reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.13 - Limitations On Happy Hour And Similar Price Reductions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It shall be unlawful for any ABC Board
			 licensee to:
(a) Serve multiple drinks for a
			 single price.
(b) Establish a
			 single retail price based upon the required purchase of two or more
			 drinks.
(c) Sell or otherwise
			 furnish drinks before 10 a.m. or after 9 p.m. at a price which is reduced from
			 the usual customary or established retail price charged for such
			 drinks.
(d) Sell or provide one
			 person or group of persons drinks at prices less than those charged the general
			 public for that day.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.14 - ABC Board Off-Premises Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
No ABC Board off-premises licensee, employee, or agent thereof
				shall:
(1) Sell, furnish or give any
			 alcoholic beverage to any person if such person appears, under the totality of
			 the circumstances, to be intoxicated.
(2) Consume alcoholic beverages during the
			 individual's working hours.
(3)
			 Allow alcoholic beverages to be consumed on its 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- OPERATION OF LICENSED PREMISES › Section 20-X-6-.15 - Prohibition Against Gambling - Gaming - Betting Activities (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										13A-12-20;
				  13A-12-22;
				  13A-12-23;
				  13A-12-27;
				  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-.16 - On-Premises Retail Licensee Price List

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On-premises retail licensees shall
			 utilize a price list, of any size desired, indicating uniformly all brands of
			 alcoholic beverages offered for sale by the licensee for on-premises
			 consumption. The price list shall be furnished or visible to the patrons. The
			 preparation and expense of preparation of the price list shall be borne by the
			 retail licensee, and it shall be unlawful for the retail licensee to request or
			 require of the wholesaler the preparation or payment of the cost of providing a
			 price list, and it shall be unlawful for the wholesaler to provide such a price
			 list or pay the expense thereof.
(2) The price list shall not be displayed on
			 the licensed premises in a manner appearing to favor any brand or brands,
			 except according to the price thereof.
(3) The price list need not contain the name
			 of products being offered on a trial or temporary basis by the licensee. It is
			 presumed that a product which has been purchased, by said licensee, from a
			 licensed wholesaler or from the ABC Board on three occasions, is no longer
			 offered on a trial or temporary basis.
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-.17 - Sales From Storage Cabinets In Guest Rooms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensees of the ABC Board possessing the
			 privilege of selling liquor at retail who regularly offer to the public, for
			 compensation, transitory lodging or sleeping accommodations may provide
			 alcoholic beverages to registered guests twenty-one years of age or older in
			 storage cabinets within individual private rooms of lodging.
(2) All storage cabinets (also commonly known
			 as mini bars) in private rooms must be locked with a secure locking device. The
			 key or combination needed to open the cabinets may only be given by the
			 licensee to the registered guest responsible for the room rental.
(3) The sale of alcoholic beverages from
			 storage cabinets is deemed to occur upon the use of the key or combination to
			 the locking device. In the case of refills or restocking, the sale is deemed to
			 occur upon delivery by room service. No sale of alcoholic beverages shall be
			 made on Sundays after 2:00 A.M., except where the sale thereof is permitted by
			 law.
(4) All alcoholic beverages
			 shall be in unopened containers. After the registered guest vacates the room,
			 the licensee shall promptly inventory, lock and secure the storage cabinet. All
			 containers which have been opened must be removed from the private room. The
			 contents of the opened containers must be poured out immediately and not
			 reused.
(5) If the licensee
			 determines or has reason to believe that the registered guest having the key or
			 combination to the storage cabinet has allowed or intends to allow minors to
			 consume alcoholic beverages from the cabinet, then the licensee shall take
			 action as necessary to remove the alcoholic beverages from the cabinet and/or
			 retrieve the key or cancel the combination device.
(6) ABC Board agents may enter any room
			 containing a storage cabinet, for inspection thereof, at any time that the room
			 is not occupies by a registered guest.
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-.18 - Draft Beer For Off-Premises Consumption

