Note: This section summarizes the temporary changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. 17.7.1 Curbside Sales and Delivery The rule requiring sales to take place inside a building on the license premises has been suspended. An Alabama licensee who holds a license allowing sales for on- or off-premise consumption may now sell for off-premises consumption only using curbside or take-out services with the following restrictions: All alcoholic beverages must be sold in a sealed, unopened container, which is defined as a container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer [AL Law, Title 28, Chapter 3, Section 28-3-1(32).]. The licensee may[…]
Permitted. An on-premises retail licensee may make, store, and sell infusions for on-premises consumption. Infusions may not be removed or consumed off the licensed premises. Any retail on-premises licensee intending to produce, store, or sell infusions shall provide written notification to the Alabama ABC Board of that intent. As defined in Alabama law, infusion means an alcoholic beverage created by combining or mixing one distilled spirit with nonalcoholic food products and not intended for immediate consumption. Permissible ingredients include spices, herbs, fruits, vegetables, candy, and other substances intended for human consumption. However, no additional fermentation may occur and none of the additives may contain any additional alcohol. Infusions may not contain any added stimulant, drug, illegal substance, or energy drinks.[…]
17.1.1 On-Premise Establishments Prohibited after 2:00 a.m. Sales after 10:00 am may be allowed where authorized by the applicable Alabama county commission, or the municipal governing body, by ordinance or resolution, or by a referendum approved by the voters. This restriction does not apply to certain counties or municipalities where Sunday sales are otherwise authorized by local law and/or approved by a referendum or local constitutional amendment. [AL Law, Title 28, Chapter 3A, Section 28-3A-25 (a)(19) and (20); Act 2019-100 (HB 168, Laws 2019); Act 444 (H.B. 353, Laws 2017)] 17.1.2 Off-Premise Establishments Prohibited all day in state and agency stores. Sales by retail licensees of the Board are subject to local option. Prohibited after 2:00 a.m. Sales after 10:00[…]
Except as described below, no manufacturer and no director or officer thereof shall be, or have any interest (direct or indirect) in a wholesale or retail licensee’s business. [AL Law, Title 28, Chapter 3, Section 28-3-4(e), and Chapter 7, Section 28-7-22.] An Alabama manufacturer that sells up to sixty-thousand (60,000) barrels of beer annually may have a financial interest in a brewpub. The brewpub may also hold a restaurant retail license, but the manufacturer may not transfer alcoholic beverages directly to the brewpub; the brewpub must purchase alcoholic beverages from an authorized wholesaler or as otherwise provided by law. The manufacturer may not have a financial interest in any retailer other than a brewpub. [AL Law, Title 28, Chapter 4A,[…]
Natural table wine with an alcohol content of up to 24% ABV and vermouth are sold through the private sector (wholesalers). Fortified wine (wine to which spirits have been added), wine containing more than 16.5% ABV that is made with herbs or flavors except vermouth, and imitation or other than standard wine are sold only through the state-controlled system.
Product returns by retail licensees are permitted under the following guidelines: Product that is out-of-date or close to being out-of-date, but otherwise saleable. Product that is returnable under warranty practices that are customary in sales transactions; e.g., under the Uniform Commercial Code. Products damaged prior to or during delivery to the retailer. Pick-up or trade out of products damaged after delivery to the retailer in saleable condition is not permitted. [AL Regulations, Chapter 20-X-8, Section 20-X-8.09 (4).]
15.16.1. Entertainment of ABC Board Personnel Meals, entertainment, gifts and/or travel may be given to Alcoholic Beverage Control Board personnel only under the following conditions: Any such entertainment must relate to legitimate Board business purposes and represent an exchange of information, ideas and research beneficial to the Board. The activities are subject to any other limitations that may otherwise be imposed by law. [AL Regulations, Chapter 20-X-07, Section 20-X-.07 (1)(c).] CAUTION: Federal regulations do not allow the furnishing of lodging or transportation other than local ground transportation to any retail entity. 15.16.2 Entertainment of Non-Board Retail Licensees Alabama statutes and regulations are silent on this issue. Therefore, IRS guidelines and your company policy should apply.