SB243 Alabama 2018 Session

Sponsors

Session

Regular Session 2018

Title

Alcoholic beverages, wine, direct shipment to consumer, authorized under certain conditions, wine direct shipper license required by Alcoholic Beverage Control Board, penalties, Sec. 28-3A-6.1 added; Sec. 28-1-4 am'd.

Description

Currently, there is no specific license issued by 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 manufacturer to obtain a wine direct shipper permit from the Alcoholic Beverage Control Board to allow the permittee to ship limited quantities of wine directly to Alabama residents for their personal use.

This bill would authorize delivery service carriers approved by the board to deliver wine directly to residents.

This bill would also provide that a person who ships wine directly to a resident without a permit is guilty of 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 amend Section 28-1-4, Code of Alabama 1975, and to add Section 28-3A-6.1 to the Code of Alabama 1975; to allow a currently licensed wine manufacturer to obtain a wine direct shipper permit from the Alcoholic Beverage Control Board to allow the permittee to ship limited quantities of wine directly to Alabama residents for their personal use; to provide for the permitting procedure; to provide restrictions and requirements on the direct shipment of wine; to provide for issuance and renewal fees for the wine direct shipper permit; to authorize delivery service carriers to deliver wine to residents; to provide that the direct shipment of wine without a permit 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.

Subjects

Alcoholic Beverages