This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.

Alabama’s Liquor Authority

Alabama’s Liquor Authority:

• The Alabama liquor authority is the Alcoholic Beverage Control Board or ABC.

• The phone number for Alabama‘s Alcoholic Beverage Control Board is (334) 271-3840.
• The website for Alabama‘s Alcoholic Beverage Control Board is www.abc.alabama.gov.
• The Alabama Legislature is the body responsible for enacting the state’s alcohol laws.
• All commissioned law enforcement officers have the authority to enforce all liquor laws.

Alabama’s ABC Board is primarily responsible for:

• Enforcing the state’s liquor laws.
• Operating a chain of state-run liquor stores.
• Governing all establishments licensed to serve and sell alcohol.

• Administration of the state run program called Responsible Vendor Program. 

It is unlawful to permit activities prohibited by the ABC Board or to hinder the ABC Board or its employees from their duties. Such actions are punishable by:

• Possible imprisonment for up to 90 days.
• A fine in the range of $100.00 to $200.00 per offense.

Alabama’s Liquor License

Under Alabama State Law:

• Licensees must uphold all the liquor laws for the state of Alabama.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• All licenses must be renewed annually before midnight on September 30^th.
• All licensees must display their license at their establishment in plain view in a public area.
• All licensees must always have one person in charge on the premises during normal operating hours. That person’s name must be displayed (using letters that are at least 1” tall) in a public area where any personnel from the ABC Board can see it.
• The licensee is responsible for the conduct of all employees.
• Beverage alcohol may not be purchased from or sold to a retail licensee if the alcohol is intended for resale.
• It is unlawful to allow or sponsor any drinking contests that would require the customers participating to consume any alcohol on the premises.
• It is unlawful to refuse an inspection during business hours by a duly commissioned law enforcement officer or an authorized employee of the ABC Board.

The penalty for refusing an inspection by a Duly Commissioned Law Enforcement Officer or an Authorized Employee of the ABC Board is a misdemeanor punishable by:

• Possible imprisonment.
• Hard labor for up to 6 months.
• A fine in the range of $100.00 to $1,000.00.

It is the responsibility of licensees to post the actual amount of liquor that is served in drinks.  Such notices must read as follows: “All drinks contain ____ ounces of liquor, unless special ordered.” Notices must be:

• Included on all menus for food and beverages.
• Displayed for public viewing on or behind the service area.
• Be at least 12” by 20” in size.

Licensees who hold a retail license and offer lodging may provide mini-bar service to those guests who are over 21 years old.  The mini-bar:

• Must be locked at all times either by combination or by key.
• May only be accessed by registered guests.
• May not contain any liquor that has been previously opened.
• May not be restocked or access granted to guests after 2 am on Sundays (unless exception is allowed under the alcohol license)
• Must be inventoried and locked up after the registered guest has checked out.
• Must be emptied of all alcohol if it is believed that the guest will allow minors to consume alcohol. (Any keys given out should be retrieved and any combinations canceled.)
• Must be made accessible to any agents of the ABC Board for inspection when not being used by a registered guest.

If a licensee provides entry mechanisms to their establishment for their customers, then they must also provide them for the ABC Board personnel for observation during normal business hours.  Failure to do so could result in disciplinary actions. Entry mechanisms could be:

• Membership Cards
• Code Numbers
• Card Keys
• Keys

Retail licensees may receive the following service and equipment from wholesale licensees who sell draft beer at no charge: (All other services and equipment must be paid for.)

• Cleaning of the draft beer lines.
• Knobs for the tap.
• Devices for the tapping of the keg.
• CO₂ bottle to the faucet.
• CO₂ and any beer lines that run from the keg.

It is required of retail licensees to provide a price list of all the alcoholic beverages that they offer. The list must:

• Have been prepared and paid for by the licensee.
• Be given to customers or be easily visible to customers.
• Identify each of the alcoholic beverages offered by their brand names without preferential treatment being given to any particular brand.

