Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.01 - Licensed Premises

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 ABC Board licensee and/or any person applying initially for an ABC Board
			 license, by virtue of holding such license or making such application does
			 agree, invite, consent, and authorize personnel of the ABC Board, as well as
			 commissioned law enforcement officers having proper jurisdiction, at any time,
			 to enter and search the premises, observe the operation, and otherwise enforce
			 state laws, and rules and regulations of the ABC Board in or about the
			 premises, without a warrant, including not only the licensed premises but any
			 building owned or occupied by the licensee in connection therewith, adjoining,
			 or adjacent thereto, whether or not connected or used by the licensee as a
			 private dwelling.
(2) Any ABC Board
			 licensee and/or any person applying initially for an ABC Board license, by
			 virtue of holding such a license or making such application, does agree,
			 invite, consent and authorize personnel of the ABC Board to examine and inspect
			 equipment, stocks, invoices, receipts, books, papers and related records and to
			 make copies of the same at any time during normal operating hours of the ABC
			 Board or of the licensee.
(3) The
			 premises of any club licensee shall not be deemed to be the home or private
			 premises of any member thereof. However, by applying initially or seeking
			 renewal of such license, all officers and members of the club do agree,
			 consent, authorize, and accept this definition of the club premises and the
			 invitation to search, supervise, observe, and enforce the laws and regulations
			 of the ABC Board as set forth in Section (1) above.
(4) Where private living quarters are
			 maintained in the same structure in which an ABC Board licensed business is
			 operated, such living quarters shall be considered part of the licensed
			 premises and shall be subject to warrantless full inspection and supervision by
			 the ABC Board as in any other part of the licensed premises.
(5) Individual hotel and motel rooms occupied
			 by registered guests shall be considered private and not a part of the licensed
			 premises nor subject to the provisions of this regulation.
(6) ABC Board licensees shall be accountable
			 to the ABC Board for criminal conduct which occurs or is suffered to occur on
			 any part of the licensed premises. Where the ABC Board or Hearing Commission
			 finds such criminal conduct to be allowed, caused, permitted, or suffered to
			 occur by the licensee, employees or agents thereof, the licensee's license
			 shall be subject to disciplinary action.
(7) Any ABC Board licensee found on or off
			 the licensed premises, possessing, transporting, selling, receiving, giving, or
			 otherwise dealing with alcoholic beverages without having paid the appropriate
			 Alabama tax thereon, shall be subject to disciplinary action.
(8) Any ABC Board licensee, officer, or agent
			 thereof violating any criminal law or statute of the State of Alabama, whether
			 or not occurring on the licensed premises, may subject the licensee to
			 disciplinary action.
(9) ABC Board
			 retail licensees licensed to sell beer or wine for off-premises consumption may
			 contain facilities for the sale of beer or wine or both, but may not sell
			 liquor, by means of a "drive-up", "walk-up", or "drive- thru" window or other
			 type of exterior access. All rules governing the sale of alcohol and tobacco
			 still apply and it is the responsibility of the licensee to ensure that there
			 are no sales of alcohol or tobacco to minors, there are no sales of alcohol to
			 intoxicated individuals, and that all sales of beer and/or wine are made in
			 sealed containers in accordance with Title 28 and ABC Rules and Regulations.
			 Those licensees conducting beer and wine sales by the above-mentioned means of
			 exterior access shall:
(a) Post, in a
			 well-lighted area near the exterior access, a sign which must be visible to
			 customers purchasing beer and/or wine. The sign must be a minimum of 18" X 24"
			 and read:
1. Containers must remain sealed at
			 all time during vehicular transportation from the place of purchase to the
			 destination.
2. It is unlawful for
			 a person in a motor vehicle to have in his or her possession alcoholic
			 beverages of any kind, in an open container, on a public highway or
			 right-of-way of a public highway of this state (see
			 32-5A-330, Code of Ala.
			 1975).