SB 254

Sponsor
Session
Regular Session 2018
Title
Alcoholic beverages, retail licensees, making of infusions using distilled spirits authorized, Sec. 28-3A-20.3 added; Sec. 28-3A-25 am'd.
Description

Relating to alcoholic beverages; to add Section 28-3A-20.3 to the Code of Alabama 1975, and to amend Section 28-3A-25, Code of Alabama 1975; to authorize on-premises licensees of the Alcoholic Beverage Control Board to produce, store, and sell infused products; and to authorize retail licensees of alcoholic beverages to make infusions using distilled spirits for on-site consumption.

Subjects
Alcoholic Beverages
View Original PDF: SB 254 - Engrossed - PDF

Relating to alcoholic beverages; to add Section 28-3A-20.3 to the Code of Alabama 1975, and to amend Section 28-3A-25, Code of Alabama 1975; to authorize on-premises licensees of the Alcoholic Beverage Control Board to produce, store, and sell infused products; and to authorize retail licensees of alcoholic beverages to make infusions using distilled spirits for on-site consumption.

Section 1

Section 28-3A-20.3 is added to the Code of Alabama 1975, to read as follows: §28-3A-20.3. (a) Any law to the contrary notwithstanding, including, but not limited to, subdivision (9) of subsection (a) of Section 28-3A-25, an on-premises licensee may infuse alcoholic beverages for on-premises consumption. (b) Infusion, as used in this section, shall mean an alcoholic beverage that is created by combining or mixing one distilled spirit with nonalcoholic food products and is not intended for immediate consumption. A nonalcoholic product includes the following: Spices, herbs, fruits, vegetables, candy, or other substances intended for human consumption, provided that no additional fermentation occurs and none of the additives contain any additional alcohol. (c) Any retail on-premises licensee intending to produce, store, or sell infusions shall provide written notification to the board of that intent. (d) The distilled spirit used in an infusion shall be purchased from a wholesale store licensed by the board and all applicable state taxes shall be paid. (e) The container holding an infusion shall be no larger than five gallons. (f) A batch of infused product shall satisfy all of the following: (1) Be infused, stored, and consumed only on the licensed premises. (2) Be labeled with all of the following information: a. A statement that the infused product contains alcohol. b. A title for the recipe. c. The name of the person who prepared the batch of infused product. d. The date the batch of infused product was produced. e. The expiration date of the batch of infused product. f. The brand and type of spirits used to prepare the batch of infused product. g. The amount of spirits used to prepare the batch of infused product. h. A detailed and comprehensive list of all ingredients used to prepare the batch of infused product. (3) Comply with all applicable state and federal food safety regulations. (4) Be disposed of within seven days after being prepared. (g) A batch of infused product may not: (1) Contain any added stimulant, drug, or illegal substance including, but not limited to, caffeine, guarana, ginseng, taurine, marijuana, or any product or beverage which includes stimulants that are not naturally included in the infused product or beverage including, but not limited to, an energy drink. (2) Be removed or transported from the licensed premises. (3) Be infused in, stored in, or dispensed from an original package of liquor, or container bearing an alcoholic beverage name brand. (h) The board may promulgate additional rules as necessary to implement this section.

Section 2

Section 28-3A-25 of the Code of Alabama 1975, is amended to read as follows:

§28-3A-25.

(a) It shall be unlawful:

(1) For any manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same, to sell, trade, or barter in alcoholic beverages between the hours of nine o'clock P.M. of any Saturday and two o'clock A.M. of the following Monday.

(2) For any wholesaler or the servants, agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale or retail licensees or others within this state lawfully authorized to sell alcoholic beverages, or to sell for export.

(3) For any person, licensee, or the board either directly or by the servants, agents, or employees of the same, or for any servant, agent, or employee of the same, to sell, deliver, furnish, or give away alcoholic beverages to any person under the legal drinking age, as defined in Section 28-1-5, or to permit any person under the legal drinking age, as defined in Section 28-1-5, to drink, consume, or possess any alcoholic beverages on any licensee's premises.

(4) For any person to consume alcoholic beverages on the premises of any state liquor store or any off-premises licensee, or to allow alcoholic beverages to be consumed on the premises of any state liquor store or any off-premises licensee, except as specifically allowed by law for the tasting of alcoholic beverages.

(5) For any licensee to fail to keep for a period of at least three years, complete and truthful records covering the operation of his or her license and particularly showing the date of all purchases of alcoholic beverages, the actual price paid therefor, and the name of the vendor, or to refuse the board or any authorized employee of the board access to the records or the opportunity to make copies of the records when the request is made during business hours.

(6) For any licensee or the servants, agents, or employees of the same to refuse the board, any of its authorized employees, or any duly commissioned law enforcement officer the right to completely inspect the entire licensed premises at any time the premises are open for business.

(7) For any person to knowingly sell any alcoholic beverages to any person engaged in the business of illegally selling alcoholic beverages.

(8) For any person to manufacture, transport, or import alcoholic beverages into this state, except in accordance with the reasonable rules and regulations of the board. This subdivision shall not prohibit the transportation of alcoholic beverages through the state or any dry county so long as the beverages are not for delivery therein, if the transportation is done in accordance with the reasonable rules and regulations of the board.

(9) For any person to fortify, adulterate, contaminate, or in any manner change the character or purity of alcoholic beverages from that as originally marketed by the manufacturer, except that a retail licensee on order from a customer may mix a chaser or other ingredients necessary to prepare a cocktail or mixed drink or may make infusions for on-premises consumption in accordance with Section 28-3A-20.3.

