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SB287 ENROLLED
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SB287
SLUFZ85-2
By Senator Hatcher
RFD: Tourism
First Read: 10-Feb-26
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First Read: 10-Feb-26
Enrolled, An Act,
Relating to the Alcoholic Beverage Control Board; to
amend Section 28-3A-7, Code of Alabama 1975, to further
provide for the importation of alcoholic beverages by
recognizing that a person licensed by the board to import
alcoholic beverages may import alcoholic beverages
manufactured anywhere outside of the state; to alter the
administrative licensure year for importers; to amend Section
28-3-1, Code of Alabama 1975, to make conforming changes; to
amend Section 28-12-45, Code of Alabama 1975, added by Act
2025-385, 2025 Regular Session, to authorize persons permitted
as a specialty retailer of electronic nicotine delivery
systems to obtain a consumable hemp product retailer license;
and to delete duplicative language and make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 28-3A-7, Code of Alabama 1975, is
amended to read as follows:
"§28-3A-7
(a) Upon an applicant's compliance with the provisions
of this chapter and the regulations made rules thereunder, the
board shall issue to the applicant an importer license
whichthat shall authorize authorizes the licensee to import
into this state alcoholic beverages that are manufactured
outside the United States of America into of this state or for
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outside the United States of America into of this state or for
sale or distribution within this state of liquor and wine
alcoholic beverages to the board or the state, and table wine
and beer to wholesaler licensees of the board wholesalers . No
person shall import alcoholic beverages manufactured outside
the United States of this state into this state or for sale or
distribution within this state or to the state, the board or
any licensee of the board, unless suchthe person shall be is
granted an importer license issued by the board.
(b) An importer A licensee shall not sell any alcoholic
beverages for consumption on the premises where sold to a
consumer ; nor, unless also issued a wholesale license, sell or
deliver to any retailer; nor deliver any such alcoholic
beverages in other than original containers approved as to
capacity by the board , and in accordance with standards of
fill prescribed by the U.S. Treasury Department; nor maintain
or operate within the state any place or places location , other
than the place or places location covered by his or its
importer the license, where alcoholic beverages are sold or
where orders are taken distributed .
(c) Each importer licensee shall be required to file
with the board, prior to making any salessale in Alabama the
state, a list of its labels to be sold in Alabama and shall
file with the board its federal certificate of label approvals
or its certificates of exemption as required by the U.S.
Treasury Department. All liquors and wines whose labels have
not been registered as herein provided for shall be considered
contraband and may be seized by the board or its agents, or
any peace officers law enforcement officer of the State of
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any peace officers law enforcement officer of the State of
Alabama, without a warrant , and said goods the contraband shall
be delivered to the board and disposed of as provided by law.
(d) All such importer licensees shall be required to
mail to the board prior to the twentieth day of each month a
consolidated report of all shipments of beer and table wine
made to each wholesaler during the preceding month and of all
shipments of alcoholic beverages received during the preceding
month. Such reports Reports shall be in suchthe form and
containing such contain the information asprescribed by the
board may prescribe .
(e) The books and records of sucha licensee shall , at
all times , be open to inspection by members of the board , or
by persons duly individuals authorized and designated by the
board. Members of the board and its duly authorized agents
shall have the right, without hindrance, to enter any place
whichlocation that is subject to inspection licensed
hereunder pursuant to this section , or any placelocation where
suchthe records are kept , for the purpose of making such
inspections and making transcripts thereof inspection .
(f) Licenses issued under this section shall, unless
revoked or suspended in the manner provided in this chapter,
be valid for the license year commencing January October 1 of
each year ."
Section 2. Section 28-3-1, Code of Alabama 1975, is
amended to read as follows:
"§28-3-1
As used in this title, the following words shall have
the following meanings unless the context clearly indicates
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the following meanings unless the context clearly indicates
otherwise:
(1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous,
vinous, fermented, or other alcoholic beverage, or combination
of liquors and mixed liquor, a part of which is spirituous,
vinous, fermented, or otherwise alcoholic, and all drinks or
drinkable liquids, preparations , or mixtures intended for
beverage purposes, which contain one-half of one percent or
more of alcohol by volume, and shall include liquor, beer, and
wine.
(2) ASSOCIATION. A partnership, limited partnership, or
any form of unincorporated enterprise owned by two or more
persons.
