reglab/housing_qa huggingface dataset:
AL Code § 28-7-24 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7 - Importation, Distribution, and Sale of Table Wine.|Section 28-7-24 - Repealer; Application of Certain Taxes.

Section 28-7-24Repealer; application of certain taxes. All laws or parts of laws which conflict or are inconsistent with this chapter are hereby repealed. The taxes imposed by Sections 28-3-200, 28-3-201, 28-3-202, 28-3-203 and 28-3-204 do not apply to the sale of table wine; provided, that, nothing herein contained shall be construed to relieve any person from any tax liability, penalty or forfeiture incurred thereunder or under any local tax, county or municipal, hereby repealed, nor be construed to repeal any provision of law respecting the enforcement of any such tax liability, penalty or forfeiture incurred; provided further, that nothing herein contained shall be construed to repeal or as repealing Chapter 6 of this title. (Acts 1980, No. 80-382, p. 505, §25.)
AL Code § 28-7A-1 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7A - Audit and Collection of Taxes on Beer or Table Wine by Board for Benefit of Local Governing Bodies.|Section 28-7A-1 - Definitions.

Section 28-7A-1Definitions. For the purpose of this chapter, the following terms shall have the following meanings: (1) BOARD. The Alcoholic Beverage Control Board. (2) LOCAL GOVERNING BODY. Any county or municipal commission, council or other governing body or any official of any county or municipality that is authorized by Sections 28-3-190 and 28-7-16, to collect taxes levied by the State of Alabama upon the sale of any beer or table wine. (Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §1.)
AL Code § 28-7A-2 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7A - Audit and Collection of Taxes on Beer or Table Wine by Board for Benefit of Local Governing Bodies.|Section 28-7A-2 - Authorization of Board to Audit and Collect Taxes Levied Upon Sale of Beer or Table Wine; Retention or Reclamation of Authority by Local Governing Body.

Section 28-7A-2Authorization of board to audit and collect taxes levied upon sale of beer or table wine; retention or reclamation of authority by local governing body. Any local governing body may, prior to October 1, 1988 or at any time thereafter, elect to authorize the board to audit and collect any and all taxes levied pursuant to Sections 28-3-190 and 28-7-16, upon the sale of any beer or table wine. Any local governing body may elect to retain, or at any time after October 1, 1988, by an appropriate resolution or ordinance duly adopted and spread upon its minutes, elect to retain or reclaim the power and authority granted to it by Sections 28-3-190 and 28-7-16, to audit and collect any such taxes, whereupon said taxes shall be paid to and collected by the local governing body as provided in said sections. (Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §2; Acts 1989, Ex. Sess., No. 89-990, p. 35, §1.)
AL Code § 28-7A-3 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7A - Audit and Collection of Taxes on Beer or Table Wine by Board for Benefit of Local Governing Bodies.|Section 28-7A-3 - Collection and Disposition of Moneys From Taxes on Beer or Table Wine; Fee Payable to Board.

Section 28-7A-3Collection and disposition of moneys from taxes on beer or table wine; fee payable to board. The taxes on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, to be collected by any local governing body, except as provided in Section 28-7A-2, shall be paid when due in accordance with the applicable law to the board for the use and benefit of such local governing body. The board shall collect the revenues generated by such tax at the same time and in the same manner as provided for collection by the local governing body. The taxes so collected shall be deposited into a special fund for the local governing body and paid by the board to the treasury of the local governing body for which they were collected within 25 days after the end of the month in which such funds are received by the board. Provided, however, that the board shall retain two and one-half percent of the tax due to the local governing body as a fee to the board for auditing, collecting, disbursing and administering the tax. The sum so retained by the board shall be deposited to the credit of the General Fund of the state and dispersed therefrom according to law. Each such local governing body shall further distribute such proceeds in the manner provided by law. (Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §3.)
AL Code § 28-7A-4 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7A - Audit and Collection of Taxes on Beer or Table Wine by Board for Benefit of Local Governing Bodies.|Section 28-7A-4 - Receipt of Fee or Percentage of Taxes by Probate Judge or Officials.

