Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-5 - LICENSING › Section 20-X-5-.11 - Suspension Or Revocation Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon suspension or revocation of a
			 license and during the interim between the date on which notice of final
			 adjudication of suspension or revocation is given to the licensee and the
			 effective ending date of the suspension or revocation, the licensee is
			 prohibited from purchasing alcoholic beverages under the license.
(2) During a period of suspension, no new or
			 different license will be issued to any other applicant for the same location
			 or in the same business name, as that of the suspended license; provided,
			 however, this section is not intended to prohibit innocent landlords or lessors
			 from exercising contractual rights under a rental agreement or a written lease
			 in the event of default by a tenant or lessee.
(3) Immediately following a final adjudicated
			 decision on the question of suspension or revocation, a notice thereof shall be
			 provided to appropriate peace officers in the county where the affected license
			 is located. Notice shall also be provided to wholesale licensees operating in
			 the territory of the affected license.
(4) During a period of suspension, no
			 alcoholic beverages may be possessed on the licensed premises, nor may a
			 licensee permit others to bring, possess, or consume alcoholic beverages on the
			 licensed premises. As an alternative, the licensee may choose to cease all
			 operations on the licensed premises, which shall remain locked during the
			 period of suspension.
(5) Upon the
			 effective date of a suspension or revocation, merchandisable alcoholic
			 beverages legally purchased by the licensee may be purchased by the ABC Board
			 at eighty percent of the current ABC Board list price or the Board may approve
			 the sale of such alcoholic beverages to another licensee of the ABC Board. Any
			 other sale of such alcoholic beverages is prohibited.
(6) During the period of suspension or
			 revocation of an ABC Board license, the licensee shall post a sign, supplied by
			 the ABC Board, on the licensed premises stating that their license has been
			 suspended or revoked. The sign for a suspended license shall read: "The
			 privilege of selling alcoholic beverages for this premises has been suspended
			 by the Alabama Alcoholic Beverage Control Board from (date) to (date)." The
			 sign for a revoked license shall read: "The Alabama Alcoholic Beverage Control
			 Board license has been revoked." This sign shall be displayed in a conspicuous
			 location in or on a front window or door and shall be readily visible from
			 outside the premises.
(7) Within
			 ten days from the beginning of any period of revocation, a compliance
			 inspection of the premises by agents of the ABC Board shall be allowed, to
			 ensure the removal of alcoholic beverages from the premises if the premises is
			 open for business to the general public, members or guests during the period of
			 suspension or revocation. Failure to permit the inspection shall disqualify the
			 licensee from reapplying for a new license at that location for an additional
			 period of six months after the revocation period is completed.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-24(a)(b)(d).