(3) BEER , or MALT OR BREWED BEVERAGES. Any beer, lager
beer, ale, porter, malt or brewed beverage, or similar
fermented beverage containing one-half of one percent or more
of alcohol by volume and not in excess of thirteen and
nine-tenths 13.9 percent alcohol by volume, brewed or produced
from malt, wholly or in part, or from rice, grain of any kind,
bran, glucose, sugar, or molasses. A beer or malt or brewed
beverage may incorporate honey, fruit, fruit juice, fruit
concentrate, herbs, spices, or other flavorings during the
fermentation process. The term does not include any product
defined as liquor, table wine, or wine.
(4) BOARD. The Alcoholic Beverage Control Board.
(5) BRANDY. All beverages that are an alcoholic
distillate from the fermented juice, mash, or wine of fruit,
or from the residue thereof, produced in such manner that the
distillate possesses the taste, aroma, and characteristics
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distillate possesses the taste, aroma, and characteristics
generally attributed to the beverage, as bottled at not less
than 80 degree proof.
(6) CARTON. The package or container or containers in
which alcoholic beverages are originally packaged for shipment
to market by the manufacturer or its designated
representatives or the importer.
(7) CIDER. A fermented alcoholic beverage made from
apple juice and containing not more than 8.5 percent alcohol
by volume.
(8) CLUB.
a. Class I. A corporation or association organized or
formed in good faith by authority of law and which must have
at least 150 paid-up members. It must be the owner, lessee, or
occupant of an establishment operated solely for the objects
of a national, social, patriotic, political, or athletic
nature or the like, but not for pecuniary gain, and the
property as well as the advantages of which, belong to all the
members and which maintains an establishment provided with
special space and accommodations where, in consideration of
payment, food with or without lodging is habitually served.
The club shall hold regular meetings, continue its business
through officers regularly elected, admit members by written
application, investigation, and ballot, and charge and collect
dues from elected members.
b. Class II. A corporation or association organized or
formed in good faith by authority of law and which must have
at least 100 paid-up members. It must be the owner, lessee, or
occupant of an establishment operated solely for the objects
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occupant of an establishment operated solely for the objects
of a national, social, patriotic, political, or athletic
nature or the like. The club shall hold regular meetings,
continue its business through officers regularly elected,
admit members by written application, investigation, and
ballot, and charge and collect dues from elected members.
(9) CONTAINER. The single bottle, can, keg, bag, or
other receptacle, not a carton, in which alcoholic beverages
are originally packaged for the market by the manufacturer or
importer and from which the alcoholic beverage is consumed by
or dispensed to the public.
(10) CORPORATION. A corporation or joint stock
association organized under the laws of this state, the United
States, or any other state, territory or foreign country, or
dependency.
(11) DELIVERY. The transportation of alcoholic
beverages directly from a retail licensee of the board to an
individual, pursuant to Section 28-1-4 and Section 28-3A-13.1.
(12) DELIVERY SERVICE LICENSE. A license issued by the
Alabama Alcoholic Beverage Control Board in accordance with
Section 28-3A-13.1 that authorizes the licensee, the
licensee's employees, or independent contractors under a
contractual or business arrangement with the licensee to
transport and deliver alcoholic beverages.
(13) DRY COUNTY. Any county which by a majority of
those voting voted in the negative in an election heretofore
held under the applicable statutes at the time of the election
or may hereafter vote in the negative in an election or
special method referendum hereafter held in accordance with
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special method referendum hereafter held in accordance with
Chapter 2 , or held in accordance with the provisions of any
act hereafter enacted permitting such election.
(14) DRY MUNICIPALITY. Any municipality within a wet
county which has, by its governing body or by a majority of
those voting in a municipal election heretofore held in
accordance with the provisions of Section 28-2-22, or in a
municipal option election heretofore or hereafter held in
accordance with the provisions of Act 84-408, Acts of Alabama
1984, appearing as Chapter 2A , or any act hereafter enacted
permitting municipal option election, voted to exclude the
sale of alcoholic beverages within the corporate limits of the
municipality.
(15) EMPLOYEE. An individual to whom an employer is
required to issue a W-2 tax form under federal law.
(16) GENERAL WELFARE PURPOSES. All of the following:
a. The administration of public assistance as set out
in Sections 38-2-5 and 38-4-1.
b. Services, including supplementation and
supplementary services under the federal Social Security Act,
to or on behalf of persons to whom public assistance may be
given under Sections 38-2-5 and 38-4-1.
c. Service to and on behalf of dependent, neglected, or
delinquent children.
d. Investigative and referral services to and on behalf
of needy persons.
(17) HEARING COMMISSION. A body appointed by the board
to hear and decide all contested license applications and all
disciplinary charges against any licensee for violation of
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disciplinary charges against any licensee for violation of
this title or the rules of the board.