(10) For any person licensed to sell alcoholic beverages to offer to give any thing of value as a premium for the return of caps, stoppers, corks, stamps, or labels taken from any bottle, case, barrel, or package containing the alcoholic beverages, or to offer to give any thing of value as a premium or present to induce the purchase of the alcoholic beverages, or for any other purpose whatsoever in connection with the sale of the alcoholic beverages. This subdivision shall not apply to the return of any moneys specifically deposited for the return of the original containers to the owners of the containers.

(11) For any licensee or transporter for hire, servant, agent, or employee of the same, to transport any alcoholic beverages except in the original container, and for any transporter for hire to transport any alcoholic beverages within the state, unless the transporter holds a permit issued by the board.

(12) For any manufacturer, importer, or wholesaler, servant, agent, or employee of the same, to deliver any alcoholic beverages, except in vehicles bearing such information on each side of the vehicle as required by the board.

(13) For any person to sell alcoholic beverages within any dry county or county where the electors have voted against the sales, except in wet municipalities or as authorized by Section 28-3A-18.

(14) For any person, firm, corporation, partnership, or association of persons as the terms are defined in Section 28-3-1, including any civic center authority, racing commission, fair authority, airport authority, public or quasi-public board, agency, or commission, any agent thereof, or otherwise, who or which has not been properly licensed under the appropriate provisions of this chapter to sell, offer for sale, or have in possession for sale, any alcoholic beverages. Any alcoholic beverages so possessed, maintained, or kept shall be contraband and subject to condemnation and confiscation as provided by law.

(15) For any manufacturer, distiller, producer, importer, or distributor of alcoholic beverages to employ and maintain any person, who is not a full-time bona fide employee, as a resident sales agent, broker, or other like representative, for the purpose of promoting a sale, purchase, or acquisition of alcoholic beverages to or by the state or the board, or for any person who is not a full-time bona fide employee to act as an agent, broker, or representative of any manufacturer, distributor, producer, importer, or distiller for that purpose.

(16) For any person to sell, give away, or otherwise dispose of taxable alcoholic beverages within this state on which the required taxes have not been paid as required by law.

(17) For any wholesaler or retailer, or the servant, agent, or employee of the same, to sell, distribute, deliver, or to receive or store for sale or distribution within this state any alcoholic beverages unless there first has been issued by the board a manufacturer's license to the manufacturer of the alcoholic beverages or its designated representative or an importer license to the importer of the alcoholic beverages.

(18) For any person under the legal drinking age, as defined in Section 28-1-5, to attempt to purchase, to purchase, consume, possess, or to transport any alcoholic beverages within the state; provided, however, it shall not be unlawful for a person under the legal drinking age, as defined in Section 28-1-5, to be an employee of a wholesale licensee or an off-premises retail licensee of the board to handle, transport, or sell any beer or table wine if the person under the legal drinking age is acting within the line and scope of his or her employment while so acting. There must be an adult licensee, servant, agent, or employee of the same present at all times a licensed establishment is open for business.

(19) For any person, except where authorized by a local act or general act of local application, to buy, give away, sell, or serve for consumption on or off the premises, or to drink or consume any alcoholic beverages in any cafe, lunchroom, restaurant, hotel dining room, or other public place on Sunday after the hour of two o'clock A.M.

(20) Except where authorized by a local act or general act of local application, for the proprietor, keeper, or operator of any cafe, lunchroom, restaurant, hotel dining room, or other public place to knowingly permit any person to give away, sell, or serve for consumption on or off the premises, or to drink or consume any alcoholic beverages on the premises of the cafe, lunchroom, restaurant, hotel dining room, or other public place on Sunday after the hour of two o'clock A.M.

(21) For a person under the age of 21 years to knowingly use or attempt to use a false, forged, deceptive, or otherwise nongenuine driver's license to obtain or attempt to obtain alcoholic beverages within this state.

(b)(1) Any violation of subdivisions (1) through (17) of subsection (a) shall be a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than six months for the first conviction; and, on the second conviction of a violation of the subdivisions, the offense shall, in addition to the aforementioned fine, be punishable by imprisonment or at hard labor for the county for not less than three months nor more than six months to be imposed by the court or judge trying the case; and, on the third conviction and every subsequent conviction of a violation of the subdivisions, the offense shall, in addition to a fine within the limits abovenamed, be punishable by imprisonment or at hard labor for the county for not less than six months nor more than 12 months.

(2) Any violation of any provision of subdivisions (18), (19), (20), and (21) of subsection (a) shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than three months.

(c) In addition to the penalties otherwise provided for a violation of subdivisions (18) and (21) of subsection (a), upon conviction, including convictions in juvenile court or under the Youthful Offender Act, the offender's license to operate a motor vehicle in this state shall be surrendered by the offender to the judge adjudicating the case for a period of not less than three months nor more than six months. The judge shall forward a copy of the order suspending the license to the Department of Public Safety for enforcement purposes."

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 15, 2018HPending third reading on day 21 Favorable from Economic Development and Tourism
March 15, 2018SFiscal Responsibility and Economic Development first Amendment Offered
March 15, 2018HRead for the second time and placed on the calendar
February 27, 2018HRead for the first time and referred to the House of Representatives committee on Economic Development and Tourism
February 27, 2018SEngrossed
February 27, 2018SMotion to Read a Third Time and Pass adopted Roll Call 520
February 27, 2018SSanford motion to Adopt adopted Roll Call 519
February 27, 2018SFiscal Responsibility and Economic Development Amendment Offered
February 27, 2018SThird Reading Passed
February 8, 2018SRead for the second time and placed on the calendar 1 amendment
January 30, 2018SRead for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development
2018-02-27
Chamber: Senate
Result: Passed
2018-02-27
Chamber: Senate
Result: Passed