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HB593 ENROLLED
Page 0
HB593
FKMP1D5-3
By Representative Whitt
RFD: Economic Development and Tourism
First Read: 10-Mar-26
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HB593 Enrolled
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First Read: 10-Mar-26
Enrolled, An Act,
Relating to alcoholic beverages; to amend Sections
28-4A-1 through 28-4A-6, Code of Alabama 1975, and redesignate
these sections as Article 1 of Chapter 4A of Title 28, Code of
Alabama 1975; to add Sections 28-4A-7, 28-4A-8, 28-4A-9 to
Article 1 of Chapter 4A of Title 28, Code of Alabama 1975; to
add Articles 2, 3, and 4 to Chapter 4A of Title 28, Code of
Alabama 1975; to create the Alabama Small Craft Alcoholic
Beverages Act; to create new categories of licenses for small
craft distilleries and small craft wineries and create a new
license for small craft alcoholic beverage manufacturers that
operate a brewpub, small craft winery, or small craft
distillery or any combination of these; to provide for
qualifications and license requirements; to permit a brewpub,
small craft winery, or small craft distillery to allow tours
of their manufacturing facilities; to provide for sales by a
brewpub, small craft winery, or small craft distillery, at
off-premises events open to the public; to provide that a
brewpub, small craft winery, or small craft distillery, or any
other alcoholic beverage manufacturer, may maintain a storage
facility off the licensed manufacturing premises; to require
the Alcoholic Beverage Control Board to administer and enforce
the act; and to amend Section 28-3A-13.1, Code of Alabama
1975, to make conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 28-4A-1 through 28-4A-6, Code of
Alabama 1975, are designated as Article 1 of Chapter 4A of
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Alabama 1975, are designated as Article 1 of Chapter 4A of
Title 28 and are amended to read as follows:
Article 1. General Provisions; Small Craft Alcoholic
Beverage manufacturers.
"§28-4A-1
This chapter shall be known as and may be cited as the
"Alabama Brewpub Small Craft Alcoholic Beverages Act.""
"§28-4A-2
(a) The words and phrases terms used in this chapter
shall have the meanings ascribed to them as defined in Section
28-3-1 , and any acts amendatory thereof, supplementary thereto
or substituted therefor .
(b) The For purposes of this chapter, the following
words or phrases, whenever they appear in this chapter, unless
the context clearly indicates otherwise, shall have the
meaning ascribed to them in this subsection terms have the
following meanings :
(1) BREWPUB. Any premises upon which beer is actively
and continuously manufactured or brewed, subject to the barrel
production limitation prescribed in this chapter Article 2 , for
consumption on the premises where manufactured, or for sale to
any designated wholesaler licensee for resale to retail
licensees.
(2) HYBRID CRAFT ALCOHOLIC BEVERAGE COMPLEX. A campus
or area upon which a brewpub, a small craft distillery, and a
small craft winery, or any combination of these, operate under
one license issued by the board pursuant to this article.
(2)(3) PREMISES. Any building , or structure , or portion
thereof , designated as a historic building and site as defined
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thereof , designated as a historic building and site as defined
in Section 40-8-1, or located in a registered historic
district or located in any economically distressed area
designated as suitable by the municipal or county governing
body, in which is located the operations of a brewpub , a small
craft distillery, or a small craft winery .
(4) SMALL CRAFT DISTILLERY. Any premises upon which
liquor is actively and continuously manufactured or distilled,
subject to the production volume limitation prescribed in
Article 3, for consumption on the premises where manufactured,
or for sale to the board or a liquor wholesaler licensee for
resale to retail licensees.
(5) SMALL CRAFT WINERY. Any premises upon which table
wine is actively and continuously manufactured, subject to the
production volume limitation prescribed in Article 4, for
consumption on the premises where manufactured, or for sale to
any designated wine wholesaler licensee for resale to retail
licensees. "
"§28-4A-3
(a) In addition to the licenses authorized to be issued
and renewed by the board pursuant to the Alcoholic Beverage
Licensing Code codified as Chapter 3A of this title, the
board, upon applicant's compliance with this chapter, Chapter
3A, and the rules adopted thereunder, and the conditions set
forth in subsection (b), may issue to a qualified applicant a
brewpub license which shall authorize the licensee to do all
of the following:
(1) Manufacture or brew beer, in a quantity not to
exceed 10,000 barrels in any one year, and to sell beer brewed
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exceed 10,000 barrels in any one year, and to sell beer brewed
on the licensed premises in unpackaged form at retail for
on-premises consumption at the licensed premises only.
(2) Sell beer brewed on the licensed premises in
packaged form at retail for off-premises consumption, provided
the beer sold for off-premises consumption may not exceed 864
ounces per customer per day and shall be sealed, labeled,
packaged, and taxed in accordance with state and federal laws
and regulations.
(3) Sell beer brewed on the premises in original,
unopened barrel or keg containers to any licensed wholesaler
designated by a brewpub licensee pursuant to Sections 28-8-2
and 28-9-3 for resale to retail licensees.
(4) Donate and deliver up to 31 gallons of the
licensee's beer to a licensed charitable special event
operated by or on behalf of a nonprofit organization;
provided, however, donations shall be taxed in accordance with
state and federal laws and regulations, and any beer remaining
at the conclusion of the charitable event shall be returned to
the brewpub for disposal.
