18 | | - | Relating to alcoholic beverages; to provide for an |
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19 | | - | event storage license that authorizes persons who sell and |
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20 | | - | dispense alcoholic beverages pursuant to existing special |
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21 | | - | event licenses to store alcoholic beverages at a permanent |
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22 | | - | facility for transfer as needed to special event venues; to |
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23 | | - | provide for a government venue license that authorizes persons |
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24 | | - | to sell and dispense alcoholic beverages at special events |
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25 | | - | held on government owned property; to authorize the Alcoholic |
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26 | | - | Beverage Control Board to administer and enforce these |
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27 | | - | licenses and to adopt rules; and to amend Section 28-3A-21, |
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28 | | - | Code of Alabama 1975, to set license fees. |
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29 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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30 | | - | Section 1. The Legislature finds all of the following: |
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31 | | - | (1) A structured framework is needed to allow holders |
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32 | | - | of certain licenses issued by the Alcoholic Beverage Control |
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33 | | - | Board which authorize the sale and dispensing of alcoholic |
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34 | | - | beverages at special events on an occasional use basis to |
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35 | | - | manage and store their alcoholic beverage inventory at a |
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36 | | - | secure, permanent location. |
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37 | | - | (2) This act establishes a new category of license |
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| 33 | + | Relating to alcoholic beverages; to add Section |
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| 34 | + | 28-3A-19.2 to the Code of Alabama 1975, to require the |
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| 35 | + | Alcoholic Beverage Control Board to issue a license to |
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| 36 | + | dispense alcoholic beverages on an occasional basis on |
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67 | | - | (2) This act establishes a new category of license |
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68 | | - | under the Alcoholic Beverage Control Board which allows a |
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69 | | - | holder of certain special event licenses to store and transfer |
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70 | | - | alcoholic beverages between a designated storage location and |
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71 | | - | special event venues as needed. |
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72 | | - | (3) This act also establishes a new category of special |
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73 | | - | event license to provide a method for a vendor to sell and |
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74 | | - | dispense alcoholic beverages on state, county, and municipal |
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75 | | - | government owned properties where special events are |
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76 | | - | occasionally held. |
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77 | | - | Section 2. (a) Upon an eligible applicant's compliance |
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78 | | - | with Chapter 3A of Title 28, Code of Alabama 1975, and rules |
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79 | | - | adopted thereunder and payment of the event storage license |
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80 | | - | fee as established in Section 28-3A-21, Code of Alabama 1975, |
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81 | | - | the Alcoholic Beverage Control Board, on and after January 1, |
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82 | | - | 2026, shall issue an event storage license to a person for |
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83 | | - | such period of time not to exceed one year and upon such terms |
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84 | | - | and conditions as the board may prescribe. An event storage |
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85 | | - | license authorizes the licensee to purchase and store |
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86 | | - | alcoholic beverages at one designated location and transfer |
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87 | | - | alcoholic beverages as needed to special event venues where |
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88 | | - | the licensee holds the appropriate special event license under |
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89 | | - | the same Federal Employer Identification Number. |
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90 | | - | (b) Notwithstanding Section 28-3-4, Code of Alabama |
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91 | | - | 1975, only the holder of one or more of the following special |
