reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9-.04 - Record Keeping Requirements For In-State Manufacturers Of Beer, Wine And Spirits, And Brewpubs

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Manufacturer licensees engaged in the manufacture of less than 60,000 barrels
			 of beer per year; and brewpub licensees engaged in the manufacture of less than
			 10,000 barrels of beer per year; and wineries engaged in the manufacture of
			 less than 50,000 gallons of table wine per year; and any licensed winery
			 association operating an off-site tasting room; and wineries engaged in the
			 manufacture of table wine in a dry county; and manufacturer licensees engaged
			 in the manufacture of spirits shall:
(a)
			 Maintain the beer and the wine label approval documentation from the Board's
			 Licensing and Compliance Division and for spirits the listing code with
			 documentation from the Board's Product Management Division.
(b) Beer and spirits manufacturers shall file
			 with the ABC Board prior to the twentieth day of each month and wine
			 manufacturers prior to the fifteenth day of each month, a full and accurate
			 report of the previous month's sales containing the following:
1. Daily retail sales of all beer, malt-based
			 beverages, table wine, or liquor sold for consumption that includes the number
			 of bottles, the number of cases, the number of containers per case, and the
			 size of the container.
2. The date
			 of the sale, an invoice or transaction number and a notation indicating an on -
			 premise or an off-premise sale.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9.-05 - Record Keeping Requirements For Delivery Service Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Delivery service licensees shall file an
			 annual report of all deliveries made on forms either provided by, or approved
			 for use by, the ABC Board. This report shall be a full and accurate report due
			 on or before April 1st of the following year.
(2) All delivery service licensees shall
			 maintain daily reports of all beer, wine, and spirits delivered to residents in
			 the state. The report shall include, but not be limited to, the following
			 information:
(a) The name and physical address
			 of the licensed premises from which the alcoholic beverages
			 originated.
(b) The name and
			 address of the recipient (being at least 21 years of age) of the alcoholic
			 beverages.
(c) The date and time of
			 the order.
(d) The date and time of
			 the delivery.
(e) The total amount
			 of beer, wine, and/or spirits delivered.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9-.06 - Record Keeping Requirements For Direct Wine Shipper Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Direct wine
			 shipper licensees authorized to engage in the shipment of wine in the state
			 shall:
(a) Maintain daily records of wine
			 shipments made to Alabama residents.
(b) File full and accurate quarterly reports
			 to the ABC Board on forms provided by the ABC Board. Reports are due on or
			 before the first day of the month following the month after the end of the
			 previous quarter of all wine shipments during the quarterly reporting period.
			 The report shall include, but not be limited to, the following information with
			 regard to each shipment:
1. The name and
			 address of the Alabama resident who placed the order.
2. Evidence of a signature by an individual
			 21 years of age or older for each completed shipment.
3. The name and address of the common or
			 permit carrier engaged in the shipment.
4. The name and license number of the wine
			 fulfilment center licensee engaged in the shipment, if applicable.
5. The date of shipment.
6. A unique tracking number provided by the
			 common or permit carrier.
7. The
			 quantity of wine in the shipment.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9-.07 - Record Keeping Requirements for Wine Fulfillment Center Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Wine
			 fulfillment center licensees authorized to engage in the shipment of wine in
			 the state shall file full and accurate quarterly reports to the ABC Board on
			 forms provided by the ABC Board. Reports are due on or before the first day of
			 the month following the month after the end of the previous quarter of all wine
			 shipments during the quarterly reporting period. The report shall include, but
			 not be limited to, the following information with regard to each shipment:
(a) The name, address, and license number of
			 the direct wine shipper licensee to 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 of age 21
			 or older.
(d) The name and license
			 number of the common or permit carrier engaged in the shipment.
(e) The date of the shipment.
(f) The carrier tracking number.
(g) The quantity of wine in the
			 shipment.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9-.08 - Record Keeping and Reporting Requirements for Common or Permit Carriers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Common or
			 permit carriers authorized to do business in the state shall file full and
			 accurate quarterly reports to the ABC Board on a form provided by the Board.
