State Codes and Statutes

Statutes > Alabama > Title28 > Chapter4A > 28-4A-3

Section 28-4A-3

Licensing of brewpubs to brew and sell beer on same premises for on-premises consumption only; annual license fee; applicability of Title 28 and Sections 28-3-4 and 28-3A-6(b).

(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, Title 28, the board, upon applicant's compliance with the provisions of this chapter and with Chapter 3A, Title 28, and the regulations made thereunder, is authorized to issue to a qualified applicant a brewpub license which shall authorize the licensee to manufacture or brew beer in a quantity not to exceed 10,000 barrels in any one year and to sell such beer in unpackaged form at retail for on-premises consumption only, and to purchase 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, subject to the following conditions:

(1) The brewpub premises must be located in an historic building or site as defined in Section 40-8-1, in a wet county or wet municipality, in which county beer was brewed for public consumption prior to the ratification of the Eighteenth Amendment to the U.S. Constitution in 1919.

(2) The proposed location of the premises shall not, at 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.

(3) Beer brewed by the brewpub licensee shall not be possessed, sold or dispensed except on the premises where brewed, and shall not be packaged or contained in other than barrels from which the beer is to be dispensed on the premises for consumption on the premises.

(4) The brewpub must contain and operate a restaurant with a seating capacity of not less than 80.

(b) The annual license fee levied and prescribed for a license as a brewpub issued or renewed by the board pursuant to the authority of this chapter is $1,000.

(c) Except as provided in this subsection, the provisions of Title 28 shall be applicable. The provisions of Section 28-3-4 and subsection (b) of Section 28-3A-6, shall not be applicable with regard to beer brewed by the brewpub and sold and dispensed on the brewpub premises. In all other respects, Section 28-3-4 and Section 28-3A-6(b) shall be applicable.

(Acts 1992, No. 92-535, p. 1078, §3.)

State Codes and Statutes

Statutes > Alabama > Title28 > Chapter4A > 28-4A-3

Section 28-4A-3

Licensing of brewpubs to brew and sell beer on same premises for on-premises consumption only; annual license fee; applicability of Title 28 and Sections 28-3-4 and 28-3A-6(b).

(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, Title 28, the board, upon applicant's compliance with the provisions of this chapter and with Chapter 3A, Title 28, and the regulations made thereunder, is authorized to issue to a qualified applicant a brewpub license which shall authorize the licensee to manufacture or brew beer in a quantity not to exceed 10,000 barrels in any one year and to sell such beer in unpackaged form at retail for on-premises consumption only, and to purchase 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, subject to the following conditions:

(1) The brewpub premises must be located in an historic building or site as defined in Section 40-8-1, in a wet county or wet municipality, in which county beer was brewed for public consumption prior to the ratification of the Eighteenth Amendment to the U.S. Constitution in 1919.

(2) The proposed location of the premises shall not, at 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.

(3) Beer brewed by the brewpub licensee shall not be possessed, sold or dispensed except on the premises where brewed, and shall not be packaged or contained in other than barrels from which the beer is to be dispensed on the premises for consumption on the premises.

(4) The brewpub must contain and operate a restaurant with a seating capacity of not less than 80.

(b) The annual license fee levied and prescribed for a license as a brewpub issued or renewed by the board pursuant to the authority of this chapter is $1,000.

(c) Except as provided in this subsection, the provisions of Title 28 shall be applicable. The provisions of Section 28-3-4 and subsection (b) of Section 28-3A-6, shall not be applicable with regard to beer brewed by the brewpub and sold and dispensed on the brewpub premises. In all other respects, Section 28-3-4 and Section 28-3A-6(b) shall be applicable.

(Acts 1992, No. 92-535, p. 1078, §3.)

State Codes and Statutes

State Codes and Statutes

Statutes > Alabama > Title28 > Chapter4A > 28-4A-3

Section 28-4A-3

Licensing of brewpubs to brew and sell beer on same premises for on-premises consumption only; annual license fee; applicability of Title 28 and Sections 28-3-4 and 28-3A-6(b).

(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, Title 28, the board, upon applicant's compliance with the provisions of this chapter and with Chapter 3A, Title 28, and the regulations made thereunder, is authorized to issue to a qualified applicant a brewpub license which shall authorize the licensee to manufacture or brew beer in a quantity not to exceed 10,000 barrels in any one year and to sell such beer in unpackaged form at retail for on-premises consumption only, and to purchase 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, subject to the following conditions:

(1) The brewpub premises must be located in an historic building or site as defined in Section 40-8-1, in a wet county or wet municipality, in which county beer was brewed for public consumption prior to the ratification of the Eighteenth Amendment to the U.S. Constitution in 1919.

(2) The proposed location of the premises shall not, at 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.

(3) Beer brewed by the brewpub licensee shall not be possessed, sold or dispensed except on the premises where brewed, and shall not be packaged or contained in other than barrels from which the beer is to be dispensed on the premises for consumption on the premises.

(4) The brewpub must contain and operate a restaurant with a seating capacity of not less than 80.

(b) The annual license fee levied and prescribed for a license as a brewpub issued or renewed by the board pursuant to the authority of this chapter is $1,000.

(c) Except as provided in this subsection, the provisions of Title 28 shall be applicable. The provisions of Section 28-3-4 and subsection (b) of Section 28-3A-6, shall not be applicable with regard to beer brewed by the brewpub and sold and dispensed on the brewpub premises. In all other respects, Section 28-3-4 and Section 28-3A-6(b) shall be applicable.

(Acts 1992, No. 92-535, p. 1078, §3.)