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92 | | - | event licenses shall be eligible to make application for and |
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93 | | - | hold an event storage license: |
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94 | | - | (1) A special events retail license. |
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95 | | - | (2) A nonprofit special events retail license. |
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| 66 | + | dispense alcoholic beverages on an occasional basis on |
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| 67 | + | property controlled by the state or a political subdivision; |
---|
| 68 | + | to add Chapter 3B to Title 28, Code of Alabama 1975, to |
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| 69 | + | require the Alcoholic Beverage Control Board to issue a |
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| 70 | + | license to store alcoholic beverages in a facility for |
---|
| 71 | + | transfer to locations also licensed by the board for special |
---|
| 72 | + | events; to amend Sections 28-3A-19 and 28-3A-20 to make |
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| 73 | + | conforming changes; and to amend Section 28-3A-21, Code of |
---|
| 74 | + | Alabama 1975, to set license fees. |
---|
| 75 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
---|
| 76 | + | Section 1. Section 28-3A-19.2 is added to the Code of |
---|
| 77 | + | Alabama 1975, to read as follows: |
---|
| 78 | + | §28-3A-19.2 |
---|
| 79 | + | (a) Upon payment of the government venue license fee |
---|
| 80 | + | as established in Section 28-3A-21, the board shall issue a |
---|
| 81 | + | government venue license to any department or agency of this |
---|
| 82 | + | state, or any political subdivision of the same, permitting |
---|
| 83 | + | the licensee to store and dispense alcoholic beverages for |
---|
| 84 | + | on-premises consumption in a wet county. |
---|
| 85 | + | (b) The government venue license is a special retail |
---|
| 86 | + | license, and storage and dispensing of alcoholic beverages |
---|
| 87 | + | shall be restricted to an occasional use basis. For the |
---|
| 88 | + | purposes of this section, "occasional use basis" refers to a |
---|
| 89 | + | location where alcoholic beverages are dispensed at individual |
---|
| 90 | + | events that may be open to the public or restricted to private |
---|
| 91 | + | parties. The term excludes locations where alcoholic beverages |
---|
| 92 | + | are dispensed to the public during continual business hours on |
---|
| 93 | + | a regular daily or weekly schedule. |
---|
| 94 | + | (c) The location where alcoholic beverages are stored |
---|
125 | | - | (2) A nonprofit special events retail license. |
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126 | | - | (3) A special retail license for 30 days or less. |
---|
127 | | - | (4) A government venue license. |
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128 | | - | (c) An event storage license authorizes a licensee to: |
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129 | | - | (1) Store alcoholic beverages, when not at a special |
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130 | | - | event venue, at the storage location; |
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131 | | - | (2) Arrange delivery of alcoholic beverages purchased |
---|
132 | | - | from the board or a wholesale licensee directly to the |
---|
133 | | - | licensee's storage location or directly to a special event |
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134 | | - | license venue; and |
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135 | | - | (3) Transfer alcoholic beverages between the storage |
---|
136 | | - | location and a special event venue. Alcoholic beverages |
---|
137 | | - | returned from a special event venue to the storage location |
---|
138 | | - | may then be transferred to another special event venue, but a |
---|
139 | | - | licensee may not transfer alcoholic beverages directly from |
---|
140 | | - | one special event venue to another special event venue without |
---|
141 | | - | first returning the alcoholic beverages to the storage |
---|
142 | | - | location. |
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143 | | - | (d)(1) The holder of an event storage license may only |
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144 | | - | purchase beer and table wine from a licensed wholesaler that |
---|
145 | | - | maintains the appropriate franchise for the brand purchased in |
---|
146 | | - | the area applicable to the storage location. The holder of an |
---|
147 | | - | event storage license may only purchase liquor from board |
---|
148 | | - | wholesale. |
---|
149 | | - | (2) The holder of an event storage license may purchase |
---|
150 | | - | alcoholic beverages under one of the special events licenses |
---|
151 | | - | listed in subsection (b) which is issued to the holder; |
---|
152 | | - | provided, the purchase is made only from a vendor permitted |
---|
153 | | - | under the special events license and that any remaining |
---|
| 124 | + | (c) The location where alcoholic beverages are stored |
---|
| 125 | + | and dispensed must be on property owned by the state or a |
---|
| 126 | + | political subdivision, or leased by the state or a political |
---|
| 127 | + | subdivision for a term of no less than three years, and may |
---|
| 128 | + | include, but not be limited to, civic centers, community event |
---|
| 129 | + | spaces, concert centers, amphitheaters, music halls, |
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| 130 | + | convention centers, exhibition halls, stadiums, sports |
---|
| 131 | + | complexes, historic properties, parks, fairgrounds, or other |
---|
| 132 | + | outdoor spaces. |
---|