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensee authorized to sell draft beer
			 for off- premise consumption and their employees may fill, refill, and sell
			 beer in a refillable container or jug that is glass, ceramic, aluminum,
			 stainless steel or other material approved by the Board that is no larger than
			 128 ounces in size and must be capable of being securely sealed in a manner
			 approved by the Board. Plastic containers may be used, but are not
			 reusable.
(2) Beer, for the purpose
			 of this rule, means beer as defined by Section
			 28-3-1(3) of the
Code of Ala. 1975
.
(3) Filling and Refilling Requirements:
(a) The container shall have the capacity to
			 hold no more than 128 ounces.
(b)
			 The container shall be filled or refilled only by the licensee or the
			 licensee's employees who are 21 years of age or older.
(c) The container shall be filled or refilled
			 only at the time the in-person sale is made and only with beer from the
			 original container.
(d) A licensee
			 may exchange a container that can be refilled, provided the exchange occurs at
			 the time of the in-person sale.
(e)
			 Prior to filling and refilling, the container and its cap shall be cleaned and
			 sanitized by the licensee or the licensee's employee in compliance with the
			 rules for refilling returnables established by the United States Food and Drug
			 Administration and the Alabama Department of Public Health.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.19 - Manufacturer Licensees With On-Premises Sales And Consumption

Current through Register Vol. 42, No. 9, June 28, 2024
Manufacturer Licensees with on-premises sales and consumption
				shall:
(1) Comply with all provisions
			 listed in
			 20-X-6-.02.
(2) Not engage in any other act prohibited by
			 Title 28 or ABC Rules and Regulations unless specifically authorized
			 herein.
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-.20 - Wine Containers for On- and Off-Premises Sales

