134 Medicine Bend Dr., Madison, AL 35758, US
New Regs, Laws and Changes
Reg and Law Updates and other changes
New Laws relating to alcohol which have been passed
7/1/2022 •
SB22: Retail wine licensees may dispense wine for off-premises consumption •
SB21: City of Lineville, Clay County authorized the sale of draft or keg beer •
SB41: Amends section relation to entertainment district in Class 1 municipalities, became law without Governor’s signature •
SB64: Relating to community development districts, sales and distribution of alcoholic beverages SB179: Provides the sales of alcoholic beverages within certain community districts •
HB119: Allows for the sale of alcoholic beverages through a drive-thru or walk-up window • HB176: Authorizes minors between 18 and 20 years old to serve alcoholic beverages when employed as a server or busser by a restaurant •
HB215: Increases the number of entertainment districts from five to nine •
HB234: Allows food trucks to sell alcoholic beverages in Class 1 municipality
All bills can be read in their entirety on the Alabama Legislature website. Use: Home-Bill Search-Search by bill number (read all restrictions).
I haven’t printed them all out because it would be over a hundred pages. If you think it might apply to you, you will need to look them up and read them. They are from 4 to 15 pages each.
email me at past@knology.net with the bill number you need and I will send it to you.
020 18 year old servers HB176 (Summary)
ABC Licensees with 18 to 20-year-old alcohol servers (only 020 Restaurants) 28-1-5 Minimum age for purchase, etc., of alcohol; employment of underage persons by board licensee. Notwithstanding the provisions of Section 26-1-1, it shall be unlawful for a person less than 21 years of age to purchase, consume, possess, or to transport any alcohol, liquor or malt or brewed beverages within the State of Alabama. Notwithstanding any other provision of this section, it shall not be unlawful for any Alcoholic Beverage Control Board licensee to employ any person under the legal drinking age to work, provided there is an adult in attendance at all times. It shall be permissible to employ persons in an on-premise licensed establishment under legal drinking age such as professional entertainers, show people, musicians, cashiers, hostesses, ushers, waiters and waitresses, busboys or girls, and the like, provided they do not serve, dispense or consume alcoholic beverages and there is an adult in attendance at all times. Notwithstanding the previous sentence, persons who are 18 years of age or older and working as a waiter, waitress, or server (not a bartender, bartenders must be 21 or over) may serve alcoholic beverages during normal dining hours in a restaurant which holds an Alcoholic Beverage Control Board restaurant retail license. An employer who employs a person between the ages of 18 and 21 to serve alcoholic beverages as provided in the preceding sentence shall be a licensee of the board who has been annually certified as a responsible vendor under the Alabama Responsible Vendor Act as provided in Chapter 10 (commencing with Section 28-10-1) of this title. • 18 years of age or older applies only to servers who have been trained in the program at the licensee and work for a Responsible Vendor (610 certified) licensee. It doesn’t mean bartender or manager, both of which must be 21 or above. • Restaurant means 020 Alabama ABC Restaurant not 040, 060, 010, 032 or other. All on-premise licensees other than 020 must have alcohol servers 21 years of age or older. • Annually certified means to continue certification each year by renewing ABC RVP certification when you renew your ABC license. Train and test all new employees within 30 days. Follow all rules, regulations and laws pertaining to the sale and service of alcohol and do Semi-Annual updates every 6 months. •As of 7/1/2022 the server age (not bartender or manager) changes to 18 instead of 19. ALL other standards remain the same. HB-176, email me if you want a copy of the bill. • George Burgess, past@knology.net
Retail alcohol delivery 20-X-6-.21 Delivery Service Licenses. (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. ABC Board Chapter 20-X-6 Supp. 12/31/21 6-21 (c) Liquor manufacturers must allocate spirits intended for retail sales in accordance with §28-3A-6 before delivery. (4) Manufacturers and/or Brewpubs with a delivery service license must abide by the off-premises consumption sales limits under §28-3A-6 and/or §28-4A-3. (5) A delivery service licensee shall return any beer, wine and/or spirits to the licensed location where the purchase originated if the delivery is unable to be completed. In no event shall a delivery service licensee leave an alcoholic beverage unattended. (6) As per ACT 2021-188, Spirits purchased with a meal order, which is delivered by a restaurant licensee holding a delivery service license or on behalf of a licensed restaurant by a delivery service licensee, cannot exceed 375 milliliters per customer. For the purposes of this section, a customer is the individual or entity that pays for and completes the transaction for the meal purchase regardless of the number of meals contained within the order. Author: ABC Board Statutory Authority: Code of Ala. 1975, §§28-3-49; 28-3A-6; 28-4A-4; 28-4A-3. History: New Rule: Published August 31, 2021; effective October 15, 2021. The license and renewal fee required for a delivery service license is $250. The one-time application fee is $100. Businesses granted a delivery service license must have equipment to scan customer IDs at the point of delivery to verify recipients are 21 or older. The law prohibits delivery to a location more than 75 miles from the retail business where the delivery originated. Delivery would not be allowed in dry counties, but delivery vehicles can travel through dry counties. The home delivery bill deals with licensed in-state retailers only – package stores, grocery stores, wineries, breweries, distillers, restaurants, etc. Businesses could use either their employees or third-party contractors to deliver alcohol to customers. While the measure allows the delivery of beer, wine and spirits, it sets limits on the amounts that can be sold to a customer in any one day. For canned or bottled beer, the maximum is 120 12-ounce containers. For draft beer, it’s 288 ounces. For wine and spirits, it’s 9,000 milliliters (about 304 ounces). Businesses with on-premises licenses, such as restaurants, cannot exceed 375 ml of alcoholic beverages, and the delivery must also be accompanied by a meal.