| 133 | + | (d) The government venue license shall be issued for a |
---|
| 134 | + | period not to exceed one year. |
---|
| 135 | + | (e) Any holder of a special retail license which is a |
---|
| 136 | + | department or agency of the state, or a political subdivision |
---|
| 137 | + | of the same, may convert the special retail license to a |
---|
| 138 | + | government venue license no later than September 30, 2026. |
---|
| 139 | + | Section 2. Chapter 3B, commencing with Section |
---|
| 140 | + | 28-3B-1, is added to Title 28, Code of Alabama 1975, to read |
---|
| 141 | + | as follows: |
---|
| 142 | + | Chapter 3B |
---|
| 143 | + | §28-3B-1 |
---|
| 144 | + | The Legislature finds the following: |
---|
| 145 | + | (1) This chapter is enacted pursuant to the authority |
---|
| 146 | + | granted to the state under the Twenty-First Amendment to the |
---|
| 147 | + | United States Constitution, the powers reserved to the state |
---|
| 148 | + | under the Tenth Amendment to the United States Constitution, |
---|
| 149 | + | and the inherent powers of the state under the Constitution of |
---|
| 150 | + | Alabama of 2022, in order to regulate the traffic of alcoholic |
---|
| 151 | + | beverages and to substitute the regulations and oversight |
---|
| 152 | + | established in this chapter for the application of federal and |
---|
183 | | - | under the special events license and that any remaining |
---|
184 | | - | alcoholic beverages purchased are returned to the storage |
---|
185 | | - | location. |
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186 | | - | (e) The holder of an event storage license may apply |
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187 | | - | for and hold up to three such licenses, each of which permits |
---|
188 | | - | one designated storage location, provided: |
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189 | | - | (1) All storage locations are situated at least 100 |
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190 | | - | miles from one another; and |
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191 | | - | (2) Alcoholic beverages may not be transferred between |
---|
192 | | - | storage locations. |
---|
193 | | - | (f) The storage location facility must: |
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194 | | - | (1) Be secured at all times with locked access when not |
---|
195 | | - | in use; |
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196 | | - | (2) Use an access control system to monitor and |
---|
197 | | - | restrict entry to authorized individuals only; |
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198 | | - | (3) Be temperature controlled as appropriate for the |
---|
199 | | - | types of alcoholic beverages stored; and |
---|
200 | | - | (4) Comply with local zoning and building codes. |
---|
201 | | - | (g) An event storage licensee shall track all alcoholic |
---|
202 | | - | beverage transfers, on a form prescribed by the board, which |
---|
203 | | - | shall include, but not be limited to, all of the following |
---|
204 | | - | information: |
---|
205 | | - | (1) The name under which the event storage license is |
---|
206 | | - | issued. |
---|
207 | | - | (2) The event storage license number. |
---|
208 | | - | (3) The date of the transfer. |
---|
209 | | - | (4) The type of alcoholic beverage, the brand name, and |
---|
210 | | - | the quantity transferred. |
---|
211 | | - | (5) The destination of the transfer, identified by |
---|
| 182 | + | established in this chapter for the application of federal and |
---|
| 183 | + | state antitrust laws that otherwise would apply to any |
---|
| 184 | + | potential anti-competitive effects of this title. For the |
---|
| 185 | + | avoidance of doubt, the intent of the Legislature is to |
---|
| 186 | + | maintain the uniform three-tier system of control over the |
---|
| 187 | + | sale, purchase, taxation, transportation, manufacture, |
---|
| 188 | + | consumption, and possession of alcoholic beverages in the |
---|
| 189 | + | state to promote the health, safety, and welfare of residents |
---|
| 190 | + | of this state by ensuring, among other purposes, the state |
---|
| 191 | + | shall be able to register, audit, inspect, seize, recall, and |
---|
| 192 | + | test alcoholic beverages shipped into, distributed, and sold |
---|
| 193 | + | throughout this state; and this expression of the policy and |
---|
| 194 | + | intent of the Legislature is intended to satisfy the clear |
---|
| 195 | + | articulation test for state action immunity as has been |
---|
| 196 | + | established by the United States Supreme Court in California |
---|
| 197 | + | Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., et al. |
---|
| 198 | + | (2) This chapter establishes a structured framework for |
---|
| 199 | + | certain licensees to store and serve alcoholic beverages for |
---|
| 200 | + | special events under public or private sponsorship. |
---|
| 201 | + | §28-3B-2 |
---|
| 202 | + | For purposes of this chapter, the following terms have |
---|
| 203 | + | the following meanings: |
---|
| 204 | + | (1) ELIGIBLE ENTITY. A holder of a government venue |
---|
| 205 | + | license, or an entity that has been granted by the board at |
---|
| 206 | + | least three of any of the following licenses within the 12 |
---|
| 207 | + | months preceding application for an event storage license: |
---|
| 208 | + | a. Special events retail license of 7 days or less. |
---|
| 209 | + | b. Non-profit special events retail license. |
---|
| 210 | + | c. Special retail license of 30 days or less. |
---|
241 | | - | (5) The destination of the transfer, identified by |
---|
242 | | - | location, special event license type, and number. |
---|
243 | | - | (6) If the destination of the transfer is the return of |
---|
