SB 146

Under existing law, there is a process for establishing community development districts that meet certain requirements. Once established, the sale of alcoholic beverages for on-premises consumption is authorized within the district by certain entities otherwise licensed by the Alcoholic Beverage Control Board

This bill would provide for the sale of alcoholic beverages for off-premises consumption by licensees of the board in a specified community development district

To amend Section 35-8B-3, Code of Alabama 1975, as amended by Act 2017-350 and Act 2017-359 of the 2017 Regular Session, relating to community development districts; to provide for the sale of alcoholic beverages for off-premises consumption in a specified district.

Section 1

Section 35-8B-3, Code of Alabama 1975, as amended by Act 2017-350 and Act 2017-359 of the 2017 Regular Session, is amended to read as follows:

§35-8B-3.

(a) If a majority of the board of control of a community development district formed under Section 35-8B-1(a), (b), or (d) consents to and approves the sale and distribution of alcoholic beverages within the district, it shall be lawful to sell and distribute alcoholic beverages in the community development district in the following manner and subject to the following terms, definitions, and conditions:

(1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic beverages may be sold by the club of the district to members and their guests for on-premises consumption only. The club shall be licensed to sell alcoholic beverages to its members and their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board, upon the club's compliance with the provisions of the alcoholic beverage licensing code and the regulations made thereunder. The original application shall be accompanied by a certificate from the board of control of the district in which the licensed club is located, consenting to and approving the sale of alcoholic beverages at the club. The club shall not be required to present its application or obtain the consent and approval of any authority other than the Board of Control of the district.

(2) MEMBER. Any person or entity whose membership application has been approved by the club.

(3) ON-PREMISES CONSUMPTION. Consumption on the property of the club, including the club house, the golf course, and other recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member's account.

(b) If a majority of the board of control of a community development district formed pursuant to Section 35-8B-1(e), (f), (g), (h), (i), (j), (k), or (l) consents to and approves the sale and distribution of alcoholic beverages within the district for seven days a week, any person within the district licensed by the Alabama Alcoholic Beverage Control Board may sell alcoholic beverages in the district for on-premises consumption.

(c) If a majority of the board of a community development district formed pursuant to Section 35-8B-1(h) consents to and approves the sale of alcoholic beverages within the district for seven days a week, any person within the district with the appropriate license from the Alabama Alcoholic Beverage Control Board may sell alcoholic beverages in the district for on-premises or off-premises consumption."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.