Alabama Administrative Code

(1) The Alabama Alcoholic Beverage Control Board is comprised of three members who are appointed by the Governor with the advice and consent of the Senate. One member is designated by the Governor to serve as Chairman of the Board. The ABC Board shall hold meetings at such times …

(1) Alcoholic beverages legally purchased and lawfully possessed by an ABC Board licensee which are levied upon as an execution of a valid judgment against such licensee shall be sold under the provisions herein. (2) An inventory shall be compiled of all alcoholic beverages on th…

(1) Any alcoholic beverages with unbroken seals, which are condemned by an order of a court, or without an order of a court, within 10 days after a conviction, shall be delivered to an ABC Board agent by the beverage custodian. The ABC Board shall purchase all liquor and fortifie…

(1) Should any alcoholic beverages not being transported or possessed in accordance with the provisions of these rules and regulations and/or state law be found in any vehicle, which said vehicle either:(a) Bears an Alabama license plate; or (b) Is the property of or being operat…

(Repealed). Author: ABC Board Notes Ala. Admin. Code r. 20-X-11-.01 Repealed and New: Filed August 21, 1998; effective October 16, 1998. Repealed: Filed January 16, 2004; effective February 20, 2004. Statutory Authority: Code of Ala. 1975, §§ 28-3-15(a); 28-3-49; 28-5-1 thru 28-5…

(Repealed). Author: ABC Board Notes Ala. Admin. Code r. 20-X-11-.02 Repealed and New: Filed August 21, 1998; effective October 16, 1998. Repealed: Filed January 16, 2004; effective February 20, 2004. Statutory Authority: Code of Ala. 1975, §§ 28-3-15(a); 28-3-49.

The ABC Board is responsible for the administration of the Responsible Vendor Program in the State of Alabama. The purpose of these rules and regulations is to establish minimum substantive and procedural requirements for the responsible vendor certification by the ABC Board as a…

The following words or phrases, whenever they appear in these regulations, unless the context clearly indicates otherwise, shall have the meaning ascribed to them as follows: (1) Act - Alabama Responsible Vendor Act, 1990 (Act No. 90-525 now codified as Chapter 10, Title 28, Code…

All correspondence and documentation concerning this program shall be directed to the ABC Board's Responsible Vendor Program in Montgomery. Documentation which is incomplete, illegible or unable to be processed, may be returned. Surcharges from incomplete applications will be hel…

(1) To be certified, a vendor shall:(a) Possess a current retail alcoholic beverage license or a transfer application for such license; (b) Submit a sworn Application for Certification as Responsible Vendor and any other required documentation; (c) Provide an approved course of i…

Certification of a responsible vendor shall be valid for the same term as that of the ABC Board license year. Certification shall be renewed contingent upon the approved renewal of the ABC Board's license. After October 20th of any year, renewals will not be accepted and new appl…

(1) To maintain certification, responsible vendors shall comply with the provisions of the Act, other applicable laws of the State of Alabama, and Rules and Regulations of the ABC Board. (2) Subsequent to certification:(a) Responsible vendors shall require new sellers, servers, a…

(1) Servers and managers shall complete an approved course of instruction/examination dealing with alcoholic beverage consumption on the premises. (2) The passing grade on an examination relating to the course of instruction shall be 80%. (3) Each responsible vendor shall ensure …

(1) Sellers and managers shall complete an approved course of instruction/examination dealing with alcoholic beverages sold for off-premises consumption. (2) A passing grade on an examination relating to the course of instruction shall be 80%. (3) Each responsible vendor shall en…

(1) Courses and examinations shall comply with and maintain minimum requirements as specified in the Act and the Course of Instruction and Examination Guidelines as established by the ABC Board. Courses shall be submitted for approval to the ABC Board in a hard copy format or a d…

(1) No individual shall subvert or attempt to subvert the examination process. (2) Any licensee or agent thereof who subverts or attempts to subvert the examination process shall subject the licensee's certification to denial or decertification. (3) Any examinee who subverts or a…

