Code of Alabama

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28-9-3
Section 28-9-3 Sales by beer suppliers through wholesalers; exclusive sales territory. Each
supplier of beer licensed by the board authorizing such licensee to sell its beer within the
State of Alabama shall sell its beer through wholesaler licensees of the board, and shall
grant in writing to each of its wholesalers an exclusive sales territory in accordance with
the provisions of Act No. 84-374 (Acts 1984), appearing as Chapter 8, Title 28, as amended.
(Acts 1988, No. 88-80, p. 87, §3.)...
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45-2-22.03
Section 45-2-22.03 Wholesaler licensees; exclusive sales territories. Each supplier of wine
licensed by the board authorizing such licensee to sell its wine within the State of Alabama
shall sell its wine through wholesaler licensees of the board and shall grant in writing to
each of its wholesalers an exclusive sales territory in accordance with Chapter 8, Title 28,
as amended. (Act 2004-420, p. 708, §4.)...
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45-37-21.04
Section 45-37-21.04 Wholesale licensees; exclusive sales territories. Each supplier of wine
licensed by the board authorizing such licensee to sell its wine within the State of Alabama
shall sell its wine through wholesaler licensees of the board and shall grant in writing to
each of its wholesalers an exclusive sales territory in accordance with Chapter 8, Title 28,
as amended. (Act 2013-346, p. 1230, §5.)...
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45-49-23.02
Section 45-49-23.02 Wholesale licensees; exclusive sales territories. Each supplier of wine
licensed by the board authorizing such licensee to sell its wine within the State of Alabama
shall sell its wine through wholesaler licensees of the board and shall grant in writing to
each of its wholesalers an exclusive sales territory in accordance with Chapter 8 of Title
28, as amended. (Act 93-483, p. 764, § 4.)...
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28-9-2
Section 28-9-2 Definitions. (a) The following words or phrases, or the plural thereof, whenever
they appear in this chapter, unless the context clearly requires otherwise, shall have the
meanings ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of beer sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner
of a wholesaler the primary business of which is directly related to the transporting, storing,
or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an
agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler
or a substantial partner of a wholesaler which recycles empty beverage containers. (3) DESIGNATED
MEMBER. The spouse, child, grandchild, parent, brother or sister...
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28-8-2
Section 28-8-2 Designation of exclusive sales territory and exclusive wholesaler. Each manufacturer
or importer of alcholic beverages licensed by the board authorizing such licensee to sell
its alcoholic beverages within the State of Alabama, whose alcoholic beverages are sold through
wholesale licensees of the board to retail licensees of the board, shall designate exclusive
sales territories for each of its brands sold in Alabama and shall name one licensed wholesaler
for each such sales territory who, within such territory, shall be the exclusive wholesaler
for said brand or brands; provided where a manufacturer or importer licensee has more than
one brand of alcoholic beverages sold within this state, such licensee may designate the exclusive
sales territory to a different wholesaler for the sale of each of its brands and may designate
a different sales territory for each of its brands. Such manufacturer or importer licensee
shall enter into a territorial agreement, in writing,...
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28-9-4
Section 28-9-4 Prohibited acts - Suppliers. A supplier is prohibited from doing the following:
(1) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement
which contains in total the supplier's agreement with each wholesaler, and designates a specific
exclusive sales territory. Any agreement which is in existence on March 3, 1988, shall be
renewed consistent with this chapter; provided, that this chapter may be incorporated by reference
in the agreement. Provided, however, nothing contained herein shall prevent a supplier from
appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service
a sales territory not designated to another wholesaler, until such time as a wholesaler is
appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of the chapter, and, with
respect to the temporary service territory, shall not have...
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28-9-5
Section 28-9-5 Prohibited acts - Wholesalers. A wholesaler is prohibited from doing the following:
(1) Fail to devote reasonable efforts and resources, within supplier's designated sales territory,
to the sale and distribution of all the supplier's brands of beer which the wholesaler has
been granted the right to sell or distribute. (2) Sell or deliver beer to a retail licensee
located outside the sales territory designated to the wholesaler by the supplier of a particular
brand or brands of beer. Provided, however, during periods of temporary service interruptions
impacting a particular sales territory, a wholesaler who normally services the impacted sales
territory shall file with the board and give to the affected supplier written notice designating
the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will
service the sales territory during the period of temporary service interruption and the approximate
length of time of the service interruption....
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28-8-8
Section 28-8-8 Unlawful acts and offenses; penalties. (a) Unlawful acts and offenses. It shall
be unlawful: (1) For any manufacturer or importer licensed by the board to sell its brand
or brands of alcoholic beverages in the State of Alabama to any person, except through the
board in the case of spirituous liquor and wine, other than to a licensed wholesaler designated
as the exclusive wholesaler for said brand or brands. (2) For any wholesaler to sell to a
retail licensee any brand of alcoholic beverages in the State of Alabama, except in the sales
territory designated by the manufacturer or importer licensee and set forth in a written territorial
agreement authorizing the sale by such wholesaler licensee of that brand within a designated
territory; provided, however, a licensed wholesaler may, with the approval of the board, service
a territory outside the territory designated to it during periods of temporary service interruptions
when so requested by the manufacturer or importer...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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