Committee: TourismSponsor: Collins
Analyst: Daniel DavenportDate: 04/08/2021


House Bill 437 as passed the House of Representatives would 1) allow licensed wine manufacturers to file and pay the $200 application fee to obtain a direct shipper license from the Alcoholic Beverage Control Board to ship up to 12 cases of wine per year directly to Alabama residents who are at least 21 years of age for personal use; 2) require wine direct shipper licensees to pay a $100 annual renewal fee and collect and properly remit state and local sales or use and excise taxes due on sales; 3) permit common or permit carriers to make deliveries of alcoholic beverages to Alabama residents that are at least 21 years of age; 4) provide that anyone who ships wine directly to residents without a license is guilty of a Class C misdemeanor; 5) set conditions and requirements for franchise agreements between suppliers and wholesale distributors of wine in counties where regulations do not currently exist by local law; and 6) authorizes the Alcoholic Beverage Control Board to promulgate rules to implement the provisions of this bill.

This bill could increase receipts to the State General Fund, assuming the license application fees and renewal fees are distributed in the same manner as other fees for licenses issued by the board; increase receipts to the Education Trust Fund, State General Fund, the Department of Human Resources, counties and municipalities by an undetermined amount dependent upon the price of the wine sold and shipped by the manufacturers; increase receipts to the State General Fund and municipal general funds from fines; increase receipts to the State General Fund, county general funds, municipal general funds, and other funds to which court costs are deposited; and could increase the obligations of the State General Fund, district attorneys, and local jails by an undetermined amount dependent upon the number of persons charged with and convicted of the offenses provided by this bill and the penalties imposed.

As substituted and reported by the Committee on Tourism, this bill: (1) changes the direct wine shipper license renewal fee from $100 to $150; (2) creates an annual wine fulfillment center license upon payment of $500 license fee plus $100 for each additional facility; and (3) provides that anyone or any wine fulfillment center shipping wine without a license would be subject to civil penalties imposed by the board in amounts ranging from $500 for a first violation to $6,000 for a third or subsequent violation.

This bill provides that any fees or fines collected by the board shall be used by the board to perform its regulatory duties.

 Del Marsh, Chairperson