			 Reports are due on or before the first day of the on the following the month
			 after the end of the previous quarter of all wine shipments during the
			 quarterly reporting period. Reports shall include, but not be limited to, the
			 following with regard to each shipment:
(a)
			 The name and business address of the direct wine shipper licensee or wine
			 fulfillment center licensee with whom the shipment order originated.
(b) The weight of the shipment
(c) The name and address of the consumer to
			 whom the wine was shipped
(d) A
			 unique racking number
(e) Date of
			 delivery
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9-.09 - Record Keeping Requirements For Wine Festival Licensees and Wine Festival Participants

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Applicants of a Wine Festival License shall remit to the ABC Board, on forms
			 provided by the Board, a list of wine festival participants. Report is due on
			 or before the fifteenth day of the month following the date(s) of the event.
			 The report shall include, but not be limited to, the following information with
			 regard to the wine festival participants:
(a)
			 The wine festival participant's name.
(b) The wine festival participant's issued
			 ABC license number for the event.
(c) The date(s) of the
			 event.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-10 - DISPOSITION OF ALCOHOLIC BEVERAGES › Section 20-X-10-.01 - Disposition Of Alcoholic Beverages Under Execution Of A Valid Judgment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Alcoholic
			 beverages legally purchased and lawfully possessed by an ABC Board licensee
			 which are levied upon as an execution of a valid judgment against such licensee
			 shall be sold under the provisions herein.
(2) An inventory shall be compiled of all
			 alcoholic beverages on the licensee's premises. Any law enforcement official
			 executing such levy shall contact the ABC Board, furnishing them a copy
			 thereof.
(3) The ABC Board may
			 purchase merchandisable distilled spirits and wines at 80% of the wholesale
			 list price or approve the sale to another ABC Board licensee. Any other manner
			 of disposition shall be prohibited.
(4) Sales of beer and table wine may be made
			 to another licensed alcoholic beverage retailer or wholesaler when approved by
			 the ABC Board.
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-10 - DISPOSITION OF ALCOHOLIC BEVERAGES › Section 20-X-10-.02 - Disposition Of Alcoholic Beverages Under Confiscation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any alcoholic beverages with unbroken
			 seals, which are condemned by an order of a court, or without an order of a
			 court, within 10 days after a conviction, shall be delivered to an ABC Board
			 agent by the beverage custodian. The ABC Board shall purchase all liquor and
			 fortified wine which it deems to be in merchandisable condition and payment
			 shall be made to the Clerk of the Court in the county in which said order or
			 forfeiture was entered. Confiscated alcoholic beverages which are deemed not to
			 be in merchandisable condition shall be destroyed.
(2) The following amounts are deemed
			 reasonable for such purchase by the ABC Board for each quantity mentioned
			 regardless of brand:
Liquor: $.10 per miniature/50 ML
$.40 per half pint/200 ML
$.75 per pint/500 ML
$1.25 per quart or 4/5 quart/liter or 750 ML
$2.50 per 1\2 gallon/1.75 liters
Fortified Wine: $.25 per pint/375 ML
$.50 per quart/liter
$1.00 per half gallon/1.5 liters
(3) All confiscated liquor and fortified wine
			 in merchandisable condition which are of the brand and type sold in state
			 liquor stores shall be sold by the ABC Board at list price. Confiscated liquor
			 and fortified wine which are not listed by the state liquor stores, shall be
			 sold through state liquor stores designated by the ABC Board at the following
			 prices regardless of the brand:
Liquor: $.20 per miniature/50 ML
$.80 per half pint/200 ML
$1.50 per pint/500 ML
$2.50 per quart or 4/5 quart/liter or 750 ML
$5.00 per half gallon/1.75 liters
Fortified Wine: $.50 per pint/375 ML
$1.00 per quart/liter
$2.00 per half gallon/1.75 liters
(4) All confiscated beer and table wine in
			 merchandisable condition shall be sold by the ABC Board to a licensed
			 wholesaler selling the brand so confiscated at 20% below their current
			 wholesale cost. Any wholesaler purchasing said merchandise shall be responsible
			 for paying all applicable state and local taxes. No wholesaler shall be
			 obligated to purchase such beer or table wine, and if the ABC Board is unable
			 to find a licensed wholesaler willing to purchase, then in such event, the beer
			 and table wine shall be destroyed by the ABC Board. All sums received from the