(1) A responsible vendor whose certification is denied or revoked may request, in writing, a hearing before the ABC Board. (2) Certification may be denied or revoked for any of the following reasons: (a) Violation of any provision of the Act. (b) Violation of any appropriate stat…

The licensee is required to pay a surcharge in the amount of $35 at the time of application for certification and/or renewal. This surcharge is non-refundable nor subject to being prorated. The surcharge shall be payable to the ABC Board by cash, cashier's check or money order. T…

No certification issued under the provisions of the Act shall be transferred or otherwise conveyed to another person. Author: ABC Board Notes Ala. Admin. Code r. 20-X-12-.13 Repealed and New: Filed August 21, 1998; effective October 16, 1998. Statutory Authority: Code of Ala. 197…

(1) Certification shall be automatically voided upon the transfer, cancellation, non-renewal, or revocation of the ABC Board license. Suspension of an ABC Board license may be grounds for cancellation of Program certification. (2) A responsible vendor may request cancellation of …

(1) The following procedures shall govern the use of minor operatives by the ABC Board for purposes of undercover operations: (a) The Director of Enforcement or his specific designee shall provide prior written authorization for every undercover operation utilizing minor operativ…

The following words or phrases, whenever they appear in regulations 20-X-2 through 20-X-19, unless the context clearly indicates otherwise, shall have the meaning ascribed to them as follows: (1) Alcoholic Beverages. Any alcoholic, spirituous, vinous, fermented or other alcoholic…

Each ABC Board licensee is urged to maintain a current copy of the ABC Board's Rules and Regulations at each licensed establishment and shall be responsible for the content thereof. Author: ABC Board Notes Ala. Admin. Code r. 20-X-2-.02 Repealed and New: Filed August 21, 1998; ef…

(1) Any violation of any statute or law of the State of Alabama pertaining to alcoholic beverages, or of any regulation of the ABC Board, by any licensee, officer, agent, servant or employee of such licensee, shall subject such licensee to any one of the following discretionary a…

No claims for reward as allowed by Section 28-4-25, Code of Ala. 1975, will be honored or paid by the Alabama ABC Board unless the certificate required in said statute be properly issued by a judge and filed with the ABC Board within 45 days from the date of the conviction for wh…

(1) Any interested person wishing to request that the ABC Board adopt, amend or repeal a rule or regulation may do so by submitting a written request in duplicate to the Administrative Procedures Secretary of the ABC Board, P.O. Box 1151, Montgomery, Alabama 36101. The petition s…

The following words or phrases, whenever they appear in Regulations 20-X-20 and above, unless the context clearly indicates otherwise, shall have the meaning ascribed to them as follows: (1) Board. The Alabama Alcoholic Beverage Control Board. (2) Distribution. To sell, barter, e…

(1) Any offense of Chapter 11 of Title 28, Code of Ala. 1975, pertaining to tobacco or of any regulation of the ABC Board, by any permittee, officer, agent, servant or employee of such permittee, shall subject such permittee and/or employee thereof to any one of the following dis…

(1) A party may appeal to the ABC Board an adverse initial decision, including the findings of fact and the conclusion of the Hearing Commission or an initial decision of the ABC Board itself, provided that a request therefor in writing is received within fifteen (15) days after …

(1) The Hearing Commission shall be comprised of at least three people designated by the ABC Board, one of whom, unless otherwise designated, shall be the ABC Board Administrator. Hearings before the Hearing Commission shall be conducted before the Administrator and two other per…

(1) All notices required by law to be given to ABC Board permittees, pursuant to and in connection with hearings before the ABC Board or the Hearing Commission on questions of disciplinary matters, revocations, suspensions, or renewal of and applications for ABC Board permits, or…

(1) Every applicant for an ABC Board permit, in addition to information and statements required under Title 28, Code of Ala. 1975, shall also give the ABC Board, as part of such application, the following:(a) The name, date, place of birth, address, telephone number, race, gender…

(1) A renewal application for a tobacco permit must be filed with the ABC Board on or before August 1 of each year. (2) Failure to file for a tobacco permit renewal on or before August 1 in any year shall be cause for the ABC Board to not renew the permit. This will require submi…