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
			 28-3A-14,
			 holders of an 060 on- and off-premises retail table wine license may offer for
			 sale, wine in containers as approved by the ABC Board.
(2) In order to be approved, containers must
			 be inspected by ABC Board personnel for compliance with this chapter, and a
			 photograph of the approved container placed in the licensee file.
(3) Those locations conducting sales of wine
			 for on-premises consumption must conform to statutes contained in Title 28 and
			 all ABC Rules and Regulations as required for consuming on-premises.
(4) All off-premises retail sales must meet
			 the following requirements:
(a) All sales must
			 be in a sealed container and cannot exceed a total of 128 ounces or one gallon.
1. A sealed container is a container that has
			 never been used and has a secure lid or cap designed to prevent consumption
			 without the removal of the lid or cap which must be tamper- evident. The
			 container may not include a lid with an opening for a straw or sipping
			 holes.
2. A tamper-evident lid or
			 cap is one that has been sealed with a tamper-evident cover, including but not
			 limited to wax dip, heat shrink wrap, or an adhesive seal or tape affixed to
			 the lid and container in such a way that will be evident if the seal, tape or
			 wrap has been broken, tampered with and/or re-sealed. Whichever method is used,
			 any breaking, rolling, unraveling, separation, or any condition of the seal
			 such that said seal is in a condition other than as approved by the ABC Board
			 is prima facia evidence of a violation of this section.
3. The sealed container must be conspicuously
			 labeled with the words, "Contains Alcohol".
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.21 - Delivery Service Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Delivery service licensees may only deliver alcoholic beverages during the
			 retailer's regular hours of operation and shall also abide by all applicable
			 laws.
(2) There shall be no
			 discounts on alcoholic beverages purchased through a delivery service unless
			 those discounts are simultaneously offered at the physical location of the
			 licensee with off-premises retail privileges. Discounts on alcoholic beverages
			 not simultaneously offered at the licensee's physical location are
			 prohibited.
(3) Manufacturers
			 and/or Brewpubs that have a delivery service license:
(a) Manufacturers and/or Brewpubs that
			 produce beer must allocate beer intended for retail sales in accordance with
			 §
									28-3A-6 and §
									28-4A-4 before delivery.
(b) Wine
			 manufacturers must report for excise taxes all wine purchased for
			 delivery.
(c) Liquor manufacturers
			 must allocate spirits intended for retail sales in accordance with §
									28-3A-6 before delivery.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.22 - Direct Wine Shipper License And Wine Fulfillment Center License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A common or
			 permit carrier that ships or transports wine to a resident of the state shall
			 require each recipient, upon receipt of the shipment, to provide valid photo
			 identification that conforms to board rules and verifies that he or she is at
			 least 21 years of age.
(2) A common
			 or permit carrier shall return any direct wine shipment for destruction if:
(a) The recipient is under the age of 21
			 years or fails to provide proper proof of identification.
(b) The recipient appears intoxicated or the
			 environment unsafe for the consumption of alcohol.
(c) The recipient refused to sign for the
			 shipment.
(d) The recipient
			 declines to accept the shipment.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-6 - OPERATION OF LICENSED PREMISES › Section 20-X-6-.23 - Sale of Alcoholic Beverages by a Food or Beverage Truck Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any class of
			 municipalities where food or beverage trucks are authorized by law, may allow
			 fully encased food or beverage trucks, as provided for in
			 28-3A-17.1, to sell alcoholic
			 beverages for on-premises consumption in a designated area within an
			 entertainment district. Such trucks may only offer for sale food, beverages, or
			 alcoholic beverages. Alcoholic beverage sales are limited to one beverage, not
			 to exceed sixteen {16)ounces, per person, per transaction.
(2) In accordance with 20-X-6.04(2), the
			 quantity of liquor served in an individual drink shall be posted by the Food
			 and Beverage Truck licensee, in a conspicuous place visible to customers, on a
			 notice that reads "All drinks contain ounces of liquor, unless special
			 ordered". Said notice shall be no less than 8.5" X 11" with two {2) inch
			 letters.
(3) Food or Beverage Truck
			 licensees must comply with all on-premises rules and regulations, with the
			 exception of requirements for restrooms and seating.
(4) A Food or Beverage Truck licensee shall
			 notify the ABC Board at least seven (7) days in advance of each event where the
			 licensee will sell alcoholic beverages.
(a)
			 The notification shall include the exact location, the dates and times of the
			 operation, how the licensee plans to secure the alcoholic beverages, and if the
			 licensee intends to provide a seating area.
(b) If seating is to be provided, the
			 licensee must also provide a sketch of the layout, showing the dimensions of
			 the seating area and the type of boundary that will be placed to designate this
			 area. Said seating area and boundary are subject to ABC Licensing and
			 Compliance Division approval.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.01 - General Advertising Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
The following regulations shall apply to all advertising of
				alcoholic beverages regardless of medium:
(a) All proposed advertising may be submitted
			 to the ABC Board for prior approval before dissemination within Alabama. This
			 includes, but is not limited to, radio, television, newspapers, magazines,
			 billboards, point-of-sale materials, novelty items, clothing, promotions,
			 internet and aerial displays.
(b) A
			 copy in duplicate of the format and message of the proposed advertisement may
			 be submitted to the ABC Board for approval before the final release of the
			 advertisement. If submitted, one copy shall be retained by the ABC Board and
			 the other copy returned as authority for release of the
			 advertisement.
(c) Advertising
			 disseminated by way of T-shirts, caps, other clothing items and novelty items,
			 may be submitted to and approved by the ABC Board prior to distribution. This
			 regulation may be applicable to advertisements utilizing slogans, logos or
			 brand names contained on T-shirts, caps, clothing and novelty items.
(d) Although prior approval is not required,
			 failure to comply with the provisions of this chapter shall be considered a
			 violation of the advertising provisions.
(e) The ABC Board may exercise its discretion
			 to prohibit advertising it considers objectionable.
(f) All advertisements shall pertain to
			 alcoholic beverages approved and/or listed by the ABC Board at the time such
			 advertisements are disseminated.
(g) No advertisement may include any
			 illustration(s) of any person(s) consuming alcoholic beverages or any person(s)
			 posed in an immodest or sensuous manner, nor shall any advertising contain
			 profanity or offensive language.
(h) No advertisement shall include anything
			 which might appeal to minors by implying that the consumption of alcoholic
			 beverages is fashionable or the accepted course of behavior.
(i) No promotional activities, sweepstakes,
			 or contests may award alcoholic beverages as prizes.
(j) Refund coupons or cents-off coupons which
			 require or induce the purchase of table wine or beer are prohibited.
(k) No ABC Board licensee may give to
			 consumers any advertising or promotional items having more than advertising
			 value. In cases of items having more than advertising value, including but not
			 limited to T-shirts, caps, clothing and novelty items, the licensee may sell
			 such items to consumers but must recover all costs thereof on a per unit basis
			 in the resale to the consumer. This paragraph shall not be applicable to
			 alcoholic beverages packaged by the manufacturer with an item or items of
			 advertising contained therein, sometimes called an "on-pack".
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-7 - ADVERTISING PROVISIONS › Section 20-X-7-.02 - Advertising By Radio And Television (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-16;
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.03 - Advertising By Printed Medium (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author: ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-16;
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.04 - Advertising By Billboards