(5) Purchase beer, including draft or keg beer, in
original, unopened containers from licensed wholesalers and to
sell such beer at retail for on-premises consumption only, in
a room or rooms or place on the licensed premises at all times
accessible to the use and accommodation of the general public.
(b) A brewpub is subject to all of the following
conditions:
(1) The proposed location of the premises shall not, at
the time of the original application, be prohibited by a valid
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the time of the original application, be prohibited by a valid
zoning ordinance or other ordinance in the valid exercise of
police power by the governing body of the municipality or
county in which the brewpub is located.
(2) Beer brewed by the brewpub licensee shall be
packaged or contained in barrels from which the beer is to be
dispensed only on the premises where brewed for consumption on
the premises or sold in original, unopened barrel or keg
containers to any designated wholesaler licensee for resale to
retailer licensees.
(3) The brewpub must contain and operate a restaurant
or otherwise provide food for consumption on the premises.
(4) The brewpub may not sell any alcoholic beverages if
it is not actively and continuously engaged in the manufacture
or brewing of alcoholic beverages on the brewpub's licensed
premises.
(c) The annual license fee levied and prescribed for a
license as a brewpub issued or renewed by the board is one
thousand dollars ($1,000).
(d) A manufacturer that sells, on an annual basis, an
amount equal to no more than 60,000 barrels of beer, may have
a financial interest in a brewpub, including a brewpub that
also has a restaurant retail license, provided the
manufacturer may not transfer alcoholic beverages directly
from the manufacturer to the brewpub, but may purchase
alcoholic beverages from an authorized wholesaler or as
otherwise provided by law, and may not have a financial
interest in any retailer other than a brewpub.
(e) Section 28-3-4 and subsection (b) of Section
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(e) Section 28-3-4 and subsection (b) of Section
28-3A-6 shall not be applicable with regard to beer brewed by
either of the following and sold and dispensed on the brewpub
premises:
(1) The brewpub.
(2) A manufacturer described in, and in compliance
with, subsection (d).
(a) In addition to the licenses provided for in
Articles 2 through 4, the board may issue a hybrid craft
alcoholic beverage complex license to any person licensed as a
brewpub, small craft distillery, or small craft winery, or who
meets the qualification for licensure as a brewpub, a small
craft distillery, or a small craft winery, and who meets the
qualifications in subsection (b). A hybrid craft alcoholic
beverage complex license shall authorize the licensee to
operate a brewpub, a small craft winery, or a small craft
distillery, or any combination of these.
(b) To qualify as a hybrid craft alcoholic beverage
complex:
(1) The applicant must meet the license qualifications
under Article 2, 3, or 4, as applicable, corresponding to the
type or types of alcoholic beverages the applicant intends to
manufacture; and
(2) Each type of alcoholic beverage must be
manufactured on a separate premises, as determined, by rule,
by the board, but all the properties upon which the premises
are located must be contiguous and walkable.
(c) If the applicant already holds a valid, current
license under Article 2, 3, or 4 when making application for a
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license under Article 2, 3, or 4 when making application for a
license under this section, the board may convert the existing
license into a hybrid craft alcoholic beverage complex
license.
(d)(1) The annual license fee levied and prescribed for
a license as a hybrid craft alcoholic beverage complex issued
or renewed by the board is two thousand dollars ($2,000).
(2) Notwithstanding subdivision (1), if the board
converts an existing license into a hybrid craft alcoholic
beverage complex license, the initial license fee shall be one
thousand dollars ($1,000) and each annual renewal fee shall be
as provided in subdivision (1). "
"§28-4A-4
(a) In addition to the licenses provided for by this
chapter and any county or municipal license, there is levied
on the brewpub for on-premises sales of beer brewed by the
brewpub licensee the privilege or excise taxes imposed by
Sections 28-3-184 and 28-3-190. Every brewpub licensee shall
file the tax returns, pay the taxes, and perform all
obligations imposed on wholesalers at the times and places set
forth therein. It shall be unlawful for any brewpub licensee
who is required to pay the taxes so imposed in the first
instance to fail or refuse to add to the sales price and
collect from the purchaser the required amount of tax, it
being the intent and purpose of this provision that each of
the taxes levied is in fact a tax on the consumer, with the
brewpub licensee who pays the tax in the first instance acting
merely as an agent of the state for the collection and payment
of the tax levied by Section 28-3-184 and as an agent of the
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of the tax levied by Section 28-3-184 and as an agent of the
county or municipality for the collection and payment of the
tax levied by Section 28-3-190. Taxes on beer shall be levied
at the time the beer is allocated for the purpose of retail
sale and not at the time the beer is dispensed for
consumption.
(b) The brewpub shall be required to keep and maintain
all of the records otherwise required to be kept and
maintained by manufacturer, wholesaler, and retailer
licensees.
(c) The brewpub shall appoint a licensed wholesaler
designee in order to preserve Section 28-9-1. In addition, for
on-premises sales of beer brewed by the brewpub licensee, the
brewpub shall be exempt from Sections 28-9-3 through 28-9-11.
The board may adopt rules to administer and enforce
this chapter. "
"§28-4A-5
A violation of any provision of this chapter shall
constitute an unlawful act. A finding by the board that the
The board shall revoke the license of a brewpub , licensee is
guilty of violating any provision of a small craft distillery,
a small craft winery, or a hybrid craft alcoholic beverage
complex if the board makes a finding that the licensee
violated this chapter shall effect an automatic revocation of
the license ."