It is unlawful for a licensee to price drinks in any of the following ways:

• Charge a single price for multiple drinks.
• Charge a single price that requires the purchase of 2 or more drinks.
• Discount drinks after 9 pm.
• Discount drinks before 10am.
• Discount drinks for a certain group of people on a specific day.

A licensee may serve drinks in pitchers provided that:

• The pitchers of drinks are available during business hours at all times.
• The pitchers are not discounted after 9pm.
• The pitchers are not discounted before 10am.

Alabama’s Responsible Vendor Program

Alabama’s Responsible Vendor Program:

• Established in October 1990.
• Administered by the ABC.
• Participation by the licensee in this program is voluntary.
• Certification of the licensee in the program is required annually and is renewed with the ABC Beverage License.

Procedures for becoming certified under Alabama’s Responsible Vendor Program:

• Step 1: Train employees using a course approved by the ABC.
• Step 2: Submit a Report of Server, Seller or Manager Training per license.
• Step 3: Designate a custodian of records for the establishment.
• Step 4: Submit an Application for Certification per license.
• Step 5: Submit the $35.00 fee per license.

In order to maintain responsible vendor certification, the licensee must:

• Display all licenses in a location that is easily visible.
• Display signs stating the establishment’s policies on checking IDs. (Signs must be at least 8” by 13” in size and need to be displayed near all entrances, registers and wherever alcohol is displayed.)
• Maintain current and accurate records within the state of Alabama.
• Designate a custodian of records.
• Train all new hires or transferred employees within 30 days and submit a new Report of Server, Seller or Manager Training form to the office of the Responsible Vendor Program.
• Provide semiannual training meetings to update employees on policies and review procedures.
• Maintain documentation of these meetings. (Include the date of the meeting, name of the person leading the meeting, topics covered and names of all employees in attendance with their social security numbers.)

The Custodian of Records is responsible for maintaining the following information:

• Each employee’s name, date of birth and social security number.
• Each employee’s date of hire and date of first training.
• Name of the person who trained each employee.
• Name of the course provider used for training of employees.
• Test results for each employee.
• Any corrections made on an employee’s test, which must be initialed by the employee.
• Documentation of all semiannual training meetings.
• Company policy acknowledgement statements.

Responsibilities of licensees under Alabama’s Responsible Vendor Program include:

• Upholding all of the liquor laws enforced under the ABC.
• Maintaining policies and programs for the responsible and legal sale of alcohol.
• Providing all employees and managers who serve or sell alcohol with training on these policies.

Training of employees under Alabama’s Responsible Vendor Program must include:

• The alcohol laws of the state of Alabama.
• The criminal and civil penalties for breaking these laws.
• Procedures for determining if a customer is of the legal age to consume or purchase alcohol.
• Procedures for preventing illegal activities associated with the sale and service of alcohol.

 Compliance Specialists monitor licensees under Alabama’s Responsible Vendor program by:

• Conducting inspections of the establishment.
• Conducing inspections of the establishment’s records.
• Monitoring the trainings that the licensee provides to employees.
• Providing support and consultation for management if necessary.

Participation in Alabama’s Responsible Vendor Program may help to:

• Provide a positive image to the community.
• Assist employees and management with providing responsible service of alcohol.
• Reduce the risk of a possible dram shop lawsuit.
• Protect your establishment’s license should an employee that was trained under the Responsible Vendor Guidelines serve or sell alcohol to a minor without your knowledge or approval.
• Reduce any administrative fines that the ABC might levy against your license.
• Possibly lower the costs associated with liability insurance coverage.

