one year and upon such terms and conditions as the board may prescribe. An event storage license authorizes the licensee to purchase and store alcoholic beverages at one designated location and transfer alcoholic beverages as needed to special event venues where the licensee holds the appropriate special event license under the same Federal Employer Identification Number. (b) Notwithstanding Section 28-3-4, only the holder of one or more of the following special event licenses shall be eligible to make application for and hold an event storage license: (1) A special events retail license. (2) A nonprofit special events retail license. (3) A special retail license for 30 days or less. (4) A government venue license. (c) An event storage license authorizes a licensee to: (1) Store alcoholic beverages, when not at a special event venue, at the storage location; (2) Arrange delivery of alcoholic beverages purchased from the board or a wholesale licensee directly to the licensee’s storage location or directly to a special event license venue; and (3) Transfer alcoholic beverages between the storage location and a special event venue. Alcoholic beverages returned from a special event venue to the storage location may then be transferred to another special event venue, but a licensee may not transfer alcoholic beverages directly from one special event venue to another special event venue without first returning the alcoholic beverages to the storage location. (d)(1) The holder of an event storage license may only purchase beer and table wine from a licensed wholesaler that maintains the appropriate franchise for the brand purchased in the area applicable to the storage location. The holder of an event storage license may only purchase liquor from the board wholesale. (2) The holder of an event storage license may purchase alcoholic beverages under one of the special events licenses listed in subsection (b) which is issued to the holder; provided, the purchase is made only from a vendor permitted under the special events license and that any remaining alcoholic beverages purchased are returned to the storage location. (e) The holder of an event storage license may apply for and hold up to three such licenses, each of which permits one designated storage location, provided: (1) All storage locations are situated at least 100 miles from one another; and (2) Alcoholic beverages may not be transferred between storage locations. (f) The storage location facility must: (1) Be secured at all times with locked access when not in use; (2) Use an access control system to monitor and restrict entry to authorized individuals only; (3) Be temperature controlled as appropriate for the types of alcoholic beverages stored; and (4) Comply with local zoning and building codes. (g) An event storage licensee shall track all alcoholic beverage transfers, on a form prescribed by the board, which shall include, but not be limited to, all of the following information: (1) The name under which the event storage license is issued. (2) The event storage license number. (3) The date of the transfer. (4) The type of alcoholic beverage, the brand name, and the quantity transferred. (5) The destination of the transfer, identified by location, special event license type, and number. (6) If the destination of the transfer is the return of alcoholic beverages from a special event venue to a storage location, the type of alcoholic beverage, the brand, and the quantity returned. (7) A signed certification that the transfer is in compliance with this section and board rules. (h)(1) An event storage licensee shall maintain for a period of three years records of all alcoholic beverages purchased, stored, transferred, and sold in accordance with rules adopted by the board. These records may be maintained in an electronic format so long as the records may be promptly provided in a readable format upon request by the board. (2) All invoices, transfer logs, and other records of an event storage licensee shall be subject to inspection by members of the board or by agents authorized and designated by the board at any time during the normal business hours established by the licensee. (3) Inspection by the board or by agents authorized and designated by the board may: a. Include a search by law enforcement officers with jurisdiction if the circumstances require; and b. Extend to other buildings attached or adjacent to the storage location, including a dwelling. (i)(1) If a discrepancy is discovered during an inspection or audit, the board may issue a compliance warning, require immediate corrective action, or issue a citation. (2) Reoccurring discrepancies discovered by audit or inspection may be considered a violation pursuant to rules adopted by the board. (3) The board may assess a civil fine of no more than one thousand dollars ($1,000) for each occurrence that is a violation of this chapter and may revoke the license. (j) The board shall adopt rules to implement this section.

(b) Notwithstanding Section 28-3-4, only the holder of one or more of the following special event licenses shall be eligible to make application for and hold an event storage license:

(1) A special events retail license.

(2) A nonprofit special events retail license.

(3) A special retail license for 30 days or less.

(4) A government venue license.