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any signs and/or billboards advertising alcoholic beverages and illuminated
			 with flashing lights are prohibited.
(2) The term "billboard" shall be construed
			 to mean a framework or structure no smaller than 432 square inches, customarily
			 erected and maintained by outdoor advertising agencies, erected or constructed
			 with supports annexed to the board, on which is painted, posted or placed
			 thereon advertising matter. Signs affixed to fence posts, trees, pilings, or
			 other supports not customarily designed for advertising matter are not
			 considered billboards.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-16;
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.06 - Aerial Displays

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Alcoholic beverages may be advertised by means of tethered aerial displays, and
			 shall be subject to the following terms and conditions:
(a) The licensee may receive prior written
			 approval from the ABC Board as to the display itself and proposed location.
			 Although prior approval is not required, failure to comply with the provisions
			 of this chapter shall be considered a violation of the advertising
			 provisions.
(b) Aerial displays
			 shall be tethered or anchored on the premises of a licensee, but in no event in
			 excess of 48 continuous hours.
(c)
			 Aerial displays shall be permitted only in conjunction with special events
			 and/or promotional activities and shall not be used solely in the ordinary
			 course of a licensee's business.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.07 - Wine Tastings

Current through Register Vol. 42, No. 9, June 28, 2024
Table wine tastings may be permitted subject to the following
				terms and conditions:
(a) Wine
			 tastings are permitted to be conducted on any premises holding an ABC retail or
			 wholesale license to sell wine.
(b)
			 All wine tasting events shall be subjected to the following requirements:
1. Notification shall be given by the
			 licensee to the ABC Board seven (7) days prior to the tasting event. If an
			 event is held weekly, notification may be made in writing to the ABC Board at
			 the start of the calendar year indicating the name of the business, the license
			 number, the location of the tasting, the days and times of the tastings, and
			 the duration of the weekly tasting.
2. Only products which have been approved for
			 sale within the state may be used for tastings.
3. The products used shall be designated for
			 tasting use only and shall not be sold and/or consumed otherwise.
4. Those conducting the tasting shall
			 maintain proof of purchase for the products.
5. Wine tastings shall be of a structured
			 nature and not exceed a period of 2 1/2 continuous hours.
6. All wine shall be dispensed from original
			 containers prepared by the manufacturer with labels visible to the consumer.
			 Individual samples furnished to a consumer shall contain no more than two
			 ounces of the wine.
7. Tastings
			 shall be conducted by licensed wine wholesalers or manufacturers on any of the
			 licensed premises referred to in (a) above. The wholesaler or manufacturer
			 shall be permitted to conduct wine tastings utilizing its own personnel, or
			 industry representatives who have permits and identification, with assistance
			 from retail personnel if desired. At all tastings, the wholesaler, the
			 manufacturer, or the retail licensee shall provide for purposes of the
			 promotion, a person with a sufficient knowledge of the product(s) involved to
			 conduct said tastings.
8. Any
			 product with a broken seal shall be removed from the licensees' premises at the
			 end of the tasting event.
9. All
			 cost of a wine tasting, including the cost of the wine, shall be borne by the
			 licensee on whose premises the wine tasting is held.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.08 - Alcoholic Beverage Purchases By Communication Services (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-7 - ADVERTISING PROVISIONS › Section 20-X-7-.09 - Advertising Using The Alabama Alcoholic Beverage Control Board Name Or Emblem - Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It
			 shall be unlawful for any licensee to use as a part of its official name or
			 trade name the following words, phrases, or initials:
"State Store," "State," "ABC" or such other description as
				might likely confuse or mislead the public into believing that the licensed
				establishment is operated by the ABC Board.
(2) It shall be unlawful for any licensee to
			 use any logo or emblem about its licensed premises or in any mode of
			 advertising that is identical to that used by the ABC Board or so similar that
			 the public would likely be confused or misled into believing that the licensed
			 premises are operated 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-7 - ADVERTISING PROVISIONS › Section 20-X-7-.10 - Beer Tastings

