reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-1 - ORGANIZATION › Section 20-X-1-.01 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama
			 Alcoholic Beverage Control Board is comprised of three members who are
			 appointed by the Governor with the advice and consent of the Senate. One member
			 is designated by the Governor to serve as Chairman of the Board. The ABC Board
			 shall hold meetings at such times as shall be necessary to transact the
			 business affairs of the Agency. The time, date and location of each ABC Board
			 meeting shall be provided to the public for a reasonable time prior
			 thereto.
(2) The ABC Board is
			 vested with the authority to carry out the provisions of Title 28,
Code of Ala. 1975
, and to promulgate rules and
			 regulations not inconsistent therewith.
(3) The public may obtain information or make
			 submissions or requests by contacting the Administrative Procedures Secretary,
			 Alabama Alcoholic Beverage Control Board, P.O. Box 1151, Montgomery, Alabama
			 36101. The Secretary may also be contacted by calling (334) 213-6304.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-40,
				  28-3-49,
				  28-11-4.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-2 - GENERAL PROVISIONS › Section 20-X-2-.02 - Possession Of ABC Board Regulations On Licensed Premises

Current through Register Vol. 42, No. 9, June 28, 2024
Each ABC Board licensee is urged to maintain a current copy of
				the ABC Board's Rules and Regulations at each licensed establishment and shall
				be responsible for the content thereof.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-2 - GENERAL PROVISIONS › Section 20-X-2-.03 - Violations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any violation
			 of any statute or law of the State of Alabama pertaining to alcoholic
			 beverages, or of any regulation of the ABC Board, by any licensee, officer,
			 agent, servant or employee of such licensee, shall subject such licensee to any
			 one of the following discretionary actions or penalties by the ABC Board or its
			 Hearing Commission:
(a) Verbal or written
			 reprimand;
(b) Suspension of the
			 alcoholic beverage license;
(c)
			 Revocation of the alcoholic beverage license;
(d) Fine not to exceed $1,000.00.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-2 - GENERAL PROVISIONS › Section 20-X-2-.04 - Claims From Law Officers For Fees

Current through Register Vol. 42, No. 9, June 28, 2024
No claims for reward as allowed by Section
				28-4-25,
Code of Ala. 1975
, will be honored or paid by the
				Alabama ABC Board unless the certificate required in said statute be properly
				issued by a judge and filed with the ABC Board within 45 days from the date of
				the conviction for which the reward is sought, and if an appeal is taken from
				said conviction, then 30 days from the date said conviction is upheld or
				affirmed by the Appellate Court.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-4-25.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-2 - GENERAL PROVISIONS › Section 20-X-2-.05 - Public Petition For Rule Modification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person wishing to request
			 that the ABC Board adopt, amend or repeal a rule or regulation may do so by
			 submitting a written request in duplicate to the Administrative Procedures
			 Secretary of the ABC Board, P.O. Box 1151, Montgomery, Alabama 36101. The
			 petition shall be deemed to be submitted upon receipt.
(2) The petition shall be submitted to the
			 ABC Board for its consideration and majority rule shall govern the disposition
			 thereof. The petitioner shall be notified in writing of the disposition of the
			 petition. If the petition is denied, the reason(s) therefore shall be
			 stated.
(3) The petition shall
			 contain:
(a) The petitioner's name;
(b) The relief sought (i.e., adoption,
			 amendment or repeal);
(c) The facts
			 necessary to an understanding of the request; and
(d) The petitioner's reasons in support of
			 the request.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-3 - PROCEDURES IN CONTESTED CASES › Section 20-X-3-.02 - Hearing Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Hearing Commission shall be comprised of at least three people designated by
			 the ABC Board, one of whom, unless otherwise designated, shall be the ABC Board
			 Administrator. Hearings before the Hearing Commission shall be conducted before
			 the Administrator and two other persons from a pool of designated
			 Commissioners. The Administrator shall be the Chairperson thereof, but may at
			 his/her discretion, appoint a representative from the designated pool of
			 Commissioners to chair the Commission in his/her absence.
(2) The Hearing Commission shall convene at
			 least once a month, unless otherwise designated by the Administrator.
(3) Contested license applications and
			 disciplinary charges against a licensee may be referred to the Hearing
			 Commission for appropriate action.
(4) The Hearing Commission shall in each case
			 referred to it, conduct a hearing, and thereafter, take one of the following
			 discretionary actions:
(a) Find no cause for
			 action by the Commission or insufficient evidence to justify any action under
			 the complaint and dismiss the complaint;
(b) Issue a written reprimand;
(c) Suspend or revoke the license;
(d) Fine the licensee up to $1,000.00 for
			 each separate offense;
(e) Grant or
			 deny the license in application cases.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-3 - PROCEDURES IN CONTESTED CASES › Section 20-X-3-.03 - Notification Of Licensees Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All notices required by law to be given
			 to ABC Board licensees, pursuant to and in connection with hearings before the
			 ABC Board or the Hearing Commission on questions of disciplinary matters,
			 revocations, suspensions, or renewal of and applications for ABC Board
			 licenses, or the results of any such hearings, may be effectively given by any
			 one of the following methods:
(a) By an agent
			 of the ABC Board delivering a copy of such notice to the licensee or, to
			 whomever is in charge of the licensed premises at the time of serving such
			 notice;
(b) By sending notice via
			 U.S. Mail, return receipt requested, proper postage prepaid, addressed to such
			 licensee at the address of the licensed establishment, or the mailing address
			 furnished by such licensee on the license application;
(c) In the event the licensed establishment
			 is closed by order of a court or is not operating for some other reason, by an
			 agent of the ABC Board posting a copy of such notice to the door of such
			 establishment and the ABC Board sending a copy of such notice via U.S. Mail,
			 proper postage prepaid, addressed to such licensee at the mailing address
			 furnished to the ABC Board by such licensee.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-4 - SALES BY ABC BOARD STORES › Section 20-X-4-.01 - Operation Of ABC Board State Liquor Stores