(c) An event storage license authorizes a licensee to:

(1) Store alcoholic beverages, when not at a special event venue, at the storage location;

(2) Arrange delivery of alcoholic beverages purchased from the board or a wholesale licensee directly to the licensee’s storage location or directly to a special event license venue; and

(3) Transfer alcoholic beverages between the storage location and a special event venue. Alcoholic beverages returned from a special event venue to the storage location may then be transferred to another special event venue, but a licensee may not transfer alcoholic beverages directly from one special event venue to another special event venue without first returning the alcoholic beverages to the storage location.

(d)(1) The holder of an event storage license may only purchase beer and table wine from a licensed wholesaler that maintains the appropriate franchise for the brand purchased in the area applicable to the storage location. The holder of an event storage license may only purchase liquor from the board wholesale.

(2) The holder of an event storage license may purchase alcoholic beverages under one of the special events licenses listed in subsection (b) which is issued to the holder; provided, the purchase is made only from a vendor permitted under the special events license and that any remaining alcoholic beverages purchased are returned to the storage location.

(e) The holder of an event storage license may apply for and hold up to three such licenses, each of which permits one designated storage location, provided:

(1) All storage locations are situated at least 100 miles from one another; and

(2) Alcoholic beverages may not be transferred between storage locations.

(f) The storage location facility must:

(1) Be secured at all times with locked access when not in use;

(2) Use an access control system to monitor and restrict entry to authorized individuals only;

(3) Be temperature controlled as appropriate for the types of alcoholic beverages stored; and

(4) Comply with local zoning and building codes.

(g) An event storage licensee shall track all alcoholic beverage transfers, on a form prescribed by the board, which shall include, but not be limited to, all of the following information:

(1) The name under which the event storage license is issued.

(2) The event storage license number.

(3) The date of the transfer.

(4) The type of alcoholic beverage, the brand name, and the quantity transferred.

(5) The destination of the transfer, identified by location, special event license type, and number.

(6) If the destination of the transfer is the return of alcoholic beverages from a special event venue to a storage location, the type of alcoholic beverage, the brand, and the quantity returned.

(7) A signed certification that the transfer is in compliance with this section and board rules.

(h)(1) An event storage licensee shall maintain for a period of three years records of all alcoholic beverages purchased, stored, transferred, and sold in accordance with rules adopted by the board. These records may be maintained in an electronic format so long as the records may be promptly provided in a readable format upon request by the board. (2) All invoices, transfer logs, and other records of an event storage licensee shall be subject to inspection by members of the board or by agents authorized and designated by the board at any time during the normal business hours established by the licensee. (3) Inspection by the board or by agents authorized and designated by the board may: a. Include a search by law enforcement officers with jurisdiction if the circumstances require; and b. Extend to other buildings attached or adjacent to the storage location, including a dwelling. (i)(1) If a discrepancy is discovered during an inspection or audit, the board may issue a compliance warning, require immediate corrective action, or issue a citation. (2) Reoccurring discrepancies discovered by audit or inspection may be considered a violation pursuant to rules adopted by the board. (3) The board may assess a civil fine of no more than one thousand dollars ($1,000) for each occurrence that is a violation of this chapter and may revoke the license. (j) The board shall adopt rules to implement this section.

(2) All invoices, transfer logs, and other records of an event storage licensee shall be subject to inspection by members of the board or by agents authorized and designated by the board at any time during the normal business hours established by the licensee.

(3) Inspection by the board or by agents authorized and designated by the board may:

a. Include a search by law enforcement officers with jurisdiction if the circumstances require; and

b. Extend to other buildings attached or adjacent to the storage location, including a dwelling.

(i)(1) If a discrepancy is discovered during an inspection or audit, the board may issue a compliance warning, require immediate corrective action, or issue a citation.

(2) Reoccurring discrepancies discovered by audit or inspection may be considered a violation pursuant to rules adopted by the board.

(3) The board may assess a civil fine of no more than one thousand dollars ($1,000) for each occurrence that is a violation of this chapter and may revoke the license.

