.05 Legislation Advances in Hawaii
Source: Berman and Company
By Jackson Shedelbower
February 9, 2020
This week, legislation that would lower the legal blood-alcohol concentration (BAC) limit for driving from 0.08 to 0.05 advanced through committee in Hawaii. Deviating from the national standard by roughly 40 percent would have a chilling effect on the dining out experience. Consumers will be discouraged from ordering even a single drink with dinner prior to driving in fear of arrest.
Vermont Introduces Legislation to Lower Drunk Driving Limit
Source: Berman and Company
By Jackson Shedelbower
January 19, 2020
This week, Vermont introduced legislation that would lower the legal blood-alcohol concentration (BAC) limit for driving from 0.08 to 0.05-joining a growing group of states that have considered the idea in recent years. Deviating from the national standard by roughly 40 percent would have a chilling effect on the dining out experience. Consumers will be discouraged from ordering more than one drink (if any) with dinner prior to driving in fear of arrest.
As of 5 pm 7/16/2020 face marks are mandatory statewide. Violations carry a possible $500 fine and jail time.
As of 8/01/2020 20-X-6.19ER has changed Last Call to 11 pm and bussed from table by 11:30 for all On Premise alcohol.
Alabama alcohol "Curbside" service has been extended until September 15th
ATTENTION ALL LICENSEES REGARDING AN EMERGENCY RULE TO ASSIST ALABAMA LICENSEES:
TO BE CLEAR, THE EMERGENCY RULE POSTED BELOW DOES NOT ALLOW THE SALE OF MIXED DRINKS OR OPEN CONTAINERS OF ALCOHOL TO GO. UNOPENED CONTAINER IS DEFINED AS A CONTAINER CONTAINING ALCOHOLIC BEVERAGES, WHICH HAS NOT BEEN OPENED OR UNSEALED SUBSEQUENT TO FILLING AND SEALING BY THE MANUFACTURER OR IMPORTER (See Section 28-3-1(32), Code of Alabama, 1975).
Can I set up and sell on the Curb?
This rule is not intended to allow sales tables to be placed outside of a licensed premise. This rule was intended to help small business owners during this state of emergency. You may take the customer’s order and bring the products that they purchased (in the limited amounts allowed by the emergency rule) outside to them.
Can I sell growlers?
A growler that meets the size limitations and sealing requirements may be sold under this temporary emergency rule, provided that the local jurisdiction allows draft beer.
Can I sell mixed Drinks?
No. Mixed drinks or any open containers of alcoholic beverages may not be sold to go. All alcoholic beverages sold under this temporary, emergency rule must be in an unopened container which is defined as a container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer (See Section 28-3-1(32), Code of Alabama,1975).
Can I sell non-alcoholic mixers that my restaurant makes?
The ABC Board only regulates alcohol sales. I would suggest reaching out to the health department or the Food and Drug Administration regarding non-alcoholic product questions.
How do I take the money?
That is up to your discretion.
The rule has specific size limitations. Can I sell, for example two 375 ml bottles instead of one 750 ml bottle? Yes. You may sell up to the limit of 750 ml of spirits, 750 ml of wine and one 6 pack of beer in whatever factory sealed bottles you have available. For example, two single beers in the sealed, unopened containers would be permitted.
Can I deliver alcohol?
Does this affect my on-premises sales?
The ABC Board has not issued orders to close any licensed business based on license type, however some counties/cities have issued orders that affect on-premises service. You should check with your local city or county offices to determine if your business is affected.
ALABAMA ENFORCING NEW TOBACCO AGE
FDA bans most flavored e-cigarette cartridges
The Alabama Alcoholic Beverage Control Board has instructed its inspectors to enforce the federal law setting the purchase age for tobacco, including e-cigarettes, at 21. "It is our understanding that the law went into effect last week," an ABC spokesman told the Alabama Retail Association this morning.