244 | | - | alcoholic beverages from a special event venue to a storage |
---|
245 | | - | location, the type of alcoholic beverage, the brand, and the |
---|
246 | | - | quantity returned. |
---|
247 | | - | (7) A signed certification that the transfer is in |
---|
248 | | - | compliance with this section and board rules. |
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249 | | - | (h)(1) An event storage licensee shall maintain for a |
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250 | | - | period of three years records of all alcoholic beverages |
---|
251 | | - | purchased, stored, transferred, and sold in accordance with |
---|
252 | | - | rules adopted by the board. These records may be maintained in |
---|
253 | | - | an electronic format so long as the records may be promptly |
---|
254 | | - | provided in a readable format upon request by the board. |
---|
255 | | - | (2) All invoices, transfer logs, and other records of |
---|
256 | | - | an event storage licensee shall be subject to inspection by |
---|
257 | | - | members of the board or by agents authorized and designated by |
---|
258 | | - | the board at any time during the normal business hours |
---|
259 | | - | established by the licensee. |
---|
260 | | - | (3) Inspection by the board or by agents authorized and |
---|
261 | | - | designated by the board may: |
---|
262 | | - | a. Include a search by law enforcement officers with |
---|
263 | | - | jurisdiction if the circumstances require; and |
---|
264 | | - | b. Extend to other buildings attached or adjacent to |
---|
265 | | - | the storage location, including a dwelling. |
---|
266 | | - | (i)(1) If a discrepancy is discovered during an |
---|
267 | | - | inspection or audit, the board may issue a compliance warning, |
---|
268 | | - | require immediate corrective action, or issue a citation. |
---|
269 | | - | (2) Reoccurring discrepancies discovered by audit or |
---|
| 240 | + | c. Special retail license of 30 days or less. |
---|
| 241 | + | (2) LICENSE TYPE. The term refers to an event storage |
---|
| 242 | + | license, or any occasional use license. |
---|
| 243 | + | (3) OCCASIONAL USE LICENSE. The term includes all of |
---|
| 244 | + | the following licenses issued by the board: |
---|
| 245 | + | a. Government venue license. |
---|
| 246 | + | b. Special events retail license of seven days or less. |
---|
| 247 | + | c. Nonprofit special events retail license. |
---|
| 248 | + | d. Special retail license of 30 days or less. |
---|
| 249 | + | §28-3B-3 |
---|
| 250 | + | Upon payment of the event storage license fee as |
---|
| 251 | + | established in Section 28-3A-21, the board shall issue an |
---|
| 252 | + | event storage license to an eligible entity to store alcoholic |
---|
| 253 | + | beverages at a storage facility and transfer the alcoholic |
---|
| 254 | + | beverages to another location under an occasional use license |
---|
| 255 | + | in compliance with this chapter. |
---|
| 256 | + | §28-3B-4 |
---|
| 257 | + | (a) Storage of alcoholic beverages at a designated |
---|
| 258 | + | storage facility under an event storage license shall be |
---|
| 259 | + | restricted to transfer to any location permitted under an |
---|
| 260 | + | occasional use license. |
---|
| 261 | + | (b) An applicant for an event storage license shall |
---|
| 262 | + | disclose on the application the specific occasional use |
---|
| 263 | + | license each storage facility under the event storage license |
---|
| 264 | + | is intended to service. |
---|
| 265 | + | (c) The license issued under this chapter shall be for |
---|
| 266 | + | a period of one year. |
---|
| 267 | + | §28-3B-5 |
---|
| 268 | + | (a) Up to three storage facilities may be designated |
---|
299 | | - | (2) Reoccurring discrepancies discovered by audit or |
---|
300 | | - | inspection may be considered a violation pursuant to rules |
---|
301 | | - | adopted by the board. |
---|
302 | | - | (3) The board may assess a civil fine of no more than |
---|
303 | | - | one thousand dollars ($1,000) for each occurrence that is a |
---|
304 | | - | violation of this chapter and may revoke the license. |
---|
305 | | - | (j) The board shall adopt rules to implement this |
---|
306 | | - | section. |
---|
307 | | - | Section 3. (a) Upon an applicant's compliance with |
---|
308 | | - | Chapter 3A of Title 28, Code of Alabama 1975, and rules |
---|
309 | | - | adopted thereunder and payment of the government venue license |
---|
310 | | - | fee as established in Section 28-3A-21, Code of Alabama 1975, |
---|
311 | | - | the Alcoholic Beverage Control Board shall issue a government |
---|
312 | | - | venue license to a person for such period of time and upon |
---|
313 | | - | such terms and conditions as the board may prescribe. A |
---|
314 | | - | government venue license authorizes the licensee to purchase |
---|
315 | | - | liquor and wine from the board and table wine and beer from |
---|
316 | | - | any wholesale licensee and to sell at retail and dispense for |
---|
317 | | - | on-premises consumption alcoholic beverages at a location on |
---|
318 | | - | property owned or leased by the state or a political |
---|
319 | | - | subdivision of the state. Locations may include, but are not |
---|
320 | | - | limited to, civic centers and community event spaces; concert |
---|
321 | | - | centers, amphitheaters, and music halls; convention centers |
---|
322 | | - | and exhibition halls; government owned stadiums and sports |
---|
323 | | - | complexes; or historic properties, parks, fairgrounds, or |
---|
324 | | - | other outdoor spaces. |
---|
325 | | - | (b) The government venue license is a special retail |
---|
326 | | - | license, and selling and dispensing of alcoholic beverages |
---|
327 | | - | shall be restricted to an occasional use basis. For the |
---|
| 298 | + | (a) Up to three storage facilities may be designated |