Identification

Acceptable forms of identification in Alabama are:

• Passport
• State Drivers License (50 States)
• State ID Card (50 States)
• Military ID

Laws regarding identification in Alabama:

• A valid ID is one that has not expired.
• A minor may not use a false ID in an effort to buy, consume or obtain any form of alcohol.
• A minor could be charged with a Class A Misdemeanor if they possess or try to use a reproduction of an official ID card that was issued by the Alabama Department of Public Safety.
• It is unlawful to distribute, print or use a reproduction of an official ID card that was issued by the Alabama Department of Public Safety. This violation could result in a Class C Felony.
• It is unlawful to distribute, print or use a reproduction of the Great Seal of Alabama for commercial reasons. This violation could result in a Class C Felony.
• All fraudulent forms of identification should be reported to the Alabama Department of Safety. (Phone number is: 334-242-4240)

When checking IDs, always make sure to:

• Check both the back and the front of the ID.
• Request an additional form of identification if you believe the first one is suspect.

Do not accept an ID as being valid if it:

• Has expired.
• Contains any signs of tampering such as: bumps, tears, holes, glue marks.
• Typeset doesn’t match throughout the document especially with regard to any dates.
• Appears blurred.
•  Is missing the hologram overlay of the Great Seal and the word “Alabama.”

Alabama’s Laws Regarding Age

Alabama’s laws regarding age:

• A person must be at least 21 years old to consume alcohol.
• A person must be at least 21 years old to pour alcohol.
• A person who is 19 or 20 years old may serve alcohol in an establishment that has a retail restaurant license so long as that establishment is certified as a Responsible Vendor and the employee only serves during normal dining hours.
• A minor may sell packaged alcohol only under the supervision of an adult.
• A minor who works for a wholesale or off-premise retail establishment may legally handle, transport or sell beer or table wine only under the supervision of an adult.
• A minor may enter an alcohol establishment except those holding a lounge only license.
• A minor may not try to purchase, consume, possess or transport any alcoholic beverages.

The penalty for a minor committing any of the above violations is a misdemeanor punishable by:

• Possible imprisonment.
• Hard labor for up to 3 months.
• A fine in the range of $50.00 to $500.00.

The penalty for serving or selling alcohol to a minor is a misdemeanor punishable by:

• Possible imprisonment for up to 6 months.
• Hard labor for up to 6 months.
• A fine in the range of $100.00 to $1,000.00.
• Possible legal action by the parents of the minor.

Additional Information

While on duty, if an employee commits violations of Alabama’s liquor laws:

• The employee could face criminal liability.
• The licensee could face administrative penalties imposed by the ABC Board.

Alabama’s Dram Shop Laws:

• A person who becomes injured because of an intoxicated person has the right under Alabama’s dram shop laws to sue the individual or the establishment that served alcohol to the intoxicated person.
• Such injuries might be personal, property or a loss of income.
• If the injured person dies because of the injury, then the estate of the deceased person has the right to pursue damages.

Criminal conduct under Alabama’s Laws:

• Licensees can be held accountable for any criminal activities that occur at the establishment and the ABC Board can take disciplinary actions.
• Both the establishment and the employee(s) can be held legally responsible if they failed to try to prevent the criminal activity, aided in the criminal activity, or persuaded or caused the criminal activity.

Distribution of controlled substances is unlawful in Alabama and may result in a Class B Felony if a person is found doing any of the following:

• Selling the controlled substance.
• Delivering the controlled substance.
• Furnishing the controlled substance.
• Distributing the controlled substance.
• Giving away the controlled substance.
• Manufacturing the controlled substance.

Alabama’s laws regarding employee consumption:

• It is unlawful for any employee engaged in the service of customers to consume alcohol while on duty.

Selling or serving alcohol on Sundays after 2:00 am is a misdemeanor punishable by:

• Possible imprisonment for up to 3 months.
• Hard labor for up to 3 months.
• A fine in the range of $50.00 to $500.00.

It is illegal under Alabama State Law to:

• Alter the purity or characteristics of an alcoholic beverage from its original state at the time of manufacture.
• Contaminate an alcoholic beverage.
• Import, manufacture or transport alcohol into the state except if in compliance with the regulations of the ABC Board.
• Give away, sell or dispose of alcohol if the levied taxes have not been paid.

Violating the above laws is a misdemeanor punishable by:

• Possible imprisonment for up to 6 months.
• Hard labor for up to 6 months.
• A fine in the range of $100.00 to $1,000.00.

