Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS › Section 20-X-8-.09 - Sales By Wholesalers

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 All sales of alcoholic beverages made by wholesalers to retail licensees shall
			 be for cash. Cash in this instance means any United States legal tender
			 currency, electronic transfer of funds from the retail licensee to the
			 wholesaler licensee, check drawn on the retail licensee's account, bank
			 certified check or cashier's check, guaranteed check or postal money order, all
			 payable to the wholesaler licensee. Cash shall also include a state warrant
			 when a state agency is the retail licensee. Cash shall not include a credit
			 card or debit card with regard to sales of alcoholic beverages made by
			 wholesalers to retail licensees. The product delivery and payment therefor
			 shall be a simultaneous transaction. Any check or money order shall be received
			 upon delivery and deposited within one banking day after the product delivery
			 and payment thereof. Any electronic transfer of funds shall be a simultaneous
			 transaction with product delivery and funds transferred to the wholesaler's
			 account shall be completed not later than one banking day after the delivery.
			 No credit may be extended, except to a municipal, county, or state agency that
			 is a retail licensee, and payment at any other time or by any other means shall
			 constitute an illegal extension of credit. Failure to comply with the
			 provisions herein shall constitute separate violations of this regulation by
			 both vendor and vendee. In the event a vendor selects any approved method of
			 payment as an alternative to legal tender, any risk of loss associated
			 therewith shall be the sole responsibility of the parties and shall not
			 constitute a violation of this regulation.
(2) All wholesalers at the time of sale shall
			 furnish the retail licensee an invoice showing the quantity of alcoholic
			 beverages purchased, the price per unit, any deposits refunded for returnable
			 containers, the licensee's name, complete address, and license number. All
			 invoices shall be marked as paid by the wholesaler, dated and signed by the
			 retail licensee or their duly authorized representative to acknowledge receipt
			 of the goods.
(3) Every wholesaler
			 shall ascertain that all purchasers possess a currently valid license issued by
			 the ABC Board prior to any sales thereto, except as otherwise authorized by the
			 Board.
(4) Once any alcoholic
			 beverage is sold and delivered by a wholesaler licensee to a retail licensee in
			 salable condition, it shall be unlawful for the wholesaler to repurchase, pick
			 up or trade out any alcoholic beverages other than out-of-date or close to
			 out-of-date beverages, and then only if in salable condition, or for any
			 retailer to request that the wholesaler repurchase, pick up or trade out any
			 other alcoholic beverages. This prohibition is not intended to prevent the pick
			 up or return of goods damaged prior to or during delivery by the wholesaler
			 licensee or goods otherwise returnable under customary warranty practices in
			 sales transactions.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-3-49.