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Section 5. All laws or parts of laws which conflict with this act are hereby repealed.
Section 6. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.
Approved August 18, 1976.
Act No. 491
H. 878 Folmar
AN ACT Further regulating the liquor traffic in Pike County; authorizing the Alabama Alcoholic Beverage Control Board to permit the handling and sale in Pike County of “table wines," as herein defined and distinguished from “fortified wines,” in manner similar to the procedure by which beer, malt or brewed beverages are now sold, levying a county tax on half-pints and miniatures of spirituous liquors and on table wines, the proceeds thereof to be used for capital outlay and maintenance purposes for schools in Pike County; and providing that this act shall be inoperative unless approved by a majority of the qualified electors of Pike County who vote thereon at a referendum. Be It Enacted by the Legisluture of Alabama:
Section 1. The provisions of this act shall apply only in Pike County.
Section 2. Definitions.—The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section.
(a) "Board" means the Alabama Alcoholic Beverage Control Board.
(b) “Malt” or “brewed beverages," means any beer, lager beer, ale, porter, or similar fermented malt liquor containing one-half of one percentum or more of alcohol by volume, by whatever name the same may be called.
(c) “Wine," vinous beverages," or vinous liquors" means all beverages made from the fermentation of fresh berries, grapes or other fruits, with or without added brandy, and produced in accordance with laws and regulations of the United States, containing not more than twenty-four percent alcohol by volume and includes all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouth and like products, including restored or unrestored pure condensed juice.
(d) “Manufacturer" means any person, association or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying or compounding of liquor, alcohol and malt or brewed beverages or vinous beverages.
(e) “Municipality" means any incorporated city or town of this state, and its police jurisdiction.
(f) "Person" means every natural person, association, or corporation, whenever used in a clause prescribing or imposing a fine or imprisonment, or both, the term “person" as applied to “association” means the partners or members thereof and as applied to “corporations” means the officers thereof, except as to incorporated clubs the term "person" means such individual or individuals who, under the bi-laws of such clubs, shall have jurisdiction over the possession and sale of liquor therein.
(g) "Beer wholesaler, distributor or jobber," means and includes any person licensed by the board to engage in the sale and distribution within this state, at wholesale only, of malt or brewed beverages of an alcoholic content not in excess of four percent by weight and five percent by volume, to be sold only to licensed dealers as defined in this act.
(h) “Wine wholesaler, distributor or jobber," means and includes any person licensed by the board to engage in the sale and distribution of table wines (of alcoholic content fourteen percent or less) within Pike County at wholesale only, to be sold for export or to licensees within this state authorized by their licenses to sell wine.
(i) “Wine retailer,” means and includes persons licensed by the board to engage in the retail sale of table wines to be consumed off the premises, and who do not possess a state liquor license.
(j) “Table wine" means any wine containing not more than fourteen percent alcohol by volume. "Fortified wine" means any wine containing more than fourteen percent alcohol but not more than twenty-four percent alcohol by volume.
Section 3. Retail wine license. The board shall have authority to issue a retail wine license for any retail outlet in Pike County, kept or operated by a wine retailer for the retail sale in Pike County of table wines for off-premises consumption.
Section 4. Application.—Every applicant for a license to sell wine in Pike County at retail shall file a written application with the board, in such form as the board may prescribe. Such application shall be accompanied by a license fee of one hundred dollars and a filing fee of ten dollars together with the amount or amounts of the prescribed license fee or fees, if any, levied by Pike County.
Section 5. Issuance.—Upon receipt of the application and the proper fees, and upon being satisfied of the truth of the statements in the application and that the applicant is a person of good repute, the board shall grant and issue to the applicant a retail wine license entitling the applicant to purchase table wines from a licensed wine wholesaler and to resell the same at retail in Pike County, but only for off-premises consumption.
Section 6. Wine wholesaler's license.—The board shall issue a wine wholesaler's license to any reputable person who applies for such license to do business in Pike County and pays therefor the license fee hereinafter prescribed. Such a wine wholesaler's license will authorize the licensee to import and receive shipments of table wines from licensed manufacturers outside the state, to purchase table wines from licensed manufacturers or bottlers of wine within the state, and to sell table wine to licensed wine retailers in Pike County. The application for a wholesale wine license shall be in such form as the board may prescribe and shall be accompanied by a license fee of five hundred dollars and a ten dollars filing fee, together with the amount or amounts of the prescribed license fee or fees, if any, levied by Pike County. In addition, the applicant shall file with his original application a bond in the penal sum of not less than one thousand dollars nor more than ten thousand dollars, conditioned upon the payment of the taxes to be collected by the wine wholesaler and remitted to the board.
Licensed beer wholesalers in Pike County may become licensed wine wholesalers in such county upon filing application with the board and paying the filing fee, the appropriate license fee or fees, and the bond herein required.