Section 28-7A-4Receipt of fee or percentage of taxes by probate judge or officials. Any provisions of this chapter to the contrary notwithstanding, the probate judge or any official or agent of any local governing body or any other person who, by statute applicable on October 1, 1988, receives a fee as a percentage of the tax for collecting such tax on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, shall continue to receive the said fee or percentage. (Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §4.)
AL Code § 28-7A-5 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7A - Audit and Collection of Taxes on Beer or Table Wine by Board for Benefit of Local Governing Bodies.|Section 28-7A-5 - Reports, Forms and Other Information; Rules and Regulations.

Section 28-7A-5Reports, forms and other information; rules and regulations. The board shall prepare and distribute such reports, forms and other information as may be necessary for the collection and distribution of the said taxes. The board is authorized to promulgate all reasonable rules and regulations necessary to implement the provisions of this chapter. (Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §5.)
AL Code § 28-7A-6 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 7A - Audit and Collection of Taxes on Beer or Table Wine by Board for Benefit of Local Governing Bodies.|Section 28-7A-6 - Board Authorized to Inspect, Examine and Audit Books and Records of Wholesaler Licensees and Retail Sellers of Alcoholic Beverages.

Section 28-7A-6Board authorized to inspect, examine and audit books and records of wholesaler licensees and retail sellers of alcoholic beverages. The board shall have the authority to inspect, examine and audit the books and records of any wholesaler licensee who sells, stores or receives for the purpose of distribution, any alcoholic beverages, to verify the proper filing and to determine the accuracy of any state or local tax return required to be filed by the wholesaler, and to determine the payment of all state and local taxes when and where due with respect to any state or local tax levied on alcoholic beverages by statute. In pursuance of said authority, the board shall have the further authority to inspect, examine and audit the books and records of any person, firm, corporation, club or association who sells at retail any alcoholic beverages. (Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §6.)
AL Code § 28-8-1 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-1 - Legislative Policy and Intent.

Section 28-8-1Legislative policy and intent. Pursuant to the authority of this state under the Twenty-first Amendment to the United States Constitution, the policy and intent of the Legislature in the enactment of this chapter are to further regulate and control alcoholic beverage transactions in Alabama under the control and supervision of the Alcoholic Beverage Control Board; to promote and assure the public's interest in fair and efficient distribution and quality control of alcoholic beverages in Alabama; to promote orderly marketing of alcoholic beverages; to promote vigorous inter-brand competition; and to facilitate collection of state and local revenue. (Acts 1984, No. 84-374, p. 876, §1.)
AL Code § 28-8-2 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-2 - Designation of Exclusive Sales Territory and Exclusive Wholesaler.

Section 28-8-2Designation of exclusive sales territory and exclusive wholesaler. Each manufacturer or importer of alcholic beverages licensed by the board authorizing such licensee to sell its alcoholic beverages within the State of Alabama, whose alcoholic beverages are sold through wholesale licensees of the board to retail licensees of the board, shall designate exclusive sales territories for each of its brands sold in Alabama and shall name one licensed wholesaler for each such sales territory who, within such territory, shall be the exclusive wholesaler for said brand or brands; provided where a manufacturer or importer licensee has more than one brand of alcoholic beverages sold within this state, such licensee may designate the exclusive sales territory to a different wholesaler for the sale of each of its brands and may designate a different sales territory for each of its brands. Such manufacturer or importer licensee shall enter into a territorial agreement, in writing, designating the exclusive territory and authorizing the sale by a designated licensed wholesaler of that brand or brands within the designated territory. Such manufacturer or importer shall not designate more than one wholesaler for each brand for all or any part of a designated sales territory, and the written territorial agreement shall not provide for the distribution of a brand or brands to more than one licensed wholesaler for all or any part of the designated territory. All such territorial agreements shall be filed with the board. (Acts 1984, No. 84-374, p. 876, §2.)
AL Code § 28-8-3 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-3 - Territorial Agreement May Not Establish or Maintain Resale Price.

Section 28-8-3Territorial agreement may not establish or maintain resale price. No provision of any territorial agreement shall, expressly or by implication, or in its operation, establish or maintain the resale price of any brand or brands of alcoholic beverages by the wholesaler. (Acts 1984, No. 84-374, p. 876, §3.)
AL Code § 28-8-4 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-4 - Modification of Designated Sales Territory or Territorial Agreement.