Also, the U.S. Food & Drug Administration today gave a 30-day warning to companies that manufacture, distribute and sale flavored, cartridge-based e-cigarettes. Starting Feb. 1, the only flavored cartridge e-cigarettes that can be made or purchased without risk of FDA enforcement action will be tobacco or menthol.
The new flavor enforcement policy does not apply to tank-based products.
Today's FDA action is the latest effort to curb youth use of e-cigarettes.
On Dec. 20, the president signed a spending bill into law that included a prohibition against tobacco sales to anyone younger than 21. Prior to this change, the minimum age to buy tobacco products in Alabama was 19.
The Alabama Department of Public Health suggests retailers with questions about the new age requirements contact the Center for Tobacco Products Office of Small Business Assistance at 1-877-287-1373, or via email at email@example.com.
We will continue to provide information or guidance from federal and state regulatory agencies on this issue as we receive it.
Utah has passed new DUI limits and is now the lowest BAC in the country at .05 BAC for DUI.
28-11-15(b)(1)(2) Required tobacco signage:
(a) Any person who distributes tobacco or tobacco products within this state shall post conspicuously and keep so posted at each location of distribution and vending machines a sign that is placed in such a manner that it is likely to be read by those seeking to purchase or obtain tobacco products. Each sign shall state that:
(1)Alabama law strictly prohibits the purchase of tobacco products by persons under the age of 21
(2)Proof of age required for the purchase of tobacco products.
The ABC is now enforcing this. Some of the signs provided by your vendors are not worded as the law is. Please use the official ABC sign provided to keep from getting a ticket. There have been tickets written in North Alabama for improper signage. This sign is also available on our web-site at the bottom of the forms page @ www.pastresponsiblevendor.com
New Vape Laws
Changes in Alabama's vape laws as reflected in Act#2019-233 went into effect on August 1, 2019. The act introduces major changes for retailers who advertise and/or sell alternative nicotine products, including vape devices and liquids, in the state of Alabama. These changes are geared toward limiting marketing that targets minors, as well as limiting minors' access to alternative nicotine products.
Major changes include:
As of October 1, 2018 the Responsible Vendor certification numbers will change. Currently the number for 1 license type is 610, it will now be 610 RVP 1. Currently the certification number for 2 license types is 620, it will now be 620 RVP 2.
The current read on this per the ABC is that pitchers are OK for beer or margaritas. Any other product such as daiquiris, sangria or others would require additional approval from the ABC. If you are or wish to serve other than beer or margaritas, call the ABC and ask them to get Montgomery approval. Once the new regulation is printed and approved we will know for sure and I will send it in its entirety.
Also remember if the licensee makes their own sangria it must be kept in a mixer which is constantly stirring (not just a container). If not, it is considered "Adulteration of Alcohol".
Alabama's Human Trafficking Law
Businesses that are required to post the human trafficking poster include:
All persons owning any establishment that requires a liquor license or alcoholic beverage license and that does not also have a food or beverage permit, or both;
any hotel that been cited as a nuisance as defined in Sections 13A-12-110 to 13A-12-122, inclusive, of the Code of Alabama 1975, or where the establishment has been cited as a nuisance as defined in Section 6-5-140;
any airport, bus, or train station;
and any business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad both above and below the waist.
The poster should be posted in a conspicuous location to the public at the entrance of the business or where such posters and notices are customarily posted. The poster must be at least 8.5 x 11 inches. The posters are available here in English and Spanish. Please contact the ABC Board Legal Division at (334) 260-5442 if you need an additional language.
You can download and print copies of the posters in English or Spanish from our "Filing and Forms" page, page 3 on this site.
Congratulations to Captain Hal Taylor of the ABC. This morning (4/13/17) Governor Kay Ivey promoted Hal to the top law enforcement position in the state of Alabama. Hal is now acting Secretary of ALEA, Alabama Law Enforcement Agency. The Governor couldn't have made a better choice. Again, congratulations Secretary Taylor!
The new Alexander Shunnarah commercials refer directly to DUI prosecution. He talks about suing both the person charged with DUI who hurt your family and the business that sold them the alcohol. That is DRAM SHOP. Be aware and do your due diligence. Train your people and follow the ABC rules, laws and regs.