(j) The board shall adopt rules to implement this section.
Ala. Code § 28-4-111 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-111
Section 28-4-111 Receipt or Acceptance from Common Carrier, Etc., of Prohibited Liquors or Beverages Generally
Status: in_force

No person shall receive or accept any prohibited liquors or beverages from a common carrier or other carrier, except alcohol in accordance with regulations and restrictions of the laws of Alabama and for the purposes prescribed by said laws and except wine for sacramental or religious purposes as permitted under law and then only if there is permanently pasted or attached to the container a copy of the prescription or affidavit upon authority of which it was prescribed or obtained.
Ala. Code § 28-12-61 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-61
Section 28-12-61 Sale or Possession of Unlawful Hemp Products; Penalties
Status: in_force

(a) The sale or possession of a hemp product specifically excluded from the definition of a consumable hemp product is strictly prohibited.

(b) A violation of subsection (a) is a Class C felony.
Ala. Code § 28-11-8 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-8
Section 28-11-8 Failure to Obtain or Display Permit
Status: in_force

(a) It shall be unlawful for any person to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining and displaying a valid permit by January 1, 1998, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of tobacco products at retail or in vending machines or self-service displays of the requirements of this law. Failure to obtain or display a valid permit pursuant to this chapter after January 1, 1998, shall constitute a misdemeanor offense.

(b) It shall be unlawful for any person to sell or offer for sale electronic nicotine delivery systems or alternative nicotine products without first obtaining the appropriate permit from the board. Failure to obtain or display a valid permit by October 30, 2019, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of alternative nicotine products at retail or in vending machines or self-service displays of the requirements of this law. Selling or offering for sale electronic nicotine delivery systems or alternative nicotine products without obtaining and displaying a valid permit issued pursuant to this chapter by October 30, 2019, shall be a Class C misdemeanor.

(c) Each violation for selling tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products without a valid permit shall be treated as a separate offense and be punishable as follows: For the first violation by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for each subsequent violation by a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500).
Ala. Code § 28-4-25 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-25
Section 28-4-25 Allowance of Reward to Sheriff or Other Person Furnishing Evidence to Support Conviction for Violation of Section 28-4-24
Status: in_force

Whenever any person is convicted in the circuit court under Section 28-4-24 of unlawfully distilling or manufacturing or making any of the prohibited liquors or beverages as defined in this chapter, there shall be charged to the Alabama Alcoholic Beverage Control Board to be paid by them the sum of $50.00 out of the funds used by the board for the purchase of alcoholic beverages to be allowed the sheriff or other officer or person who furnished the evidence and brought about the conviction. Said sheriff or other officer or person must satisfy the presiding judge that he is the person entitled to said sum and shall receive from the judge a certificate to that effect.
Ala. Code § 28-3A-19.1 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-19.1
Section 28-3A-19.1 International Motor Speedway License
Status: in_force

(a) Upon compliance by an applicant with the provisions of this chapter, and the regulations made thereunder, the Alcoholic Beverage Control Board may, where the application is accompanied by a certificate from the clerk or proper officers setting out that the applicant has presented his or her application to the governing authority of the municipality if the licensed premises is to be located therein, or by a certificate from the clerk or proper officers of the county if the licensed premises is to be located within the county but outside the jurisdiction of a municipality, and that the applicant has obtained the consent and approval of the proper governing authority, issue an international motor speedway license for any international motor speedway in the state which marketed at least 60,000 tickets to at least two motor sport racing events at the speedway in 1994, 1995, and 1996. Notwithstanding the provisions of subdivisions (20) and (21) of subsection (a) of Section 28-3A-25, the international motor speedway license shall authorize the licensee to purchase liquor and wine from the board, or as authorized by the board, and to purchase table wine and beer, in any county or municipality in which the sale thereof is permitted, from any wholesale licensee of the board and to sell liquor and wine, dispensed from containers of any size, and beer in any county or municipality in which the sale thereof is permitted, for on-premises consumption each day of the week, including Sundays, and to sell all of the aforementioned for off-premises consumption except on Sunday. Such sales shall be incidental to the primary purpose of recreation and athletics, and shall be confined to those buildings, facilities, and grounds which comprise the speedway.