Section 7. Manufacturer's license.—Every manufacturer, distiller, winery, supplier, producer or bottler desiring to sell table wine to wholesale table wine distributors in Pike County shall register with the board prior to making any such sales, and shall pay to the board a filing fee of two hundred and fifty dollars. Each such manufacturer, distiller, winery, supplier, producer or bottler shall also file with the board prior to making any sales in Pike County a list of its labels to be sold in such county and shall file with the board their Federal Certificate of label approvals or its cerrtificate for the exemption as required by the U. S. Treasury Department. All table wines whose labels have not been registered as herein required, if found in the possession of a retail wine dealer in Pike County shall be considered contraband and may be seized by the board, or its agent, or any peace officer of the State of Alabama without a warrant and said goods shall be delivered to the board and disposed of as provided by law.
All such manufacturers, distillers, wineries, suppliers, producers or bottlers shall prior to the tenth day of each month file a consolidated report of all shipments of table wine made by it during the preceding month to a wine wholesaler doing business in Pike County. Such reports shall be certified as true and correct and shall be a complete listing of all items shipped during such month to a wine wholesaler doing business in Pike County, and shall be accompanied by a copy of the invoice for each separate shipment setting out the quantity purchased, the unit price at which the wine was purchased, the size of the containers, the type and brand label of the wine, the point of delivery and such other information as the board may prescribe.
Section 8. License renewal.-The wine retail, wine wholesale and manufacturer's license herein provided for must be renewed annually and shall be reissued upon payment to the board of the appropriate license fee or fees unless the board has good cause for not reissuing the license. Approval of the local governing body is not necessary for the renewal of existing license. All license fees paid other than those levied by or for Pike County or a municipality therein shall be retained by the board as part of its net profit for operation and shall be distributed as such. Section 9. Suspension or Suspension or revocation of
revocation of licenses. The board shall have full and final authority as to the suspension and revocation of any license issued hereunder. In addition thereto the board shall have the authority, in the case of a wine retailer to invoke a penalty of not less than two hundred and fifty dollars nor more than five hundred dollars for one or more of the following violations of this act:
(a) selling wine other than during the legal hours of sale;
(b) selling wine to a minor.
Section 10. Unlawful acts. In addition to the unlawful acts set forth in Section 36 of Chapter 1, Title 29, Code of Alabama 1940, it shall be unlawful for table wines to be sold except between the hours of 9:00 AM and 9:00 PM, Monday through Saturday. No table wines shall be sold on any Sunday, primary election day, general election day or municipal election day. Table wine may not be displayed by a wine retailer other than during the legal hours of sale and if a wine retailer's establishment is open for business other than during the legal hours of sale, his wine display must be under lock and key and hidden from public view by whatever means are necessary.
Section 11. Advertising.-In Pike County table wines may be advertised in the same manner and through the same media that beer may be advertised.
Section 12. Tax on table wine and on half-pints and miniatures of spirituous liquors.-(a) In Pike County the state tax on table wine shall be the same as levied by Act No. 99, H. 237 of the Regular Session of 1943 (General Acts of Alabama, 1943, p. 104), Act No. 78, H. 58 of the Second Special Session of 1955 (Acts of 1955, p. 199) as amended, Act No. 312, H. 760 of the Regular Session of 1959 (Acts of 1959, p. 889) as amended, and Act No. 550, H. 281 of the Regular Session of 1969, p. 1033) and in addition thereto there is hereby levied a tax of ten cents per bottle when wine is sold in bottles containing not more than one quart and when sold in bottles containing more than one quart the tax shall be ten cents for the first quart and ten cents for each additional quart or fraction thereof. If wine is packaged in bottles or other containers, the contents of which are indicated in gallons or fractions thereof or in liters then the tax shall be ten cents for one-fifth of a gallon or fraction thereof or ten cents per liter or fraction thereof. The state tax shall be computed as follows: The wine wholesaler shall add to his invoice price to the wine retailer the thirty-five percent state tax as provided by law and shall collect said tax from the wine retailer who in turn, shall pass the tax on to the purchaser, it being the purpose and intent of this provision that the tax levied is in fact a levy on the consumer. It shall be unlawful for any wine wholesaler who is required to pay the tax in the first instance to fail or refuse to add to the sale price and collect from the wine retailer the required amount of tax.
(b) The state tax on table wine shall be collected by the wine wholesaler and remitted monthly to the board. The remittance shall be accompanied by a return which shall be filed by the wine wholesaler, on a form prescribed by the board and shall show all sales for the preceding month and the state tax due thereon. All such taxes shall be paid to the board. Such state tax paid to the board shall be considered as a part of the net profits from the operation of the board and shall be distributed by the board as prescribed by law.
(c) The wine wholesaler or distributor who pays the state tax in the first instance is acting as an agent of the state for the collection and payment of the tax and as such may not be required to collect the tax for any other level of government; but nothing herein shall be construed to mean that other taxes or license fees cannot be levied by or for the benefit of counties and municipalities in Pike County.
(d) The board shall have the authority to examine the