Current through Register Vol. 42, No. 9, June 28, 2024
Beer tastings may be permitted subject to the following terms
				and conditions:
(a) Beer tastings are
			 permitted to be conducted on any premises holding an ABC retail or wholesale
			 license to sell beer.
(b) All beer
			 tasting events shall be subject to the following requirements:
1. Notification shall be given by the
			 licensee to the ABC Board seven (7) days prior to the tasting event.
2. Only products which have been approved for
			 sale within the state may be used for tastings
3. The products used shall be designated for
			 tasting use only and shall not be sold and/or consumed otherwise.
4. Those conducting the tasting shall
			 maintain proof of purchase for the products.
5. Beer tastings shall be of a structured
			 nature and not exceed a period of 2 1/2 continuous hours.
6. All beer shall be dispensed from original
			 containers prepared by the manufacturer with labels visible to the consumer.
			 Individual samples furnished to a consumer shall contain no more than two
			 ounces of the beer.
7. Beer
			 tastings shall be conducted by beer manufacturers or wholesalers on any of the
			 licensed premises referred to in (a) above. The manufacturer or wholesaler
			 shall be permitted to conduct beer tastings utilizing its own personnel, or
			 industry representatives who have permits and identification, with the
			 assistance from retail personnel if desired. At all tastings, the manufacturer,
			 wholesaler or retail licensee shall provide for purposes of the promotion, a
			 person with a sufficient knowledge of the product(s) involved to conduct said
			 tastings.
8. All cost of a beer
			 tasting, including the cost of the beer, shall be borne by the licensee on
			 whose premises the beer tasting is held.
9. Any product with a broken seal shall be
			 removed from the licensees' premises at the end of the tasting event.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-7 - ADVERTISING PROVISIONS › Section 20-X-7-.11 - Spirits Tastings

Current through Register Vol. 42, No. 9, June 28, 2024
Spirits tastings may be permitted subject to the following
				terms and conditions:
(a) Spirits
			 tastings are permitted to be conducted on any premises holding an ABC retail
			 license to sell spirits.
(b) All
			 spirit tasting events shall be subject to the following requirements:
1. Notification shall be given by the
			 licensee to the Board seven (7) days prior to the tasting event.
2. Only products which have been approved for
			 sale within the state may be used in tastings.
3. The products used shall be designated for
			 tasting use only and shall not be sold and/or consumed otherwise.
4. Those conducting the tasting shall
			 maintain proof of purchase for the products.
5. Spirits tastings shall be of a structured
			 nature and not exceed a period of 2 1/2 continuous hours.
6. All spirits shall be dispensed from
			 original containers prepared by the manufacturer with labels visible to the
			 consumer. Individual samples furnished to a consumer shall contain no more than
			 one-half ounce of the spirits. No more than three (3) samples may be furnished
			 to a consumer in one calendar day.
7. Spirits tastings shall be conducted by
			 licensed manufacturers or their representative on any of the licensed premises
			 referred to in (1)(a) above. The representative shall be permitted to conduct
			 spirits tastings utilizing its own personnel, or industry representatives who
			 have permits and identification, with assistance from retail personnel if
			 desired. At all tastings, the manufacturer or manufacturer's representative
			 shall provide for purposes of the promotion, a person with a sufficient
			 knowledge of the product(s) involved to conduct the tastings.
8. Any product with a broken seal shall be
			 removed from the licensees' premises at the end of the tasting event.
9. All cost of a spirits tasting, including
			 the cost of the spirits, shall be borne by the licensee on whose premises the
			 spirits tasting is held.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.01 - Manufacturer And Importer Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each licensed manufacturer or importer of
			 beer, malt-based beverages, or table wine shall file, with the ABC Board, a
			 consolidated report prior to the twentieth day of each month on a form supplied
			 or approved by the ABC Board. This report may include not only printed reports,
			 but also reports presented on electronic media in such format as approved by
			 the Board. This report shall include:
(a) All
			 beer, malt-based beverages, or table wine shipped into Alabama, giving the
			 number of cases, number of containers per case, size of container, invoice
			 number, date of shipment and to whom sold.
(b) A copy of each sales invoice of beer,
			 malt-based beverages or wine shipped into the State.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.02 - Importer Licensee Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prior to making any sales in Alabama,
			 each importer licensee shall file with the ABC Board, a list of its product
			 labels to be sold in Alabama, territorial agreements with wholesale licensees
			 for these products and federal certificates of label approval for these
			 products.
(2) Each resident
			 importer licensee shall file a report of all alcoholic beverages received in
			 Alabama during the preceding month. These reports shall be furnished to the ABC
			 Board on or before the twentieth day of each month following the month of
			 receipt in a manner approved by the Board.
(3) If the resident importer licensee is also
			 licensed as an Alabama wholesaler, the inventories of each license shall be
			 maintained separate and distinct wherever situated.
(4) A wine importer licensee may sell or
			 distribute wine in any size container as prepared by the
			 manufacturer.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-7.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.03 - Assessment On Direct Import For Personal Use