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The ABC Board state liquor stores shall
			 operate on the days specified by the ABC Board Administrator.
(2) The hours of operation and staffing of
			 the ABC Board state liquor stores shall be determined by the ABC Administrator
			 for each store.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-42(a);
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-4 - SALES BY ABC BOARD STORES › Section 20-X-4-.02 - Markup For Liquor Sales By ABC Board State Liquor Stores

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The wholesale
			 price for case lot sales of liquor and fortified wine shall include a markup of
			 16.99% of the cost plus freight.
(2) The wholesale price for bottle sales of
			 liquor and fortified wine shall include a markup of 35% of the cost plus
			 freight.
(3) The retail price for
			 sales of liquor shall include a markup of 35% of the cost plus
			 freight.
(4) These markups are to
			 be applied in such a way that they are the total markups, exclusive of taxes,
			 and net of any discounts allowed licensees, used in the normal pricing policy
			 of the ABC Board. The ABC Board will, from time to time at its discretion,
			 adjust these markups for such circumstances as:
(1) timing to adjust for price increases or
			 decreases by distillers;
(2)
			 deciding whether short-term and/or small discounts extended by the distiller
			 are to be passed through to customers;
(3) depletion of inventory of slow moving
			 items that are to be closed out; and
(4) for other unique market
			 circumstances.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-4 - SALES BY ABC BOARD STORES › Section 20-X-4-.03 - Markup For Table Wine Sales By ABC Board State Liquor Stores