			 sale of beer and table wine shall be paid to the Clerk of the Court.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-4-273.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-10 - DISPOSITION OF ALCOHOLIC BEVERAGES › Section 20-X-10-.03 - Confiscation Of Vehicles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Should
			 any alcoholic beverages not being transported or possessed in accordance with
			 the provisions of these rules and regulations and/or state law be found in any
			 vehicle, which said vehicle either:
(a) Bears
			 an Alabama license plate; or
(b) Is
			 the property of or being operated by an Alabama resident; or
(c) Is moving alcoholic beverages within or
			 into Alabama other than through ABC Board approved interstate commerce or as
			 otherwise approved by the ABC Board. Then in any of these events, it is prima
			 facie evidence that such alcoholic beverages are within such vehicle and are
			 being transported within Alabama for purposes of sale, or being possessed,
			 transported, used, and/or introduced into Alabama for the purpose and intention
			 of violating Alabama statutes, including avoidance of payment of duly levied
			 taxes thereon.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-11 - PERMITS (REPEALED) › Section 20-X-11-.01 - Ethyl Alcohol For Fuel Use

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-15(a);
				  28-3-49;
				  28-5-1 thru
				  28-5-14.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-11 - PERMITS (REPEALED) › Section 20-X-11-.02 - Manufacture Of An Alcohol Production Unit

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-15(a);
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.01 - Statement Of Scope, Purpose, And Intent In The Administration Of The Responsible Vendor Program

Current through Register Vol. 42, No. 9, June 28, 2024
The ABC Board is responsible for the administration of the
				Responsible Vendor Program in the State of Alabama. The purpose of these rules
				and regulations is to establish minimum substantive and procedural requirements
				for the responsible vendor certification by the ABC Board as authorized by the
				Alabama Responsible Vendor Act. The scope of the Responsible Vendor Program and
				related rules is limited and only provides licensed alcoholic beverage vendors,
				who are certified by the ABC Board, with limited protection of the alcoholic
				beverage license against revocation or suspension. Mitigation may be considered
				in administrative proceedings in conjunction with violations of the ABC Board
				regulations and State laws.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1 thru
				  28-10-8.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.02 - Definitions - Responsible Vendor Program

Current through Register Vol. 42, No. 9, June 28, 2024
The following words or phrases, whenever they appear in these
				regulations, unless the context clearly indicates otherwise, shall have the
				meaning ascribed to them as follows:
(1) Act - Alabama Responsible Vendor Act,
			 1990 (Act No. 90-525 now codified as Chapter 10, Title 28,
Code of
			 Ala. 1975
.
(2)
			 Certification - Written approval from the ABC Board stating a vendor has met
			 all requirements of law and/or regulations and is designated as a certified
			 responsible vendor.
(3) Compliance
			 specialists - Persons working under this program for the purpose of verifying
			 both the compliance of the applicant and ongoing compliance of the certified
			 vendor.
(4) Course of instruction -
			 An ABC Board approved course of study for servers, sellers and managers,
			 including an oral or written examination.
(5) Decertification - Revocation of a
			 responsible vendor's certification.
(6) Manager (on-/off-premises) - Any person
			 on the licensed premises responsible for supervising servers and/or sellers.
			 There may be more than one manager on a licensed premises simultaneously and
			 who may also be a server and/or seller.
(7) Mitigation-Decertification Committee - A
			 committee composed of the:
(1) Director of
			 Enforcement;
(2) ABC Board
			 Administrator; and
(3) Responsible
			 Vendor Program Coordinator. Any member of the committee may designate a
			 replacement or a proxy for any meeting.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.03 - Program Documentation

Current through Register Vol. 42, No. 9, June 28, 2024
All correspondence and documentation concerning this program
				shall be directed to the ABC Board's Responsible Vendor Program in Montgomery.
				Documentation which is incomplete, illegible or unable to be processed, may be
				returned. Surcharges from incomplete applications will be held awaiting
				corrections or refunded upon request. If corrections are not made nor a refund
				requested within ninety (90) days from the date of return by the ABC Board of
				the application, the surcharges will be converted to Program funds.
