1 HB539
2 213583-5
3 By Representatives Daniels, Lawrence and Gray
4 RFD: Economic Development and Tourism
5 First Read: 11-MAR-21
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 HB539
1
2 ENROLLED, An Act,
3 Relating to alcoholic beverages; to amend Sections
4 28-3-1, 28-3A-6, 28-3A-14, and 28-4A-3, Code of Alabama 1975,
5 to revise the daily limit on how much beer and liquor may be
6 sold by brewpubs and certain breweries and distilleries to
7 customers for off-premises consumption; to provide further for
8 calculating which breweries qualify to sell beer at their
9 breweries for off-premises consumption; to provide further for
10 manufacturer licenses issued by the Alcoholic Beverage Control
11 Board; to revise the amount of beer a brewpub may donate to
12 charitable events; to revise definitions; and to provide
13 further for the sale of table wines at retail.
14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
15 Section 1. Sections 28-3-1 and 28-3A-14, Code of
16 Alabama 1975, are amended to read as follows:
17 "28-3-1.
18 "As used in this title, the following words shall
19 have the following meanings unless the context clearly
20 indicates otherwise:
21 "(1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous,
22 vinous, fermented, or other alcoholic beverage, or combination
23 of liquors and mixed liquor, a part of which is spirituous,
24 vinous, fermented, or otherwise alcoholic, and all drinks or
25 drinkable liquids, preparations or mixtures intended for
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1 beverage purposes, which contain one-half of one percent or
2 more of alcohol by volume, and shall include liquor, beer, and
3 wine.
4 "(2) ASSOCIATION. A partnership, limited
5 partnership, or any form of unincorporated enterprise owned by
6 two or more persons.
7 "(3) BEER, or MALT OR BREWED BEVERAGES. Except as
8 otherwise provided in this subdivision, any Any beer, lager
9 beer, ale, porter, malt or brewed beverage, or similar
10 fermented malt liquor beverage containing one-half of one
11 percent or more of alcohol by volume and not in excess of
12 thirteen and nine-tenths percent alcohol by volume, by
13 whatever name the same may be called brewed or produced from
14 malt, wholly or in part, or from rice, grain of any kind,
15 bran, glucose, sugar, or molasses. A beer or malt or brewed
16 beverage may incorporate honey, fruit, fruit juice, fruit
17 concentrate, herbs, spices, or other flavorings during the
18 fermentation process. The term does not include any product
19 defined as liquor, table wine, or wine.
20 "(4) BOARD. The Alcoholic Beverage Control Board.
21 "(5) BRANDY. All beverages which are an alcoholic
22 distillate from the fermented juice, mash, or wine of fruit,
23 or from the residue thereof, produced in such manner that the
24 distillate possesses the taste, aroma, and characteristics
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1 generally attributed to the beverage, as bottled at not less
2 than 80 degree proof.
3 "(6) CARTON. The package or container or containers
4 in which alcoholic beverages are originally packaged for
5 shipment to market by the manufacturer or its designated
6 representatives or the importer.
7 (7) CIDER. A fermented alcoholic beverage made from
8 apple juice and containing not more than 8.5 percent alcohol
9 by volume.
10 "(8) CLUB.
11 "a. Class I. A corporation or association organized
12 or formed in good faith by authority of law and which must
13 have at least 150 paid-up members. It must be the owner,
14 lessee, or occupant of an establishment operated solely for
15 the objects of a national, social, patriotic, political, or
16 athletic nature or the like, but not for pecuniary gain, and
17 the property as well as the advantages of which, belong to all
18 the members and which maintains an establishment provided with
19 special space and accommodations where, in consideration of
20 payment, food with or without lodging is habitually served.
21 The club shall hold regular meetings, continue its business
22 through officers regularly elected, admit members by written
23 application, investigation, and ballot and charge and collect
24 dues from elected members.
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1 "b. Class II. A corporation or association organized
2 or formed in good faith by authority of law and which must
3 have at least 100 paid-up members. It must be the owner,
4 lessee, or occupant of an establishment operated solely for
5 the objects of a national, social, patriotic, political, or
6 athletic nature or the like. The club shall hold regular
7 meetings, continue its business through officers regularly
8 elected, admit members by written application, investigation
9 and ballot and charge and collect dues from elected members.