---|
| 299 | + | under a single event storage license, each of which shall be |
---|
| 300 | + | at least 100 miles apart within the State of Alabama. |
---|
| 301 | + | (b) A storage facility shall comply with all of the |
---|
| 302 | + | following requirements: |
---|
| 303 | + | (1) Be an enclosed, secure structure under lock when |
---|
| 304 | + | not in use. |
---|
| 305 | + | (2) Have an access control system to restrict and |
---|
| 306 | + | monitor entry. |
---|
| 307 | + | (3) Afford a temperature-controlled environment |
---|
| 308 | + | appropriate for each kind of alcoholic beverage that may be |
---|
| 309 | + | stored. |
---|
| 310 | + | (4) May not be a board-licensed warehouse. |
---|
| 311 | + | (5) May not be a unit in a commercial storage facility. |
---|
| 312 | + | (6) Comply with local zoning and building codes. |
---|
| 313 | + | §28-3B-6 |
---|
| 314 | + | (a) Alcoholic beverages to be stored under an event |
---|
| 315 | + | storage license, in the case of beer or wine, shall be |
---|
| 316 | + | purchased from a wholesaler, and in the case of liquor, shall |
---|
| 317 | + | be purchased directly from the board on a wholesale basis. |
---|
| 318 | + | (b) Alcoholic beverages purchased by an event storage |
---|
| 319 | + | license holder may be transferred immediately upon purchase to |
---|
| 320 | + | a location under an occasional use license for dispensing but |
---|
| 321 | + | shall be returned from that location to a storage facility. |
---|
| 322 | + | (c) Once alcoholic beverages are received in a storage |
---|
| 323 | + | facility, after subsequent transfer to a location under an |
---|
| 324 | + | occasional use license for dispensing, any unused portion |
---|
| 325 | + | shall be returned to the same storage facility before transfer |
---|
| 326 | + | to another location under a different occasional use license. |
---|
357 | | - | shall be restricted to an occasional use basis. For the |
---|
358 | | - | purposes of this section, "occasional use basis" refers to a |
---|
359 | | - | location where alcoholic beverages are sold and dispensed at |
---|
360 | | - | individual events that may be open to the public or restricted |
---|
361 | | - | to private parties. The term excludes locations where |
---|
362 | | - | alcoholic beverages are dispensed and served to the public |
---|
363 | | - | during continual business hours on a regular schedule. |
---|
364 | | - | (c) Any holder of a special retail license under |
---|
365 | | - | Section 28-3A-19, Code of Alabama 1975, may convert the |
---|
366 | | - | license to a government venue license no later than September |
---|
367 | | - | 30, 2026; provided, all requirements for issuance of a |
---|
368 | | - | government venue license are met. |
---|
369 | | - | Section 4. Section 28-3A-21, Code of Alabama 1975, is |
---|
370 | | - | amended to read as follows: |
---|
371 | | - | "§28-3A-21 |
---|
372 | | - | (a) The following annual license fees are levied and |
---|
373 | | - | prescribed for licenses issued and renewed by the board |
---|
374 | | - | pursuant to the authority contained in this chapter: |
---|
375 | | - | (1) Manufacturer license, license fee of five hundred |
---|
376 | | - | dollars ($500). |
---|
377 | | - | (2) Importer license, license fee of five hundred |
---|
378 | | - | dollars ($500). |
---|
379 | | - | (3) Liquor wholesalewholesaler license, license fee of |
---|
380 | | - | five hundred dollars ($500). |
---|
381 | | - | (4) WholesalerBeer wholesaler license, beer license fee |
---|
382 | | - | of five hundred fifty dollars ($550) or wine license fee of |
---|
383 | | - | five hundred fifty dollars ($550); license fee for beer and |
---|
384 | | - | wine of seven hundred fifty dollars ($750); plus two hundred |
---|
385 | | - | dollars ($200) for each warehouse in addition to the principal |
---|
| 356 | + | to another location under a different occasional use license. |
---|
| 357 | + | §28-3B-7 |
---|
| 358 | + | (a) An event storage license holder shall document each |
---|
| 359 | + | purchase of alcoholic beverages on a form to be prescribed by |
---|
| 360 | + | the board, which shall include, but not be limited to, the |
---|
| 361 | + | following information: |
---|
| 362 | + | (1) The name under which the event storage license is |
---|
| 363 | + | issued. |
---|
| 364 | + | (2) The event storage license number. |
---|
| 365 | + | (3) The date of the purchase. |
---|
| 366 | + | (4) The type of alcoholic beverage, the brand name, and |
---|
| 367 | + | the quantity. |
---|
| 368 | + | (5) The initial destination of the alcoholic beverages |
---|
| 369 | + | purchased, identified by the location, license type, and |
---|
| 370 | + | number. |
---|
| 371 | + | (6) If the initial destination of the alcoholic |
---|
| 372 | + | beverages purchased is the location of an occasional use |
---|
| 373 | + | license, the event storage license holder shall identify the |
---|
| 374 | + | storage facility to which any remaining alcoholic beverages |
---|
| 375 | + | are transferred, which shall be documented as a transfer |
---|
| 376 | + | pursuant to subsection (b). |
---|
| 377 | + | (7) Signed certification that the purchase is in |
---|
| 378 | + | compliance with board rules. |
---|
| 379 | + | (b) An event storage license holder shall document each |
---|
| 380 | + | transfer of alcoholic beverages on a form to be prescribed by |
---|
| 381 | + | the board, which shall include, but not be limited to, the |
---|
| 382 | + | following information: |
---|
| 383 | + | (1) The name under which the event storage license is |
---|
| 384 | + | issued. |
---|
415 | | - | dollars ($200) for each warehouse in addition to the principal |
---|
416 | | - | warehouse. |
---|
417 | | - | (5) Wine wholesaler license, license fee of five |
---|