Section 28-8-4Modification of designated sales territory or territorial agreement. No modification of either the designated sales territory or any territorial agreement shall be effective (i) until written notice thereof shall have been given by the manufacturer or importer to the wholesaler; (ii) until written notice thereof, together with the affidavit of the manufacturer stating that the level of service within the designated territory will not be adversely affected by the change, shall have been filed with the board; and (iii) until the board shall have verified that the level of service within the designated territory will not be adversely affected by the change. Provided, however, board verification shall not be required where the board has suspended or revoked the license of the wholesaler, shall not be unreasonably withheld and shall be completed within a reasonable time not to exceed 30 days from the date of filing with the board. The notice shall be given after recognizing all rights of the wholesaler and duties of the manufacturer or importer. Nothing in this chapter shall impair or alter contractual rights, duties or obligations of manufacturer, importer or wholesaler, including but not limited to the termination thereof. (Acts 1984, No. 84-374, p. 876, §4.)
AL Code § 28-8-5 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-5 - Wholesaler Service and Quality Control.

Section 28-8-5Wholesaler service and quality control. The wholesaler licensee designated as the exclusive wholesaler for a brand or brands within a designated territory must service retail licensees within that territory without discrimination, and shall service for the purpose of quality control all of the alcoholic beverages sold by that wholesaler to retailers within such territory. Each such wholesaler shall provide such additional quality control services and comply with such additional quality control standards as are specified in writing from time to time by the owner of the trademark of the brand or brands of alcoholic beverages, provided those activities or standards are reasonable and are reasonably related to the maintenance of quality control, and provided that the wholesaler has received written notice thereof. (Acts 1984, No. 84-374, p. 876, §5.)
AL Code § 28-8-6 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-6 - Board Verification of Reporting and Payment of Taxes.

Section 28-8-6Board verification of reporting and payment of taxes. The board shall have the authority to inspect, examine and audit the books and records of any wholesaler licensee who sells, stores or receives for the purpose of distribution, any alcoholic beverages, to verify the proper filing and to determine the accuracy of any state or local tax return required to be filed by the wholesaler, and to determine the payment of all state and local taxes when and where due with respect to any state or local tax levied on alcoholic beverages by statute. In pursuance of said authority, the board shall have the further authority to inspect, examine and audit the books and records of any person, firm, corporation, club or association who sells at retail any alcoholic beverages. Provided, however, this section imposes no duty upon the board to inspect, examine and audit with respect to local taxes on alcoholic beverages. (Acts 1984, No. 84-374, p. 876, §6.)
AL Code § 28-8-7 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-7 - Definitions.

Section 28-8-7Definitions. The words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor. (Acts 1984, No. 84-374, p. 876, §7.)
AL Code § 28-8-8 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8 - Exclusive Sales Territories and Wholesalers.|Section 28-8-8 - Unlawful Acts and Offenses; Penalties.

Section 28-8-8Unlawful acts and offenses; penalties. (a) Unlawful acts and offenses. It shall be unlawful: (1) For any manufacturer or importer licensed by the board to sell its brand or brands of alcoholic beverages in the State of Alabama to any person, except through the board in the case of spirituous liquor and wine, other than to a licensed wholesaler designated as the exclusive wholesaler for said brand or brands. (2) For any wholesaler to sell to a retail licensee any brand of alcoholic beverages in the State of Alabama, except in the sales territory designated by the manufacturer or importer licensee and set forth in a written territorial agreement authorizing the sale by such wholesaler licensee of that brand within a designated territory; provided, however, a licensed wholesaler may, with the approval of the board, service a territory outside the territory designated to it during periods of temporary service interruptions when so requested by the manufacturer or importer and the designated wholesaler within such territory whose service is temporarily interrupted. (3) For any wholesaler to sell to a retail licensee any brand of alcoholic beverages in the State of Alabama unless there is in effect a territorial agreement in writing between the licensed manufacturer or importer thereof and said licensed wholesaler authorizing the sale by such wholesaler of that brand within a designated territory. (4) For any licensed retailer to purchase any brand of alcoholic beverages from any wholesaler which has not been designated by the licensed manufacturer or importer thereof as the wholesaler for such brand for the sales territory within which the retailer's place of business is located. (b) Penalties. Any violations of the provisions of this chapter subject the licensee to suspension or revocation of its license or to the levy of a fine in lieu of such suspension or revocation as set forth in Section 28-3A-24. (Acts 1984, No. 84-374, p. 876, §8.)
AL Code § 28-8A-1 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8A|Section 28-8A-1 - Legislative Intent and General Provisions.

