HB 304 — Relating to alcoholic beverage sales; to amend Section 28-3A-17.2, Code of Alabama 1975; to further provide for alcoholic beverage sales by food and beverage trucks within established entertainment districts by extending the license to municipalities in all classes.
Last action — Enacted as 2023-523
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced April 13, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
1 sponsor
1 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (1 D).
-
Cleared a recorded vote
Passed 9 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Alcoholic Beverages, provide that Food & Beverage Trucks can sell in all municipalities
Bill Text
What changed in the latest version
119 added · 105 removedPlain-language change summary
The recent amendment to Bill HB 304 expands the ability for food and beverage trucks to sell alcoholic beverages by allowing municipalities of all classes, not just Class 1 municipalities, to issue licenses for these sales. This change is significant because it enables more local governments across Alabama to support and regulate the sale of alcoholic beverages from food trucks, potentially enhancing local economies and entertainment options.
HB304 ENGROSSEDENROLLED 2YF2KK-22YF2KK-3 By Representatives Rafferty, Hollis, Whitt, Brown RFD:
CountyConference andCommittee Municipalon GovernmentHB304 First Read:
13-Apr-23 2023 Regular Session Page 0 HB304 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 8 Relating to alcoholic beverage sales;
to amend Act 2022-432, 2022 Regular Session, now appearing as Section 28-3A-17.2, Code of Alabama 1975;
Act 2022-432, 2022 Regular Session, now appearing as Section 28-3A-17.2, Code of Alabama 1975, is amended to read as follows:
The term does not include a food or beverage cart that is not Page 1 HB304 Engrossed motorized.
(c)(b)(1) Upon a food or beverage truck applicant's compliance with this chapter and any rules adopted thereunder, and upon presentation of the certificate described in subdivision (2), the board shall issue to the applicant a food or beverage truck license that will authorize the licensee to purchase liquor and wine from the board or, as authorized by Page 1 HB304 Enrolled the board, table wine and beer, including draft or keg beer, from any wholesale licensee of the board and to sell one alcoholic beveragebeveragebeverages per sale for on-premises consumption to guests who may consume the beverages in open containers anywhere within an area designated by the municipal governing body within an established entertainment district, provided the license is not prohibited by a valid ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality in which the food or beverage truck is located.
Page 2 HB304 Engrossed (f)(e) A food or beverage truck licensee shall consent, in writing, to warrantless inspections by city, county, and state inspectors and law enforcement.
(h)(g) Each food or beverage truck licensee shall Page 2 HB304 Enrolled collect and remit all state and local sales and use taxes and all excise and privilege taxes due on the sale of alcoholic beverages.
(h) A food or beverage truck licensee may not serve or be authorized to serve any food or beverage within 150 feet of anany existingentrance to any permanent restaurant or to any Alcoholic Beverage Control Board licensee.
(i) The board, by rule, shallmay require security cameras in all licensed food or beverage trucks and may require a barrier be placed as a boundary around the vicinity of the food or beverage truck or group of food or beverage trucks within which consumption of alcoholic beverages is permitted.
Page 3 HB304 EngrossedEnrolled 76 78 80 82 ________________________________________________ Speaker of the House of Representatives Read86 for88 the________________________________________________ firstPresident time and referredPresiding ................13-Apr-23Officer toof the Senate 91 House of Representatives committee94 onI Countyhereby andcertify Municipalthat Governmentthe 89within ReadAct fororiginated thein second time and placedwas ................26-Apr-23passed onby the calendar:House 24-May-23, as amended.
amendments97 92John ReadTreadwell forClerk theSenate third06-Jun-23 timeAmended and passedPassed ................24-May-23House 06-Jun-23 Passed, as amended Yeasby 0Conference NaysCommittee 0Report AbstainsSenate 006-Jun-23 99Passed, Johnas Treadwellamended Clerkby Conference Committee Report Page 4
Amendments
4 amendments- Conference Committee on HB304 Amendment HOMT66-1 Show changes
- Amendment LCBNAW-1 Show changes
- Amendment TSOR95-1 Show changes
- Amendment 5GLO3M-1 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
-
Enrolled
Sponsors
- Neil Rafferty · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on · 39 voted No
Sponsors (1)
- Neil Rafferty D Voted No
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 2 |
| R | 51 | 10 | 0 | 10 |
| D | 26 | 0 | 0 | 0 |
| Total | 80 | 10 | 0 | 12 |
| % of votes cast | 78% | 10% | 0% | 12% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 65 | 0 | 0 | 6 |
| D | 23 | 0 | 0 | 3 |
| Total | 93 | 0 | 0 | 9 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| R | 59 | 4 | 0 | 8 |
| D | 10 | 14 | 0 | 2 |
| Total | 73 | 19 | 0 | 10 |
| % of votes cast | 72% | 19% | 0% | 10% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| R | 41 | 21 | 0 | 9 |
| D | 22 | 3 | 0 | 1 |
| Total | 67 | 24 | 0 | 11 |
| % of votes cast | 66% | 24% | 0% | 11% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| R | 50 | 16 | 0 | 5 |
| D | 25 | 0 | 0 | 1 |
| Total | 79 | 16 | 0 | 7 |
| % of votes cast | 77% | 16% | 0% | 7% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 304 do?
- Alcoholic Beverages, provide that Food & Beverage Trucks can sell in all municipalities
- Who sponsors HB 304?
- HB 304 is sponsored by Neil Rafferty (D).
- What is the current status of HB 304?
- This bill has been enacted into law. Introduced April 13, 2023. Enacted.
- Where can I track HB 304?
- Track HB 304 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 304
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 304
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →