New Regs, Laws and Changes

Reg and Law Updates

 The new 2018 edition of P.A.S.T. ABC RVP is now available and includes the new rules, laws and regs.

  

ABC Board Gives Licensees Flexibility With Pitcher Sales 

07/13/2017 

Over the last few months, licensees have requested that the agency take a fresh look at the Code Section that for years was interpreted to allow only beer to be served in pitchers. Alabama code section 28-3A-25(a)(9) says it is unlawful: "For any person to fortify, adulterate, contaminate, or in any manner change the character or purity of alcoholic beverages from that as originally marketed by the manufacturer, except that a retail licensee on order from a customer may mix a chaser or other ingredients necessary to prepare a cocktail or mixed drink for on-premises consumption."

Even though most of the recent interest shown by licensees focused on the serving of Margaritas, the Code speaks to beverages that are “customarily” served in pitchers. Licensees that traditionally serve pre-mixed alcoholic beverages in pitchers will be allowed to continue this practice. The menus of many restaurants and bars in Alabama already offer several beverages by pitcher. This updated interpretation should give licensees the flexibility they need to meet the needs of their customers, while maintaining the integrity of the original rule.

Alabama is recognized nationally by both regulators and those within the alcohol and restaurant industry for its well-designed system of checks and balances when it comes to alcohol. The ABC Board prides itself on being responsive to licensees’ concerns, while promoting temperance and protecting the health and safety of the citizenry, as its mission 

    


    

 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.             ­