(1) ABC Board permits shall be deemed to expire, terminate, or otherwise be void when there is a substantial change of ownership in the permitted business; when a permitted business is leased, rented or abandoned, or when possession is otherwise surrendered to another party or pa…

(1) A tobacco permit issued by the ABC Board is not transferable or assignable except as herein provided. (2) If a location for which a permit is obtained is sold or transferred, the permit shall be transferred to the person obtaining control of the location and shall be valid fo…

(1) Upon suspension or revocation of a permit and during the interim between the date on which notice of final adjudication of suspension or revocation is given to the permittee and the effective ending date of such suspension or revocation, the permittee is prohibited from purch…

(1) It shall be unlawful:(a) For any person to sell, furnish, give to or purchase for any minor, tobacco products; or to attempt to sell, furnish, give to or purchase for any minor, tobacco products. (b) For any minor to purchase, use, possess, or to transport tobacco products wi…

(1) The Responsible Vendor Program Division of the ABC Board shall conduct an informational and educational campaign to inform permittees of the requirements of the law. Training sessions will be available to all permit holders and/or their employees. The location, date and time …

(1) The following procedures shall govern the use of minor operatives by the ABC Board for purposes of undercover operations: (a) The Director of Enforcement or his specific designee shall provide prior written authorization for every undercover operation utilizing minor operativ…

All ABC permittees shall display their current ABC permits in public view on the permitted premises. Author: ABC Board Notes Ala. Admin. Code r. 20-X-27-.01 New Rule: Filed May 2, 2001; effective June 6, 2001. Statutory Authority: Code of Ala. 1975, §§ 28-3-2; 28-3-19; 28-3-49; 2…

(1) (a) After all commercially reasonable efforts to collect a delinquent invoice for the sale of tobacco, tobacco products, alternative nicotine products and/or electronic nicotine delivery systems have failed, a manufacturer or distributor of such products may notify the Board …

(1) A party may appeal to the ABC Board an adverse initial decision, including the findings of fact and the conclusion of the Hearing Commission or an initial decision of the ABC Board itself, provided a request therefor in writing is received within fifteen (15) days after the d…

(1) The Hearing Commission shall be comprised of at least three people designated by the ABC Board, one of whom, unless otherwise designated, shall be the ABC Board Administrator. Hearings before the Hearing Commission shall be conducted before the Administrator and two other per…

(1) All notices required by law to be given to ABC Board licensees, pursuant to and in connection with hearings before the ABC Board or the Hearing Commission on questions of disciplinary matters, revocations, suspensions, or renewal of and applications for ABC Board licenses, or…

(1) The ABC Board state liquor stores shall operate on the days specified by the ABC Board Administrator. (2) The hours of operation and staffing of the ABC Board state liquor stores shall be determined by the ABC Administrator for each store. Notes Ala. Admin. Code r. 20-X-4-.01…

(1) The wholesale price for case lot sales of liquor and fortified wine shall include a markup of 16.99% of the cost plus freight. (2) The wholesale price for bottle sales of liquor and fortified wine shall include a markup of 35% of the cost plus freight. (3) The retail price fo…

(1) The retail price for sales of table wines in ABC Board retail stores shall include markups set by the ABC Board. All bottles of table wine offered for sale at any given time will not necessarily have the same percentage markup. (2) From time to time the ABC Board, at its disc…

(1) Every applicant for an ABC Board license, in addition to information and statements required under Title 28, Code of Ala. 1975, shall also give the ABC Board, as part of the application, the following: (a) The name, date, place of birth, address, telephone number, race, gende…

(1) On initial contact by an applicant, the ABC Board personnel will collect the filing fee and may assist in filling out the application, retaining the original and giving the applicant a copy upon request. Responsibility for the truth and veracity of all information provided by…

(1) There shall be two classes of Club Retail Liquor Licenses as defined in Section 28-3-1(8), Code of Ala. 1975. (2) With prior ABC Board approval, licensees who are valid United States Uniformed Services national organizations, may use the information required by their national…