HB52 By Representative Hall RFD Economic Development and Tourism Rd 1 04-FEB-20

SYNOPSIS: Under existing law, a licensed wine manufacturer may sell its wine directly at retail, for on-premise or off-premise consumption, on the manufacturer's premises and at one additional permitted off-site tasting room.

This bill would clarify that no separate retail license is required for a licensed wine manufacturer that lawfully sells its table wine at retail for on-premise or off-premise consumption on the manufacturer's premises and at one additional off-site tasting room.

This bill would not authorize a licensed wine manufacturer to sell its wine directly at retail in any other place, nor would it authorize a licensed wine manufacturer to directly distribute its wine to retailers.

A BILL TO BE ENTITLED AN ACT

Relating to alcoholic beverages; to amend Section 28-7-18, Code of Alabama 1975, to clarify that no separate retail license is required for a licensed wine manufacturer that lawfully sells its table wine directly at retail as currently provided by that section.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 28-7-18, Code of Alabama 1975, is amended to read as follows:

§28-7-18.

"(a) No manufacturer shall sell any table wine direct to any retailer or for consumption on the premises where sold, nor sell or deliver any such table wine in other than original containers, nor shall any manufacturer maintain or operate within this state any place or places, other than the place or places covered by his or its license where table wine is sold or where orders therefor therefore are taken. Provided, further, that table wine that is manufactured in Alabama may be sold directly at retail by the licensed manufacturer, for on-premise or off-premise consumption, only on the manufacturer's premises and at one additional permitted off-site tasting room used to conduct tastings or samplings and to sell at retail the manufacturer's table wine as provided in subdivision (4) of subsection (h) of Section 28-3A-6. A licensed wine manufacturer is not required to obtain a retail license from the board or any local governing body in order to sell its table wine directly at retail for on-premise or off-premise consumption pursuant to this section.

"(b)(1) There is hereby levied and assessed, upon wine manufactured in Alabama and sold by the manufacturer directly at retail on the premises where it is manufactured, as provided in subsection (a), or dispensed, as free samples of not more than six ounces, in the tasting room or wine cellar on the manufacturer's premises, an excise tax, measured by and graduated in accordance with the volume of such wine sold or dispensed, in an amount equal to forty-five cents ($.45) per liter.

"(2) The tax hereby levied on retail sales on a manufacturer's premises shall be added to the sales price of all table wine sold at retail by the manufacturer, as provided in subsection (a), and shall be collected from the consumers making the purchases.

"(c) The tax levied by subsection (b) shall be collected by a return and remitted, monthly, as follows:

"(1) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the board, on a form and in the manner prescribed by the board, a return showing taxes due at thirty-eight cents ($.38) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the board along with the return.

"(2) Not later than the fifteenth day of the month following the month in which table wine was dispensed as free samples or sold at retail as provided in subsection (a), the manufacturer shall file with the municipality within which the table wine was dispensed or sold at retail within its corporate limits, or, where dispensed or sold at retail outside of the corporate limits of any municipality, with the county within which the table wine was dispensed or sold at retail, a return showing taxes at seven cents ($.07) per liter of the table wine dispensed or sold at retail during the previous month; the taxes due at such rate shall be remitted to the county or municipality along with the return.

"(3) All taxes imposed, levied, and collected under this section shall be deposited and credited in the same manner as are other table wine taxes.

"(d) Manufacturers who manufacture table wine within Alabama shall provide to the board monthly reports, in the form, time, and manner prescribed by the board, reporting gallonage sold and gallonage exported for sale outside the state during the previous month.

"(e) The tax herein levied is exclusive and shall be in lieu of all other and additional taxes of the state, county, and municipality imposed on or measured by the sale or volume of sale of table wine; provided that nothing herein contained shall be construed to exempt the retail sale of table wine from the levy of tax on general retail sales by the state, county, or municipality in the nature of, or in lieu of, a general sales tax."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Wine

Alcoholic Beverages

Manufacturers

Alcoholic Beverage Control Board

Winery

Code Amended