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person, firm, organization or
			 corporation desiring to purchase for personal use any alcoholic beverages
			 outside of Alabama for delivery into Alabama shall first secure written
			 approval from the ABC Board prior to said importation, except as authorized by
			 ACT 2021-419.
(a) The alcoholic beverages
			 shall be ordered and paid for by the purchaser, including prepaid freight
			 charges.
(b) The shipment of said
			 alcoholic beverages shall be consigned to the purchaser in care of an ABC Board
			 state liquor store.
(c) Upon
			 arrival at the ABC Board state liquor store and upon payment of the assessments
			 provided herein, the purchaser may assume possession thereof.
(d) All alcoholic beverages brought into
			 Alabama under this regulation shall be for personal use and not for
			 resale.
(e) There shall be no
			 delivery of alcoholic beverages to any person, firm, organization, or
			 corporation within this state who is not a licensee of the ABC Board except as
			 provided herein. Nothing contained in this regulation shall prevent persons
			 from bringing alcoholic beverages into Alabama through the U.S. Customs Office
			 at the Port of Mobile or any other U.S. Customs office in the State of Alabama.
			 Any assessment thereon shall be paid to the designated ABC Board representative
			 in accordance with the formulas set forth below.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.04 - Interstate Transportation Of Alcoholic Beverages

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as authorized by
			 28-1-4,
			 no alcoholic beverages may be delivered from outside Alabama to any person,
			 firm, corporation or association within the state, except to the ABC Board and
			 to manufacturers, importers, wholesalers and warehouses licensed by the ABC
			 Board.
(2) Except as provided for
			 in
			 28-1-4,
			 the driver of any vehicle importing alcoholic beverages into Alabama shall have
			 in their possession a bill of lading, consignment, or other documentary
			 evidence of ownership of the entire cargo on board. The bill of lading,
			 consignment, or other evidence must identify the origin and destination of the
			 cargo and an itemized listing of the cargo.
(3) Common or permit carriers shall follow
			 all federal and state laws regarding the transportation of alcoholic
			 beverages.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-1-4;
				  28-3-6;
				  28-3-49.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.05 - Use Of Port Of Mobile Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Subject to ABC Board regulations, alcoholic beverages may be
				imported from or exported to foreign points or transferred by coastal or
				intercoastal movement to or through the Port of Mobile, Alabama. Such beverages
				may be stored at the Port of Mobile or any facility of the Alabama State Docks
				for delivery to the ABC Board or for transshipment to other destinations where
				such shipments are otherwise legal.
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-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.06 - Industry Representatives