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The retail
			 price for sales of table wines in ABC Board retail stores shall include markups
			 set by the ABC Board. All bottles of table wine offered for sale at any given
			 time will not necessarily have the same percentage markup.
(2) From time to time the ABC Board, at its
			 discretion, may adjust these prices and markups.
(3) These prices and markups will be set at
			 meetings of the ABC Board.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-43,
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.02 - ABC Board License Application Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On initial contact by an applicant, the
			 ABC Board personnel will collect the filing fee and may assist in filling out
			 the application, retaining the original and giving the applicant a copy upon
			 request. Responsibility for the truth and veracity of all information provided
			 by the applicant, shall in all cases, remain with the applicant.
(2) No alcoholic beverages shall be on the
			 premises listed on the application until the license has been issued.
			 Thereafter, all alcoholic beverages must be purchased in accordance with
			 Chapter 3A of Title 28,
Code of Ala. 1975
.
(3) The applicant shall be responsible for
			 providing a copy of the completed application to the appropriate local
			 governmental authority for processing. The local authority will provide the ABC
			 Board with written confirmation of their decision. The applicant shall be
			 responsible for ensuring the governmental authority's decision is provided to
			 the ABC Board.
(3) The ABC Board
			 personnel, upon receiving the decision from the local authority, shall collect
			 the appropriate license fee from the applicant.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-3(b).
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.03 - Club Retail Liquor License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) There shall be two classes of Club Retail
			 Liquor Licenses as defined in Section
			 28-3-1(8),
Code of Ala. 1975
.
(2) With prior ABC Board approval, licensees
			 who are valid United States Uniformed Services national organizations, may use
			 the information required by their national membership application in lieu of
			 the information required herein.
(3) Upon initial application for a Class I
			 Club Retail Liquor License and with each renewal thereafter, the applicant
			 shall present to the ABC Board as part of the application process, good and
			 sufficient evidence that the applicant is a bona fide non-profit organization
			 and exists solely for the object set forth in Section
			 28-3-1(8)(a)(b),
Code of Ala. 1975
.
(4)
(a) All
			 Class I and Class II membership applications shall contain at least the
			 following:
1. Applicant's name and date of
			 birth.
2. Home address and
			 telephone number.
3. Occupation and
			 place of employment.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.04 - Lounge Retail Liquor License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A Lounge Retail Liquor License may be
			 issued to any person, partnership, association, or corporation authorized to do
			 business in the State of Alabama once all state and local requirements are met
			 and approval is granted.
(2) There
			 shall be two classes of Lounge Retail Liquor Licenses.
(a) Class I will permit the licensee to sell
			 alcoholic beverages for on-premises and off-premises consumption. All sales for
			 off-premises consumption shall be in original unopened containers.
(b) Class II will permit the licensee to sell
			 alcoholic beverages only for off-premises consumption in the original unopened
			 containers, except wine in a pre-mixed formula, which does not include any
			 other alcoholic beverage additives and may be used in machines to make frozen
			 beverages and repackaged in containers approved by the board and shall comply
			 with the requirements of
			 20-X-5-.13.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.05 - Restaurant Retail Liquor License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Restaurant Retail Liquor licenses shall
			 be issued only to reputable persons for locations which are "habitually and
			 principally" used for the purpose of preparing and serving meals, as defined in
			 20-X-2-.01, for
			 the public to consume on the licensed premises during normal and reasonable
			 dining hours. Only those locations whose customary and primary business is
			 preparing and serving meals to the public will be issued a Restaurant Retail
			 Liquor license.
(2) Restaurant
			 Retail Liquor license applicants shall comply with all pertinent and related
			 requirements of state, county, and where applicable, municipal health
			 departments prior to licensing and shall remain in compliance thereafter for as
			 long as the license shall remain valid.
(3) All Restaurant Retail Liquor licensees
			 shall have a fully equipped and operational kitchen on the licensed premises.
			 The licensee shall maintain and operate the kitchen and shall, upon order of a
			 customer, prepare and serve all food items shown on its menu. The kitchen shall
			 be stocked sufficiently with food items. Exceptions shall be made where there
			 is a known and provable shortage or temporary unavailable supply of a food
			 item.
(4) A Restaurant Retail
			 Liquor applicant or licensee shall, upon request, provide to the ABC Board, any
			 records, books, ledgers, menus, receipts, or other documentation necessary to
			 demonstrate compliance with this regulation.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-1(22);
				  28-3-49;
				  28-3A-13.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.06 - Package Sales

