1 SB126
2 209363-4
3 By Senator Waggoner
4 RFD: Judiciary
5 First Read: 02-FEB-21
6 PFD: 02/01/2021
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1 SB126
2
3
4 ENROLLED, An Act,
5 Relating to alcoholic beverages; to amend Sections
6 28-1-4, 28-3-1, 28-3A-13, 28-3A-23, and 28-3A-14, Code of
7 Alabama 1975; to provide for a delivery service license from
8 the Alcoholic Beverage Control Board that authorizes the
9 licensee, using its employees or independent contractors, to
10 deliver beer, wine, and spirits directly to individuals in
11 Alabama who are at least 21 years of age for their personal
12 use; to provide for the licensing procedure; to provide
13 restrictions and requirements on the delivery of beer, wine,
14 and spirits; and to provide for issuance and renewal fees for
15 a delivery service license.
16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17 Section 1. This act has been enacted pursuant to the
18 authority granted to the state under the Twenty-first
19 Amendment to the United States Constitution and the powers
20 reserved to the state under the Tenth Amendment to the United
21 States Constitution and the inherent powers of the state under
22 the Constitution of Alabama of 1901. It is the intent of the
23 Legislature that this act maintains the current three-tier
24 system of control over the sale, distribution, purchase,
25 transportation, manufacture, consumption, and possession of
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1 alcoholic beverages in the state and promotes the health,
2 safety, and welfare of residents of this state. This act shall
3 be liberally construed to ensure that the sale, purchase,
4 transportation, manufacture, consumption, delivery, and
5 possession of alcoholic beverages shall be prohibited except
6 as authorized in this act. If any provision of this act or its
7 application to any person or circumstance is determined by a
8 court or other authority of competent jurisdiction to be
9 invalid or unconstitutional, that provision shall be stricken
10 and the remaining provisions shall be construed in accordance
11 with the intent of the Legislature to further limit rather
12 than expand commerce in alcoholic beverages, malt beverages,
13 unfortified wine, and fortified wine, and shall be construed
14 to enhance strict regulatory control over taxation,
15 distribution, and sale of alcoholic beverages through the
16 three-tier regulatory system and the franchise laws imposed by
17 this act.
18 Section 2. Sections 28-1-4, 28-3-1, 28-3A-13,
19 28-3A-14, and 28-3A-23, Code of Alabama 1975, are amended to
20 read as follows:
21 "28-1-4.
22 "(a) The words and phrases used in this section
23 shall have the meanings ascribed to them in Section 28-3-1 and
24 any acts amendatory thereof, supplementary thereto or
25 substituted therefor.
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1 "(b) It Except as provided in subsections (c) and
2 (d), it shall be unlawful for any common or permit carriers,
3 operators carrier, operator of trucks, buses, or other
4 conveyances or out-of-state manufacturers or suppliers a
5 manufacturer, supplier, or importer to make delivery of any
6 alcoholic beverage from without the State of Alabama to any
7 person, association or corporation within the state, except to
8 the Alabama Alcoholic Beverage Control Board and to
9 manufacturers, importers, wholesalers, and warehouses licensed
10 by the Alabama Alcoholic Beverage Control Board to receive the
11 alcoholic beverages so delivered.
12 "(c) Any violation of subsection (a) of this section
13 shall be a misdemeanor, punishable as provided in paragraph
14 (1) of subsection (b) of Section 28-3A-25.
15 "(d) All laws or parts of law which conflict or are
16 inconsistent with this section are hereby repealed, provided,
17 however, the provisions of Section 28-1-3 are excluded.
18 "(c) Notwithstanding subsection (b), a delivery
19 service licensee or an employee or independent contractor of a
20 delivery service licensee, pursuant to Section 3 of the act
21 adding this amendatory language, may transport and deliver
22 beer, wine, and spirits to an individual in the state who is
23 at least 21 years of age.
24 "(d) Notwithstanding any law, rule, ordinance, or
25 resolution to the contrary, this section and Section 3 of the
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1 act adding this amendatory language shall exclusively govern
2 the delivery of wine, beer, and spirits throughout the state.
3 "28-3-1.
4 "As used in this title, the following words shall
5 have the following meanings unless the context clearly
6 indicates otherwise:
7 "(1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous,
8 vinous, fermented, or other alcoholic beverage, or combination
9 of liquors and mixed liquor, a part of which is spirituous,
10 vinous, fermented, or otherwise alcoholic, and all drinks or
11 drinkable liquids, preparations or mixtures intended for
12 beverage purposes, which contain one-half of one percent or
13 more of alcohol by volume, and shall include liquor, beer, and
14 wine.
15 "(2) ASSOCIATION. A partnership, limited
16 partnership, or any form of unincorporated enterprise owned by
17 two or more persons.