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Manufacturer or importer licensees may have representatives call upon retail
			 licensees of the ABC Board to explain the proper and prudent use of the
			 licensees' alcoholic beverage products. The industry representative may conduct
			 classes and seminars, which are educational in nature. However, the industry
			 representative may not sell to or take an order from any retail licensee for
			 any alcoholic beverage product, nor may the industry representative sell to or
			 take an order from any wholesale licensee of the ABC Board for any alcoholic
			 beverage product except wine and/or beer.
(2) In order to qualify to be an industry
			 representative, the person must be an authorized delegate of a manufacturer or
			 importer licensee and of good moral character. The manufacturer or importer
			 licensee shall provide the ABC Board with an affidavit stating the name,
			 address and method of compensation of every industry representative.
(3) The manufacturer or importer licensee
			 shall pay the ABC Board an annual fee of fifteen dollars ($15.00) due October 1
			 of each year for each individual industry representative within Alabama. Each
			 industry representative will be furnished an ABC Board identification card
			 which must be kept on their person at all times while within Alabama.
(4) It is not necessary for a manufacturer or
			 importer licensee to have an industry representative in order to conduct
			 business with the ABC Board, nor is it necessary for a beer or wine
			 manufacturer or importer to have an industry representative in order to conduct
			 business with beer and wine wholesalers within Alabama.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-25(a)(16).
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.07 - Samples - Gifts - Gratuities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No samples, gratuities, gifts or anything
			 of value shall be given or otherwise provided to the Administrator, Assistant
			 Administrator, members of the ABC Board, any employees of the ABC Board, or to
			 any licensee of the ABC Board, except as follows:
(a) An industry representative or a wholesale
			 licensee may furnish at no charge a sample of alcoholic beverages to a licensee
			 who has not previously purchased that brand within the previous six (6) months.
			 For each individual licensee, the industry representative shall not give more
			 than 750 milliliters of any brand of distilled spirits, nor more than 3 liters
			 of any brand of wine nor more than one case of beer. If a product is not
			 packaged in a size with the quantity limitations herein provided, the next
			 largest size may be utilized.
(b)
			 An industry representative or a wholesale licensee may furnish or supply
			 materials to be used for point-of-sale advertising. Such materials shall have
			 no value except for advertising. Point-of-sale advertising material(s)
			 determined to have financial worth in excess of advertising value shall not be
			 distributed to a retailer until the cost thereof is paid by said retailer to
			 the supplier thereof.
(c) Meals,
			 entertainment, gifts and/or travel may be given to ABC Board personnel under
			 the following conditions:
(i) The above
			 activities must relate to legitimate ABC Board business purposes, wherein there
			 is specialized dialogue, interaction and an exchange of information, ideas and
			 research beneficial to the ABC Board.
(ii) The exceptions provided herein shall be
			 subject to any limitations otherwise imposed by law.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.08 - Warehousing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
			 desiring to maintain one or more warehouses in Alabama for the storage of
			 alcoholic beverages, prior to the establishment thereof, shall make written
			 application to the ABC Board for a Warehouse License pursuant to Section
			 28-3A-10,
Code of Ala. 1975
, as well as furnish any additional
			 information required by the ABC Board.
(2) Copies of invoices of all warehouse
			 transactions shall be on file at the warehouse(s) at all times. If a warehouse
			 licensee is also a licensed wholesaler or manufacturer, copies of invoices of
			 all warehouse transactions shall also be maintained at the main office
			 thereof.
(3) A warehouse licensee
			 shall be authorized to receive, store, and warehouse alcoholic beverages, but
			 shall not be authorized to transport or deliver any alcoholic beverages,
			 provided that this provision shall not apply to a manufacturer's redistribution
			 center.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-43(a)(4)(12);
				  28-3-49;
				  28-3A-10.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.10 - Delivery Of Alcoholic Beverages By Wholesalers And In-State Manufacturers Of Beer And Wine

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Deliveries
			 of alcohol, including donated beer and wine to charitable special events and
			 wine deliveries to off-site tasting rooms, shall be made by the wholesaler,
			 manufacturer, agent or employee of the same in a vehicle bearing signage on
			 each side identifying the licensee and transporting in the vehicle a current
			 copy of the license or permit and the bill of lading.
(2) Any delivery of beer or wine from the
			 warehouse of a licensed wholesaler to anyone unauthorized to accept delivery of
			 same is prohibited.
(3) Any ABC
			 Board licensee authorized to purchase alcoholic beverages from a wholesaler may
			 do so at the premises of the wholesaler and transport such beverages to the
			 licensee's premises, provided a copy of the current ABC Board license is
			 located in the transporting vehicle. No retail licensee, agent or employee
			 thereof may purchase or transport alcoholic beverages for any other licensee of
			 the ABC Board. This shall not prohibit a wholesale licensee from making
			 deliveries to the premises of its retail customers. All sales and deliveries of
			 alcoholic beverages under this section shall comply with Chapter 8 of Title 28,
Code of Ala. 1975
.
(4) All deliveries by wholesale licensees of
			 beer and/or wine shall only be to the premises of licensees authorized to
			 purchase same, or as authorized by the Board.
(5) A wholesale licensee of the Board may
			 conduct one full product reset per retail store, per calendar year, provided
			 the licensee may not alter or disturb the product of other wholesale licensees.
			 This reset may be broken up into no more than two (2) subsections for beer and
			 three (3) subsections for wine where the sum of the partial resets equals one
			 full reset. All retail licensees shall be treated equally and provided with the
			 same services.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49;
				  28-3A-25(a)(13).
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.11 - Keg Or Draft Beer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 beer wholesale licensee selling draft beer may furnish without charge to a
			 retail licensee, only the following equipment:
(a) The device for tapping the keg;
(b) The CO2 lines and beer lines from the keg
			 and CO2 bottle to the faucet; and
(c) The tap knob.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.12 - Label Approval