418 | | - | hundred fifty dollars ($550) plus two hundred dollars ($200) |
---|
419 | | - | for each warehouse in addition to the principal warehouse. |
---|
420 | | - | (6) Beer and wine wholesaler license, license fee of |
---|
421 | | - | seven hundred fifty dollars ($750) plus two hundred dollars |
---|
422 | | - | ($200) for each warehouse in addition to the principal |
---|
423 | | - | warehouse. |
---|
424 | | - | (7) Warehouse license, license fee of two hundred |
---|
425 | | - | dollars ($200). |
---|
426 | | - | (6)(8) Lounge retail liquor license, license fee of |
---|
427 | | - | three hundred dollars ($300). |
---|
428 | | - | (7)(9) Restaurant retail liquor license, license fee of |
---|
429 | | - | three hundred dollars ($300). |
---|
430 | | - | (8)(10) Club liquor license, Class I license fee of |
---|
431 | | - | three hundred dollars ($300), Class II license fee of seven |
---|
432 | | - | hundred fifty dollars ($750). |
---|
433 | | - | (9)(11) Retail table wine license for off-premises |
---|
434 | | - | consumption, license fee of one hundred fifty dollars ($150). |
---|
435 | | - | (10)(12) Retail table wine license for on-premises and |
---|
436 | | - | off-premises consumption, license fee of one hundred fifty |
---|
437 | | - | dollars ($150). |
---|
438 | | - | (11)(13) Retail beer license for on-premises and |
---|
439 | | - | off-premises consumption, license fee of one hundred fifty |
---|
440 | | - | dollars ($150). |
---|
441 | | - | (12)(14) Retail beer license for off-premises |
---|
442 | | - | consumption, license fee of one hundred fifty dollars ($150). |
---|
443 | | - | (13)(15) Retail common carrier liquor license, license |
---|
| 414 | + | issued. |
---|
| 415 | + | (2) The event storage license number. |
---|
| 416 | + | (3) The date of the transfer. |
---|
| 417 | + | (4) The type of alcoholic beverage, the brand name, and |
---|
| 418 | + | the quantity. |
---|
| 419 | + | (5) The origin of the transfer, identified by the |
---|
| 420 | + | location, license type, and number. |
---|
| 421 | + | (6) The destination of the transfer, identified by |
---|
| 422 | + | location, license type, and number. |
---|
| 423 | + | (7) Signed certification that the transfer is in |
---|
| 424 | + | compliance with board rules. |
---|
| 425 | + | §28-3B-8 |
---|
| 426 | + | (a) Any applicant for, or holder of, an event storage |
---|
| 427 | + | license, authorizes all of the following: |
---|
| 428 | + | (1) Board personnel or law enforcement officers with |
---|
| 429 | + | jurisdiction to enter a storage facility and observe |
---|
| 430 | + | operations and to make a warrantless search for the purpose of |
---|
| 431 | + | enforcing this title and the rules of the board. |
---|
| 432 | + | (2) Board personnel to examine and inspect equipment, |
---|
| 433 | + | inventory, invoices, receipts, books, records, and related |
---|
| 434 | + | papers, and to make copies of the same. |
---|
| 435 | + | (3) For the purposes of this section, "storage |
---|
| 436 | + | facility" includes any adjoining or adjacent structure |
---|
| 437 | + | occupied by the license holder, including a private dwelling. |
---|
| 438 | + | (b)(1) An event storage license holder shall retain all |
---|
| 439 | + | documentation relating to alcoholic beverage purchases and |
---|
| 440 | + | transfers for a minimum of three years after the date of the |
---|
| 441 | + | purchase or transfer. |
---|
| 442 | + | (2) All purchase and transfer records may be maintained |
---|
473 | | - | (13)(15) Retail common carrier liquor license, license |
---|
474 | | - | fee of one hundred fifty dollars ($150) for each railroad, |
---|
475 | | - | airline, bus line, ship line, vessel , or other common carrier |
---|
476 | | - | entity with a vehicle passenger capacity of at least 10 |
---|
477 | | - | people. |
---|
478 | | - | (14)(16) Special retail license, license fee of one |
---|
479 | | - | hundred dollars ($100) for 30 days or less; license fee of two |
---|
480 | | - | hundred fifty dollars ($250) for more than 30 days. |
---|
481 | | - | (15)(17) Special events retail license, license fee of |
---|
482 | | - | one hundred fifty dollars ($150). |
---|
483 | | - | (18) Government venue license, license fee of two |
---|
484 | | - | hundred fifty dollars ($250). |
---|
485 | | - | (19) Event storage license, license fee of five hundred |
---|
486 | | - | fifty dollars ($550). |
---|
487 | | - | (b) The license fees levied and fixed by this section |
---|
488 | | - | shall be paid before the license is issued or renewed. |
---|
489 | | - | (c) In addition to the foregoing filing fee and license |
---|
490 | | - | taxes or fees, any county or municipality in which the sale of |
---|
491 | | - | alcoholic beverages is permitted shall be authorized to fix |
---|
492 | | - | and levy privileges or license taxes on any of the foregoing |
---|
493 | | - | licenses located or operated therein, conditioned on a permit |
---|
494 | | - | or license being issued by the board. |
---|
495 | | - | (d) No county or municipality shall have any authority |
---|
496 | | - | to levy a license or tax of any nature on any liquor store." |
---|
497 | | - | Section 5. This act shall become effective on July 1, |
---|
498 | | - | 2025. |
---|
| 472 | + | (2) All purchase and transfer records may be maintained |
---|
| 473 | + | in an electronic format so long as the records may be promptly |
---|
| 474 | + | provided in a readable format upon request by the board. |
---|
| 475 | + | (c)(1) The board may inspect and audit an event storage |
---|
| 476 | + | license holder's records on any weekday that is not a federal |
---|
| 477 | + | or state holiday between 8:00 a.m. and 5:00 p.m., or as |
---|
| 478 | + | otherwise scheduled by mutual agreement. |
---|
| 479 | + | (2) If an inspection or audit is attempted and a |
---|
