SB 146

Session
Regular Session 2018
Title
Community development districts, alcoholic beverages, off-premises sales authorized under certain conditions, Sec. 35-8B-3 am'd.
Description

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.

Subjects
Alcoholic Beverages
View Original PDF: SB 146 - Introduced - PDF

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.

No articles found.
Action Date Chamber Action
March 21, 2018SDelivered to Governor at 4:34 p.m. on March 21, 2018
March 21, 2018SAssigned Act No. 2018-287.
March 21, 2018SEnrolled
March 21, 2018HSignature Requested
March 21, 2018SSecond House Concurs in Executive Amendment
March 21, 2018HLedbetter motion to Concur In and Adopt adopted Roll Call 938
March 21, 2018HHouse of Origin Concurs in Executive Amendment
March 20, 2018SLivingston motion to Concur In and Adopt adopted Roll Call 914
March 20, 2018SExecutive Amendment Offered
March 20, 2018SForwarded to Governor
March 13, 2018HSignature Requested
March 13, 2018SEnrolled
March 8, 2018SPassed Second House
March 8, 2018HMotion to Read a Third Time and Pass adopted Roll Call 689
March 8, 2018HThird Reading Passed
February 22, 2018HRead for the second time and placed on the calendar
January 30, 2018HRead for the first time and referred to the House of Representatives committee on Economic Development and Tourism
January 30, 2018SMotion to Read a Third Time and Pass adopted Roll Call 189
January 30, 2018SThird Reading Passed
January 25, 2018SRead for the second time and placed on the calendar
January 11, 2018SRead for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development
2018-03-21
Chamber: House
Result: Passed
2018-03-20
Chamber: Senate
Result: Passed
2018-03-08
Chamber: House
Result: Passed
2018-01-30
Chamber: Senate
Result: Passed