Current through Register Vol. 42, No. 9, June 28, 2024
Lounge Retail Liquor licensees and Club Liquor Retail licensees
				are authorized to sell alcoholic beverages for off-premises consumption only in
				original unopened containers, except Lounge Retail Liquor Licensees may sell
				wine in a pre-mixed formula, which does not include any other alcoholic
				beverage additives and may be used in machines to make frozen beverages and
				repackaged in containers approved by the board.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-11;
				  28-3A-12.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.07 - Separate Facilities/Adjoining Facilities - Licenses Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Separate ABC
			 licenses shall be obtained for a place of business with two or more entrances
			 which lead to separate rooms where alcoholic beverages are sold or
			 served.
(2) It is not the intent of
			 this regulation to require two licenses when multiple entrances lead into one
			 room or more than one room under the same management, if all areas are
			 connected by passages or doors ordinarily used by patrons who are customarily
			 served from the same stock of alcoholic beverages (when all other requirements
			 of Alabama law are met).
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-23(e).
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.08 - Renewal Of Alcoholic Beverage License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A renewal application for an alcoholic
			 beverage license must be filed with the ABC Board on or before August 1 of each
			 year. No renewal application will be accepted unless accompanied by the
			 appropriate state and county license fees.
(2) Any alcoholic beverage 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 such license year
			 by payment of appropriate state and county licensing and filing fees and a
			 penalty of fifty percent thereof. 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 shall be made and a new
			 license issued before continuation of the business.
(3) When an original alcoholic beverage
			 license is issued after August 1 of a license year, a renewal application shall
			 be filed online immediately after the issuance of the original
			 license.
(4) No alcoholic beverage
			 licensee may purchase, receive, store, ship, sell or give away any alcoholic
			 beverage(s) or enjoy any of the rights and privileges of the license after the
			 expiration thereof.
(5) Objections
			 and protests concerning alcoholic beverage licenses shall be submitted to the
			 ABC Board within a reasonable time prior to June 1, sufficient for the ABC
			 Board to process the protests and to notify the licensee within the prescribed
			 time period. Interested parties which may lodge license objections or protests
			 include, but are not limited to: state, county and municipal governmental
			 agencies.
(6) The ABC Board may
			 exercise broad discretion in granting, denying or renewing any
			 license.
(7) Licensees are
			 responsible for the accuracy and truthfulness of all data, including updating
			 contact information, as required in the online renewal system. Falsifying
			 information may result in disciplinary action, including but not limited to,
			 revocation of the license.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-5.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.09 - Change Of Ownership, Management, Trade Name Or Name Of Contact Information Of Licensed/Permitted Establishments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) ABC Board licenses shall be deemed to
			 expire, terminate, or otherwise be void when there is a substantial change of
			 ownership in the licensed business; when a licensed business is leased, rented
			 or abandoned, or when possession is otherwise surrendered to another party or
			 parties. However, a license may be transferred as provided by statutes and
			 these regulations. A license issued to a corporation does not terminate by
			 transfer of ownership of its stock, and no transfer of license is required even
			 with a complete change in ownership of the capital stock of a corporate
			 licensee, although the provisions of section (4), below, do apply.
(2) Upon the death of an individual licensee,
			 sale of the licensed business, temporary closing of the licensed business, or
			 other interruption in the operation of a licensed business, the license shall
			 immediately be delivered to the local ABC Board field office, to be held
			 pending the reopening of said business according to these regulations. However,
			 where there is a surviving partner in a partnership entity possessing a
			 license, or a surviving spouse of a deceased licensee, such survivor may
			 complete the current license year operating as a licensee, having the same
			 rights and responsibilities as the named licensee, without obtaining a new
			 license, provided:
(a) the survivor notifies
			 the ABC Board in writing within twenty (20) days after the death of the
			 licensee, and
(b) the survivor is
			 otherwise qualified to hold a license. A surviving spouse or partner must
			 complete a new application in his/her own name and receive local and state
			 approval prior to operation the next license year.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.10 - License Transfer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 alcoholic beverage license may be transferred once in any license year from one
			 location to another, within the same governing jurisdiction, upon approval by
			 the ABC Board. Any alcoholic beverage license may also be transferred once in
			 any license year from one licensee to another person, corporation or
			 association for that particular location, upon approval by the ABC
			 Board.
(2) Before a license may be
			 transferred from one licensee to another person, a transferee must:
(a) Be qualified to receive an original
			 license.
(b) Pay a non-refundable
			 filing fee of $50.00 to the ABC Board.
(c) File a transfer application, as if
			 applying for an original license, within twenty (20) days after the transferee
			 assumes control of the licensed premises; if alcoholic beverages are possessed
			 or sold at said location, the original licensee shall continue to be
			 responsible for the conduct and operation of this aspect of the business until
			 the ABC Board approves said transfer and issues the appropriate
			 license.
(d) Complete the transfer
			 application process and secure any necessary local governing authority
			 approval, within sixty (60) days after notification to the ABC Board of said
			 intent to transfer.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.12 - Special Events Retail License And Special Retail License

Current through Register Vol. 42, No. 9, June 28, 2024
A Special Events Retail license may be issued only after all
				the requirements of Section
				28-3A-20,
Code of Ala. 1975
, have been met and only for a
				special event. A Special Retail license may be issued only after all the
				requirements of Section
				28-3A-19,
Code of Ala. 1975
, have been met. A Special Retail
				license will not be issued for an occurrence that is in essence, a special
				event.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-19;
				  28-3A-20.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.13 - Regulation Of Licensees Operating As "Package Stores"