10 "(9) CONTAINER. The single bottle, can, keg, bag, or
11 other receptacle, not a carton, in which alcoholic beverages
12 are originally packaged for the market by the manufacturer or
13 importer and from which the alcoholic beverage is consumed by
14 or dispensed to the public.
15 "(10) CORPORATION. A corporation or joint stock
16 association organized under the laws of this state, the United
17 States, or any other state, territory or foreign country, or
18 dependency.
19 "(11) DRY COUNTY. Any county which by a majority of
20 those voting voted in the negative in an election heretofore
21 held under the applicable statutes at the time of the election
22 or may hereafter vote in the negative in an election or
23 special method referendum hereafter held in accordance with
24 the provisions of Chapter 2 of this title, or held in
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1 accordance with the provisions of any act hereafter enacted
2 permitting such election.
3 "(12) DRY MUNICIPALITY. Any municipality within a
4 wet county which has, by its governing body or by a majority
5 of those voting in a municipal election heretofore held in
6 accordance with the provisions of Section 28-2-22, or in a
7 municipal option election heretofore or hereafter held in
8 accordance with the provisions of Act 84-408, Acts of Alabama
9 1984, appearing as Chapter 2A of this title, or any act
10 hereafter enacted permitting municipal option election, voted
11 to exclude the sale of alcoholic beverages within the
12 corporate limits of the municipality.
13 "(13) GENERAL WELFARE PURPOSES.
14 "a. The administration of public assistance as set
15 out in Sections 38-2-5 and 38-4-1;
16 "b. Services, including supplementation and
17 supplementary services under the federal Social Security Act,
18 to or on behalf of persons to whom such public assistance may
19 be given under Sections 38-2-5 and 38-4-1;
20 "c. Service to and on behalf of dependent, neglected
21 or delinquent children; and
22 "d. Investigative and referral services to and on
23 behalf of needy persons.
24 "(14) HEARING COMMISSION. A body appointed by the
25 board to hear and decide all contested license applications
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1 and all disciplinary charges against any licensee for
2 violation of this title or the regulations of the board.
3 "(15) HOTEL. A building or buildings held out to the
4 public for housing accommodations of travelers or transients,
5 and shall include motel, but shall not include a rooming house
6 or boarding house.
7 "(16) IMPORTER. Any person, association, or
8 corporation engaged in importing alcoholic beverages, liquor,
9 wine, or beer, manufactured outside of the United States of
10 America into this state or for sale or distribution in this
11 state, or to the board or to a licensee of the board.
12 "(17) KEG. A pressurized factory sealed container
13 with a capacity equal to or greater than five US gallons, from
14 which beer is withdrawn by means of an external tap.
15 "(18) 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) LIQUOR STORE. A liquor store operated by the
23 board, where alcoholic beverages other than beer are
24 authorized to be sold in unopened containers.
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1 "(20) 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) 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) MEAL. A diversified selection of food some of
11 which is not susceptible of being consumed in the absence of
12 at least some articles of tableware and which cannot be
13 conveniently consumed while one is standing or walking about.
14 "(23) 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) MUNICIPALITY. Any incorporated city or town of
19 this state to include its police jurisdiction.
20 "(25) PERSON. Every natural person, association, or
21 corporation. Whenever used in a clause prescribing or imposing
22 a fine or imprisonment, or both, such term as applied to
23 association shall mean the partners or members thereof and as
24 applied to corporation shall mean the officers thereof, except
25 as to incorporated clubs the term person shall mean such
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1 individual or individuals who, under the bylaws of such clubs,
2 shall have jurisdiction over the possession and sale of liquor
3 therein.
4 "(26) POPULATION. The population according to the
5 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) RESTAURANT. A reputable place licensed as a
13 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) RETAILER. Any person licensed by the board to
18 engage in the retail sale of any alcoholic beverages to the
19 consumer.
20 "(29) SALE or SELL. Any transfer of liquor, wine or
21 beer for a consideration, and any gift in connection with, or
22 as a part of, a transfer of property other than liquor, wine
23 or beer for a consideration.
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1 "(30) SELLING PRICE. The total marked-up price of
2 spirituous or vinous liquors sold by the board, exclusive of
3 taxes levied thereon.
