HB 426 — Relating to alcoholic beverage licenses; to amend Section 28-3A-23, Code of Alabama 1975, to provide further for criminal background checks of license applicants.

HB426 INTRODUCEDENROLLED THG215-1THG215-2 By Representative Treadaway RFD:

02-May-23 2023 Regular Session Page 0 THG215-1HB426 05/02/2023Enrolled PMGEnrolled, (L)tgwAn 2023-1888Act, 23 4Relating SYNOPSIS:to alcoholic beverage licenses;

Under existing law, the Alcoholic Beverage Control Board is required to submit fingerprints of an applicant for an ABC license to the State Bureau of Investigations or a contracted entity to run a criminal background check on the applicant.

This bill would delete the language that authorizes a contracted entity to run the criminal background check.

A BILL TO BE ENTITLED AN ACT Relating to alcoholic beverage licenses;

"§28-3A-23 (a) No license prescribed in this code shall be issued or renewed until the provisions of this code have been complied with and the filing and license fees other than those Page 1 HB426 INTRODUCED levied by a municipality are paid to the board.

The form shall also require the applicant's name, date of birth, and Social Security number Page 1 HB426 Enrolled for completion of a criminal history background check.

Page 2 HB426 INTRODUCED (3) For purposes of this section, the term applicant shall include every person who has any proprietary or profit interest of 10 percent or more in the licensed establishment, but shall not include any public corporation whose shares are traded on a recognized stock exchange.

(e) Each retail liquor license application must be approved by the governing authority of the municipality if the Page 2 HB426 Enrolled retailer is located in a municipality, or by the county commission if the retailer is located in the county and outside the limits of the municipality, before the board shall have authority to grant the license.

Provided, however, any such licensed retail operation existing on May 14, 2009, and operating based on dual licenses, both a club or lounge license and a restaurant Page 3 HB426 INTRODUCED license, on the same premises shall be exempt from the requirement of the preceding sentence and may continue to operate under such the dual licenses.

Where more than one retail operation is 95 located within the same building, each operation under a separate or different ownership is required to obtain a separate retail license;

and where more than one type of retail operation located within the same building is operated by the same licensee, the licensee must have a license for Page 3 HB426 Enrolled each type of retail operation.

but this section shall not be interpreted to prevent a hotel or club licensee from selling alcoholic beverages in any room of the hotel or club house occupied by a bona fide registered guest 95 or member or private party entitled to purchase the same.

(h) All beer, except draft or keg beer, sold by retailers must be sold or dispensed in bottles, cans, or other Page 4 HB426 INTRODUCED containers not to exceed 25.4 ounces.

In rural communities with a predominantly foreign population, after the payment of the tax imposed by this title, draft or keg beer may be sold or dispensed by special permit from the board, when, in the judgment of the board, the use and consumption of draft or keg Page 4 HB426 Enrolled beer is in accordance with the habit and customs of the people of any such rural community.

(j) No importer shall sell alcoholic beverages to any person other than a wholesaler licensee, or sell to a Page 5 HB426 INTRODUCED wholesaler licensee any brand or brands of alcoholic beverages for sale or distribution in this state, except where the importer has been granted written authorization from the manufacturer thereof to import and sell the brand or brands to be sold in this state, which authorization is on file with the board.

Page 5 HB426 Enrolled (l) Licenses issued under this code title may not be assigned.

Whenever any license is transferred, there shall be collected a filing fee of fifty dollars ($50), to be paid to the board, and the board shall Page 6 HB426 INTRODUCED pay the fee into the State Treasury to the credit of the Beer Tax and License Fund of the board.

Thereafter, no license shall be issued by the board for the premises, wherein the license was conducted, to any assignee, committee, trustee, receiver, or successor of the licensee until a hearing has been held by the board as in the case of a new Page 6 HB426 Enrolled application for license.

Page 7 HB426 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 18-May-23.

John Treadwell Clerk Senate 25-May-23 Passed Page 8