				Documentation shall not be deemed complete until received in-hand by the
				Responsible Vendor Program.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.04 - Certification Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be
			 certified, a vendor shall:
(a) Possess a
			 current retail alcoholic beverage license or a transfer application for such
			 license;
(b) Submit a sworn
			 Application for Certification as Responsible Vendor and any other required
			 documentation;
(c) Provide an
			 approved course of instruction for servers, sellers, and managers. Licensees
			 utilizing any course of instruction developed but not administered by personnel
			 of a private course provider shall notify the ABC Board of training dates in
			 sufficient time that compliance specialists may attend training prior to
			 application, and at such other times as requested by the ABC Board.
(d) Pay the appropriate surcharge;
(e) Comply with the provisions of the Act as
			 follows:
1. Servers, sellers, and managers
			 shall have completed the required course of instruction and shall have passed
			 the applicable examination at the time the vendor applies for certification.
			 Initial training shall have occurred within ninety (90) days prior to applying
			 for certification. Servers, sellers or managers employed during application
			 processing, or after the date of certification, shall complete the applicable
			 course of instruction and pass the examination within 30 days after commencing
			 employment.
2. Servers, sellers and
			 managers shall acknowledge in writing the written policy established by each
			 vendor assuring legal alcoholic beverage sales and outlining company policy and
			 procedures for disciplining employees who violate beverage laws or use and/or
			 possess controlled substances on the licensed premises.
3. Responsible vendors shall display signs on
			 the licensed premises informing customers of the vendor's policy against
			 serving or selling alcoholic beverages to underage persons and/or intoxicated
			 customers. These signs must measure no less than 8 inches by 13 inches with
			 type sufficiently large to be easily read, and be placed at customer
			 entrance(s) of the licensed premises or at cash registers and on or near the
			 area where alcoholic beverages are displayed or dispensed. All signs shall be
			 situated in areas easily viewed by the public.
4. Responsible vendors are required to
			 maintain records of the acknowledgments and training of their servers, sellers
			 and managers. These records shall be maintained within the State of Alabama.
			 Responsible vendors shall provide to the ABC Board the name of their employee
			 or agent who is the custodian of the responsible vendor's records and the
			 location of the records; however, the responsible vendor shall ultimately be
			 responsible for the maintenance of such records.
5. Responsible vendors shall have a copy of
			 program certification constantly and conspicuously displayed on the licensed
			 premise at all times.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.05 - Renewal Of Certification

Current through Register Vol. 42, No. 9, June 28, 2024
Certification of a responsible vendor shall be valid for the
				same term as that of the ABC Board license year. Certification shall be renewed
				contingent upon the approved renewal of the ABC Board's license. After October
				20th of any year, renewals will not be accepted and new applications must be
				submitted.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.06 - Maintaining Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To
			 maintain certification, responsible vendors shall comply with the provisions of
			 the Act, other applicable laws of the State of Alabama, and Rules and
			 Regulations of the ABC Board.
(2)
			 Subsequent to certification:
(a) Responsible
			 vendors shall require new or transferred sellers, servers, and managers to
			 complete the course of instruction and pass the appropriate examination within
			 30 days of commencing employment. Responsible vendors who allow new or
			 transferred employees to sell, serve or manage before training should strive to
			 do so under the direct supervision of a trained seller, server or
			 manager.
(b) Responsible vendors
			 should strive to incorporate materials relating to controlled substances in
			 their course of instruction.
(c)
			 Responsible vendors shall require each server, seller and manager to attend
			 meetings semi-annually, or more frequently as deemed appropriate. A register
			 with names and social security numbers of all employees who attend the meeting,
			 the date of each meeting, the person conducting the meeting, and the subjects
			 covered shall be maintained by the responsible vendor or agent
			 thereof.
(d) If there is loss of
			 certification through lack of renewal, decertification, or other circumstance,
			 the licensee shall be required to retrain all servers, sellers and managers
			 prior to submitting application to again be certified.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.07 - Minimum Training For On-Premises Employees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Servers and managers shall complete an
			 approved course of instruction/examination dealing with alcoholic beverage
			 consumption on the premises.
(2)
			 The passing grade on an examination relating to the course of instruction shall
			 be 80%.