It is illegal under Alabama State Law to offer gifts in an effort to increase sales of alcohol. It is prohibited to offer gifts in exchange for:

• Stamps.
• Labels.
• Corks.
• Caps.
• Coupons obtained off of bottles or from packaging.

Beverage alcohol may only be served and sold:

• Inside a building.
• On patios adjacent to the establishment if the license authorizes such activity.
• Around swimming pools adjacent to the establishment if the license authorizes such activity.
• In an area that does not result in a public nuisance.
• In an area that is not in direct view of a school or church.

Requirements regarding the display and storage of beverage alcohol:

• All alcohol must be stored in the original container provided by the manufacturer. All other containers storing alcohol can be confiscated and the ABC Board can bring disciplinary action against the licensee.
• The licensee can only have one open bottle of each brand of alcohol per serving station at any given time. Automatic dispensers are exempt from this requirement. Premix dispensers are exempt from this requirement with written approval from the state or county health department.
• Containers used for storing beverage alcohol may not be refilled.
• Any empty alcohol containers must be destroyed as soon as possible so that they cannot be reused. The containers should be crushed, smashed or broken.
• All retail alcohol sold for off-premise consumption must remain unopened and be sold in the manufacturer’s original container.
• A licensee who holds a retail license may have alcoholic beverages on display so long as the alcohol is not easily visible from outside.

It is unlawful to supply, purchase, deliver and/or sell alcoholic beverages by the following means:

• Over the Internet.
• Forwarding of an order.
• Wire.
• Gift services by telephone or telegraph.

Additional Notes:

Wine and Beer Tasting –A tasting can only be offered by the following license holders: On-premises table wine/beer, Lounge retail liquor - Class I, Restaurant retail liquor, Club Liquor - Class I & II, Wholesale table wine/beer, Special events retail and Special retail. 

It is the responsibility of the licensee while conducting a tasting to:

• Confirm that all those participating are over 21 years of age.
• That the beer or wine is served from its original container with visible labels.
• That no more than 2 ounces is poured per serving.
• That the tasting does not last longer than 2 ½ hours.
• That the person offering the tasting is knowledgeable about the products being served.
• That with regard to beer only, the product has not been widely distributed or available in Alabama for more than one year prior to the tasting.

Gambling – Whether a player or a promoter, it is unlawful to knowingly profit from illegal gambling. If a licensee possesses a gambling device that is being used for illegal gambling then that licensee can be charged with possession and fined. They may also have their license revoked or suspended.

Indecent Behavior – Licensees may not permit bottomless dancing on their premises. Additionally, licensees may not allow anyone to perform or simulate the following activities: touching of the breasts, buttocks, anus or genitals; sexual intercourse, sodomy, bestiality, oral copulation, flagellation, masturbation or showing of the anus, pubic hair, vulva or genitals. It is unlawful for any of these activities to be displayed on the premises by film, pictures, inanimate objects, artificial devices or other media.

ADDENDUM:   ALABAMA DRAM SHOP LAW

Section 6-5-71

Right of action of wife, child, parent, or other person for injury in consequence of illegal sale or disposition of liquor or beverages.

(a) Every wife, child, parent, or other person who shall be injured in person, property, or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages.

(b) Upon the death of any party, the action or right of action will survive to or against his executor or administrator.

(c) The party injured, or his legal representative, may commence a joint or separate action against the person intoxicated or the person who furnished the liquor, and all such claims shall be by civil action in any court having jurisdiction thereof.

(Acts 1909, No. 191, p. 63; Code 1923, §§5674, 5675; Code 1940, T. 7, §§121, 122.)

Section 6-5-70

Furnishing liquor to minors.

Either parent of a minor, guardian, or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may assess, provided the person selling or furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge of such minority. Only one action may be commenced for each offense under this section.

(Code 1907, §2467; Code 1923, §5673; Code 1940, T. 7, §120.)