"§28-4A-6
The Legislature finds that it is in the best interest
of the public welfare of the State of Alabama to preserve and
redevelop the downtown municipal areas and registered historic
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redevelop the downtown municipal areas and registered historic
districts and certain economically distressed areas of this
state and to further promote the preservation and
redevelopment of historic buildings and sites. The Legislature
finds that an effective way of facilitating the urban
redevelopment program and the preservation of historic
buildings and sites, and registered historic districts and any
economically distressed area designated as suitable by the
municipal or county governing body is by creating a single
exception to the existing alcoholic beverage laws to authorize
and permit the establishment of brewpubs , small craft
wineries, and small craft distilleries located in such
historic buildings, sites, or districts in urban redevelopment
areas or economically distressed areas of those municipalities
located within counties where the brewing of beer for
consumption by the public had historically been located or
counties . The policy and intent of the Legislature in the
enactment of this chapter is to promote the public welfare by
further regulating and controlling alcoholic beverage
transactions in Alabama under the control and supervision of
the Alabama Alcoholic Beverage Control Board to accomplish
this legislative purpose set forth herein ."
Section 2. Sections 28-4A-7, 28-4A-8, and 28-4A-9 are
added to Article 1 of Chapter 4A of Title 28, Code of Alabama
1975, to read as follows:
§28-4A-7
(a) A license issued under this article, or under
Article 2, 3, or 4, authorizes the licensee to afford patrons
the opportunity to participate in a guided tour of the
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the opportunity to participate in a guided tour of the
distillery, brewery, or winery manufacturer operations as
applicable, if the tour includes an educational component in
which an in-person guide informs patrons about the historic
and scientific characteristics of the alcoholic beverage
manufactured on the licensed premises.
(b) A licensee may offer a tasting or sampling of the
alcoholic beverage manufactured on the licensed premises upon
conclusion of the tour in accordance with all of the following
requirements:
(1) A tasting session shall be in a designated,
enclosed area that is separate from all other designated areas
on the licensed premises.
(2) A patron may tour the manufacturing operation of
more than one type of alcoholic beverage manufactured by the
licensee, but may participate in no more than one tasting
session per day.
(3) The price of the tasting or sampling must be
included in the price charged to patrons over 21 years of age
for the guided tour.
(4) No retail sale of an alcoholic beverage, whether
for on-premises or off-premises consumption, shall be
authorized pursuant to a tour.
(5) Each session shall be limited to no more than two
tastings or samplings, each of which:
a. In the case of liquor, shall not exceed one-half
ounce, with or without a nonalcoholic mixer;
b. In the case of beer, shall not exceed four ounces;
and
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and
c. In the case of table wine, shall not exceed one and
one-half ounce.
§28-4A-8
(a) For purposes of this section, a "public event" is
any event sponsored by a private or nonprofit organization
lasting no longer than three consecutive days, to which the
public is invited, whether free or upon payment for admission,
including, but not limited to, a farmers market, music
festival, art festival, or other exhibition to which vendors
may be invited to display and sell their products.
(b)(1) Upon application to the board upon a form
prescribed by the board, at least 20 days in advance of the
event and accompanied by a nonrefundable fee not to exceed one
hundred fifty dollars ($150), the board may issue a tasting
room extension license to an applicant that is licensed under
this chapter.
(2) A tasting room extension license issued to a
licensee under this chapter authorizes the recipient to do all
of the following with respect to an alcoholic beverage
manufactured on the recipient's premises at a public event:
a. Dispense samples of the alcoholic beverage to event
attendees from an original container, of no more than one-half
ounce in the case of liquor, four ounces in the case of beer,
and one and one-half ounces in the case of table wine.
b. Sell the alcoholic beverage at retail, packaged for
consumption off the event site in accordance with state and
federal laws and regulations, including, but not limited to,
federal regulations related to standard of fill:
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federal regulations related to standard of fill:
1. For liquor, in bottles not to exceed a total of 4.5
liters per customer per day;
2. For beer, in bottles or cans not to exceed a total
of 864 ounces per customer per day; or
3. For table wine, a total not to exceed twelve
750-milliliter bottles per customer per day.
(c) A tasting room extension licensee may not sell any
alcoholic beverage to retailers or sell alcoholic beverages
that the licensee does not manufacture.
(d) A tasting room extension licensee who is licensed
pursuant to this article may only dispense samples or sell for
consumption pursuant to subsection (b), one type of alcoholic
beverage which it manufactures.
(e) The board may issue a tasting room extension
license upon submission by the applicant of the following:
(1) Proof of compliance with any municipal or county
license or permit requirement.
(2) Proof of registration, including payment of a booth
fee as acknowledged by the event sponsor, to include defining
the area under each applicant's exclusive control.
(3) Proof of liquor liability insurance, including a
written statement from the applicant's liquor liability
insurer that the applicant's existing policy covers the
activities of the applicant at the public event.
(f) Any licensee under this chapter shall be limited to
no more than 12 tasting room extension licenses per calendar
year.
(g)(1) A tasting room extension licensee shall collect
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(g)(1) A tasting room extension licensee shall collect
and remit all state and local sales and use taxes and all
excise and other taxes due, pursuant to Article 2, 3, or 4 as
applicable, on the sale of the alcoholic beverage by the
participant licensee to customers at retail.
