SB329 Alabama 2017 Session

Currently, there is no specific license of the Alcoholic Beverage Control Board relating to direct shipping of limited quantities of wine to Alabama residents for their personal use.

This bill would allow a currently licensed wine producer, supplier, importer, wholesaler, distributor, or retailer to obtain a wine direct shipper license from the Alcoholic Beverage Control Board to allow the licensee to ship limited quantities of wine directly to Alabama residents for their personal use, under certain circumstances.

A violation of the requirements of this bill would constitute a Class C misdemeanor.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

To provide for a wine direct shipper license; to allow the licensee to ship a limited amount of wine directly to an Alabama resident who is 21 years of age or older for personal use only; to provide the licensing procedure; to provide restrictions and requirements on the direct shipment of wine; to provide for issuance and renewal fees for the wine direct shipper license; to provide that an unlicensed direct shipment of wine constitutes a Class C misdemeanor; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.