Alabama Alcohol Beverage Licensing and Compliance
This is the fourth post (Part IV in a seven-part series on alcohol beverage licensing and compliance in Alabama. Part I provides a brief history of the ABC Board and an overview of the regulatory framework in Alabama. Part II outlines issues you should consider before applying for an Alabama Beverage Control Board License. Part III outlines the ABC licensure process. Part IV summarizes key regulatory provisions applicable to on-premises licensees. Part V summarizes key regulatory provisions applicable to off-premises licensees. Part VI discusses ABC enforcement actions and ABC administrative hearings. Part VII provides an overview of ABC’s Responsible Vendor Training Program.
Part IV: Key On-Premises Regulatory Provisions
It is impossible to provide an exhaustive list of regulatory provisions for on-premises retail licensees in this short article. Please reach out to me, your local ABC Board licensing division office, and review Alabama Code § 2-1-1 et seq.; Alabama Alcoholic Beverage Control Board Administrative Code Chapter 20-x-1 et seq. for more information. However, the following are some of the key regulatory requirements for on-premises alcohol sales:
- Check the customer’s ID before providing alcohol.
- There are four acceptable forms of ID in Alabama: 1) a valid driver’s license from any US state, 2) a valid US military ID, 3) a valid passport, 4) a non-driver’s ID issued by any state.
- A customer must be 21 years old or older to obtain alcohol in Alabama—no exceptions.
- It is illegal to sell alcohol to a person who appears visibly intoxicated.
- It is illegal to sell alcohol to persons under the age of 21.
- It is illegal for bartenders or servers to consume alcohol while working.
- It is illegal to serve alcohol to a person who is of age if you suspect that person will provide alcohol to an underage person.
- Law enforcement officers may inspect your premises at any time, and you must cooperate with the inspection.
- Know your local laws on Sunday alcohol sales.
- Among other restrictions on Happy Hour, a licensee cannot serve multiple drinks for a single price, and drink specials must be for the general public (no lady’s half-off wine, or bikers’ only drink specials)
- You are not permitted to have multiple open bottles of the same liquor open at any one bar service area (well).
- Empty liquor bottles must be destroyed, or the label clearly marked through with a permanent marker.
- Customers are not permitted to bring their own alcohol onto the premises—even as a birthday gift and even if the alcohol is not consumed on the premises.
Up next, Part V: Key Off-Premises Regulatory Provisions.
Links:
Part I: History and Regulatory Framework
Part II: Initial Considerations Before Applying for ABC License
Part III: The Alabama Alcoholic Beverage Control Board Licensure Process
Jansen Voss is a partner with Christian & Small law firm. With offices in Birmingham and the Alabama Gulf Coast, Jansen represents bars, restaurants, hotels, breweries, distilleries, grocery stores, gas stations, convenience stores, and liquor stores throughout the state of Alabama. He assists businesses with the ABC licensure process and consults on alcohol regulatory matters. Jansen defends ABC licensees in administrative enforcement actions before the Alabama Alcoholic Beverage Control Board Hearing Commission. He is approved by the Alabama Beverage Control Board to provide Responsible Vendor training throughout the state of Alabama for both on-premises and off-premises licensees. Jansen also routinely defends alcohol licensees in Dram Shop civil lawsuits in state courts throughout the state of Alabama. Jansen’s clients include large chain restaurants, award-winning fine dining restaurants, large grocery store chains, and large gas station and convenience store chains. He also represents local breweries, distilleries, restaurants, grocery stores, gas stations, and convenience stores. Jansen can be reached at 205-250-6632 or at mjvoss@csattorneys.com
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.