SB285 Alabama 2023 Session

Summary

Primary Sponsor

Andrew Jones Senator

Republican

Session

Regular Session 2023

Title

Relating to wine and mead; to amend Section 28-3A-20.4, Code of Alabama 1975, to provide that a nonprofit organization may be issued a license to host a wine festival; to further provide for the application process and conditions of licensure to host or participate in a wine festival; and to further provide for the collection and remittance of taxes due on the sale of wine at a wine festival; to amend Section 28-6A-2, Code of Alabama 1975, to further provide for wine manufacturer licensees located in dry counties by allowing such manufacturers to transport and sell wine to retailers under certain limits and to specify that such licensees may host or participate in wine festivals; to amend Section 28-7-10.1, Code of Alabama 1975, to further provide for small farm wineries by permitting such wineries to produce mead; and to amend Section 28-7-16, Code of Alabama 1975, to further provide for the excise tax rate for mead.

Description

Under existing law, certain entities may apply for and be issued an event license by the Alcoholic Beverage Control (ABC) Board to host a wine festival or to participate in a wine festival. The host and participant licensees may dispense tastings and sell at retail to individuals for personal consumption on or off the festival grounds.

This bill would allow a nonprofit organization to apply for a license to host a wine festival.

This bill would simplify the process for license applications, both to host a wine festival for any applicant that is currently a licensee of the board or to participate in a wine festival.

This bill would provide that wine festival participant licensees be given the option of remitting local taxes through the host licensee.

Under existing law, a winery may be located in a dry county under a separate manufacturer's license given by the ABC Board. The licensee is only permitted to distribute its wine outside of the county, and only to licensed wholesalers.

This bill would allow wine producers licensed to be located in dry counties to directly sell their wine to retailers under annual gallon limits, and only when SB285 INTRODUCED the wine is transported by employees using vehicles owned or leased by the producer.

This bill would also provide that wine producers in dry counties may be licensed to host or participate in wine festivals held in wet counties.

Under existing law, a producer of table wine can qualify as a "small farm winery" if at least 50 percent of the wine it produces comes from fruit grown within Alabama or where all of its wine is produced in Alabama and it owns eight acres or more of vineyard in Alabama.

This bill would allow small farm wineries to also produce mead where at least 50 percent of the honey used in production is harvested in Alabama.

Finally, this bill would specify that mead is taxed for excise purposes at the same rate as table wine.

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Subjects

Wine festivals, permit nonprofit organization to host or sponsor