SB312ENGROSSED
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SB312
JPZTUNN-2
By Senators Smitherman, Bell
RFD: Fiscal Responsibility and Economic Development
First Read: 08-Apr-25
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First Read: 08-Apr-25
A BILL
TO BE ENTITLED
AN ACT
Relating to alcoholic beverages; to provide for an
event storage license that authorizes persons who sell and
dispense alcoholic beverages pursuant to existing special
event licenses to store alcoholic beverages at a permanent
facility for transfer as needed to special event venues; to
provide for a government venue license that authorizes persons
to sell and dispense alcoholic beverages at special events
held on government owned property; to authorize the Alcoholic
Beverage Control Board to administer and enforce these
licenses and to adopt rules; and to amend Section 28-3A-21,
Code of Alabama 1975, to set license fees.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds all of the following:
(1) A structured framework is needed to allow holders
of certain licenses issued by the Alcoholic Beverage Control
Board which authorize the sale and dispensing of alcoholic
beverages at special events on an occasional use basis to
manage and store their alcoholic beverage inventory at a
secure, permanent location.
(2) This act establishes a new category of license
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(2) This act establishes a new category of license
under the Alcoholic Beverage Control Board which allows a
holder of certain special event licenses to store and transfer
alcoholic beverages between a designated storage location and
special event venues as needed.
(3) This act also establishes a new category of special
event license to provide a method for a vendor to sell and
dispense alcoholic beverages on state, county, and municipal
government owned properties where special events are
occasionally held.
Section 2. (a) Upon an eligible applicant's compliance
with Chapter 3A of Title 28, Code of Alabama 1975, and rules
adopted thereunder and payment of the event storage license
fee as established in Section 28-3A-21, Code of Alabama 1975,
the Alcoholic Beverage Control Board, on and after January 1,
2026, shall issue an event storage license to a person for
such period of time not to exceed one year and upon such terms
and conditions as the board may prescribe. An event storage
license authorizes the licensee to purchase and store
alcoholic beverages at one designated location and transfer
alcoholic beverages as needed to special event venues where
the licensee holds the appropriate special event license under
the same Federal Employer Identification Number.
(b) Notwithstanding Section 28-3-4, Code of Alabama
1975, only the holder of one or more of the following special
event licenses shall be eligible to make application for and
hold an event storage license:
(1) A special events retail license.
(2) A nonprofit special events retail license.
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(2) A nonprofit special events retail license.
(3) A special retail license for 30 days or less.
(4) A government venue license.
(c) An event storage license authorizes a licensee to:
(1) Store alcoholic beverages, when not at a special
event venue, at the storage location;
(2) Arrange delivery of alcoholic beverages purchased
from the board or a wholesale licensee directly to the
licensee's storage location or directly to a special event
license venue; and
(3) Transfer alcoholic beverages between the storage
location and a special event venue. Alcoholic beverages
returned from a special event venue to the storage location
may then be transferred to another special event venue, but a
licensee may not transfer alcoholic beverages directly from
one special event venue to another special event venue without
first returning the alcoholic beverages to the storage
location.
(d)(1) The holder of an event storage license may only
purchase beer and table wine from a licensed wholesaler that
maintains the appropriate franchise for the brand purchased in
the area applicable to the storage location. The holder of an
event storage license may only purchase liquor from board
wholesale.
(2) The holder of an event storage license may purchase
alcoholic beverages under one of the special events licenses
listed in subsection (b) which is issued to the holder;
provided, the purchase is made only from a vendor permitted
under the special events license and that any remaining
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under the special events license and that any remaining
alcoholic beverages purchased are returned to the storage
location.
(e) The holder of an event storage license may apply
for and hold up to three such licenses, each of which permits
one designated storage location, provided:
(1) All storage locations are situated at least 100
miles from one another; and
(2) Alcoholic beverages may not be transferred between
storage locations.
(f) The storage location facility must:
(1) Be secured at all times with locked access when not
in use;
(2) Use an access control system to monitor and
restrict entry to authorized individuals only;
(3) Be temperature controlled as appropriate for the
types of alcoholic beverages stored; and
(4) Comply with local zoning and building codes.
(g) An event storage licensee shall track all alcoholic
beverage transfers, on a form prescribed by the board, which
shall include, but not be limited to, all of the following
information:
(1) The name under which the event storage license is
issued.
(2) The event storage license number.
(3) The date of the transfer.
(4) The type of alcoholic beverage, the brand name, and
the quantity transferred.
(5) The destination of the transfer, identified by
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(5) The destination of the transfer, identified by
location, special event license type, and number.
(6) If the destination of the transfer is the return of
alcoholic beverages from a special event venue to a storage
location, the type of alcoholic beverage, the brand, and the
quantity returned.
(7) A signed certification that the transfer is in
compliance with this section and board rules.
(h)(1) An event storage licensee shall maintain for a
period of three years records of all alcoholic beverages
purchased, stored, transferred, and sold in accordance with
rules adopted by the board. These records may be maintained in
an electronic format so long as the records may be promptly
provided in a readable format upon request by the board.
(2) All invoices, transfer logs, and other records of
an event storage licensee shall be subject to inspection by
members of the board or by agents authorized and designated by
the board at any time during the normal business hours
established by the licensee.
(3) Inspection by the board or by agents authorized and
designated by the board may:
a. Include a search by law enforcement officers with
jurisdiction if the circumstances require; and
b. Extend to other buildings attached or adjacent to
the storage location, including a dwelling.
