1 SB397
2 213126-3
3 By Senators Jones, Scofield, Livingston, Barfoot, Beasley,
4 Singleton and Gudger
5 RFD: Fiscal Responsibility and Economic Development
6 First Read: 20-APR-21
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1 SB397
2
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4 ENROLLED, An Act,
5 Relating to alcoholic beverages; to add Section
6 28-7-10.1 to the Code of Alabama 1975, to provide for the
7 licensure of wine manufacturers by the Alcoholic Beverage
8 Control Board in dry counties for the sale, shipment, and
9 delivery of wine produced and bottled by the winery to a
10 licensed distributor in this state or for legal distribution
11 outside of this state; and to amend Section 28-3A-3, Code of
12 Alabama 1975, to conform to this act.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14 Section 1. Section 28-7-10.1 is added to the Code of
15 Alabama 1975, to read as follows:
16 (a) Upon an applicant's compliance with this section
17 and the rules adopted pursuant to this section, the Alcoholic
18 Beverage Control Board may issue a wine manufacturer license
19 to the applicant which shall authorize the licensee to
20 manufacture or otherwise distill, produce, ferment, bottle, or
21 compound wine in a dry county only for the sale for
22 distribution outside of the county. No person shall
23 manufacture or otherwise distill, produce, ferment, bottle, or
24 compound wine in a dry county for sale or distribution unless
25 the person or the authorized representative of the person has
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1 been granted a wine manufacturer license issued by the board
2 pursuant to this section.
3 (b) A wine manufacturer licensed under this section
4 is prohibited from doing any of the following:
5 (1) Selling any wine direct to any retailer or for
6 consumption on the premises where sold.
7 (2) Selling or delivering any wine in other than
8 original containers approved as to capacity by the board and
9 in accordance with standards of fill prescribed by the U.S.
10 Treasury Department.
11 (3) Maintaining or operating within the state any
12 place or places, other than the place or places covered by the
13 wine manufacturer license.
14 (c) Any wine manufactured in the dry county by the
15 manufacturer licensed pursuant to this section may be sold
16 only for shipment and delivery to a licensed wine distributor
17 in this state or to a legal distributor outside of this state.
18 (d) A wine manufacturer licensee licensed pursuant
19 to this section shall be required to file with the board,
20 prior to making any sales, a list of its labels to be sold and
21 shall file with the board its federal certificate of label
22 approvals or its certificates of exemption as required by the
23 U.S. Treasury Department. All wines whose labels have not been
24 registered as herein provided for shall be considered
25 contraband and may be seized by the board or its agents, or
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1 any peace officer of the state without a warrant and the goods
2 shall be delivered to the board and disposed of as provided by
3 law.
4 (e) A wine manufacturer licensee licensed pursuant
5 to this section shall be required to send to the board prior
6 to the twentieth day of each month a consolidated report of
7 all shipments of alcoholic beverages made to each wholesaler
8 during the preceding month. The reports shall be in the form
9 and shall contain the information as the board may require.
10 (f) Every wine manufacturer licensed pursuant to
11 this section shall keep at its principal place of business
12 within the state, daily permanent records which shall show the
13 quantities of raw materials used in the manufacture of wine,
14 and the quantities of wine manufactured and stored, the sale
15 of wine, the quantities of wine stored for hire or transported
16 for hire by or for the licensee, and the names and addresses
17 of the purchasers of the wine.
18 (g) Every place licensed as a wine manufacturer
19 pursuant to under this section shall be subject to inspection
20 by the board or by persons duly authorized and designated by
21 the board at any and all times of the day or night as they may
22 deem necessary, for the detection of violations of this
23 chapter, of any law, or of the rules of the board, or for the
24 purpose of ascertaining the correctness of the records
25 required to be kept by the licensees. The books and records of
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1 licensees shall be open for inspection at all times by the
2 board or by persons duly authorized and designated by the
3 board. Members of the board and its duly authorized agents,
4 without hindrance, may enter any place that is subject to
5 inspection hereunder or any place where records are kept for
6 the purpose of making inspections and making transcripts
7 thereof.