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to all other requirements of
			 law or rules and regulations of the ABC Board, all private club licensees and
			 all lounge retail liquor licensees which operate their licensed premises
			 primarily for the off-premises sale of alcoholic beverages shall comply with
			 the following conditions:
(a) The licensee
			 shall have a minimum of 500 square feet of floor space for the display and
			 sales of alcoholic beverages. The required square footage shall not include
			 areas of the licensed premises which are not open to the patrons or general
			 membership of the licensee and/or which are used for office space, storage or
			 restroom facilities.
(b)
			 Notwithstanding any provisions contained herein to the contrary, the licensee
			 is authorized to sell only pre-packaged snack items, cheeses, beverage
			 containers, keg tabs, home bartending supplies, disposable coolers, tobacco
			 products, alternative nicotine product and electronic nicotine delivery
			 systems, ice, fruit juices, mixers, and items commonly used as garnishments for
			 mixed drinks. The licensee shall not sell general grocery items, novelties,
			 clothing or any other items of general merchandise. Sale of any items listed
			 above shall in no way be used to promote, persuade, or influence the sale of
			 alcoholic beverages. Therefore, the licensee cannot give as a gift or reduce
			 the price of these items when the same is conditioned on the purchase of an
			 alcoholic beverage.
(c) Any
			 interior door, window or passageway which opens or may be opened into an
			 adjoining building may be used only by the licensee and its employees. Such
			 interior openings must be unavailable to the patrons or customers of the
			 licensee and such passageways must be clearly marked "employees
			 only".
(d) The licensee shall at
			 all times have in its possession a physical inventory of liquor and/or wine
			 having a minimum wholesale cost of $5000.00. The inventory of liquor and/or
			 wine must have been produced by at least two distilleries and two
			 wineries.
(e) The licensee shall
			 not advertise alcoholic beverages with signs of any kind on the outside of the
			 premises, or identify its premises, prices or location by the use of flashing
			 or blinking signs.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.14 - Requirements Of Financial Responsibility By Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All retail licensees of the ABC Board
			 shall maintain, at all times, liquor liability (dram shop) insurance described
			 below and shall comply with the following conditions of requirements of
			 financial responsibility.
(a) Prior to the
			 issuance or renewal of any retail alcoholic beverage license, each applicant
			 must provide the ABC Board with sufficient information that it has liquor
			 liability (dram shop) insurance coverage in the amount of at least one hundred
			 thousand dollars ($100,000.00) per occurrence, exclusive of, and separate from,
			 any attorney fees or other costs incurred in the defense of any claim asserted
			 against the insured.
(b) This
			 information may be provided as follows:
1. A
			 certificate of liquor liability insurance from a reputable insurance company
			 showing that the applicant has liquor liability (dram shop) insurance of at
			 least one hundred thousand dollars ($100,000.00) for each occurrence, that the
			 certificate is for liability coverage only exclusive of, and separate from, any
			 attorney fees or other costs incurred in the defense of any claim asserted
			 against the insured and that coverage is valid for the license year for which
			 the application is being submitted; or
2. Other method as may be required by the ABC
			 Board.
(c) A certificate
			 of liquor liability insurance also will show that the insurer will advise the
			 Alabama ABC Board immediately in the event the policy is cancelled before the
			 expiration date thereof.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.15 - Permits For Off-Site Tasting Rooms For In-State Wine Manufacturers And A Winery Association

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Application for a permit.
(a) An application
			 for a permit shall be in a form prescribed by the Board. Each applicant shall
			 sign and swear to the application.
(b) Only one permit for one off-site tasting
			 room shall be issued per license year.
(c) Once issued a permit shall be valid for the balance of the
			 license year unless surrendered, suspended or revoked.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.16 - Permanent Closure Of A Licensed/Permitted Location

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon permanent closure of a
			 licensed/permitted location:
(a) The
			 licensee/permittee shall immediately remit the ABC license/permit, along with
			 written notice containing the date of closure, to the ABC Board.
(b) The ABC Board may, at its discretion,
			 approve the relocation or sale of beer and/or wine to another licensed
			 location, owned by the same legal entity, provided that the product remains
			 within the same territory as specified by Title 28,
Code of Ala.
			 1975
. In addition, the disposition of local taxes will be
			 reallocated by the wholesale licensee to reflect the relocation or sale of beer
			 and/or wine to another licensed location.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.17 - Delivery Service License