(3) Each responsible vendor
			 shall ensure that no individual subverts or attempts to subvert the integrity
			 of such training/examination.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.08 - Minimum Training For Off-Premises Employees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sellers and managers shall complete an
			 approved course of instruction/examination dealing with alcoholic beverages
			 sold for off-premises consumption.
(2) A passing grade on an examination
			 relating to the course of instruction shall be 80%.
(3) Each responsible vendor shall ensure that
			 no individual subverts or attempts to subvert the integrity of such
			 training/examination.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.09 - Course Of Instruction

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Courses and examinations shall comply with and maintain minimum requirements as
			 specified in the Act and the Course of Instruction and Examination Guidelines
			 as established by the ABC Board. Courses shall be submitted for approval to the
			 ABC Board in typewritten form before being used for training purposes.
			 Copyright violations and/or plagiarism of another course are grounds for
			 disapproval. The ABC Board reserves the right to withdraw approval of a course.
			 Course content shall be reviewed at least annually by the ABC Board.
(2) Notwithstanding any contractual
			 agreements between licensees and private course providers, ultimate
			 responsibility for compliance with program requirements, deadlines or dates
			 shall remain that of the licensee.
(3) The format of the course of instruction
			 shall include face-to-face training and question and answer
			 opportunities.
(4) A course of
			 instruction shall include but not be limited to:
(a) Current statutory authority covering the
			 sale or service of alcoholic beverages.
(b) Identification of and dealings with
			 persons prohibited from purchasing or consuming alcoholic beverages.
(c) The effects of alcohol
			 consumption.
(d) The vendor's
			 specific policies and procedures for ensuring compliance with all regulations
			 and laws.
(e) The potential
			 liability of sales or service contrary to the provisions of law and suggested
			 methods of risk reduction.
(f)
			 Methods of supervision of servers or sellers.
(g) Documentation and on-site requirements of
			 the Responsible Vendor Program.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.10 - Integrity Of Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
			 individual shall subvert or attempt to subvert the examination
			 process.
(2) Any licensee or agent
			 thereof who subverts or attempts to subvert the examination process shall
			 subject the licensee's certification to denial or decertification.
(3) Any examinee who subverts or attempts to
			 subvert the examination process shall have his score declared invalid for one
			 year from the date of such misconduct. The examinee may thereafter, upon
			 retraining, retake the examination.
(4) Conduct which subverts or attempts to
			 subvert the examination process shall include, but not be limited to:
(a) Removing from the examination room any of
			 the examination materials.
(b)
			 Reproducing or reconstructing any portion of the examination.
(c) Aiding, by any means, in the reproduction
			 or reconstruction of any portion of the examination.
(d) Distributing, receiving, or having
			 unauthorized possession of examination materials.
(e) Communicating with any other examinee
			 during the administration of the examination.
(f) Copying answers from another examinee or
			 permitting one's answers to be copied by another examinee.
(g) Having possession of any book, notes,
			 written or printed materials of any kind except those materials distributed at
			 the examination site by the vendor or his agent.
(h) Impersonating an examinee or having an
			 impersonator take the examination.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.11 - Denial, Decertification, And Non-Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A responsible vendor whose certification
			 is denied or revoked may request, in writing, a hearing before the ABC
			 Board.
(2) Certification may be
			 denied or revoked for any of the following reasons:
(a) Violation of any provision of the
			 Act.
(b) Violation of any
			 appropriate statutory authority or law resulting in administrative
			 sanctions.
(c) Attempting to obtain
			 or obtaining certification by means of fraud, misrepresentation, or concealment
			 of material facts.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.12 - Payment Of Surcharge

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee is required to pay a surcharge in the amount of
				$35 at the time of application for certification and/or renewal. This surcharge
				is non-refundable nor subject to being prorated. The surcharge shall be payable
				to the ABC Board by cash, cashier's check or money order. The surcharge will be
				collected by the central office of the ABC Board and shall be used for the
				administration of the responsible vendor program.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.13 - Transfer Of Certification

Current through Register Vol. 42, No. 9, June 28, 2024
No certification issued under the provisions of the Act shall
				be transferred or otherwise conveyed to another person.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-4;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION › Section 20-X-12-.14 - Cancellation Of Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Certification shall be automatically voided upon the transfer, cancellation,
			 non-renewal, or revocation of the ABC Board license. Suspension of an ABC Board
			 license may be grounds for cancellation of Program certification.