(2) Notwithstanding subdivision (1), a tasting room
extension licensee that also sells an alcoholic beverage at
retail, in a method and manner established by the Department
of Revenue, may include the collection and remittance of all
state and local taxes due on the sale of the alcoholic
beverage sold at the public event in the same method and
manner as other sales of the same alcoholic beverage at
retail.
(3) Nothing in this section shall be construed to alter
in any way the distribution of revenue from a tax levied
pursuant to a local law.
(h) The board is authorized to adopt rules and
prescribe forms to implement and enforce this section.
§28-4A-9
(a) For purposes of this section, a "licensed
manufacturer" includes a manufacturer who is licensed pursuant
to this chapter or Section 28-3A-6.
(b) Upon approval of the board, a licensed manufacturer
may be allowed one off-premises manufacturer extension
location for the exclusive storage of finished and unfinished
goods pursuant to the requirements of subsection (c).
(c) An application for approval of an off-premises
manufacturer extension location shall include:
(1) Documentation of approval of the manufacturer
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(1) Documentation of approval of the manufacturer
extension by the Alcohol and Tobacco Tax and Trade Bureau;
(2) A lease, deed, or other document showing control of
the property by the licensed manufacturer; and
(3) A current license issued by the board.
(d) The application for an off-premises manufacturing
extension must be approved by the board before it is put into
use by the manufacturer licensee.
(e) An off-premises manufacturing extension is subject
to all of the following conditions:
(1) The extension may not be located outside of the
state.
(2) The extension may not be used for the exportation
of products nor for any form of distribution of products
within the state.
(3) The extension may not be located more than 10 miles
from the licensed manufacturer's premises.
(4) No sales, sampling, or tastings of any alcoholic
beverage shall be allowed at the extension.
(5) The extension premises shall be secured at all
times.
(f) Authorized representatives of the board or law
enforcement officers of the state, or the county or
municipality in which the manufacturer extension premises is
located, may enter and search, without a warrant, the
extension premises. The extension premises encompasses any
building owned or occupied by the licensee that adjoins, is
adjacent to, or is otherwise part of the curtilage of the
premises, including a building used as a private dwelling.
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premises, including a building used as a private dwelling.
(g) The licensed manufacturer shall maintain all
records related to the disposition of the finished or
unfinished goods stored in the off-premises extension, as
applicable.
(h) The finished and unfinished goods may be
transported in bond from the licensed manufacturer's original
premises to the extension location for storage. Transportation
shall be made by the licensee or an employee of the same in a
vehicle bearing signage on each side identifying the licensee.
Included in the transportation vehicle shall be a current copy
of the board's approval of the extension and the bill of
lading or other documentation of ownership of the product
being transported.
Section 3. A new Article 2, commencing with Section
28-4A-20; Article 3, commencing with Section 28-4A-40; and
Article 4, commencing with Section 28-4A-60, are added to
Chapter 4A of Title 28, Code of Alabama 1975, to read as
follows:
Article 2. Brewpubs.
§28-4A-20
(a) In addition to the licenses authorized to be issued
and renewed by the board pursuant to Chapter 3A, the board,
upon the applicant's compliance with this article, Chapter 3A,
and the rules adopted thereunder, and the conditions set forth
in subsection (b), may issue to a qualified applicant a
brewpub license that shall authorize the licensee to do all of
the following:
(1) Manufacture or brew beer, in a quantity not to
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(1) Manufacture or brew beer, in a quantity not to
exceed 10,000 barrels in any one year, and sell beer brewed on
the licensed premises in unpackaged form at retail for
on-premises consumption at the licensed premises only.
(2) Sell beer brewed on the licensed premises in
packaged form at retail for off-premises consumption, provided
the beer sold for off-premises consumption may not exceed 864
ounces per customer per day and shall be sealed, labeled,
packaged, and taxed in accordance with state, local, and
federal laws, rules, and regulations.
(3) Sell beer brewed on the premises in original,
unopened barrel or keg containers or in other original,
unopened containers to any licensed beer wholesaler designated
by a brewpub licensee pursuant to Sections 28-8-2 and 28-9-3
for resale to retail licensees.
(4) Donate and deliver up to 31 gallons of the
licensee's beer to a licensed charitable special event
operated by or on behalf of a nonprofit organization.
Donations shall be taxed in accordance with state, local, and
federal laws, rules, and regulations, and any beer remaining
at the conclusion of the charitable event shall be returned to
the brewpub for disposal.
(5) Purchase beer, including draft or keg beer, in
original, unopened containers from licensed wholesalers and
sell the beer at retail, for on-premises consumption only, in
a room or rooms or place on the licensed premises at all times
accessible to the use and accommodation of the general public.
(b) A brewpub is subject to all of the following
conditions:
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conditions:
(1) The proposed location of the premises, at the time
of the original application, shall not be prohibited by a
valid zoning ordinance or other ordinance in the valid
exercise of police power by the governing body of the
municipality or county in which the brewpub is located.
(2) Beer brewed by the brewpub licensee shall be
packaged or contained in barrels from which the beer is to be
dispensed only on the premises where brewed for consumption on
the premises, or sold in original, unopened barrel or keg
containers or in packaged form to any designated wholesaler
licensee for resale to retailer licensees.
(3) A brewpub must contain and operate a restaurant or
otherwise provide food for consumption on the premises.
(4) A brewpub may not sell any alcoholic beverages if
the brewpub is not actively and continuously engaged in the
manufacture or brewing of beer on the brewpub's licensed
premises.