(i)(1) If a discrepancy is discovered during an
inspection or audit, the board may issue a compliance warning,
require immediate corrective action, or issue a citation.
(2) Reoccurring discrepancies discovered by audit or
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(2) Reoccurring discrepancies discovered by audit or
inspection may be considered a violation pursuant to rules
adopted by the board.
(3) The board may assess a civil fine of no more than
one thousand dollars ($1,000) for each occurrence that is a
violation of this chapter and may revoke the license.
(j) The board shall adopt rules to implement this
section.
Section 3. (a) Upon an applicant's compliance with
Chapter 3A of Title 28, Code of Alabama 1975, and rules
adopted thereunder and payment of the government venue license
fee as established in Section 28-3A-21, Code of Alabama 1975,
the Alcoholic Beverage Control Board shall issue a government
venue license to a person for such period of time and upon
such terms and conditions as the board may prescribe. A
government venue license authorizes the licensee to purchase
liquor and wine from the board and table wine and beer from
any wholesale licensee and to sell at retail and dispense for
on-premises consumption alcoholic beverages at a location on
property owned or leased by the state or a political
subdivision of the state. Locations may include, but are not
limited to, civic centers and community event spaces; concert
centers, amphitheaters, and music halls; convention centers
and exhibition halls; government owned stadiums and sports
complexes; or historic properties, parks, fairgrounds, or
other outdoor spaces.
(b) The government venue license is a special retail
license, and selling and dispensing of alcoholic beverages
shall be restricted to an occasional use basis. For the
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shall be restricted to an occasional use basis. For the
purposes of this section, "occasional use basis" refers to a
location where alcoholic beverages are sold and dispensed at
individual events that may be open to the public or restricted
to private parties. The term excludes locations where
alcoholic beverages are dispensed and served to the public
during continual business hours on a regular schedule.
(c) Any holder of a special retail license under
Section 28-3A-19, Code of Alabama 1975, may convert the
license to a government venue license no later than September
30, 2026; provided, all requirements for issuance of a
government venue license are met.
Section 4. Section 28-3A-21, Code of Alabama 1975, is
amended to read as follows:
"ยง28-3A-21
(a) The following annual license fees are levied and
prescribed for licenses issued and renewed by the board
pursuant to the authority contained in this chapter:
(1) Manufacturer license, license fee of five hundred
dollars ($500).
(2) Importer license, license fee of five hundred
dollars ($500).
(3) Liquor wholesalewholesaler license, license fee of
five hundred dollars ($500).
(4) WholesalerBeer wholesaler license, beer license fee
of five hundred fifty dollars ($550) or wine license fee of
five hundred fifty dollars ($550); license fee for beer and
wine of seven hundred fifty dollars ($750); plus two hundred
dollars ($200) for each warehouse in addition to the principal
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dollars ($200) for each warehouse in addition to the principal
warehouse.
(5) Wine wholesaler license, license fee of five
hundred fifty dollars ($550) plus two hundred dollars ($200)
for each warehouse in addition to the principal warehouse.
(6) Beer and wine wholesaler license, license fee of
seven hundred fifty dollars ($750) plus two hundred dollars
($200) for each warehouse in addition to the principal
warehouse.
(7) Warehouse license, license fee of two hundred
dollars ($200).
(6)(8) Lounge retail liquor license, license fee of
three hundred dollars ($300).
(7)(9) Restaurant retail liquor license, license fee of
three hundred dollars ($300).
(8)(10) Club liquor license, Class I license fee of
three hundred dollars ($300), Class II license fee of seven
hundred fifty dollars ($750).
(9)(11) Retail table wine license for off-premises
consumption, license fee of one hundred fifty dollars ($150).
(10)(12) Retail table wine license for on-premises and
off-premises consumption, license fee of one hundred fifty
dollars ($150).
(11)(13) Retail beer license for on-premises and
off-premises consumption, license fee of one hundred fifty
dollars ($150).
(12)(14) Retail beer license for off-premises
consumption, license fee of one hundred fifty dollars ($150).
(13)(15) Retail common carrier liquor license, license
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(13)(15) Retail common carrier liquor license, license
fee of one hundred fifty dollars ($150) for each railroad,
airline, bus line, ship line, vessel , or other common carrier
entity with a vehicle passenger capacity of at least 10
people.
(14)(16) Special retail license, license fee of one
hundred dollars ($100) for 30 days or less; license fee of two
hundred fifty dollars ($250) for more than 30 days.
(15)(17) Special events retail license, license fee of
one hundred fifty dollars ($150).
(18) Government venue license, license fee of two
hundred fifty dollars ($250).
(19) Event storage license, license fee of five hundred
fifty dollars ($550).
(b) The license fees levied and fixed by this section
shall be paid before the license is issued or renewed.
(c) In addition to the foregoing filing fee and license
taxes or fees, any county or municipality in which the sale of
alcoholic beverages is permitted shall be authorized to fix
and levy privileges or license taxes on any of the foregoing
licenses located or operated therein, conditioned on a permit
or license being issued by the board.
(d) No county or municipality shall have any authority
to levy a license or tax of any nature on any liquor store."
Section 5. This act shall become effective on July 1,
2025.
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2025.
Senate
Read for the first time and referred
to the Senate committee on Fiscal
Responsibility and Economic
Development
................08-Apr-25
Read for the second time and placed
on the calendar:
0 amendments
................09-Apr-25
Read for the third time and passed
as amended
Yeas 30
Nays 0
Abstains 0
................15-Apr-25
Patrick Harris,
Secretary.
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