(2) A responsible vendor may request
			 cancellation of certification at any time by requesting the same in writing
			 from the ABC Board. However, voluntary cancellation shall be denied when the
			 ABC Board has notified the responsible vendor that decertification proceedings
			 have been or will be brought against the licensee.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-10-1,
et seq
.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-13 - MINOR OPERATIVES › Section 20-X-13-.01 - Use Of Minor Operatives

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The following procedures shall govern the use of minor operatives by the ABC
			 Board for purposes of undercover operations:
(a) The Director of Enforcement or his
			 specific designee shall provide prior written authorization for every
			 undercover operation utilizing minor operatives. It shall be the responsibility
			 of the agent to furnish to the district supervisor a proposed operational plan
			 for said approval.
(b) In the
			 absence of approval by a juvenile court, no minor shall be used in an
			 undercover operation unless a parent or guardian of said minor has first
			 provided written consent thereto.
(c) Each minor utilized in undercover
			 operations shall have been previously approved by the Director of Enforcement
			 or his specific designee. Before such approval shall be given, the Director
			 shall review any juvenile court approval secured or parental consent, proof of
			 age and a reasonably current photograph of the minor. A separate file shall be
			 maintained by the ABC Board for every minor operative. Said file shall contain
			 proof of parental or court consent, proof of age, a current photograph,
			 department approval and a summary of every minor operation performed by said
			 individual.
(d) The activities of a
			 minor participating in an undercover operation shall be video taped, except
			 where circumstances of the operation renders the same useless or prohibited, or
			 unless the video taping thereof is deemed to place the minor in a situation of
			 peril. In all cases the undercover activities of the minor shall be recorded by
			 means of audio tape. In cases where the minor shall not remain visible to ABC
			 Board agents during the entire undercover operation, said audio transmissions
			 must be received and monitored by ABC Board agents during the
			 operation.
(e) All monies used by a
			 minor in an undercover operation shall have first been marked or otherwise
			 identified. Whenever possible or practicable, said monies shall be recovered
			 for use as evidence. In such cases, the ABC Board Enforcement agent shall
			 provide a receipt to the licensee personnel thereof for such money taken.
Author:
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-20 - GLOSSARY OF TERMS (TOBACCO) › Section 20-X-20-.01 - Glossary Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
The following words or phrases, whenever they appear in
				Regulations 20-X-20 and above, unless the context clearly indicates otherwise,
				shall have the meaning ascribed to them as follows:
(1) Board. The Alabama Alcoholic Beverage
			 Control Board.
(2) Distribution. To
			 sell, barter, exchange, or give tobacco or tobacco products for promotional
			 purposes or for gratis.
(3) Minor.
			 Any person under the age of 19 years.
(4) Person. Any natural person, firm,
			 partnership, association, company, corporation, or other entity. Person does
			 not include a manufacturer or wholesaler of tobacco or tobacco products, nor
			 does it include employees of the permit holder.
(5) Proof Of Identification. Any one or more
			 of the following documents used for purposes of determining the age of a person
			 purchasing, attempting to purchase, or receiving tobacco or tobacco products:
(a) A valid driver's license issued by any
			 state and bearing the photograph of the presenting person.
(b) United States Uniformed Service
			 Identification.
(c) A valid
			 passport.
(d) A valid
			 identification card issued by any state agency for the purpose of
			 identification and bearing the photograph and date of birth of the presenting
			 individual.
(e) For legal mail
			 order purposes, only a valid signed certification that will verify the
			 individual is 19 year of age or older.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-21 - OFFENSES (TOBACCO) › Section 20-X-21-.01 - Offenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any offense of
			 Chapter 11 of Title 28,
Code of Ala. 1975
, pertaining
			 to tobacco or of any regulation of the ABC Board, by any permittee, officer,
			 agent, servant or employee of such permittee, shall subject such permittee
			 and/or employee thereof to any one of the following discretionary actions or
			 penalties by the ABC Board or its Hearing Commission:
(a) Upon conviction for a first offense by
			 the permit holder or an employee of the permit holder, the ABC Board or Hearing
			 Commission may offer the permit holder an opportunity to provide training
			 sessions administered by the Responsible Vendor Program in lieu of an
			 administrative fine upon the permit holder and the employee, if the offense is
			 by an employee, of not more than two hundred dollars ($200.00).