(c) The annual license fee levied and prescribed for a
license as a brewpub issued or renewed by the board is one
thousand dollars ($1,000).
(d) A manufacturer that sells, on an annual basis, an
amount equal to no more than 60,000 barrels of beer, may have
a financial interest in a brewpub, including a brewpub that
also has a restaurant retail license, provided the
manufacturer may not transfer alcoholic beverages directly
from the manufacturer to the brewpub, but may purchase
alcoholic beverages from an authorized wholesaler or as
otherwise provided by law, and may not have a financial
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otherwise provided by law, and may not have a financial
interest in any retailer other than a brewpub.
(e) Sections 28-3-4 and 28-3A-6(b) shall not be
applicable with regard to beer brewed by either of the
following and sold and dispensed on the brewpub premises:
(1) The brewpub.
(2) A manufacturer described in, and in compliance
with, subsection (d).
(f) Nothing in this section shall be construed to alter
in any way the distribution of revenue from a tax levied
pursuant to a local law.
§28-4A-21
(a) In addition to the licenses provided for by this
chapter and any county or municipal license, there is levied
on the brewpub licensee for on-premises sales of beer brewed
by the brewpub licensee the privilege or excise taxes imposed
by Sections 28-3-184 and 28-3-190. Every brewpub licensee
shall file the tax returns, pay the taxes, and perform all
obligations imposed on wholesalers at the times and places set
forth therein. It shall be unlawful for any brewpub licensee
who is required to pay the taxes so imposed in the first
instance to fail or refuse to add to the sales price and
collect from the purchaser the required amount of tax, it
being the intent and purpose of this provision that each of
the taxes levied is in fact a tax on the consumer, with the
brewpub licensee who pays the tax in the first instance acting
merely as an agent of the state for the collection and payment
of the tax levied by Section 28-3-184 and as an agent of the
county or municipality for the collection and payment of the
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county or municipality for the collection and payment of the
tax levied by Section 28-3-190. Taxes on beer shall be levied
at the time the beer is allocated for the purpose of retail
sale and not at the time the beer is dispensed for
consumption.
(b) The brewpub shall keep and maintain all of the
records otherwise required to be kept and maintained by
manufacturer, wholesaler, and retailer licensees.
(c) The brewpub shall appoint a licensed wholesaler
designee in order to preserve Section 28-9-1. In addition, for
on-premises sales of beer brewed by the brewpub licensee, the
brewpub shall be exempt from Sections 28-9-3 through 28-9-11.
Article 3. Small Craft Distilleries.
§28-4A-40
(a) In addition to the licenses authorized to be issued
and renewed by the board pursuant to Chapter 3A, the board,
upon the applicant's compliance with this article, Chapter 3A,
and the rules adopted thereunder, and the conditions set forth
in subsection (b), may issue to a qualified applicant a small
craft distillery license which shall authorize the licensee to
do all of the following:
(1) Distill liquor, in a quantity not to exceed 50,000
gallons in any one year, and sell liquor distilled on the
licensed premises in unpackaged form at retail for on-premises
consumption at the licensed premises only.
(2) Sell liquor distilled on the licensed premises in
original, unopened containers at retail for off-premises
consumption, provided the liquor sold for off-premises
consumption may not exceed 4.5 liters per customer per day and
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consumption may not exceed 4.5 liters per customer per day and
shall be sealed, labeled, packaged, and taxed in accordance
with state, local, and federal laws, rules, and regulations.
(3) Sell liquor distilled on the premises in original,
unopened containers to the board or as authorized by the
board.
(4) Donate and deliver up to 4.5 liters of the
licensee's liquor to a licensed charitable special event
operated by or on behalf of a nonprofit organization.
Donations shall be taxed in accordance with state, local, and
federal laws, rules, and regulations. Any liquor remaining at
the conclusion of the charitable event shall be returned to
the small craft distillery for disposal.
(5) Purchase liquor in original, unopened containers
from the board or as authorized by the board and sell the
liquor at retail, for on-premises consumption only, in a room
or rooms or place on the licensed premises at all times
accessible to the use and accommodation of the general public
and limited to individuals 21 years of age and older.
(b) A small craft distillery is subject to all of the
following conditions:
(1) The proposed location of the premises, at the time
of the original application, shall not be prohibited by a
valid zoning ordinance or other ordinance in the valid
exercise of police power by the governing body of the
municipality or county in which the small craft distillery is
located.
(2) Liquor distilled by the licensee shall be packaged
and sold in any original or unopened containers as approved by
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and sold in any original or unopened containers as approved by
the board and in accordance with the standards of fill
requirements prescribed by the U.S. Department of the Treasury
or contained in barrels or kegs from which the liquor is to be
dispensed only on the premises where distilled for consumption
on the premises.
(3) A small craft distillery may not sell any liquor if
the small craft distillery is not actively and continuously
engaged in the distilling of liquor on the licensed premises.
(c) The annual license fee levied and prescribed for a
license as a small craft distillery issued or renewed by the
board is one thousand dollars ($1,000).
(d) Sections 28-3-4 and 28-3A-6(b) shall not be
applicable with regard to liquor distilled by the small craft
distillery and sold and dispensed on the licensed premises.
(e) Nothing in this section shall be construed to alter
in any way the distribution of revenue from a tax levied
pursuant to a local law.