18 "(3) BEER, or MALT OR BREWED BEVERAGES. Except as
19 otherwise provided in this subdivision, any Any beer, lager
20 beer, ale, porter, malt or brewed beverage, or similar
21 fermented malt liquor beverage containing one-half of one
22 percent or more of alcohol by volume and not in excess of
23 thirteen and nine-tenths percent alcohol by volume, by
24 whatever name the same may be called brewed or produced from
25 malt, wholly or in part, or from rice, grain of any kind,
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1 bran, glucose, sugar, or molasses. A beer or malt or brewed
2 beverage may incorporate honey, fruit, fruit juice, fruit
3 concentrate, herbs, spices, or other flavorings during the
4 fermentation process. The term does not include any product
5 defined as liquor, table wine, or wine.
6 "(4) BOARD. The Alcoholic Beverage Control Board.
7 "(5) BRANDY. All beverages which are an alcoholic
8 distillate from the fermented juice, mash, or wine of fruit,
9 or from the residue thereof, produced in such manner that the
10 distillate possesses the taste, aroma, and characteristics
11 generally attributed to the beverage, as bottled at not less
12 than 80 degree proof.
13 "(6) CARTON. The package or container or containers
14 in which alcoholic beverages are originally packaged for
15 shipment to market by the manufacturer or its designated
16 representatives or the importer.
17 "(7) CIDER. A fermented alcoholic beverage made from
18 apple juice and containing not more than 8.5 percent alcohol
19 by volume.
20 "(8) CLUB.
21 "a. Class I. A corporation or association organized
22 or formed in good faith by authority of law and which must
23 have at least 150 paid-up members. It must be the owner,
24 lessee, or occupant of an establishment operated solely for
25 the objects of a national, social, patriotic, political, or
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1 athletic nature or the like, but not for pecuniary gain, and
2 the property as well as the advantages of which, belong to all
3 the members and which maintains an establishment provided with
4 special space and accommodations where, in consideration of
5 payment, food with or without lodging is habitually served.
6 The club shall hold regular meetings, continue its business
7 through officers regularly elected, admit members by written
8 application, investigation, and ballot and charge and collect
9 dues from elected members.
10 "b. Class II. A corporation or association organized
11 or formed in good faith by authority of law and which must
12 have at least 100 paid-up members. It must be the owner,
13 lessee, or occupant of an establishment operated solely for
14 the objects of a national, social, patriotic, political, or
15 athletic nature or the like. The club shall hold regular
16 meetings, continue its business through officers regularly
17 elected, admit members by written application, investigation,
18 and ballot, and charge and collect dues from elected members.
19 "(9) CONTAINER. The single bottle, can, keg, bag, or
20 other receptacle, not a carton, in which alcoholic beverages
21 are originally packaged for the market by the manufacturer or
22 importer and from which the alcoholic beverage is consumed by
23 or dispensed to the public.
24 "(10) CORPORATION. A corporation or joint stock
25 association organized under the laws of this state, the United
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1 States, or any other state, territory or foreign country, or
2 dependency.
3 "(11) DELIVERY. The transportation of alcohol
4 directly from a retail licensee of the board to an individual,
5 pursuant to Section 28-1-4 and Section 3 of the act adding
6 this amendatory language.
7 "(12) DELIVERY SERVICE LICENSE. A license issued by
8 the Alabama Alcoholic Beverage Control Board in accordance
9 with Section 3 of the act adding this amendatory language that
10 authorizes the licensee, the licensee's employees, or
11 independent contractors under a contractual or business
12 arrangement with the licensee to transport and deliver
13 alcoholic beverages.
14 "(11)(13) DRY COUNTY. Any county which by a majority
15 of those voting voted in the negative in an election
16 heretofore held under the applicable statutes at the time of
17 the election or may hereafter vote in the negative in an
18 election or special method referendum hereafter held in
19 accordance with the provisions of Chapter 2 of this title, or
20 held in accordance with the provisions of any act hereafter
21 enacted permitting such election.
22 "(12)(14) DRY MUNICIPALITY. Any municipality within
23 a wet county which has, by its governing body or by a majority
24 of those voting in a municipal election heretofore held in
25 accordance with the provisions of Section 28-2-22, or in a
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1 municipal option election heretofore or hereafter held in
2 accordance with the provisions of Act 84-408, Acts of Alabama
3 1984, appearing as Chapter 2A of this title, or any act
4 hereafter enacted permitting municipal option election, voted
5 to exclude the sale of alcoholic beverages within the
6 corporate limits of the municipality.
7 "(15) EMPLOYEE. An individual to whom an employer is
8 required to issue a W-2 tax form under federal law.
9 "(13)(16) GENERAL WELFARE PURPOSES.
10 "a. The administration of public assistance as set
11 out in Sections 38-2-5 and 38-4-1;
12 "b. Services, including supplementation and
13 supplementary services under the federal Social Security Act,
14 to or on behalf of persons to whom such public assistance may
15 be given under Sections 38-2-5 and 38-4-1;
16 "c. Service to and on behalf of dependent,
17 neglected, or delinquent children; and
18 "d. Investigative and referral services to and on
19 behalf of needy persons.