(18) HOTEL. A building or buildings held out to the
public for housing accommodations of travelers or transients ,.
The term includes a and shall include motel , but shall not
include excludes a rooming house or boarding house.
(19) IMPORTER. Any person , association, or corporation
engaged in importing into this state alcoholic beverages ,
liquor, wine, or beer, that are manufactured outside of the
United States of America into this state or for sale or
distribution in this state, or to the board or to a licensee
of the board .
(20) INDEPENDENT CONTRACTOR. An individual to whom an
employer is required to issue a 1099 tax form under federal
law.
(21) KEG. A pressurized factory sealed container with a
capacity equal to or greater than five U.S. gallons , from
which beer is withdrawn by means of an external tap.
(22) LIQUOR. Any alcoholic, spirituous, vinous,
fermented, or other alcoholic beverage, or combination of
liquors and mixed liquor, a part of which is spirituous,
fermented, vinous, or otherwise alcoholic, and all drinks or
drinkable liquids, preparations, or mixtures intended for
beverage purposes, which contain one-half of one percent or
more of alcohol by volume, except beer and table wine.
(23) LIQUOR STORE. A liquor store operated by the
board, where alcoholic beverages other than beer are
authorized to be sold in unopened containers.
(24) MANUFACTURER. Any person, association, or
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(24) MANUFACTURER. Any person, association, or
corporation engaged in the producing, bottling, manufacturing,
distilling, fermenting, brewing, rectifying, or compounding of
alcoholic beverages, liquor, beer, or wine in this state or
for sale or distribution in this state or to the board or to a
licensee of the board.
(25) MEAD. An alcoholic beverage produced by fermenting
a solution of honey and water with grain mash and containing
not more than 18 percent alcohol by volume.
(26) MEAL. A diversified selection of food some of
which is not susceptible of being consumed in the absence of
at least some articles of tableware and which cannot be
conveniently consumed while one is standing or walking about.
(27) MINOR. Any person individual under 21 years of age ;
provided, however, in . In the event Section 28-1-5 , shall be is
repealed or otherwise shall be no longer in effect, thereafter
the provisions of Section 26-1-1 , shall govern.
(28) MUNICIPALITY. Any incorporated city or town of
this state to include its police jurisdiction.
(29) PERSON. Every natural person, association, or
corporation. Whenever used in a clause prescribing or imposing
a fine or imprisonment, or both, suchthe term as applied to an
association shall mean the partners or members thereof and as
applied to a corporation shall mean the officers thereof,
except as to incorporated clubs the term person shall mean
such means an individual or individuals who, under the bylaws
of such clubs, shall have jurisdiction over the possession and
sale of liquor therein.
(30) POPULATION. The population according to the last
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(30) POPULATION. The population according to the last
preceding or any subsequent decennial census of the United
States, except where a municipality is incorporated subsequent
to the last census, in which event, its population until the
next decennial census shall be the population of the
municipality as determined by the judge of probate of the
county as the official population on the date of its
incorporation.
(31) RESTAURANT. A reputable place licensed as a
restaurant, operated by a responsible person of good
reputation , and habitually and principally used for the
purpose of preparing and serving meals for the public to
consume on the premises.
(32) RETAILER. Any person licensed by the board to
engage in the retail sale of any alcoholic beverages to the
consumer.
(33) SALE or SELL. Any transfer of liquor, wine , or
beer for a consideration, and any gift in connection with, or
as a part of, a transfer of property other than liquor, wine,
or beer for a consideration.
(34) SELLING PRICE. The total marked-up price of
spirituous or vinous liquors sold by the board, exclusive of
taxes levied thereon.
(35) TABLE WINE. Except as otherwise provided in this
subdivision, any wine containing not more than 24 percent
alcohol by volume. Table wine does not include any wine
containing more than sixteen and one-half 16.5 percent alcohol
by volume that is made with herbs or flavors, except vermouth,
or is an imitation or other than standard wine. Table wine is
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or is an imitation or other than standard wine. Table wine is
not liquor, spirituous, or vinous.
(36) UNOPENED CONTAINER. A container containing
alcoholic beverages , which has not been opened or unsealed
subsequent to filling and sealing by the manufacturer or
importer.
(37) WET COUNTY. Any county which by a majority of
those voting voted in the affirmative in an election
heretofore held in accordance with the statutes applicable at
the time of the election or may hereafter vote in the
affirmative in an election or special method referendum held
in accordance with Chapter 2 , or other statutes applicable at
the time of the election.
