Section 28-3A-1.5

Nonprofit special events retail license.

(a) Definitions.

As used in this section and Section 28-3A-6, the following words shall have the following meanings:

(1) NONPROFIT SPECIAL EVENTS RETAIL LICENSE. A license issued pursuant to subsection (b) for the sale of beer, wine, or liquor.

(2) QUALIFYING ORGANIZATION. A bona fide nonprofit organization operating in the state that satisfies all of the following requirements:

a. Operates without profit to the organization's members.

b. Is exempt from taxation under Section 501 of the Internal Revenue Code.

c. Satisfies at least one of the following requirements:

1. Has been continuously in existence in the state for a minimum of three years.

2. Is affiliated with a parent organization that has been in existence in the state for a minimum of three years.

3. Has reorganized and is continuing its mission under a new name on file with the Secretary of State and with a new tax identification number after having satisfied the requirements set forth in either subparagraph 1. or 2.

(b) Licensed authorized.

The board may issue a nonprofit special events retail license for the sale of beer, wine, and liquor to a qualifying organization.

(c) Applications for nonprofit special events retail license.

(1) Applications for a nonprofit special events retail license shall be made with the board at least 25 calendar days prior to the event on forms provided by the board and shall be verified by oath or affirmation of an officer or director of the qualifying organization who is authorized to do so.

(2) The applicant shall provide the board all of the following:

a. Documentation to show that the nonprofit is a qualifying organization.

b. A notarized, signed statement of proper authority from the person signing the application.

c. Date, time, and address of the event location. The applicant may also include an alternate event date or location.

d. Documentation of authority for use of property for the requested event.

e. A copy of the letter notifying the local governing officials of the event.

(3) A qualifying organization that applies for a nonprofit special events retail license shall not be required to provide evidence of liquor liability insurance.

(4) The board may request additional documentation at its discretion.

(5) Nonprofit special event retail licenses are not renewable and are valid for a period not to exceed seven days, and are issued upon terms and conditions as the board may prescribe.

(d) Donated alcohol.

Beer, wine, and liquor may be donated by a nonlicensed person.

(e) Rulemaking authority.

The board may adopt rules necessary for the implementation and administration of this section and Section 28-3A-6.

(Act 2018-447, §1-5.)