(b) An annual license fee of three hundred dollars ($300) is levied and prescribed for an international motor speedway license issued and renewed by the board pursuant to the authority contained in this section and this chapter.
Ala. Code § 28-12-2 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-2
Section 28-12-2 Definitions
Status: in_force

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

(1) BATCH. A specific quantity of a specific product containing cannabinoids which: (i) is manufactured at the same time and using the same methods, equipment, and ingredients that are uniform and intended to meet specifications for identity, strength, purity, and composition; and (ii) is manufactured, packaged, and labeled according to a single batch production record executed and documented.

(2) CANNABINOIDS. Includes cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp.

(3) CARTON. The package or container or containers in which consumable hemp products are originally packaged for shipment to market by the processor.

(4) CERTIFICATE OF ANALYSIS. A document issued by an independent testing laboratory which provides information about the chemical composition of a particular batch of consumable hemp product.

(5) CONSUMABLE HEMP PRODUCT. a. A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration.

b. The term excludes both of the following, which are strictly prohibited in the state:

1. Any smokable hemp product. Smokable hemp products include, but are not limited to, any plant product or raw hemp material that is marketed to consumers as hemp cigarettes, hemp cigars, hemp joints, hemp buds, hemp flowers, hemp leaves, ground hemp flowers, or any variation of these terms to include any product that contains a cannabinoid, whether psychoactive or not.

2. Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials. This does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.

(6) CONSUMPTION. Ingesting or topically applying to skin or hair.

(7) CONTAINER. The bottle, can, bag, or other receptacle, excluding cartons, in which consumable hemp products are originally packaged for the market by the producer and from which the consumable hemp product is consumed by the public.

(8) CONTAMINANT. A foreign substance or compound that, if ingested, inhaled, or absorbed, may have an adverse effect on the health of a human or animal. The term includes, but is not limited to, heavy metals, pesticide residuals, residual solvents, or processing chemicals, and any other substance or compound that the Alabama Department of Public Health determines, if ingested, inhaled, or absorbed, could have an adverse effect on the health of a human or animal.

(9) DISQUALIFYING OFFENSE. Any crime against children, cruelty to animals, human trafficking, any crime involving controlled substances, sex offenses, or any crime of violence.

(10) DISTRIBUTOR. A person that distributes consumable hemp products to retailers.

(11) HEMP. The term as defined in Section 2-8-381.

(12) INDEPENDENT TESTING LABORATORY. A laboratory that meets the requirements of Section 28-12-21.

(13) PRODUCER. An entity that produces and packages a consumable hemp product that is distributed within or into the state or sold to retailers in this state.

(14) RETAILER. A person located in this state and licensed by the board which sells consumable hemp products at retail in this state.

(15) THC. Any tetrahydrocannabinol derived from hemp, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, or delta-10-tetrahydrocannabinol.

(16) UNLAWFUL HEMP PRODUCT. Any product that is:

a. Specifically excluded from the definition of consumable hemp product;

b. Distributed or sold at retail in violation of Section 28-12-20;

c. Sold or offered for sale to a consumer in this state at an unlicensed location; or

d. Shipped or distributed directly to a consumer in violation of Section 28-12-60.
Ala. Code § 28-3-48 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-48
Section 28-3-48 Design and Promulgation of Form, Etc., of Stamps, Crowns or Lids Generally; Designation of Same
Status: in_force

The board shall design the form and kind of stamps, crowns or lids to be used and shall duly adopt and promulgate such form of stamps, crowns or lids. Such stamps, crowns or lids so adopted and promulgated shall be known and termed as “Alabama Revenue Stamps, Crowns or Lids” and in any information or indictment, it shall be sufficient to describe the stamps, crowns or lids as “Alabama Revenue Stamps, Crowns or Lids.”
Ala. Code § 28-3A-1.5 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-1.5
Section 28-3A-1.5 Nonprofit Special Events Retail License
Status: in_force

(a) Definitions.

As used in this section and Section 28-3A-6, the following words shall have the following meanings:

(1) NONPROFIT SPECIAL EVENTS RETAIL LICENSE. A license issued pursuant to subsection (b) for the sale of beer, wine, or liquor.