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Pursuant to ACT 2021-188, a delivery
			 service licensee may deliver or contract to deliver, a limited amount of
			 alcohol to an individual who is at least 21 years of age. The following may
			 apply for and be issued a delivery service license:
1. Any entity licensed by the ABC Board for
			 off-premises consumption.
2. A
			 restaurant and/or brewpub licensee of the board. All deliveries made by a
			 restaurant and/or brewpub, which holds a restaurant license, must be made with
			 a meal.
3. A valid and responsible
			 organization of good reputation that is registered to do business providing
			 delivery services in the state. The term "registered" means a formal process
			 completed through the Alabama Secretary of State.
4. A manufacturer with off-premises retail
			 privileges, provided such manufacturer abides by all requirements in ABC Rules
			 and Regulations and Title 28 as pertains to retail sales.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.18 - Direct Wine Shipper License And Wine Fulfillment Center License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
			 28-3A-6.1 and 28-3A-6.2, a license may be issued by the board that authorizes
			 the licensee to ship wine or contract for the shipment of wine from a
			 manufacturer to an Alabama resident who is at least 21 years of age, for
			 personal use by the individual and not for resale.
(2)
(a)
			 Pursuant to 28-3A-6.1, a direct wine shipper licensee may ship wine produced by
			 the licensee or for the licensee, under a written contract, with another
			 manufacturer that holds a federal basic wine manufacturing permit. A copy of
			 the contract shall be submitted with the licensee's application in addition to
			 the application requirements listed in 28-3A-6.1.
(b) Pursuant to 28-3A-6.2, a wine fulfillment
			 center licensee shall enter into a contract with a direct wine shipper
			 licensee, designating the wine fulfillment center licensee as its agent. A copy
			 of the contract shall be submitted with the fulfillment center licensee's
			 application in addition to the application requirements listed in 28-
			 3A-6.2.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.19 - Wine Festivals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A Wine
			 Festival License or Wine Festival Participant License may be issued only after
			 all the requirements of section 28-3A-20.4, Code of Ala. 1975, have been met
			 and only for a wine festival.
(2)
			 All laws regarding regulation of the retail sale of wine, as detailed in Title
			 28, Code of Ala. 1975, and ABC Rules and Regulations, shall apply to all
			 participants during a wine festival, regardless of the license class of the
			 participants.
(3) All wine festival
			 licensees and wine festival participant licensees shall have a minimum of
			 $100,000 in liability (dram shop) insurance consistent with the requirements of
			 ABC Rules and Regulations
			 20-X-5-.14 and 20-X-8-14.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-2 -;
				  28-3-49;
				  28-3A-20.4.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.20 - Manufacturer Licensed Premises Extension