Recently approved ID's State of Alabama, Alabama Law Enforcement Agency temporary license. New temporary licenses will be black and white, not color. Payment receipts for temporary licenses printed from a District Office renewal kiosk are valid for driving and identification purposes. Copies of these ID's are available to you in (secure) XPS document format. If you e-mail me and ask for a copy I will return them by e-mail. You will need to have XPS or download it to view these documents. firstname.lastname@example.org
Also, please be aware that saving your license information in an electronic format (on your cell phone) is not considered a license. You must print it out and carry a printed copy.
North Alabama and Corporate Trainer,
George Burgess (owner P.A.S.T.)
@256-509-7610 / 256-895-0403 or email@example.com
Next classes: Cancelled due to Coronavirus Tuesday ??? 1 pm, "On Premise", pubs, taverns, special events, riverboats, speedways, breweries, wineries, ball parks, concessions, 040 On/Off beer and 060 On/Off wine .
Wednesday ??? "Off Premise" grocery, package and convenience stores.
1 pm at Turner Beverage, upstairs on the left.
Turner Beverage Co., Inc.
1935 Max Luther Dr.
Huntsville, Al. 35811.
Madison County, Mental Health of Madison County, Telly Lanier @256-705-6493
Birmingham/Jefferson County, Birmingham Budweiser, J. David Aldrich @205-529-7934 or firstname.lastname@example.org
Tuscaloosa/Northport/West Alabama, Adams Beverage, Bruce Brown @205-292-3026. Classes 3rd Tuesday of every month. Call Bruce for times.
Opelika/Auburn, Adams Beverages, Brittany Webb @334-718-9765 or email@example.com
Opelika/Auburn, Lee, Russell, Chambers and Tallapoosa Counties, East Alabama Mental Health, Chelsea Neighbors, Gina Smith and Brian Jackson @334-742-2112
Sylacauga/Anniston/Shelby County, Bama Budweiser of Shelby County, Don Ransom (Off Premise) @800-443-8647/205-369-6798
James Perini (On Premise) @205-704-0667 or firstname.lastname@example.org
Gulf Shores/Orange Beach/Mobile and the coast, Chris Ybarra Office: 251-981-9268 Cell: 251-200-2630 or email@example.com"
Region A: Theodore (251) 653-0015/Summerdale (251) 947-2971/Thomasville (334) 637-0131
COUNTIES: Choctaw, Clarke, Monroe, Washington, Conecuh, Mobile, Baldwin, Escambia
Region B: Andalusia (334) 222-3200/Dothan (334) 792-9155
COUNTIES: Butler, Crenshaw, Pike, Barbour, Covington, Coffee, Dale, Henry, Geneva, Houston
Region C: Tuscaloosa (205) 758-7501 COUNTIES: Pickens, Tuscaloosa, Greene, Sumter, Hale, Bibb, Perry, Marengo, Dallas, Wilcox
Region D: Montgomery (334) 213-6311/Auburn (334) 826-1137
COUNTIES: Chilton, Coosa, Tallapoosa, Chambers, Autauga, Elmore, Lee, Lowndes, Montgomery, Macon, Bullock, Russell
Region E: Florence (256) 764-2435
COUNTIES: Lauderdale, Colbert, Franklin, Lawrence, Marion, Winston, Lamar, Fayette, Walker
Region F: Huntsville (256) 726-0401
COUNTIES: Limestone, Madison, Jackson, Morgan, Marshall, DeKalb, Cullman, Blount, Etowah, Cherokee
Region G: Birmingham-Homewood (205) 942-7955/Anniston (256) 237-3211
COUNTIES: Jefferson, Shelby, St. Clair, Calhoun, Cleburne, Randolph, Clay, Talladega
Alabama Alcoholic Beverage Control Board
Responsible Vendor Program
PO Box 1151
Montgomery, Al. 36101
Phone: (334) 213-6314