| 480 | + | storage facility is closed, upon notice, the license holder |
---|
| 481 | + | shall make the storage facility available for inspection or |
---|
| 482 | + | audit within 48 hours plus the next available weekday that is |
---|
| 483 | + | not a federal or state holiday. |
---|
| 484 | + | (d)(1) If a discrepancy is discovered during an |
---|
| 485 | + | inspection or audit, the board may issue a compliance warning, |
---|
| 486 | + | require immediate corrective action, or issue a citation. |
---|
| 487 | + | (2) Reoccurring discrepancies discovered by audit or |
---|
| 488 | + | inspection may be considered a violation pursuant to rules |
---|
| 489 | + | adopted by the board. |
---|
| 490 | + | (3) The board may assess a civil fine of no more than |
---|
| 491 | + | one thousand dollars ($1,000) for each occurrence that is a |
---|
| 492 | + | violation of this chapter and may revoke the license. |
---|
| 493 | + | §28-3B-9 |
---|
| 494 | + | The board shall adopt rules and develop forms to |
---|
| 495 | + | implement and enforce this chapter. |
---|
| 496 | + | Section 3. Sections 28-3A-19, 28-3A-20, and 28-3A-21, |
---|
| 497 | + | Code of Alabama 1975, are amended to read as follows: |
---|
| 498 | + | "§28-3A-19 |
---|
| 499 | + | (a) Upon an applicant's compliance with the provisions |
---|
| 500 | + | of this chapter and the regulations made rules adopted |
---|
546 | | - | 252 |
---|
| 528 | + | 252 SB312 INTRODUCED |
---|
| 529 | + | Page 10 |
---|
| 530 | + | of this chapter and the regulations made rules adopted |
---|
| 531 | + | thereunder, the board shall issue a special retail license in |
---|
| 532 | + | wet counties for a state park, racing commission, fair |
---|
| 533 | + | authority, airport authority, or civic center authority, or |
---|
| 534 | + | the franchises or concessionaire of suchthe park, commission , |
---|
| 535 | + | or authority, and may, in its discretion, may issue a special |
---|
| 536 | + | retail license to any other valid responsible organization of |
---|
| 537 | + | good reputation for sucha period of time not to exceed one |
---|
| 538 | + | year and upon such terms and conditions as the board shall |
---|
| 539 | + | prescribe,.which willThe license shall authorize the licensee |
---|
| 540 | + | to purchase, where the retail sale thereof is authorized by |
---|
| 541 | + | the board, liquor and wine from the board or as authorized by |
---|
| 542 | + | the board and table wine and beer from any wholesale licensee |
---|
| 543 | + | of the board, and to sell at retail and dispense suchthe |
---|
| 544 | + | alcoholic beverages as are authorized by the board at such at |
---|
| 545 | + | locations authorized by the boardlicense upon such terms and |
---|
| 546 | + | conditions as prescribed by the board. Provided, however, no |
---|
| 547 | + | No sale of alcoholic beverages shall be permitted on any |
---|
| 548 | + | Sunday after the hour of 2:00 A.Ma.m. |
---|
| 549 | + | (b) With respect to an application for a license under |
---|
| 550 | + | this section not to exceed 30 days, the applicant shall |
---|
| 551 | + | indicate if the alcoholic beverages to be dispensed will be |
---|
| 552 | + | received from, and returned to, a storage facility under an |
---|
| 553 | + | event storage license as provided under Chapter 3B ." |
---|
| 554 | + | "§28-3A-20 |
---|
| 555 | + | (a) Upon an applicant's compliance with this chapter |
---|
| 556 | + | and the regulations made rulesadopted thereunder, and upon |
---|
| 557 | + | application made on a form provided by the board at least 25 |
---|
| 558 | + | days in advance of the event for which a license is |
---|
| 578 | + | 272 |
---|
| 579 | + | 273 |
---|
| 580 | + | 274 |
---|
| 581 | + | 275 |
---|
| 582 | + | 276 |
---|
| 583 | + | 277 |
---|
| 584 | + | 278 |
---|
| 585 | + | 279 |
---|
| 586 | + | 280 SB312 INTRODUCED |
---|
| 587 | + | Page 11 |
---|
| 588 | + | days in advance of the event for which a license is |
---|
| 589 | + | grantedsought, the board shall issue a special events retail |
---|
| 590 | + | license for a valid,to a responsible organization of good |
---|
| 591 | + | reputation, for a period not to exceed seven days , and upon |
---|
| 592 | + | such terms and conditions as the board may prescribe. The |
---|
| 593 | + | license shall authorize the licensee to purchase, where the |
---|
| 594 | + | retail sale thereof is authorized by the board, liquor and |
---|
| 595 | + | wine from the board or as authorized by the board and table |
---|
| 596 | + | wine and beer from any wholesale licensee of the board , and to |
---|
| 597 | + | sell at retail and dispense suchthe alcoholic beverages as are |
---|
| 598 | + | authorized by the board to the patrons, guests, or members of |
---|
| 599 | + | the organization at suchthe locations or areas as shall be |
---|
| 600 | + | authorized by the boardlicense upon suchthe terms and |
---|
| 601 | + | conditions as prescribed by the board. No sale of alcoholic |
---|
| 602 | + | beverages shall be permitted on any Sunday after the hour of |
---|
| 603 | + | 2:00 A.Ma.m. |
---|
| 604 | + | (b) With respect to an application for a license under |
---|
| 605 | + | this section, the applicant shall indicate if the alcoholic |
---|
| 606 | + | beverages to be dispensed will be received from, and returned |
---|
| 607 | + | to, a storage facility under an event storage license as |
---|
| 608 | + | provided under Chapter 3B ." |
---|
| 609 | + | "§28-3A-21 |
---|
| 610 | + | (a) The following annual license fees are levied and |
---|
| 611 | + | prescribed for licenses issued and renewed by the board |
---|
| 612 | + | pursuant to the authority contained in this chapter: |
---|
| 613 | + | (1) Manufacturer license, license fee of five hundred |
---|
| 614 | + | dollars ($500). |
---|
| 615 | + | (2) Importer license, license fee of five hundred |