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
			 alcoholic beverage products will be sold or distributed within the state
			 without having first received approval of the label thereon by the ABC
			 Board.
(2) No label shall be
			 approved by the ABC Board which would violate the prohibitions listed in
			 20-X-7-.01 or general advertising of alcoholic beverages.
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-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.13 - Brand And Brand Extension

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Brand" is any word, name, group of
			 letters, symbol, or combination thereof that is adopted and used by a
			 manufacturer or importer to identify a specific beer or malt beverage product,
			 and to distinguish that product from another beer or malt beverage
			 product.
(2) "Brand extension" is
			 any brand (a) which incorporates all or a substantial part of the unique
			 features of a preexisting brand of the same manufacturer or importer, and (b)
			 which relies to a significant extent on the goodwill associated with that
			 preexisting brand.
(3) A
			 manufacturer or importer who assigns a brand extension to a wholesaler must
			 assign the brand extension to the wholesaler to whom the manufacturer or
			 importer granted the exclusive sales territory for the brand from which the
			 brand extension resulted, unless the wholesaler declines to distribute and sell
			 that brand extension.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										28-3-49,
				  28-8-2.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.14 - Requirements Of Financial Responsibility By Manufacturers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All manufacturers' licensees in this
			 state with retail privileges:
(a) May be
			 certified to participate in the Alabama Responsible Vendor Program prescribed
			 by Title 28, Chapter 10, and Rule 20-X-12.
(b) Shall be required to obtain and maintain,
			 at all times, a tax bond to the ABC board equal to the greater amount of one
			 thousand dollars ($1000) or their annual estimated tax liability, not to exceed
			 ten thousand dollars ($10,000).
(c)
			 Shall maintain liquor liability insurance as prescribed by Rule
			 20-X-5-.14.
Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-9 - RECORD REQUIREMENTS › Section 20-X-9-.02 - Beer Wholesale Record Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All beer wholesalers shall maintain
			 records at their place of business, reflecting the following:
(a) All beer received by supplier, brand
			 name, number of cases, number of containers per case, ounces per container,
			 manufacturer's invoice number and date received. All beer received in the
			 wholesaler's warehouse shall be acknowledged by signature of a representative
			 of the wholesaler on the receiving documents. The date received shall also be
			 indicated on the documents. All beer received shall be recorded and reported to
			 the ABC Board as a receipt in the month the beer was received. Taxes shall be
			 paid when due on levy of all receipts with deduction for all allowable
			 credits.
(b) All beer sold,
			 furnished, or delivered shall have a wholesaler's invoice available which shall
			 bear information as to the recipient's name, complete address, brand name,
			 number of cases, number of containers per case, ounces per container, date of
			 delivery or pick-up, invoice number, the county and municipality where the sale
			 or delivery occurred, and where required, the retail licensee's name, complete
			 ABC license number, amount of sale, and name of any employee purchasing beer.
			 In all instances, the recipient of the beer must sign and date the invoice.
			 Stamps may be used but cannot replace signatures.
1. Sales invoices shall be prepared for sales
			 made to retail licensees and must contain the information listed in
			 (1)(b).
2. Sales invoices shall be
			 prepared for all sales to employees of the wholesaler and must contain the
			 information listed in (1)(b).
3.
			 Invoices shall be prepared for all beer furnished at no charge as samples,
			 gifts, and gratuities allowed under
			 20-X-8-.07(1)(a),
			 and for promotional/advertising beer furnished civic, charitable, fraternal, or
			 similar organizations as allowed. These invoices must contain the information
			 listed in (1), (b) and the purpose of the promotion. An employee, officer or
			 owner of a wholesale business may, on the premises of the officer or owner of a
			 wholesale business may, on the premises of the wholesaler, be offered a tasting
			 of beer to determine items for potential purchase by the wholesaler or to
			 develop new marketing strategies of existing product offerings. The wholesaler
			 shall be responsible for the payment of all state and local taxes and any other
			 taxes due the State of Alabama for beer furnished in this manner.