§28-4A-41
(a)(1) In addition to the licenses provided for by this
chapter and any county or municipal license, there is levied
and assessed upon all liquor distilled on the premises of a
licensee which is dispensed or sold at retail for on-premises
or off-premises consumption the mark up in accordance with
Section 28-3-53.2(c) and added to the list or FOB price; and
the privilege or excise tax imposed on liquor by Sections
28-3-200 through 28-3-205. Taxes and mark up described in this
subsection shall be remitted by the licensee to the board. The
taxes collected shall be distributed in the same manner as the
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taxes collected shall be distributed in the same manner as the
taxes collected in a state liquor store.
(2) The tax levied in this subsection shall be
collected by a return which shall be filed by the licensee
with the board postmarked not later than the last day of the
month following the month of production or sale of liquor,
which shall be accompanied by the remittance of the tax due.
The report shall include, but not be limited to, a
consolidated report of all liquor distilled, sold, or
otherwise consumed on the licensed premises. The report shall
be in the form and containing information as the board may
prescribe.
(3) If a licensee fails to file any return required to
be filed with the board on or before the date prescribed in
subdivision (2), including any written extension of time
granted by the board in advance, there shall be assessed as a
penalty the greater of 10 percent of any additional tax
required to be paid with the return or fifty dollars ($50).
(4) If a licensee fails to pay to the board the amount
of the tax due on a return required to be filed on or before
the date prescribed for payment of the tax, including any
written extension of time granted by the board in advance,
there shall be added as a penalty 10 percent of the unpaid
amount due on the return.
(5) Interest shall be added to any tax due to the board
which is not paid by the due date, from the due date of the
tax, computed based on the underpayment rate established by
the Secretary of the Treasury under the authority of 26 U.S.C.
§ 6621.
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§ 6621.
(b) A small craft distillery shall be required to keep
and maintain all of the records otherwise required to be kept
and maintained by manufacturer, wholesaler, and retailer
licensees.
Article 4. Small Craft Wineries.
§28-4A-60
(a) In addition to the licenses authorized to be issued
and renewed by the board pursuant to Chapter 3A, the board,
upon the applicant's compliance with this article, Chapter 3A,
and the rules adopted thereunder, and the conditions set forth
in subsection (b), may issue to a qualified applicant a small
craft winery license which shall authorize the licensee to do
all of the following:
(1) Manufacture or produce table wine, in a quantity
not to exceed 50,000 gallons in any one year, and sell wine
manufactured on the licensed premises at retail for
on-premises consumption at the licensed premises only.
(2) Sell table wine manufactured on the licensed
premises in original, unopened containers at retail for
off-premises consumption, provided the wine sold for
off-premises consumption may not exceed twelve 750-milliliter
bottles per customer per day and shall be sealed, labeled,
packaged, and taxed in accordance with state, local, and
federal laws, rules, and regulations.
(3) Sell table wine manufactured on the premises in
original, unopened containers to any licensed wine wholesaler
designated by a small craft winery licensee pursuant to
Section 28-8A-4 for resale to retail licensees.
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Section 28-8A-4 for resale to retail licensees.
(4) Donate and deliver up to two cases of the
licensee's table wine to a licensed charitable special event
operated by or on behalf of a nonprofit organization.
Donations shall be taxed in accordance with state, local, and
federal laws, rules, and regulations. Any wine remaining at
the conclusion of the charitable event shall be returned to
the small craft winery for disposal.
(5) Purchase table wine in original, unopened
containers from licensed wine wholesalers and sell the wine at
retail for on-premises consumption only, in a room or rooms or
place on the licensed premises at all times accessible to the
use and accommodation of the general public.
(b) A small craft winery is subject to all of the
following conditions:
(1) The proposed location of the premises, at the time
of the original application, shall not be prohibited by a
valid zoning ordinance or other ordinance in the valid
exercise of police power by the governing body of the
municipality or county in which the small craft distillery is
located.
(2) Wine manufactured by the licensee shall be packaged
and sold in any original containers as approved by the board
and in accordance with the standards of fill requirements
prescribed by the U.S. Department of the Treasury or contained
in bottles to be dispensed only on the premises where
fermented for consumption on the premises.
(3) A small craft winery may not sell any table wine if
the small craft winery is not actively and continuously
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the small craft winery is not actively and continuously
engaged in the production of table wine on the licensed
premises.
(c) The annual license fee levied and prescribed for a
license as a small craft winery issued or renewed by the board
is one thousand dollars ($1,000).
(d) Sections 28-3-4 and 28-3A-6(b) shall not be
applicable with regard to wine manufactured by the small craft
winery and sold and dispensed on the licensed premises.
(e) Nothing in this section shall be construed to alter
in any way the distribution of revenue from a tax levied
pursuant to a local law.
§28-4A-61
(a) In addition to the licenses provided for by this
chapter and any county or municipal license, there is levied
on a small craft winery for on-premises and off-premises sales
of table wine manufactured by the licensee privilege and
excise tax pursuant to Section 28-7-16 due on the sale of
table wine to consumers. Every small craft winery licensee
shall file the tax returns, pay the taxes, and perform all
obligations imposed on wholesalers at the times and places set
forth therein. It shall be unlawful for any small craft winery
licensee who is required to pay the taxes so imposed in the
first instance to fail or refuse to add to the sales price and
collect from the purchaser the required amount of tax, it
being the intent and purpose of this provision that each of
the taxes levied is in fact a tax on the consumer, with the
small craft winery licensee who pays the tax in the first
instance acting merely as an agent of the state for the
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instance acting merely as an agent of the state for the
collection and payment of the tax.
