Ala. Admin. Code r. 20-X-5-.15 - Permits For Off-Site Tasting Rooms For In-State Wine Manufacturers And A Winery Association
(1)
Application for a permit.
(a) An application
for a permit shall be in a form prescribed by the Board. Each applicant shall
sign and swear to the application.
(b) Only one permit for one off-site tasting
room shall be issued per license year.
(c) Once issued a permit shall be valid for the balance of the
license year unless surrendered, suspended or revoked.
(2) Requirements.
(a) Those eligible to receive and hold a permit, are applicants
who hold a valid manufacturer license or the winery association that represents
a majority of the in-state wineries.
(b) The permitted premises shall be regarded
the same as a licensed premises.
(c) Evidence of ownership or a lease for the
real property where the applicant's off-site tasting room will be
located.
(d) Any other information
as may, at their discretion, be requested by the Board.
(3) Before issuing a permit the Board shall
be satisfied that the applicant is a suitable person to hold an ABC permit and
that the location is suitable for a tasting room. The location shall:
(a) Have been awarded approval from the
local governing body.
(b) Meet all
the requirements for on-premises licensees enumerated in Rule
20-X-6-.02.
(c) The off-site tasting room shall be
limited to only one building or one premises within one building.
(4) All permit holders shall
maintain liquor liability insurance as prescribed by Rule
20-X-5-.14.
Coverage shall specifically include the off-site tasting room
location.
(5) In addition to all
other requirements of law or rules and regulations of the ABC Board, all
off-site tasting rooms shall comply with the following conditions:
(a) No one under 21 years of age may dispense
or serve alcohol.
(b) All service
for on-premises consumption shall be conducted by servers. No self-service
permitted.
(c) All sales and
consumptions must take place inside the licensed premises.
(d) Only products manufactured at the
winery's primary premises may be sold at the off-site tasting room.
(e) Only products that have previously been
approved for sale in the State may be sold or given away on the permitted
premises.
(f) Records from wine
sales and tastings shall be maintained at the permitted premises for three
years. A duplicate record shall be maintained at the primary winery
premises.
(6) The winery
association shall verify yearly that it represents a majority of the in-state
wineries.
(7) The board may
initiate, investigate and, if appropriate, disapprove and prohibit the
continued tastings of any permitted site found to be operating in violation of
the rules.
Notes
Author: ABC Board
Statutory Authority: Code of Ala. 1975, ยง 28-3-49.
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