§ 28-3A-17.2 — License for Food or Beverage Truck to Sell Alcoholic Beverages

Alabama § 28-3A-17.2

• Jurisdiction: Alabama
• Title 28: Intoxicating Liquor, Malt Beverages and Wine
• Ch. 3A: Alcoholic Beverage Licensing Code

Text

(a) As used in this section, “food or beverage truck” means a fully encased food or beverage service establishment approved by the Department of Public Health, which is housed on a motor vehicle or on a trailer that a motor vehicle pulls to transport, and from which a vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages, or both, for immediate human consumption. The term does not include a food or beverage cart that is not motorized.
(b)
(1) Upon a food or beverage truck applicant’s compliance with this chapter and any rules adopted thereunder, and upon presentation of the certificate described in subdivision (2), the board shall issue to the applicant a food or beverage truck license that will authorize the licensee to purchase liquor and wine from the board or, as authorized by the board, table wine and beer, including draft or keg beer, from any wholesale licensee of the board and to sell
alcoholic
beverages
for on-premises consumption to guests who may consume the beverages in open containers anywhere within an area designated by the municipal governing body within an established entertainment district, provided the license is not prohibited by a valid ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality in which the food or beverage truck is located.
(2) An applicant shall obtain from the municipality in which the food or beverage truck intends to operate a certificate setting out that the applicant has presented his or her application to the governing body of the municipality and the municipality approves of the issuance of the license for the food or beverage truck to sell alcoholic beverages.
(c)
The food or beverage truck license fee shall be three hundred dollars ($300).
(d)
A food or beverage truck operating outside the designated entertainment district may not sell alcoholic beverages.
(e)
A food or beverage truck licensee shall consent, in writing, to warrantless inspections by city, county, and state inspectors and law enforcement.
(f)
A food or beverage truck licensee must comply with all on-premises rules, other than the requirement for seating and restrooms.
(g)
Each food or beverage truck licensee shall collect and remit all state and local sales and use taxes and all excise and privilege taxes due on the sale of alcoholic beverages.
(h) A food or beverage truck licensee may not serve or be authorized to serve any food or beverage within 150 feet of any entrance to any permanent restaurant or to any Alcoholic Beverage Control Board licensee.
(i)
The board, by rule,
may require security cameras in all licensed food or beverage trucks and
may require a barrier be placed as a boundary around the vicinity of the food or beverage truck or group of food or beverage trucks within which consumption of alcoholic beverages is permitted. The board shall adopt additional reasonable rules to protect public health and safety.

Legislative History

(Act 2022-432, §1; Act 2023-523, §1.)