(b) A small craft winery shall be required to keep and
maintain all of the records otherwise required to be kept and
maintained by manufacturer, wholesaler, and retailer
licensees.
(c) A small craft winery shall appoint a licensed
wholesaler designee pursuant to Section 28-8A-4 for any table
wine designated for resale to retail licensees.
Section 4. Section 28-3A-13.1, Code of Alabama 1975, is
amended to make conforming changes to read as follows:
"§28-3A-13.1
(a) Any entity licensed by the board for off-premises
consumption, restaurant licensee of the board, or valid and
responsible organization of good reputation that is registered
to do business in the state may apply for and be issued a
delivery service license. In order to receive a license, an
applicant shall do all of the following:
(1) File an application with the board.
(2) Pay a non refundable nonrefundable filing fee of
one hundred dollars ($100), and a license fee of two hundred
fifty dollars ($250).
(3) Provide to the board a sample contract that the
applicant intends to enter into with a retailer for the
delivery of beer, wine, and spirits, unless the applicant is
the retailer.
(4)a. Provide to the board both of the following:
1. An attestation that the applicant is 21 years of age
or older.
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or older.
2. A true, correct, and complete criminal court record
of all arrests and subsequent dispositions for the past three
years. If the applicant has been convicted of a felony or a
misdemeanor for a violation of Section 28-3A-25(a)(3), then
the board shall reject the application and shall not issue a
license.
b. This subdivision shall not apply to publicly traded
companies.
(5)a. For an applicant with four or more delivery
drivers, whether those drivers are employees or independent
contractors, provide proof of a general liability insurance
policy in an amount no less than five million dollars
($5,000,000) per occurrence.
b. For an applicant with three or fewer delivery
drivers, whether those delivery drivers are employees or
independent contractors, provide proof of a general liability
insurance policy in an amount no less than two million dollars
($2,000,000) per occurrence.
(6) Provide to the board an outline for an internal or
external training and certification program for delivery
personnel which addresses topics such as identifying underage
individuals, intoxicated individuals, and fake or altered
identification.
(b) A delivery service licensee may deliver, or
contract with any retailer in the state for the delivery of,
beer, wine, or spirits from a retail premises to an individual
in the state who is at least 21 years of age, for personal use
by that individual only, and not for resale, subject to all of
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by that individual only, and not for resale, subject to all of
the following:
(1) The individual placing the order must receive the
ordered alcoholic beverages on the same calendar day that the
alcoholic beverages are removed from the licensed retail
premises.
(2) Any delivery shall be made in vehicles that are
owned or leased by the delivery service licensee or an
employee or independent contractor of the licensee.
(3) Any beer, wine, or spirits shall be delivered in a
sealed unopened container.
(4) If the delivery service licensee is a restaurant,
then any beer, wine, or spirits delivered by the licensee must
be accompanied by a meal.
(5) If the delivery service licensee is a manufacturer
or brewpub with off-premises retail privileges under Sections
28-3A-6, 28-4A-3, 28-4A-20, 28-4A-40, 28-4A-60, or 28-7-18,
the manufacturer or brewpub may deliver, directly from the
manufacturer or brewpub to any individual in any single
24-hour period, an amount not to exceed the amount that the
manufacturer or brewpub is authorized to sell to each customer
each day under Sections 28-3A-6 or 28-4A-3.
(6)a.1. Beer, with the exception of draft beer, may be
delivered in any size container, provided that the total
amount delivered does not exceed the equivalent of 120
12-ounce containers of beer per customer in any single 24-hour
period.
2. Draft beer may be sold in accordance with board
rules in a total amount not to exceed 288 ounces per customer
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rules in a total amount not to exceed 288 ounces per customer
in any single 24-hour period, and may be delivered only where
delivery has been authorized by resolution or ordinance of the
local governing jurisdiction.
b. Wine may be sold in any size container, provided
that the total amount delivered does not exceed 9,000
milliliters or the equivalent of 12twelve 750-milliliter
bottles of wine per customer in any single 24-hour period.
c. Spirits may be sold in any size bottle by an
off-premises licensee ;, provided , the total amount delivered
does not exceed 9,000 milliliters per customer in any single
24-hour period.
d. Spirits may be sold in any size bottle by a
restaurant licensee ;, provided , the total amount delivered
does not exceed 375 milliliters per customer in any single
24-hour period.
(7) Any employee or independent contractor delivering
beer, wine, or spirits shall comply with all of the following:
a. Is at least 21 years of age.
b. Has a valid driver's driver license.
c. Has, within the last 24 months, undergone a criminal
history background check that includes driving records, and
the results of which comply with all of the following:
1. The individual has not been convicted within the
past seven years of driving under the influence.
2. The individual has not been convicted, at any time,
of a crime involving a sexual offense, fraud, property damage,
theft, an act of violence, or an act of terror.
3. The individual does not have a match on the National
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3. The individual does not have a match on the National
Sex Offender Registry.
d. Does not receive compensation based on whether an
attempted delivery of beer, wine, or spirits results in a
completed transaction.
e. Is trained and certified consistent with the
training program submitted to the board as required by
subdivision (a)(6), with documentation on file with the
delivery service licensee. Upon request, the licensee shall
provide this documentation to the board.