8 (h) Licenses issued under this section, unless
9 revoked in the manner provided in this chapter, shall be valid
10 for the license year commencing January 1 of each year.
11 (i) The board may adopt rules to implement and
12 administer this section.
13 Section 2. Section 28-3A-3 of the Code of Alabama
14 1975, is amended to read as follows:
15 "28-3A-3.
16 "(a) Subject to the provisions of this chapter and
17 regulations promulgated thereunder, the board is authorized
18 and empowered to issue and renew licenses to reputable and
19 responsible persons for the following purposes:
20 "(1) To manufacture, brew, distill, ferment,
21 rectify, bottle or compound any or all alcoholic beverages
22 within or for sale within this state.
23 "(2) To import any or all alcoholic beverages
24 manufactured outside the United States of America into this
25 state or for sale or distribution within this state.
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1 "(3) To distribute, wholesale or act as jobber for
2 the sale of alcoholic liquor.
3 "(4) To distribute, wholesale or act as jobber for
4 the sale of table wine and beer or either of them, to licensed
5 retailers within the state and others within this state
6 lawfully authorized to sell table wine or beer.
7 "(5) To store or warehouse any or all alcoholic
8 beverages for transshipment inside and outside the state.
9 "(6) To sell and dispense at retail in a lounge,
10 liquor and other alcoholic beverages.
11 "(7) To sell and dispense at retail in an
12 establishment habitually and principally used for the purpose
13 of providing meals for the public, liquor and other alcoholic
14 beverages for on-premises consumption.
15 "(8) To sell liquor and wine at retail for
16 off-premises consumption.
17 "(9) To sell and dispense at retail in a club,
18 liquor and other alcoholic beverages for on-premises
19 consumption.
20 "(10) To sell table wine at retail for off-premises
21 consumption.
22 "(11) To sell table wine at retail for on-premises
23 and off-premises consumption.
24 "(12) To sell beer at retail for on-premises and
25 off-premises consumption.
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1 "(13) To sell beer at retail for off-premises
2 consumption.
3 "(14) To sell liquor and other alcoholic beverages
4 at retail by retail common carrier with a passenger capacity
5 of at least 10 people.
6 "(15) To sell any or all alcoholic beverages at
7 retail under special license issued conditioned upon terms and
8 conditions and for the period of time prescribed by the board.
9 "(16) To sell any or all alcoholic beverages at
10 retail under a special event retail license issued for three
11 days upon the terms and conditions prescribed by the board.
12 "Provided, however, that such the licenses may not
13 be issued in dry counties where traffic in alcoholic beverages
14 is not authorized by law therein except a wine manufacturer
15 license may be issued in a dry county pursuant to Section
16 28-7-10.1. Provided the restriction of this paragraph shall
17 not apply to the issuance of a renewal of a license under
18 subdivisions (1), (2), (3), (4), and (5) where the county or
19 municipality was wet when the initial license was issued and
20 the county or municipality subsequently votes dry; however, no
21 importer or wholesaler licensee may sell or distribute
22 alcoholic beverages within a dry county (except in a wet
23 municipality therein) or within a dry municipality.
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1 "(b) The board is granted discretionary powers in
2 acting upon license applications under the provisions of this
3 chapter.
4 "(c) Licenses issued under this chapter shall,
5 unless revoked or suspended in the manner provided in this
6 chapter, be valid for the license year which shall begin on
7 the first day of October of each year, unless otherwise
8 established by this chapter or by the board. Licenses may be
9 issued at any time during the year."
10 Section 3. The provisions of this act are
11 supplemental to any laws regulating alcoholic beverages in
12 this state and shall not be construed to repeal or supersede
13 any laws or rules of the Alcoholic Beverage Control Board not
14 in direct conflict with this act.
15 Section 4. This act shall become effective on the
16 first day of the third month following its passage and
17 approval by the Governor, or its otherwise becoming law.
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1
2
3
4 President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
7 SB397
8 Senate 27-APR-21
9 I hereby certify that the within Act originated in and passed
10 the Senate, as amended.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Passed: 17-MAY-21
19
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21 By: Senator Jones
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