(2) QUALIFYING ORGANIZATION. A bona fide nonprofit organization operating in the state that satisfies all of the following requirements:

a. Operates without profit to the organization’s members.

b. Is exempt from taxation under Section 501 of the Internal Revenue Code.

c. Satisfies at least one of the following requirements:

1. Has been continuously in existence in the state for a minimum of three years.

2. Is affiliated with a parent organization that has been in existence in the state for a minimum of three years.

3. Has reorganized and is continuing its mission under a new name on file with the Secretary of State and with a new tax identification number after having satisfied the requirements set forth in either subparagraph 1. or 2.

(b) Licensed authorized.

The board may issue a nonprofit special events retail license for the sale of beer, wine, and liquor to a qualifying organization.

(c) Applications for nonprofit special events retail license.

(1) Applications for a nonprofit special events retail license shall be made with the board at least 25 calendar days prior to the event on forms provided by the board and shall be verified by oath or affirmation of an officer or director of the qualifying organization who is authorized to do so.

(2) The applicant shall provide the board all of the following:

a. Documentation to show that the nonprofit is a qualifying organization.

b. A notarized, signed statement of proper authority from the person signing the application.

c. Date, time, and address of the event location. The applicant may also include an alternate event date or location.

d. Documentation of authority for use of property for the requested event.

e. A copy of the letter notifying the local governing officials of the event.

(3) A qualifying organization that applies for a nonprofit special events retail license shall not be required to provide evidence of liquor liability insurance.

(4) The board may request additional documentation at its discretion.

(5) Nonprofit special event retail licenses are not renewable and are valid for a period not to exceed seven days, and are issued upon terms and conditions as the board may prescribe.

(d) Donated alcohol.

Beer, wine, and liquor may be donated by a nonlicensed person.

(e) Rulemaking authority.

The board may adopt rules necessary for the implementation and administration of this section and Section 28-3A-6.
Ala. Code § 28-4A-4 — Alabama Code / Title 28 / Chapter 4A / Section 28-4A-4
Section 28-4A-4 (Amended by Act 2026-512) Privilege and Excise Taxes Levied on Brewpub; Recordkeeping; Wholesaler Designee; Exemption from Sections 28-9-3 through 28-9-11
Status: in_force

AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) In addition to the licenses provided for by this chapter and any county or municipal license, there is levied on the brewpub for on-premises sales of beer brewed by the brewpub licensee the privilege or excise taxes imposed by Sections 28-3-184 and 28-3-190. Every brewpub licensee shall file the tax returns, pay the taxes, and perform all obligations imposed on wholesalers at the times and places set forth therein. It shall be unlawful for any brewpub licensee who is required to pay the taxes so imposed in the first instance to fail or refuse to add to the sales price and collect from the purchaser the required amount of tax, it being the intent and purpose of this provision that each of the taxes levied is in fact a tax on the consumer, with the brewpub licensee who pays the tax in the first instance acting merely as an agent of the state for the collection and payment of the tax levied by Section 28-3-184 and as an agent of the county or municipality for the collection and payment of the tax levied by Section 28-3-190. Taxes on beer shall be levied at the time the beer is allocated for the purpose of retail sale and not at the time the beer is dispensed for consumption.

(b) The brewpub shall be required to keep and maintain all of the records otherwise required to be kept and maintained by manufacturer, wholesaler, and retailer licensees.

(c) The brewpub shall appoint a licensed wholesaler designee in order to preserve Section 28-9-1. In addition, for on-premises sales of beer brewed by the brewpub licensee, the brewpub shall be exempt from Sections 28-9-3 through 28-9-11.
Ala. Code § 28-2-1 — Alabama Code / Title 28 / Chapter 2 / Section 28-2-1
Section 28-2-1 Procedure for Elections to Determine Classification of Counties as Wet or Dry Counties; Laws Applicable in Dry Counties
Status: in_force