20 "(14)(17) HEARING COMMISSION. A body appointed by
21 the board to hear and decide all contested license
22 applications and all disciplinary charges against any licensee
23 for violation of this title or the regulations of the board.
24 "(15)(18) HOTEL. A building or buildings held out to
25 the public for housing accommodations of travelers or
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1 transients, and shall include motel, but shall not include a
2 rooming house or boarding house.
3 "(16)(19) IMPORTER. Any person, association, or
4 corporation engaged in importing alcoholic beverages, liquor,
5 wine, or beer, manufactured outside of the United States of
6 America into this state or for sale or distribution in this
7 state, or to the board or to a licensee of the board.
8 "(20) INDEPENDENT CONTRACTOR. An individual to whom
9 an employer is required to issue a 1099 tax form under federal
10 law.
11 "(17)(21) KEG. A pressurized factory sealed
12 container with a capacity equal to or greater than five US
13 gallons, from which beer is withdrawn by means of an external
14 tap.
15 "(18)(22) LIQUOR. Any alcoholic, spirituous, vinous,
16 fermented, or other alcoholic beverage, or combination of
17 liquors and mixed liquor, a part of which is spirituous,
18 fermented, vinous, or otherwise alcoholic, and all drinks or
19 drinkable liquids, preparations, or mixtures intended for
20 beverage purposes, which contain one-half of one percent or
21 more of alcohol by volume, except beer and table wine.
22 "(19)(23) LIQUOR STORE. A liquor store operated by
23 the board, where alcoholic beverages other than beer are
24 authorized to be sold in unopened containers.
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1 "(20)(24) MANUFACTURER. Any person, association, or
2 corporation engaged in the producing, bottling, manufacturing,
3 distilling, rectifying, or compounding of alcoholic beverages,
4 liquor, beer, or wine in this state or for sale or
5 distribution in this state or to the board or to a licensee of
6 the board.
7 "(21)(25) MEAD. An alcoholic beverage produced by
8 fermenting a solution of honey and water with grain mash and
9 containing not more than 18 percent alcohol by volume.
10 "(22)(26) MEAL. A diversified selection of food some
11 of which is not susceptible of being consumed in the absence
12 of at least some articles of tableware and which cannot be
13 conveniently consumed while one is standing or walking about.
14 "(23)(27) MINOR. Any person under 21 years of age;
15 provided, however, in the event Section 28-1-5, shall be
16 repealed or otherwise shall be no longer in effect, thereafter
17 the provisions of Section 26-1-1, shall govern.
18 "(24)(28) MUNICIPALITY. Any incorporated city or
19 town of this state to include its police jurisdiction.
20 "(25)(29) PERSON. Every natural person, association,
21 or corporation. Whenever used in a clause prescribing or
22 imposing a fine or imprisonment, or both, such term as applied
23 to association shall mean the partners or members thereof and
24 as applied to corporation shall mean the officers thereof,
25 except as to incorporated clubs the term person shall mean
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1 such individual or individuals who, under the bylaws of such
2 clubs, shall have jurisdiction over the possession and sale of
3 liquor therein.
4 "(26)(30) POPULATION. The population according to
5 the last preceding or any subsequent decennial census of the
6 United States, except where a municipality is incorporated
7 subsequent to the last census, in which event, its population
8 until the next decennial census shall be the population of the
9 municipality as determined by the judge of probate of the
10 county as the official population on the date of its
11 incorporation.
12 "(27)(31) RESTAURANT. A reputable place licensed as
13 a restaurant, operated by a responsible person of good
14 reputation and habitually and principally used for the purpose
15 of preparing and serving meals for the public to consume on
16 the premises.
17 "(28)(32) RETAILER. Any person licensed by the board
18 to engage in the retail sale of any alcoholic beverages to the
19 consumer.
20 "(29)(33) SALE or SELL. Any transfer of liquor, wine
21 or beer for a consideration, and any gift in connection with,
22 or as a part of, a transfer of property other than liquor,
23 wine, or beer for a consideration.
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1 "(30)(34) SELLING PRICE. The total marked-up price
2 of spirituous or vinous liquors sold by the board, exclusive
3 of taxes levied thereon.
4 "(31)(35) TABLE WINE. Except as otherwise provided
5 in this subdivision, any wine containing not more than 24
6 percent alcohol by volume. Table wine does not include any
7 wine containing more than sixteen and one-half percent alcohol
8 by volume that is made with herbs or flavors, except vermouth,
9 or is an imitation or other than standard wine. Table wine is
10 not liquor, spirituous, or vinous.
11 "(32)(36) UNOPENED CONTAINER. A container containing
12 alcoholic beverages, which has not been opened or unsealed
13 subsequent to filling and sealing by the manufacturer or
14 importer.
15 "(33)(37) WET COUNTY. Any county which by a majority
16 of those voting voted in the affirmative in an election
17 heretof