(b) Upon conviction of a second offense at
			 the same location within a two-year period, the ABC Board or Hearing Commission
			 may levy an administrative fine upon the permit holder and the employee, if the
			 offense is by an employee, of not more than four hundred dollars
			 ($400.00).
(c) Upon conviction of a
			 third or subsequent offense at the same location within a two-year period, the
			 ABC Board or Hearing Commission may levy an administrative fine upon the permit
			 holder and the employee, if the offense is by an employee, of not more than
			 seven hundred fifty dollars ($750.00).
(d) Upon conviction of a fourth or subsequent
			 offense at the same location within a two-year period, the ABC Board or Hearing
			 Commission may levy an administrative fine upon the permit holder and the
			 employee, if the offense is by an employee, of not more than one thousand
			 dollars ($1,000.00), and may suspend or revoke the permit.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-22 - RULES OF PRACTICE (TOBACCO) › Section 20-X-22-.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 permit applications and
			 disciplinary charges against a permittee or employee thereof 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) Adjudge the appropriate fine;
(c) Suspend or revoke the permit;
(d) Suspend or revoke the permit upon a
			 subsequent offense;
(e) Grant or
			 deny the permit in application cases.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-22 - RULES OF PRACTICE (TOBACCO) › Section 20-X-22-.03 - Notification To Permittees Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All notices required by law to be given
			 to ABC Board permittees, 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 permits,
			 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 permittee 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 permittee at the
			 address of the permitted establishment, or the mailing address furnished by
			 such permittee on the permit application;
(c) By an agent of the ABC Board delivering a
			 copy of such notice to whomever is in charge of the permitted premises at the
			 time of serving such notice.
(d) In
			 the event the permitted 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
			 permittee at the mailing address furnished to the ABC Board by such
			 permittee.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-23 - INFORMATION REQUIRED FOR TOBACCO PERMITS (TOBACCO) › Section 20-X-23-.01 - Information Required From Applicants For Tobacco Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every applicant for an ABC Board permit,
			 in addition to information and statements required under Title 28,
Code of Ala. 1975
, shall also give the ABC Board, as
			 part of such application, the following:
(a)
			 The name, date, place of birth, address, telephone number, race, gender,
			 driver's license number, and social security number of every person who has any
			 proprietary or profit interest in the permitted establishment, except in the
			 case of public corporations, whose shares are traded on a recognized stock
			 exchange.
(b) The true, correct,
			 and complete criminal court record of all arrests and subsequent dispositions
			 for the past ten (10) years of such applicant and any other person having a
			 proprietary or profit interest therein; and in the case of corporations, clubs
			 and associations, of each officer and/or member of the board of directors of
			 such corporation, club, or association. Minor vehicular offenses may be
			 omitted; however, driving while under the influence and reckless driving cases
			 shall be disclosed. In giving such information, there shall be included the
			 name of the court(s) and the disposition of each matter.
(c) In the case of applications by
			 corporations, clubs, and associations, the person(s) making such application
			 shall certify to the correctness, truthfulness and completeness of the
			 application and shall provide the ABC Board with their authority to proffer
			 such application.
(d) An agreement
			 by invitation from the permittee, allowing duly authorized agents of the ABC
			 Board or other duly commissioned law enforcement officers of the state, county,
			 or municipality in which the permitted establishment is located, to enter and
			 search, without a warrant, the permitted premises or any building owned or
			 occupied by the permittee in connection therewith, adjoining, adjacent to, or
			 part of the curtilage thereof, whether used as a private dwelling or not, at
			 any time.
(e) If requested by the
			 ABC Board, evidence of ownership or lease of the real property where the
			 permittee's business will be located, as follows:
1. If applicant owns property, a copy of the
			 recorded deed as evidence of ownership.
2. If applicant has a contract to purchase
			 property, a copy of the recorded sales 3 contract.
3. If applicant is leasing the property, a
			 copy of the lease agreement, including information regarding:
(i) Lessor's primary business;
(ii) Lessor's involvement in any way with the
			 tobacco business; and
(iii) Any
			 further interest in, or connection with, the licensee's business by the
			 lessor.