---|
| 616 | + | dollars ($500). |
---|
| 617 | + | 281 |
---|
| 618 | + | 282 |
---|
| 619 | + | 283 |
---|
| 620 | + | 284 |
---|
| 621 | + | 285 |
---|
| 622 | + | 286 |
---|
| 623 | + | 287 |
---|
| 624 | + | 288 |
---|
| 625 | + | 289 |
---|
| 626 | + | 290 |
---|
| 627 | + | 291 |
---|
| 628 | + | 292 |
---|
| 629 | + | 293 |
---|
| 630 | + | 294 |
---|
| 631 | + | 295 |
---|
| 632 | + | 296 |
---|
| 633 | + | 297 |
---|
| 634 | + | 298 |
---|
| 635 | + | 299 |
---|
| 636 | + | 300 |
---|
| 637 | + | 301 |
---|
| 638 | + | 302 |
---|
| 639 | + | 303 |
---|
| 640 | + | 304 |
---|
| 641 | + | 305 |
---|
| 642 | + | 306 |
---|
| 643 | + | 307 |
---|
| 644 | + | 308 SB312 INTRODUCED |
---|
| 645 | + | Page 12 |
---|
| 646 | + | dollars ($500). |
---|
| 647 | + | (3) Liquor wholesalewholesaler license, license fee of |
---|
| 648 | + | five hundred dollars ($500). |
---|
| 649 | + | (4) WholesalerBeer wholesaler license, beer license fee |
---|
| 650 | + | of five hundred fifty dollars ($550) or wine license fee of |
---|
| 651 | + | five hundred fifty dollars ($550); license fee for beer and |
---|
| 652 | + | wine of seven hundred fifty dollars ($750); plus two hundred |
---|
| 653 | + | dollars ($200) for each warehouse in addition to the principal |
---|
| 654 | + | warehouse. |
---|
| 655 | + | (5) Wine wholesaler license, license fee of five |
---|
| 656 | + | hundred fifty dolars ($550) plus two hundred dollars ($200) |
---|
| 657 | + | for each warehouse in addition to the principal warehouse. |
---|
| 658 | + | (6) Warehouse license, license fee of two hundred |
---|
| 659 | + | dollars ($200). |
---|
| 660 | + | (6)(7) Lounge retail liquor license, license fee of |
---|
| 661 | + | three hundred dollars ($300). |
---|
| 662 | + | (7)(8) Restaurant retail liquor license, license fee of |
---|
| 663 | + | three hundred dollars ($300). |
---|
| 664 | + | (8)(9) Club liquor license, Class I license fee of |
---|
| 665 | + | three hundred dollars ($300), Class II license fee of seven |
---|
| 666 | + | hundred fifty dollars ($750). |
---|
| 667 | + | (9)(10) Retail table wine license for off-premises |
---|
| 668 | + | consumption, license fee of one hundred fifty dollars ($150). |
---|
| 669 | + | (10)(11) Retail table wine license for on-premises and |
---|
| 670 | + | off-premises consumption, license fee of one hundred fifty |
---|
| 671 | + | dollars ($150). |
---|
| 672 | + | (11)(12) Retail beer license for on-premises and |
---|
| 673 | + | off-premises consumption, license fee of one hundred fifty |
---|
| 674 | + | dollars ($150). |
---|
| 675 | + | 309 |
---|
| 676 | + | 310 |
---|
| 677 | + | 311 |
---|
| 678 | + | 312 |
---|
| 679 | + | 313 |
---|
| 680 | + | 314 |
---|
| 681 | + | 315 |
---|
| 682 | + | 316 |
---|
| 683 | + | 317 |
---|
| 684 | + | 318 |
---|
| 685 | + | 319 |
---|
| 686 | + | 320 |
---|
| 687 | + | 321 |
---|
| 688 | + | 322 |
---|
| 689 | + | 323 |
---|
| 690 | + | 324 |
---|
| 691 | + | 325 |
---|
| 692 | + | 326 |
---|
| 693 | + | 327 |
---|
| 694 | + | 328 |
---|
| 695 | + | 329 |
---|
| 696 | + | 330 |
---|
| 697 | + | 331 |
---|
| 698 | + | 332 |
---|
| 699 | + | 333 |
---|
| 700 | + | 334 |
---|
| 701 | + | 335 |
---|
| 702 | + | 336 SB312 INTRODUCED |
---|
| 703 | + | Page 13 |
---|
| 704 | + | dollars ($150). |
---|
| 705 | + | (12)(13) Retail beer license for off-premises |
---|
| 706 | + | consumption, license fee of one hundred fifty dollars ($150). |
---|
| 707 | + | (13)(14) Retail common carrier liquor license, license |
---|
| 708 | + | fee of one hundred fifty dollars ($150) for each railroad, |
---|
| 709 | + | airline, bus line, ship line, vessel , or other common carrier |
---|
| 710 | + | entity with a vehicle passenger capacity of at least 10 |
---|
| 711 | + | people. |
---|
| 712 | + | (14)(15) Special retail license, license fee of one |
---|
| 713 | + | hundred dollars ($100) for 30 days or less; license fee of two |
---|
| 714 | + | hundred fifty dollars ($250) for more than 30 days. |
---|
| 715 | + | (15)(16) Special events retail license, license fee of |
---|
| 716 | + | one hundred fifty dollars ($150). |
---|
| 717 | + | (17) Government venue license, license fee of two |
---|
| 718 | + | hundred fifty dollars ($250). |
---|
| 719 | + | (18) Event storage license, license fee of five hundred |
---|
| 720 | + | fifty dollars ($550). |
---|
| 721 | + | (b) The license fees levied and fixed by this section |
---|
| 722 | + | shall be paid before the license is issued or renewed. |
---|
| 723 | + | (c) In addition to the foregoing filing fee and license |
---|
| 724 | + | taxes or fees, any county or municipality in which the sale of |
---|
| 725 | + | alcoholic beverages is permitted shall be authorized to fix |
---|
| 726 | + | and levy privileges or license taxes on any of the foregoing |
---|
| 727 | + | licenses located or operated therein, conditioned on a permit |
---|
| 728 | + | or license being issued by the board. |
---|
| 729 | + | (d) No county or municipality shall have any authority |
---|
| 730 | + | to levy a license or tax of any nature on any liquor store." |
---|
| 731 | + | Section 4. This act shall become effective on October |
---|
| 732 | + | 1, 2025. |
---|
| 733 | + | 337 |
---|
| 734 | + | 338 |
---|
| 735 | + | 339 |
---|
| 736 | + | 340 |
---|
| 737 | + | 341 |
---|
| 738 | + | 342 |
---|
| 739 | + | 343 |
---|
| 740 | + | 344 |
---|
| 741 | + | 345 |
---|
| 742 | + | 346 |
---|
| 743 | + | 347 |
---|
| 744 | + | 348 |
---|
| 745 | + | 349 |
---|
| 746 | + | 350 |
---|
| 747 | + | 351 |
---|
| 748 | + | 352 |
---|
| 749 | + | 353 |
---|
| 750 | + | 354 |
---|
| 751 | + | 355 |
---|
| 752 | + | 356 |
---|
| 753 | + | 357 |
---|
| 754 | + | 358 |
---|
| 755 | + | 359 |
---|
| 756 | + | 360 |
---|
| 757 | + | 361 |
---|
| 758 | + | 362 |
---|
| 759 | + | 363 |
---|
| 760 | + | 364 |
---|