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon approval, an authorized manufacturer
			 licensee producing table wine and spirits shall be allowed one off-premises
			 manufacturer extension, for the exclusive storage of finished and unfinished
			 goods.
(2) Upon approval, an
			 authorized manufacturer licensee producing beer shall be allowed one
			 off-premises manufacturer extension, for the exclusive storage of finished
			 goods and raw materials for the functions allowable by the
			 27 CFR
			 25.22.
(3) A manufacturer must provide documentation
			 indicating approval from TTB for the extension. Prior to a manufacturer
			 extension being issued in Alabama, the manufacturer must provide the following:
(a) Approval of the manufacturer extension
			 from TTB.
(b) A lease, deed, or
			 other document showing control of property.
(c) A current, valid manufacturer license
			 from the Alabama Alcoholic Beverage Control Board.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.02 - On-Premises Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 ABC Board on-premises licensees must have restroom facilities which conform to
			 standards and requirements established by state, county and, when applicable,
			 municipal health departments.
(2)
			 All ABC Board on-premises licensees must have facilities to properly sanitize
			 containers used to dispense alcoholic beverages. Such facilities must conform
			 with standards and requirements established by federal, state, county, and when
			 applicable, municipal health departments.
(3) An ABC Board on-premises licensee is
			 prohibited from conducting, sponsoring or allowing any type of contest which
			 requires participants to consume alcoholic beverages on the licensed
			 premises.
(4) No ABC Board
			 on-premises licensee, employee or agent thereof shall serve any person
			 alcoholic beverages if such person appears, considering the totality of the
			 circumstances, to be intoxicated.
(5) No ABC Board on-premises licensee,
			 employee or agent thereof, engaged in serving customers, may consume alcoholic
			 beverages during working hours.
(6)
			 All ABC Board licensees authorized to conduct retail sales on-premises shall
			 designate and mark an area no smaller than 500 square feet solely for service
			 and consumption on-premises. The on-premises consumption area shall not contain
			 sales or display items.
(a) This area shall be
			 open and available to customers for on-premises consumption at all times that
			 alcoholic beverages are available for sale at that premises.
(b) An employee shall be present in and
			 maintain control of the on-premises area at all times the business is open for
			 operation.
(c) No patron shall be
			 allowed to leave the on-premises area or the licensed premises with an open
			 container of alcoholic beverage.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.03 - Use And Disposition Of Original Liquor Containers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as authorized herein or in
			 accordance with
			 28-3A-20.3,
Code of Ala. 1975
, no liquor product may be kept or
			 maintained on any ABC Board licensed premises at any time in any container,
			 bottle, or receptacle, other than the original bottle prepared by the
			 manufacturer with proper taxes paid thereon. Any liquor in possession or
			 custody of the licensee found on the licensed premises and not in compliance
			 with this regulation shall be seized as contraband and may subject the licensee
			 to disciplinary action.
(2) No ABC
			 Board licensee shall have more than one bottle of each brand of liquor opened
			 at each serving station at any time in the licensed establishment, provided
			 however, the licensees may dispense liquor from a pre-mix dispenser in
			 accordance with ABC Board Regulation
			 20-X-6-.05 or from an automatic dispensing system.
(3) ABC Board licensees authorized to sell
			 liquor are required to destroy, as soon as reasonably possible, all empty
			 liquor bottles. It is not permitted for any such licensee to refill any
			 alcoholic beverage container.
(a) "Destroy" is
			 defined as rendering the containers or bottles unsuitable for reuse by such
			 means as removing or defacing the label, breaking, crushing, or smashing the
			 containers or bottles.
(b) "As soon
			 as reasonably possible" is defined as immediately after use, serving, or
			 consuming the contents thereof, all empty bottles shall be immediately
			 segregated from existing usable inventory.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.04 - Sale Of Alcoholic Beverages By Retail Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All ABC Board retail liquor licensees may
			 dispense liquor, with and/or table wine from any size container purchased from
			 ABC Board wholesale stores or as otherwise authorized by the ABC
			 Board.
(2) The quantity of liquor
			 served in an individual drink shall be posted within the licensed premises in a
			 conspicuous place on or behind the service area and on any food or beverage
			 menu. The posted notice, except in food or beverage menus, shall be no less
			 than 8.5" x 11" and shall read, "All drinks contain ounces of liquor, unless
			 special ordered." Letters shall be no less than two (2) inches in
			 height.
(3) No ABC Board retail
			 liquor licensee shall at any time, have more than one (1) bottle of alcoholic
			 beverages open for use at any serving station. Provided however, the licensees
			 may dispense such beverages from a pre-mix dispenser in accordance with ABC
			 Board Regulation
			 20-X-6-.05 or from an automatic dispensing system.
(4) All purchases by ABC Board retail
			 licensees of any alcoholic beverages containing distilled spirits, except those
			 products defined as table wine in 20-X-2, shall be made only from an ABC Board
			 wholesale store. All receipts for purchases of alcoholic beverages by retail
			 licensees shall be retained for a period of three (3) years from the date of
			 purchase. At a minimum, one (1) year of receipts shall be maintained on the
			 licensee's premises and immediately available upon request. After which such
			 records may be maintained at a central location of the licensee within the
			 State of Alabama and available for inspection within a reasonable period of
			 time by ABC Board personnel or any other authorized individual. These records
			 may be maintained using an electronic method, provided that the records may be
			 immediately transferrable upon request by an ABC employee.
(5) An ABC Board retail licensee shall not
			 sell to any person or other licensee for purposes of resale, nor shall such
			 licensee purchase or attempt to purchase alcoholic beverages from another ABC
			 Board retail licensee.
(6) All ABC
			 Board retail licensed premises shall be adequately lighted for purposes of
			 observing the operation thereof or patrons therein.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.05 - Dispensers Of Pre-Mixed Beverages

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When necessary to the efficient and
			 economical operation of a retail liquor licensed premises, any such licensee
			 may use dispensers for pre-mixed beverages after first obtaining the state or
			 county health department's establishment inspection report. Evidence of current
			 establishment inspection report by any such agency shall be displayed on the
			 licensed premises in public view at all times.
(2) Any dispenser for pre-mixed beverages,
			 not having said current establishment inspection report, shall not be used and
			 shall be subject to confiscation.
(3) Any licensee offering pre-mixed beverages
			 served on the licensed premises shall disclose the quantity and type of
			 alcoholic beverages contained therein. This information shall be available,
			 upon request, to the public, ABC Board personnel, and law
			 enforcement.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.06 - Person In Charge