(8) A delivery service licensee may facilitate orders
for the sale and delivery of beer, wine, or spirits by
telephone, Internet, or by other electronic means ;, provided ,
all of the following occur :
a. The delivery service licensee shall obtain from the
customer a confirmation that he or she is at least 21 years of
age at the time the order is placed.
b. The delivery service licensee shall ensure all
payments have been processed for delivery prior to removing
the alcoholic beverages from the licensed premises.
c. If the delivery service licensee is a retail
licensee, any order for sale and delivery of beer, wine, or
spirits received at the licensee's primary place of business
or through a third party third-party licensee or facilitator
shall be construed as a sale made at the licensee's primary
place of business.
(9) Any delivery in a sealed package shall be stamped,
printed, or labeled in a manner approved by the board, and
that stamp, print, or label shall be prominently displayed on
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that stamp, print, or label shall be prominently displayed on
the outside of the sealed package to indicate in readily
apparent font or type that the package contains alcohol and
that the signature of an individual at least 21 years of age
is required for delivery.
(10) A delivery service licensee shall require each
recipient, at the time of delivery, to provide valid photo
identification that conforms to board rules and that verifies
that he or she is at least 21 years of age, and shall require
the recipient to sign for the delivery.
(11) A delivery service licensee shall possess
identification scanning software technology, or a
state-of-the-art alternative approved by the board, available
at the point of delivery that verifies the recipient is at
least 21 years of age and retains the recipient's name, date
of birth, and signature.
(12) A delivery service licensee shall provide each
employee or independent contractor making a delivery with
either a printed copy of the delivery service license or an
electronic copy indicating the delivery service license's
licensee's name and number, which shall be available for
inspection upon request from the board or any law enforcement
officer.
(13) A delivery service licensee shall return any beer,
wine, or spirits to the retailer if the recipient is under the
age of 21 years of age ; appears intoxicated; fails to provide
proof of identification; fails or refuses to sign for
delivery; fails to complete the identification scanning
software process or state-of-the-art alternative; declines to
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software process or state-of-the-art alternative; declines to
accept the delivery of beer, wine, or spirits; or any
circumstances in the delivery environment which indicate
illegal conduct, overconsumption, or an otherwise unsafe
environment for the consumption of alcohol. In no event shall
a delivery service licensee leave an alcoholic beverage
delivery unattended.
(14) A delivery service licensee may deliver drive
through a dry county or municipality to deliver , but may not
deliver or cause a delivery to be made to an individual
residing in a dry county or dry municipality. Every employee
or independent contractor conducting a delivery shall maintain
within the delivery vehicle evidence, electronic or otherwise,
that the intended recipient of any alcoholic beverages is not
located in a dry county or dry municipality.
(15) A delivery service licensee may deliver alcoholic
beverages only during hours when alcoholic beverages may be
sold under general or local law.
(16) A delivery service licensee may not deliver any
alcoholic beverage to any residence hall on the grounds of any
institution of higher learning, including any college,
university, community college, technical college, or junior
college.
(17) A delivery service licensee may not deliver
alcoholic beverages to a location more than 75 miles from the
licensed premise of the retail licensee where the delivery
originated.
(18) A delivery service licensee may not deliver any
alcoholic beverage to any licensee of the board.
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alcoholic beverage to any licensee of the board.
(19) A delivery service licensee shall report, at the
direction of the board, the total amount of beer, wine, or
spirits directly delivered to residents in the state during
the preceding calendar year.
(20) A delivery service licensee shall permit the board
or the Department of Revenue to perform an audit of the
licensee's records upon request.
(c) A delivery service licensee shall be deemed to have
consented to the jurisdiction of the board, any law
enforcement agency, and the Alabama courts concerning
enforcement of this section and any related laws or rules.
(d) A delivery service licensee shall be considered to
be a servant or agent of the retail licensee with whom the
delivery service licensee has contracts, and any violation by
the delivery service licensee, its employees, or its
independent contractors may also be deemed to be a violation
by the retail licensee.
(e) A technology services company shall not be required
to obtain a delivery service license if the company does not
employ or contract with the individual making the deliveries,
but merely provides software or a digital network application
that connects consumers and licensed retailers for the
delivery of alcoholic beverages from a licensed retailer.
(f) A delivery service licensee may renew its license
with the board by paying an annual renewal fee of two hundred
fifty dollars ($250) and by otherwise complying with the
renewal process set forth in Section 28-3A-5.
(g) The board may enforce the requirements of this
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(g) The board may enforce the requirements of this
section to suspend or revoke a delivery service license by the
same administrative proceedings that apply to alcoholic
beverage licenses, and the board may accept payment of a fine
in lieu of suspension or revocation. The payments shall be as
determined by rule of the board.
(h) Except as provided in this section, local
ordinances establishing different rules on delivery, delivery
service licensees, or requiring additional permits or fees,
are prohibited.
(i) The board may adopt rules pursuant to the Alabama
Administrative Procedure Act to implement this section.
(j) Any violation of this section is a Class B
misdemeanor upon a first conviction. A second or subsequent
conviction is a Class A misdemeanor."
Section 5. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 31-Mar-26, as amended.
John Treadwell
Clerk
Senate 07-Apr-26 Amended and Passed
House 07-Apr-26 Concurred in Senate
Amendment
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956
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961
962
963
964
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967
968
969
970
971
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974
975
976