4 "(31) TABLE WINE. Except as otherwise provided in
5 this subdivision, any wine containing not more than 24 percent
6 alcohol by volume. Table wine does not include any wine
7 containing more than sixteen and one-half percent alcohol by
8 volume that is made with herbs or flavors, except vermouth, or
9 is an imitation or other than standard wine. Table wine is not
10 liquor, spirituous, or vinous.
11 "(32) 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) WET COUNTY. Any county which by a majority of
16 those voting voted in the affirmative in an election
17 heretofore held in accordance with the statutes applicable at
18 the time of the election or may hereafter vote in the
19 affirmative in an election or special method referendum held
20 in accordance with the provisions of Chapter 2 of this title,
21 or other statutes applicable at the time of the election.
22 "(34) WET MUNICIPALITY. Any municipality in a dry
23 county which by a majority of those voting voted in the
24 affirmative in a municipal option election heretofore or
25 hereafter held in accordance with the provisions of Act
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1 84-408, Acts of Alabama 1984, appearing as Chapter 2A of this
2 title, as amended, or any act hereafter enacted permitting
3 municipal option election, or any municipality which became
4 wet by vote of the governing body or by the voters of the
5 municipality heretofore or hereafter held under the special
6 method referendum provisions of Section 28-2-22, or as
7 hereafter provided, where the county has become dry subsequent
8 to the elected wet status of the municipality.
9 "(35) WHOLESALER. Any person licensed by the board
10 to engage in the sale and distribution of table wine and beer,
11 or either of them, within this state, at wholesale only, to be
12 sold by export or to retail licensees or other wholesale
13 licensees or others within this state lawfully authorized to
14 sell table wine and beer, or either of them, for the purpose
15 of resale only.
16 "(36) WINE. All beverages made from the fermentation
17 of fruits, berries, or grapes, with or without added spirits,
18 and produced in accordance with the laws and regulations of
19 the United States, containing not more than 24 percent alcohol
20 by volume, and shall include all sparkling wines, carbonated
21 wines, special natural wines, rectified wines, vermouths,
22 vinous beverages, vinous liquors, and like products, including
23 restored or unrestored pure condensed juice.
24 "28-3A-14.
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1 "Upon applicant's compliance with the provisions of
2 this chapter and the regulations made rules adopted
3 thereunder, the board shall issue to applicant a retail table
4 wine license which will authorize the licensee to purchase
5 table wine from the board or from a licensed wholesaler in
6 counties and municipalities where authorized, and to sell at
7 retail, in unopened original containers, or dispense from
8 containers of any size and to sell at retail or to dispense in
9 a container approved by the board, for on-premises consumption
10 in a room or rooms or place on the licensed premises at all
11 times accessible to the use and accommodation of the general
12 public, and in original unopened containers approved by the
13 board for off-premises consumption, where such use of the
14 proposed location is not, at the time of the original
15 application, prohibited by a valid zoning ordinance or other
16 ordinance in the valid exercise of police power by the
17 governing body of the municipality or county in which the
18 outlet is located."
19 Section 2. Sections 28-3A-6 and 28-4A-3, Code of
20 Alabama 1975, are amended to read as follows:
21 "28-3A-6.
22 "(a) Upon the applicant's compliance with this
23 chapter and the rules adopted under this chapter, the board
24 shall issue to the applicant a manufacturer license which
25 shall authorize authorizes the licensee to manufacture or
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1 otherwise distill, produce, ferment, brew, bottle, rectify, or
2 compound alcoholic beverages within this state for sale or
3 distribution within this state. No person shall manufacture or
4 otherwise distill, produce, ferment, brew, bottle, rectify, or
5 compound alcoholic beverages within this state or for sale or
6 distribution within this state or to the state, the board, or
7 any licensee of the board, unless the person or the authorized
8 representative of the person shall be granted a manufacturer
9 license issued by the board.
10 The board may consider each type of alcoholic
11 beverage manufactured, whether beer, wine, or liquor, as a
12 separate and distinct operation, and the license shall contain
13 a designation of each type of alcoholic beverage for which a
14 federal basic permit or brewer's notice has been filed. No
15 licensee shall manufacture a specified type of alcoholic
16 beverage until the license contains the designation for that
17 type.
18