HB437 Alabama 2021 Session

Sponsors

Session

Regular Session 2021

Title

Wine, authorizing common carriers to make delivery of alcoholic beverages to residents over 21, to create a wine direct shipper permit to allow wine manufacturers to ship their table wine directly to residents, Sec. 28-3A-6.1 added; Sec. 28-1-4 am'd.

Description

Under existing law, a producer of alcoholic beverages may only sell its product to distributors or wholesalers, or directly to consumers in limited quantities at its licensed premises.

This bill would allow a 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 table wine directly to Alabama residents who are at least 21 years of age for their personal use.

This bill would impose certain duties on an Alabama winery that ships wine directly to consumers, including the collection and remittance of certain taxes.

Also under existing law, common carriers may only make delivery of alcoholic beverages to the Alcoholic Beverage Control Board or licensees of the board.

This bill would allow common carriers to make delivery of alcoholic beverages to residents who are at least 21 years of age, and places certain requirements on a common carrier making a delivery of alcoholic beverages.

This bill would provide for the permitting process and establish certain restrictions and requirements for wine direct shipment permittees.

This bill would require common carriers to report certain information regarding shipments and deliveries of alcoholic beverages made directly to consumers to the Alcoholic Beverage Control Board and the Department of Revenue.

This bill would provide that a person who ships wine directly to a resident without a permit is guilty of a Class C misdemeanor. This bill would also provide for revocation of a direct wine shipper permit or imposition of fines by the Alcoholic Beverage Control Board for violations of the terms of that permit.

This bill would authorize the Alcoholic Beverage Control Board to adopt rules.

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.

Relating to wine; to amend Section 28-1-4, Code of Alabama 1975; to add Section 28-3A-6.1 to the Code of Alabama 1975; to authorize common carriers to make delivery of alcoholic beverages to Alabama residents; to further provide for restrictions on a common carrier making a delivery of alcoholic beverages to an Alabama resident; to provide for a direct wine shipper permit that authorizes a licensed wine manufacturer or a manufacturer who holds a federal basic wine manufacturing permit to ship its table wine directly to Alabama residents who are at least 21 years of age for their personal use; to require these permittees to collect and remit certain taxes; to provide for criminal penalties for certain violations, including the direct shipment of wine without a permit; to authorize the Alcoholic Beverage Control Board to adopt rules; and in connection therewith could 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 Beverage Control Board