Section 28-8A-1Legislative intent and general provisions. (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 1901, in order to regulate the traffic of alcoholic beverages and to substitute the regulations and oversight established in Act 2021-419 for the application of federal and state antitrust laws that otherwise would apply to any potential anti-competitive effects of this title. For the avoidance of doubt, the intent of the Legislature is to maintain the uniform three-tier system of control over the sale, purchase, taxation, transportation, manufacture, consumption, and possession of alcoholic beverages in the state to promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring the state shall be able to register, audit, inspect, seize, recall and test alcoholic beverages shipped into, distributed, and sold throughout this state; and this expression of the policy and intent of the Legislature is intended to satisfy the clear articulation test for state action immunity as has been established by the United States Supreme Court in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., et al. (b) If any provision of this chapter, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to further limit rather than expand commerce in alcoholic beverages, including by prohibiting any commerce in alcoholic beverages not expressly authorized, and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the existing uniform system of regulation of alcoholic beverages. (Act 2021-419, §4.)
AL Code § 28-8A-3 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8A|Section 28-8A-3 - Existing Franchise Laws.

Section 28-8A-3Existing franchise laws. (a) This chapter does not apply to regulation of beer franchises. (b) Nothing in this chapter shall be deemed to repeal or amend wine franchise laws existing on August 1, 2021. This article is intended to provide wine franchise regulation for counties in which regulation does not exist by local law, and to leave in effect and unchanged existing local wine franchise laws in Baldwin, Jefferson, Mobile, Montgomery, and Shelby Counties. (Act 2021-419, §4.)
AL Code § 28-8A-4 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8A|Section 28-8A-4 - Territorial Agreements.

Section 28-8A-4Territorial agreements. Each supplier of wine licensed by the board to sell its wine within the State of Alabama shall sell its wine through wholesaler licensees of the board and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with Chapter 8. (Act 2021-419, §4.)
AL Code § 28-8A-6 (2021)
2021 Code of Alabama|Title 28 - Intoxicating Liquor, Malt Beverages and Wine.|Chapter 8A|Section 28-8A-6 - Wholesaler Prohibitions.

Section 28-8A-6Wholesaler prohibitions. A wholesaler shall not do any of the following: (1) Fail to devote reasonable efforts and resources, within its supplier-designated sales territory, to the sale and distribution of all the supplier's brands of wine which the wholesaler has been granted the right to sell or distribute. (2) Sell or deliver wine to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of wine. Notwithstanding the foregoing, during periods of temporary service interruptions impacting a particular sales territory, a wholesaler who normally services the impacted sales territory shall file with the board and give to the affected supplier written notice designating the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will service the sales territory during the period of temporary service interruption and the approximate length of time for the service interruption. Each wholesaler designated to temporarily service the sales territory shall be a wholesaler who has a current written agreement with the supplier for the brand or brands affected. When the temporary service interruption is over, the wholesaler who normally services the sales territory shall notify in writing the board, the supplier, and the wholesaler, or wholesalers, servicing the sales territory on a temporary basis of this fact, and any wholesaler servicing the sales territory on a temporary basis shall cease servicing the sales territory upon receipt of notice. A wholesaler who is designated to service the impacted sales territory during the period of temporary service shall not be in violation of this chapter, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 28-8A-7 and 28-8A-9. (3) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business, and, where required by this section, receiving the supplier's approval for the proposed transfer. Provided, the consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or any transfer of less than control of the wholesaler's business. Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler. (Act 2021-419, §4.)