1 HB395
2 217962-3
3 By Representative Lovvorn
4 RFD: Economic Development and Tourism
5 First Read: 22-FEB-22
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3 Relating to alcoholic beverages; to create a
4 Hospitality Management Program license issued and regulated by
5 the Alcoholic Beverage Control Board; to specify authorized
6 activities; and to provide for license fees.
8 Section 1. (a) As used in this section, the term
9 state university means a public two-year institution of higher
10 education that has its own campus police department or a
11 four-year institution of higher education.
12 (b) Upon compliance by an applicant with this
13 section and Chapter 3A of Title 28, Code of Alabama 1975, and
14 the rules adopted thereunder, the Alcoholic Beverage Control
15 Board may issue a Hospitality Management Program license for
16 any state university that operates a school or college that
17 offers bachelors or associate degrees in Hospitality
18 Management, Hospitality Sciences, Hotel Management, Event
19 Management, Restaurant Management, or Culinary Sciences. A
20 Hospitality Management Program license may be issued to the
21 state university upon whose property the licensed premises is
22 located or to a third party licensee of the board that has
23 contracted with the state university to perform the licensed
24 activities on the premises located on the state university
25 campus.
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1 (c) An application for a license under this section
2 must be accompanied by a certificate from signed by the
3 president or equivalent chief executive officer of the state
4 university upon whose property the licensed premises is
5 located. located. If the applicant is a two-year institution
6 of higher education, the application must also be signed by
7 the Chancellor of the Alabama Community College System.
8 (d) Notwithstanding any provision of Title 28, Code
9 of Alabama 1975, including subdivision (a)(20) of Section
10 28-3A-25 and Section 28-3-4, Code of Alabama 1975, a
11 Hospitality Management Program license authorizes the licensee
12 to do all of the following:
13 (1) Operate distilleries, wineries, breweries, or
14 brewpubs, or any combination thereof, upon the premises of the
15 state university as necessary to effectuate the purpose and
16 mission of the state university and the academic programs
17 described in subsection (b), provided the operations shall be
18 in compliance with state and federal laws, rules, and
19 regulations and the licensee shall be approved and permitted
20 by the Alcohol and Tobacco Tax and Trade Bureau prior to
21 operating. The alcoholic beverages produced by the
22 distilleries, wineries, breweries, or and brewpubs may be sold
23 at retail as further described in subdivision (4) or used for
24 teaching purposes.
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1 (2) Conduct or support classes, seminars, and labs
2 as deemed necessary on the licensed premises and on adjacent
3 board licensed premises, whether or not operated by the
4 licensee, alone or in support of the state university's
5 academic or other programs, or by other, third-party board
6 retail licensees. The licensee may work in conjunction with
7 personnel of other, third-party licensees of the board and may
8 participate in activities of the state university. Students,
9 interns, or employees shall be considered employees, agents,
10 or servants of the licensees for the determination of
11 liability.
12 (3) Lease an area on the licensed premises to the
13 Alcoholic Beverage Control Board for use, if requested, to
14 facilitate the traffic of alcoholic beverages to other board
15 retail licensees located on the property that participate in
16 the activities of the state university. With approval of the
17 board, the licensee may be permitted to maintain a central
18 storage area for alcoholic beverages produced by the licensee
19 and to transfer and distribute the alcoholic beverages to
20 other areas or operations on the licensed premises or other
21 areas on the state university's campus, but may not leave the
22 campus except as otherwise authorized pursuant to Title 28,
23 Code of Alabama 1975.
24 (4) Purchase other liquor and wine from the board,
25 or as authorized by the board; purchase table wine and beer
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1 from any wholesale licensee of the board; and sell liquor,
2 wine, and beer dispensed from containers of any size, to
3 include draft or keg beer, for on-premises consumption or
4 off-premises consumption each day of the week, including
5 Sundays. The sale of alcoholic beverages shall be in
6 furtherance of the educational mission of the state university
7 and the academic programs described in this section, and shall
8 be confined to those buildings, facilities, and grounds that
9 comprise the premises licensed pursuant to this section.
10 (e) The Alcoholic Beverage Control Board may not
11 issue a Hospitality Management Program license to more than
12 three two-year institutions of higher education.
13 (e)(f)(e) A licensee may not manufacture 60,000 or
14 more barrels of beer per year on its licensed premises, and
15 beer sold for off-premises consumption may not exceed 864
16 ounces per customer per day.
17 (f)(g)(f) There is levied and assessed, upon all
18 alcoholic beverages manufactured and sold at retail as
19 provided in this section, the privilege or excise tax imposed
20 on the sale of beer by Sections 28-3-184 and 28-3-190, Code of
21 Alabama 1975; imposed on the sale of table wine by Section
22 28-7-18, Code of Alabama 1975; and imposed on the sale of
23 liquor by Sections 28-3-200 through 28-3-205, Code of Alabama
24 1975, in the same manner as provided in those sections.
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1 (e)(g)(h) (g) A licensee shall maintain Responsible
2 Vendor Program training records.
3 (h) A licensee shall post in each of its locations
4 where alcoholic beverages are served at least one sign warning
5 customers that the sale of alcoholic beverages to patrons
6 under 21 years of age is strictly prohibited. The sign shall
7 be posted at a point of sale or in any other location that is
8 visible to customers and employees.
9 (f)(h) (i) A licensee operating in compliance with
10 this section and any rules adopted by the board thereto shall
11 not be required to obtain any other license of the board under
12 Chapter 3A of Title 28, Code of Alabama 1975.
13 (g)(i) (j) An annual license fee of one thousand
14 dollars ($1,000) is levied and prescribed for a Hospitality
15 Management Program license issued and renewed by the board
16 pursuant to this section and Chapter 3A of Title 28, Code of
17 Alabama 1975.
18 Section 2. This act shall become effective on the
19 first day of the third month immediately following its passage
20 and approval by the Governor, or its otherwise becoming law.
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4 Speaker of the House of Representatives
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 09-MAR-22, as amended.
11 Jeff Woodard
12 Clerk
15 Senate 31-MAR-22 Amended and Passed
Concurred in Sen-
16 House 05-APR-22
ate Amendment
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