(38) WET MUNICIPALITY. Any municipality in a dry county
which by a majority of those voting voted in the affirmative
in a municipal option election heretofore or hereafter held in
accordance with the provisions of Act 84-408, Acts of Alabama
1984, appearing as Chapter 2A of this title, as amended, or
any act hereafter enacted permitting municipal option
election, or any municipality which became wet by vote of the
governing body or by the voters of the municipality heretofore
or hereafter held under the special method referendum
provisions of Section 28-2-22, or as hereafter provided, where
the county has become dry subsequent to the elected wet status
of the municipality.
(39) WHOLESALER. Any person licensed by the board to
engage in the sale and distribution of table wine and beer, or
either of them, within this state, at wholesale only, to be
sold by export or to retail licensees or other wholesale
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sold by export or to retail licensees or other wholesale
licensees or others within this state lawfully authorized to
sell table wine and beer, or either of them, for the purpose
of resale only.
(40) WINE. All beverages made from the fermentation of
fruits, berries, or grapes, with or without added spirits, and
produced in accordance with the laws and regulations of the
United States, containing not more than 24 percent alcohol by
volume, and shall include all sparkling wines, carbonated
wines, special natural wines, rectified wines, vermouths,
vinous beverages, vinous liquors, and like products, including
restored or unrestored pure condensed juice."
Section 3. Section 28-12-45, Code of Alabama 1975,
added by Act 2025-385 of the 2025 Regular Session, is amended
to read as follows:
"§28-12-45
(a) Other than pharmacies selling topical or sublingual
consumable hemp products pursuant to subsection (b) and retail
food stores selling beverage consumable hemp products pursuant
to subsection (c), all retailer establishments must be
restricted so that only those individuals 21 years of age or
older are permitted to enter and the establishment has its own
dedicated public entrance. Except as provided in subsection
(b) and (c), the board shall only issue retailer licenses to
persons:
(1) That have a valid retail liquor license from the
board which authorizes off-premises consumption only;
(2) That have a valid permit from the board to operate
as a specialty retailer of electronic nicotine delivery
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as a specialty retailer of electronic nicotine delivery
systems pursuant to Section 28-11-7.1; or
(2)(3) That only sell consumable hemp products.
(b) Topical and sublingual consumable hemp products may
be sold in a pharmacy licensed by the Alabama State Board of
Pharmacy, provided the pharmacy obtains a consumable hemp
product retailer license from the Alcoholic Beverage Control
Board and complies with this chapter and rules of the board.
Any topical consumable hemp product sold in a pharmacy must be
sold by a licensed pharmacist or by a pharmacy technician or
employee who is under the direct supervision and control of a
licensed pharmacist. This subsection does not prohibit a
retailer described in subsection (a) from selling topical or
sublingual consumable hemp products in that retailer's
licensed premises.
(c)(1) Consumable hemp products that are beverages may
be sold in a retail food store, provided the retail food store
obtains a consumable hemp product retailer license from the
board and complies with this chapter and rules of the board.
Consumable hemp product beverages sold in a retail food store
must be kept in an area that is: (i) separated from
nonalcoholic beverages or beverages intended for children;
(ii) behind glass; and (iii) demarcated by a sign indicating
that the beverages contain hemp-derived compounds. This
subsection does not prohibit a retailer described in
subsection (a) from selling consumable hemp product beverages
in that retailer's licensed premises.
(2) For purposes of this subsection, "retail food
store" means any store commonly known as a supermarket, food
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store" means any store commonly known as a supermarket, food
store, or grocery store, primarily engaged in the retail sale
of a variety of canned goods, frozen foods, nonalcoholic
beverages, dry goods, either packaged or in bulk, and fresh
produce or meats, and the store dedicates: (i) a minimum of 75
percent of the store's selling area to the sale of food items
listed in this subdivision; and (ii) at least 14,000 square
feet of the store's footprint to the sale of food items listed
in this subdivision.
(d)(1) A retailer described in subsection (a) shall
maintain at its licensed premises a minimum of 500 square feet
of sales and service area. A retailer may not include in the
calculation of sales and service area any areas that are not
open to customers or not used for sales or displaying
consumable hemp products, such as office space or storage.
(2) A retailer must have an employee present in the
sales and service area of the licensed premises at all times
the premises is open to customers.
(3) The purchase of all consumable hemp products must
take place in the licensed premises.
(e) A retailer shall display the retailer license in
the licensed premises in a conspicuous manner."
Section 4. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB287
Senate 17-Mar-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 08-Apr-26
Senate concurred in House amendment 08-Apr-26
By: Senator Hatcher
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