The term "pitcher" is defined to mean any receptacle containing a maximum of sixty (60) fluid ounces of beverages. This was worded minimum before the change.
This will effect “Beer towers or Margarita towers”, or other receptacles that contain more than 60 fluid ounces.
The two (2) attachments are new Alabama laws may be of interest to some clientele statewide?
The first attachment deals with “Synthetic controlled substances or synthetic controlled substance analogues” such as Tianeptine or Phenibut products that have been sold in Convenience stores, etc. statewide. These products are now illegal to possess or have for sale in Alabama.
The 2nd attachment prohibits the manufacture, sale, use or possession of synthetic urine or urine additives.
“No person shall knowingly manufacture, market, sell, distribute, use or possess synthetic urine or urine additive to defraud an alcohol, drug or urine screening test”.
This product is also currently found for sale in many Convenience stores, etc. across Alabama but will be illegal very soon to manufacture, market, sell, distribute, use or possess synthetic urine or urine additive to defraud an alcohol, drug or urine screening test.
I have spoken with Fed-Ex and a $4.95 additional charge will be added for "home delivery" and a 5.5% fuel surcharge as fuel prices increase because of pipeline closings and the end of fracking. Just FYI
Older
HB-46 Infused product bill is available by email @ past@knology.net
20-X-8-.10 Delivery of Alcoholic Beverages by Wholesalers and In-State Manufacturers of Beer and Wine (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 table 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 table wine shall only be to the premises of licensees authorized to purchase same, or as authorized by the Board.
20-X-8-.14 Requirements of Financial Responsibility by Manufacturers. 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 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.
20-X-9-.04 Record Keeping Requirements for In-State Manufacturers of Beer, Wine and Spirits, and Brew Pubs  1) Manufacturer licensees engaged in the manufacture of less than 60,000 barrels of beer per year; and brew pub licensee engaged in the manufacture of less than 10,000 barrels of beer per year; and wineries engaged in the manufacturing of less than 50,000 gallons of table wine per year; and any licensed winery association operating an off-site tasting room; 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 months sale 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. (2) Beer manufacturers licensees shall report and pay appropriate tax due to the ABC Board prior to the twentieth day of each month following the month of production and or sale of product: (a) The amount of beer produced on site and the amount of beer produced by a parent, subsidiary, affiliate or contract brewery. (b) The amount of beer donated and delivered to a licensed charitable special event, the date of the event, the venue, the name of the charity receiving the donation, and the ABC license number assigned to the event. (3) Brewpub licensees shall report and pay appropriate tax due to the ABC Board prior to the twentieth day of each month following the month of production and or sale of product: (a) The amount of beer brewed on site. (b) The amount of beer donated and delivered to a licensed charitable special event, the date of the event, the venue, the name of the charity receiving the donated beer, and the ABC license number assigned to the event. (4) Wine manufacturer licensees shall report and pay appropriate tax due to the ABC Board prior to the fifteenth day of each month following the month of production and or sale of product: (a) The amount of wine produced on site. (b) The amount of wine donated and delivered to a licensed charitable special event, the date of the event, the venue, the name of the charity receiving the donated wine, and the ABC license number assigned to the event. (5) Spirits manufacturer licensees shall report the amount of spirits produced on site and pay appropriate tax due to the ABC Board, prior to the twentieth day of each month following the month of production and or sale of product.
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