(a) In every county where a majority of the electors voting in an election, called by the Governor to determine whether Chapter 3 of this title shall be adopted in the county, vote “Yes,” Chapter 3 and all of its provisions shall be immediately put into operation in such county, but in every county where a majority of the electors voting in the election vote “No,” Chapter 3 shall not go into effect in such county and all laws prohibiting the manufacture and sale of alcoholic liquors or beverages now in force and effect in Alabama shall remain in full force and effect in every such county. For the purpose of this chapter the term “wet county” shall mean any county which by a majority of those voting voted in the affirmative in the election provided for in this section, and “dry counties” shall be construed to mean all counties which by a majority of those voting voted in the negative in the election provided for in this section. Any county in the state may change its classification from wet to dry or from dry to wet under this section in the following manner: Upon the petition of 25 percent of the number of voters voting in the last preceding general election being filed with the probate judge of the county, the probate judge must call an election for the county to determine the sentiment of the people as to whether or not alcoholic beverages can be legally sold or distributed in the county. The election shall be held and the officers appointed to hold same in the manner provided by law for holding other county elections and the returns thereof tabulated and results certified as provided by law for such elections. The election shall be held within not less than 82 days, nor more than 97 days, from the date of filing of the petition and notice thereof shall be given by the probate judge by publication at least three weeks before the date of the election, in a newspaper in the county or, if there be none, by posting such notice at the courthouse apprising the voters of the county that an election will be held in the several precincts thereof to determine whether such county shall be wet or dry under the laws regulating alcoholic beverages. The cost of the election, including the cost of notice by publication, shall be paid out of the general funds of the county. On the ballot to be used for such election the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this county? Yes ____ No ____.” Only qualified voters shall vote in the election. If a majority of the voters voting in the election vote “Yes,” the county shall be wet or remain wet under the terms of this section until the county shall in a subsequent election held under this section change to a dry county. If a majority of the electors voting in the election vote “No,” the county shall be a dry county under the terms of Chapter 4 until it shall by a subsequent election, held under this section, vote wet. The elections in the counties may be held at any time; provided, that a period of not less than two years must elapse between the dates of such elections.

(b) In all dry counties, as defined in subsection (a), the statutes of Alabama prohibiting the manufacture, sale, or distribution of alcoholic beverages shall remain in full force and effect, and any person, firm, or corporation convicted of violating any of the provisions of law regulating or defining the illegal manufacture, sale, or distribution of alcoholic beverages shall be punished as provided by such laws.
Ala. Code § 28-4-322 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-322
Section 28-4-322 Several Charges May Be Set Out in Separate Counts in Indictments, Complaints, Etc.; Judgment Entered and Punishment Imposed Upon Each Count
Status: in_force

Indictments, complaints or affidavits for any violation of this chapter or any provision thereof or of any other statute of the state for the suppression of the evils of intemperance may set out several charges in separate counts, and the accused may be convicted and punished upon each one as upon separate indictments, complaints or affidavits, and judgment shall be entered on each count under which there is a finding of guilty.
Ala. Code § 28-3A-10 — Alabama Code / Title 28 / Chapter 3A / Section 28-3A-10
Section 28-3A-10 Warehouse License
Status: in_force

Upon applicant’s compliance with the provisions of this chapter and the regulations made thereunder, the board shall issue to applicant a warehouse license which will authorize the licensee to receive, store or warehouse alcoholic beverages within the state for transshipment inside and outside the state. No person other than a manufacturer or wholesaler licensee shall receive, store or warehouse alcoholic beverages with the state for transshipment inside and outside the state without first obtaining a warehouse license from the board.
Ala. Code § 28-4-5 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-5
Section 28-4-5 Applicability to Dry Municipalities
Status: in_force

This chapter as amended, is hereby amended to make the same consistent with the provisions of Chapter 2A of this title, so that this chapter shall be applicable in all “dry counties” (but not in “wet municipalities”) and in all “dry municipalities,” as the terms are used in Chapter 2A of this title.
Ala. Code § 28-7-1 — Alabama Code / Title 28 / Chapter 7 / Section 28-7-1
Section 28-7-1 Short Title
Status: in_force

This chapter shall be known as and may be cited as the “Alabama Table Wine Act.”
Ala. Code § 28-11-16 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-16
Section 28-11-16 Advertising Restrictions
Status: in_force

(a)(1) A retailer or manufacturer of electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise an electronic nicotine delivery system, e-liquid, or an alternative nicotine product in any of the following ways:

a. As a tobacco cessation product.

b. As a healthier alternative to smoking.

c. As available for purchase in any variety of flavors other than tobacco, mint, or menthol on any outdoor billboard.

d. On any outdoor billboard located within 1,000 feet of any public or private K-12 school or public playground.

