Alabama Administrative Code Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD
Title 20 of the Alabama Administrative Code is dedicated to the Alabama Alcoholic Beverage Control Board (ABC Board). This Board holds significant power in Alabama as it operates under a "control state" model, meaning the state directly controls the wholesale distribution of distilled spirits and, in many cases, also the retail sales through state-run ABC stores. Additionally, it licenses and regulates all other aspects of the alcoholic beverage industry within the state.
The ABC Board's mandate is broad, covering distribution, licensing, enforcement, and education, all aimed at protecting public welfare, health, peace, and morals.
Here's a breakdown of the key chapters you'd find within Alabama Administrative Code Title 20:
I. General Administration and Procedures:
Chapter 20-X-1 - ORGANIZATION: Outlines the structure, composition, and general operational procedures of the ABC Board itself.
Chapter 20-X-2 - GENERAL PROVISIONS: Covers broad rules applicable across various operations, potentially including definitions of common terms.
Chapter 20-X-3 - PROCEDURES IN CONTESTED CASES: Details the formal administrative hearing process for disputes, license denials, disciplinary actions, and other matters where due process is required.
II. Sales and Distribution:
Chapter 20-X-4 - SALES BY ABC BOARD STORES: Governs the operation of the state-run retail liquor stores, including pricing, hours of operation, and purchasing limits.
Chapter 20-X-8 - MANUFACTURER, IMPORTER AND WHOLESALER REQUIREMENTS: Sets forth specific rules for manufacturers, importers, and wholesalers of alcoholic beverages, covering areas like:
Licensing requirements for these tiers.
Reporting requirements for sales and distribution.
Territorial agreements (if applicable).
Brand and label approval processes.
III. Licensing and Operation of Premises:
Chapter 20-X-5 - LICENSING: This is a very critical chapter, detailing the requirements and procedures for obtaining various types of alcoholic beverage licenses in Alabama. It covers:
Different license types (e.g., Retail Liquor, Restaurant Retail Liquor, Lounge Retail Liquor, Retail Beer, Retail Wine, Wholesale, Manufacturer, Special Event, Delivery Service).
Application processes, including background checks (which may involve fingerprinting for owners/officers).
Requirements for financial responsibility, such as mandatory liquor liability (dram shop) insurance.
Location-specific considerations, including compliance with local wet/dry laws and zoning.
Procedures for license renewal and potential penalties for non-renewal.
Chapter 20-X-6 - OPERATION OF LICENSED PREMISES: This chapter contains detailed rules for how licensed establishments must operate, covering areas such as:
Sanitation and Facility Requirements: Health and safety standards for the premises.
Prohibited Conduct: Rules against selling to minors or intoxicated persons, improper happy hour promotions, obscene or lewd conduct, and brown bagging (customers bringing their own alcohol).
Employment of Minors: Strict regulations on when and how minors can be employed in establishments that serve alcohol (e.g., generally, minors cannot serve or dispense alcohol in on-premises locations, with specific exceptions for 19 and 20-year-olds in Responsible Vendor Program certified restaurants).
Identification Verification: Requirements for checking IDs.
Curbside Pickup/Takeout: Specific regulations for alcohol sales via curbside pickup or takeout, including age verification upon delivery.
Limitations on Discounts/Promotions.
Maintaining a Designated On-Premises Consumption Area (for on-premises licensees).
IV. Other Key Regulatory Areas:
Chapter 20-X-7 - ADVERTISING PROVISIONS: Rules governing the advertising of alcoholic beverages, including approval requirements for promotions and brand labels.
Chapter 20-X-9 - RECORD REQUIREMENTS: Mandates for licensees to maintain specific records (e.g., sales, inventory, employee records) for inspection by the ABC Board.
Chapter 20-X-10 - DISPOSITION OF ALCOHOLIC BEVERAGES: Rules regarding the proper disposal or handling of alcoholic beverages, particularly in cases of license revocation or business closure.
Chapter 20-X-11 - PERMITS (REPEALED): Indicates a chapter that has been removed or superseded.
Chapter 20-X-12 - RESPONSIBLE VENDOR CERTIFICATION: This voluntary program provides training for sellers, servers, and managers to help prevent sales to minors and intoxicated persons. It outlines requirements for certification, training content, and record-keeping for participating vendors.
Chapter 20-X-13 - MINOR OPERATIVES: Rules pertaining to the use of "minor operatives" by the ABC Board for compliance checks (e.g., sting operations to test for underage sales).
V. Tobacco Regulations:
In addition to alcoholic beverages, the Alabama ABC Board also regulates the sale of tobacco and tobacco products, particularly concerning sales to minors. Therefore, Title 20 also includes specific chapters for tobacco:
Chapter 20-X-20 - GLOSSARY OF TERMS (TOBACCO).1
Chapter 20-X-21 - OFFENSES (TOBACCO).2
Chapter 20-X-22 - RULES OF PRACTICE (TOBACCO).3
Chapter 20-X-23 - INFORMATION REQUIRED FOR TOBACCO PERMITS (TOBACCO).4
Chapter 20-X-24 - MINORS (TOBACCO).5
Chapter 20-X-25 - TRAINING BY RESPONSIBLE VENDOR PROGRAM DIVISION (TOBACCO).6
Chapter 20-X-26 - USE OF MINOR OPERATIVES (TOBACCO).7
Chapter 20-X-27 - OPERATION OF PERMITTED PREMISES8 (TOBACCO).
Chapter 20-X-28 - SUSPENSION OR REVOCATION OF TOBACCO PERMIT FOR DEFAULT IN PAYMENT AND REINSTATEMENT OF PERMIT.
Where to Find Alabama Administrative Code Title 20:
Alabama Alcoholic Beverage Control Board (ABC Board) Official Website: This is usually the best and most up-to-date source. Look for sections like "Rules & Regulations" or "Licensing & Compliance." They often provide direct links to the code or helpful summaries.
Legal Information Institute (LII) at Cornell Law School or Justia Regulations: These legal databases also provide searchable access to the Alabama Administrative Code, including Title 20.
It's crucial for anyone involved in the alcoholic beverage or tobacco industry in Alabama to regularly consult the most current version of these rules, as they are frequently updated by the ABC Board to address new laws, industry changes, and public safety concerns.
RELATED Blog
0 comments