Current through Register Vol. 42, No. 9, June 28, 2024
Each licensee, except a licensed individual who is on the
				premises, shall have a designated person who is at least 21 years of age
				present and in actual charge of the business being conducted under the license
				at any time the licensed establishment is open for business, whether or not the
				privileges of the license are being exercised. The name of the designated
				person of every retail licensee shall be posted in an area of the
				establishment, readily available to ABC Board personnel, in letters not less
				than one inch in size, during the time the designated person is in
				charge.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.07 - Service Of Alcoholic Beverages On Patios Or Around Swimming Pool Areas

Current through Register Vol. 42, No. 9, June 28, 2024
Any ABC Board on-premises licensee may serve alcoholic
				beverages as authorized by their license on patios or around swimming pool
				areas adjacent to or connected with the main licensed premises. Said serving
				area shall be located so as not to be a nuisance nor readily visible from a
				church or school premises.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.08 - Display Of Alcoholic Beverages By Retail Licensees (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.09 - Minors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It shall be
			 unlawful:
(a) For any person to sell,
			 furnish, give to or purchase alcoholic beverages for any minor; or to attempt
			 to sell, furnish, give to or purchase alcoholic beverages for any
			 minor.
(b) For any minor to falsely
			 represent that they are of legal drinking age, and by means of such false
			 representation, buy, receive, or otherwise obtain, or attempt to buy, receive,
			 or otherwise obtain any alcoholic beverages.
(c) For any person to falsely represent or
			 attempt to falsely represent that a minor is of legal drinking age, and by
			 means of such false representation, aid and abet, or attempt to aid or abet,
			 the minor to buy, receive or otherwise obtain alcoholic beverages.
(d) For a licensee, employee or agent thereof
			 to accept any proof of age from a person purchasing or attempting to purchase
			 alcoholic beverages, except for the following:
1. A valid driver's license of any
			 state.
2. A valid United States
			 Uniformed Service Identification.
3. A valid passport.
4. A valid identification issued by any
			 agency of a state for the purpose of identification, bearing a photograph and
			 date of birth of the individual in question.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.10 - Employment Of Minors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It
			 shall be unlawful for any minor to sell or serve, except as provided by Title
			 28,
Code of Ala. 1975
, and/or ABC Board Rules and
			 Regulations, or to dispense or consume alcoholic beverages on any licensed
			 premises.
(2) A minor employee of a
			 wholesale licensee or an off-premises retail licensee may handle, transport or
			 sell beer or table wine, provided there is an adult employee in attendance at
			 all times.
(3) A minor employee in
			 an on-premises licensed establishment shall not serve, dispense or consume
			 alcoholic beverages, and there must be an adult in attendance at all
			 times.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-1-5;
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.11 - Prohibition Of Obscene, Lewd Or Indecent Conduct On Licensed Premises

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No ABC Board
			 licensee shall permit bottomless dancing, topless dancing wherein the portion
			 of the female breast beneath the top of the nipple is exposed or any other lewd
			 or indecent conduct on the premises of the licensee.
(2) No ABC Board licensee shall permit any
			 person to perform acts of or acts which simulate:
(a) Sexual intercourse, masturbation, sodomy,
			 bestiality, oral copulation, flagellation or any sexual acts which are
			 prohibited by law.
(b) The
			 touching, caressing or fondling on the breasts, buttocks, anus or
			 genitals.
(c) The displaying of the
			 portion of the female breast beneath the top of the nipple, pubic hair, anus,
			 vulva or genitals.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.12 - Premiums Or Presents To Induce Purchase - Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
It shall be unlawful for any person licensed to sell alcoholic
				beverages to offer to give anything of value as a premium for the return of
				caps, corks, labels or coupons taken from any bottle or package containing
				alcoholic beverages. It shall be unlawful to offer to give anything of value as
				a premium, present, or discount to induce the purchase of alcoholic beverages,
				or for any other purpose whatsoever in connection with the sale of alcoholic
				beverages. This regulation does not apply to any "add-on" or "on-package" item
				furnished by the manufacturer at no cost to the wholesaler or the Board, or any
				"point-of-sale" advertising item which is not for personal use of the
				consumer.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-25(a)(10).