Alabama. Alcoholic Beverage Control Board

Authorities:

Alabama Government Manual, 1982.

Alabama Official and Statistical Register, 1979.

Acts of Alabama 1936-1937 Ex Session, No. 66, p. 40.

The Alcoholic Beverage Control Board promotes temperance and regulates the production, transportation, distribution, drinking, and sale of alcoholic beverages in Ala.

The Alcoholic Beverage Control Board is composed of three members appointed by the Governor with the consent of the Senate. One of the members is designated as Chairman. Members must be qualified voters and residents of the State for at least ten years preceding appointment. They may have no connection with or interest in any liquor business, and they must not have been convicted for violating the liquor laws. They serve six-year terms of office, but may be removed at the Governor's pleasure. Compensation consists of twenty-five dollars per day (not to exceed $2,500) and expenses as provided by law. By executive order, the Governor may provide that a board member shall serve without compensation other than expenses. The Board meets in its central office in Montgomery at such times as it determines. A quorum consists of the majority of the Board.

The Administrator is appointed by the Alcoholic Beverage Control Board and must be of good character, at least thirty-five years of age, a resident of Ala. for at least five years preceding appointment, and must not have been convicted of violating the liquor laws. The Administrator serves at the pleasure of the Board. Additionally, the Administrator appoints all clerks, stenographers, inspectors, chemists, and other personnel not commissioned by the Board, subject to the provisions of the merit system. The Administrator acts as executive officer to the Board, Secretary, and custodian of all records and is responsible for the execution of the Board's policies. The Administrator serves as member of the State Safety Coordinating Committee. The Administrator is assisted in the performance of his duties by an Assistant Administrator. (Ala. Government Manual, 1982)

In 1937, the Alcoholic Beverage Control Board was created. The Board consisted of three members, all appointed by the Governor, with the advice and consent of the Senate, one of whom was designated by the Governor to be Chairman of the Board. (Acts 1936-1937, Ex. Session, No. 66, Sec. 1-4)

The Board was empowered to appoint an Administrator who was to serve at the Board's pleasure. He was also, under the supervision of the Board, authorized to administer the provisions of the "originating act", as well as to employ/appoint all persons deemed necessary to the expedition of the Board's legislatively allocated duties/functions, while setting the compensation, salaries, and wages of said persons. The Administrator was required to have been a resident of Ala. for at least ten years, of good moral character, and not less than thirty-five years of age. (Acts 1936-1937, Ex Session, No. 66, Sec. 4)

The original Board was legally authorized to buy, manufacture, and sell alcoholic beverages and to have alcoholic beverages in its possession for sale, as defined in the "act of origination"; to control the possession, sale, transportation, and delivery of alcoholic beverages; to determine the localities within which any State store shall have been established and operated and the location of such store; to make provision for the maintenance of warehouses for alcoholic beverages and to control the delivery of alcoholic beverages to and from such warehouses; to lease, occupy, and improve any land or building required for the purposes of the "originating act"; and, with gubernatorial consent, to purchase or otherwise acquire title to any land or buildings required for the purposes of the said act, and with like consent to sell and convey the same by proper deed. Basically and concretely, the Board was endowed with the power to regulate and control the alcoholic beverage business in Ala., as well as to execute any/all activities deemed pertinent to the expedition, administration, and perpetuation of said Board's legislatively allocated and authorized duties/functions. (Acts 1936-1937 Ex Session, No. 66, Sec 4-6)

Currently, the Board controls the manufacture, possession, sale, consumption, importation, use, and delivery of liquor, alcohol, and malt brewed beverages. It issues permits to manufacturers selling distilled liquors to the Board, and it may issue, suspend, or revoke licenses or permits or in lieu thereof impose a fine not to exceed $1000 for each charge, to those who purchase and sell alcoholic beverages. The Board has appointed a three-member Hearing Commission to conduct hearings involving applications for license and charges against licensees. The Commission may issue, suspend or revoke licenses or in lieu thereof impose a fine not to exceed $1000 for each charge. Any decision of the Hearing Commission may be appealed to the Board. The Board also controls the nature and capacity of all packages used as containers for regulated beverages and requires stamps, labels, and other marking for identifying articles sold or distributed through the State stores. (Ala. Government Manual, 1982)

The Board buys and sells alcoholic beverages, controls the possession, sale, transportation, and delivery of alcoholic beverages, and may operate distilleries to manufacture alcoholic beverages. It fixes the wholesale and retail price of all spirituous and vinous liquors which are sold in State liquor stores. The Board leases, furnishes, and equips real property necessary for its operations, determines the localities for State liquor stores, and operates such stores, subject to liquor-approval elections and zoning ordinances. It determines the number of stores in counties of over 25,000 population. The Board also maintains warehouses for alcoholic beverages and controls deliveries from the warehouses. It makes an annual report to the Governor and is subject to regular examinations by the Examiners of Public Accounts. (Ala. Government Manual, 1982)

The Alcoholic Beverage Control Board appoints an Administrator, as well as officers, agents, inspectors, investigators, and other employees. These employees are subject to the merit system. It may authorize the officers whom it appoints to hold the authority given to a peace officer. The Board may make such regulations as are necessary to carry out its duties. (Ala. Government Manual, 1982)

As of 1982 the Alabama Alcoholic Beverage Control Board consisted of the following divisions:

Alabama. Alcoholic Beverage Control Board. Auditing Division.

Authority: Ala. Government Manual, 1982.

Alabama. Alcoholic Beverage Control Board. Legal Counsel Division.

Alabama. Alcoholic Beverage Control Board. Regulation and Enforcement Division.

Alabama. Alcoholic Beverage Control Board. Merchandising Division.

Alabama. Alcoholic Beverage Control Board. Administrative Division.

From the description of Agency history record. (Unknown). WorldCat record id: 145408017