(2) Paragraphs (1)a. and (1)b. are not applicable to products that have received an order from the FDA permitting the product to be marketed as a modified risk tobacco product and are marketed in accordance with that order.

(b)(1) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not in any way sponsor, finance, or advertise a scholarship of any kind using the brand name of any tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system.

(2) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not use the brand name of any tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system to advertise at or sponsor any event at a stadium, concert, sporting event, or other public performance event for which individuals 21 years of age or older make up less than 85 percent of the total age demographic of individuals performing at the event.

(3) A specialty retailer of electronic nicotine delivery systems or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise a tobacco product, electronic nicotine delivery system, e-liquids, or alternative nicotine product in a newspaper, magazine, periodical, or other print or digital publication distributed in this state for which less than 85 percent of the viewership or readership of the publication is made up of individuals 21 years of age or older as measured by competent and reliable survey evidence.

(c)(1) A violation of subsection (a) or subsection (b) shall result in a three hundred dollar ($300) fine for the first occurrence.

(2) A second or subsequent violation of subsection (a) or subsection (b) shall result in a seven hundred fifty dollar ($750) fine per occurrence.

(3) Each day a violation of subsection (a) or subsection (b) persists shall constitute a separate and subsequent violation.

(d) A retailer or manufacturer of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise, market, or offer for sale tobacco, a tobacco product, an electronic nicotine delivery system, an e-liquid, or an alternative nicotine product in any of the following ways:

(1) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, the terms “candy” or “candies,” any variant of these words, or any other term referencing a type or brand of candy, including types or brands of candy that do not include the words “candy” or “candies” in their names or slogans.

(2) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, the terms “cake” or “cakes” or “cupcake” or “cupcakes” or “pie” or “pies,” any variant of these words, or any other term referencing a type or brand of cake, pastry, or pie, including types or brands of cakes, pastries, or pies that do not include the words “cake” or “cakes” or “cupcake” or “cupcakes” or “pie” or “pies” in their names or slogans.

(3) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that imitates or replicates those of food brands or other related products that are marketed to minors, including, but not limited to, breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops.

(4) By using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that depicts or signifies characters or symbols that are known to appeal primarily to minors, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery.

(e) The board may adopt rules to implement this section, including rules regarding the suitability of labels and procedures to reject advertising that appeals to minors, including, but not limited to, the design of a product, its packaging, or its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery. The board may adopt rules to implement an appeal process to review any labels that are denied.

(f) Any item found in violation of subsection (d) is a prohibited item and shall be considered contraband and may be seized as provided by Section 28-11-14 by an agent of the board or any law enforcement officer.

(g) A specialty retailer of electronic nicotine delivery systems may have a sign indicating the trade name of the business. However, no additional signs, banners, or flashing lights of any kind may be visible to the public from outside of the business advertising that the business sells electronic nicotine delivery systems, alternative nicotine products, or e-liquids, including any depictions or representations of any such products.

(h) All fines and other monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.
Ala. Code § 28-3-7 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-7
Section 28-3-7 Persons, Firms, Etc., Receiving, Storing, Selling or Handling Alcoholic Beverages to Preserve Invoices, Books, Papers, Etc., Relating Thereto; Audit and Inspection of Invoices, Books, Etc., by Board
Status: in_force

It shall be the duty of every person, firm, corporation, club or association of persons, receiving, storing, selling or handling alcoholic beverages enumerated in this chapter in any manner whatsoever to keep and preserve all invoices, books, papers, cancelled checks or other memoranda touching the purchase, sale, exchange or receipt of any and all such alcoholic beverages for a period of three years.

All such invoices, books, papers, cancelled checks or other memoranda shall be subject to audit and inspection by any duly authorized representative of the board at any and all times.

Any person, firm, corporation, club or association of persons who fails or refuses to keep and preserve the records as required by this section or who upon request by a duly authorized agent of the board fails or refuses to allow an audit or inspection of records as provided in this section shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than $50.00 nor more than $200.00, or by imprisonment in the county jail for a period not to exceed 90 days for each offense.