(g)
			 Such other information as may, at their discretion, be requested by the ABC
			 Board or agents thereof.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-23 - INFORMATION REQUIRED FOR TOBACCO PERMITS (TOBACCO) › Section 20-X-23-.02 - Renewal Of Tobacco Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A renewal application for a tobacco
			 permit must be filed with the ABC Board on or before August 1 of each
			 year.
(2) Failure to file for a
			 tobacco permit renewal on or before August 1 in any year shall be cause for the
			 ABC Board to not renew the permit. This will require submission for a new
			 application if the permittee desires to continue to sell tobacco
			 products.
(3) When an original
			 tobacco permit is issued after August 1 of a permit year, a renewal application
			 shall be filed simultaneously with the issuance of the original
			 permit.
Author:
ABC Board
Statutory Authority:
Code of
				  Ala.
1975, §§
										28-3A-5;
				  28-11-4.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-23 - INFORMATION REQUIRED FOR TOBACCO PERMITS (TOBACCO) › Section 20-X-23-.03 - Change Of Ownership, Management Or Name Of Permitted Establishments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) ABC Board
			 permits shall be deemed to expire, terminate, or otherwise be void when there
			 is a substantial change of ownership in the permitted business; when a
			 permitted business is leased, rented or abandoned, or when possession is
			 otherwise surrendered to another party or parties. However, a permit may be
			 transferred as provided by statutes and these regulations.
(2) Upon the death of an individual
			 permittee, sale of the permitted business, temporary closing of the permitted
			 business, or other interruption in the operation of a permitted business, the
			 permit 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 permit, or a surviving spouse of a deceased permittee, such survivor may
			 complete the current permit year without obtaining a new permit, provided:
(a) the survivor notifies the ABC Board in
			 writing within twenty (20) days after the death of the permittee, and
(b) the survivor is otherwise
			 qualified to hold a permit. A surviving spouse must complete a new application
			 and receive local and state approval prior to operation the next permit
			 year.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-23 - INFORMATION REQUIRED FOR TOBACCO PERMITS (TOBACCO) › Section 20-X-23-.04 - Permit Transfer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 tobacco permit issued by the ABC Board is not transferable or assignable except
			 as herein provided.
(2) If a
			 location for which a permit is obtained is sold or transferred, the permit
			 shall be transferred to the person obtaining control of the location and shall
			 be valid for thirty (30) days after the property transfer.
(3) If the transferee continues to desire to
			 sell tobacco products, a new permit shall be obtained within thirty (30) days
			 of such property transfer.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-11-4;
				  28-11-7.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-23 - INFORMATION REQUIRED FOR TOBACCO PERMITS (TOBACCO) › Section 20-X-23-.05 - Suspension Or Revocation Of Permit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon suspension or revocation of a permit
			 and during the interim between the date on which notice of final adjudication
			 of suspension or revocation is given to the permittee and the effective ending
			 date of such suspension or revocation, the permittee is prohibited from
			 purchasing tobacco products under said permit.
(2) During a period of suspension, no new or
			 different permit will be issued to any other applicant for the same location or
			 in the same business name, as that of the suspended permittee; 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
			 mailed to all appropriate peace officers in the county where the affected
			 permit is located. Notice shall also be mailed to all wholesalers of tobacco
			 products operating in the territory of the affected permit.
(4) During a period of suspension, no tobacco
			 products may be possessed, stored or sold, by the permittee on the permitted
			 premises.
(5) During the period of
			 suspension or revocation of an ABC Board permit, the permittee shall post a
			 sign, supplied by the ABC Board, on the permitted premises stating that their
			 permit has been suspended or revoked. The sign for a suspended permit shall
			 read: "The privilege of selling tobacco products for these premises has been
			 suspended by the Alabama Alcoholic Beverage Control Board from (Date) to
			 (Date)." The sign for a revoked permit shall read: "The Alabama Alcoholic
			 Beverage Control Board Permit Has Been Revoked for These Premises from (Date)
			 to (Date)." 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.
(6) Within ten (10) 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
			 tobacco products from the premises if said premises is open for business to the
			 general public, members or guests during the period of suspension or
			 revocation.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-11-4.