§ 28-3A-6.2 — Wine Fulfillment Center License

Alabama § 28-3A-6.2

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

Text

(a)(1) Any person who is not a common or permit carrier and who does not hold a direct wine shipper, wholesaler, retailer, manufacturer, or importer license issued by the board and who is not owned or controlled by a common or permit carrier or a direct wine shipper, wholesaler, retailer, manufacturer, or importer licensee of the board may obtain a wine fulfillment center license from the board as provided in this section. A wine fulfillment center licensee, subject to compliance with all terms and provisions of this section and Section 28-3A-6.1 may contract with a common or permit carrier for the shipment of unopened containers of wine on behalf of a direct wine shipper licensee directly to an Alabama resident who is at least 21 years of age, for personal use by the individual and not for resale.
(2) A person shall obtain a separate wine fulfillment center license for each physical premises that is to be used as a wine fulfillment center before shipping wine to any Alabama resident from that premises, and shall pay an annual license fee of five hundred dollars ($500), plus an additional one hundred dollars ($100) for each additional premises from which shipments to Alabama residents will be made.
(3) The holder of a wine fulfillment center license may only provide logistics services of warehousing, packaging, order fulfillment, and shipment of wine for a direct wine shipper licensee for which the wine fulfillment center licensee is the bailee of the wine. Wine held in bailment by a wine fulfillment center licensee shall remain the property of the direct wine shipper licensee until loaded on conveyance for direct shipment to an Alabama resident.
(4) A wine fulfillment center licensee shall not ship wine into or within the state from, or on behalf of, any of the following:
a. An unlicensed direct shipper of wine, either in-state or out-of-state.
b. A retailer licensed by the board.
c. An out-of-state retailer.
d. A person that does not hold a direct wine shipper license.
(b) A wine fulfillment center license applicant shall provide all of the following information to the board as part of its application:
(1) The precise location or locations at which the licensee will engage in logistics services for wine to be shipped into the state.
(2) Any other information required by the board.
(c) A wine fulfillment center licensee shall do all of the following:
(1) Annually renew its wine fulfillment center license in a manner as established by rule of the board and pay any initial and annual license fees.
(2) Enter into a contract with a direct wine shipper licensee designating the wine fulfillment center licensee as the agent of the direct wine shipper licensee for purposes of this section and Section 28-3A-6.1. A wine fulfillment center licensee may not avoid liability under this section by subcontracting with a third party to perform its obligations pursuant to this section.
(3) Maintain a compliance program documenting that all wine shipped by each direct wine shipper licensee through the wine fulfillment center licensee satisfies the requirements set forth in subdivisions (c)(1) and (c)(2) of Section 28-3A-6.1.
(4) Make all commercially reasonable efforts to verify the validity of each direct wine shipper license prior to making any shipment on behalf of the direct wine shipper licensee.
(5) Ensure all containers of wine shipped by the wine fulfillment center licensee to an Alabama resident are conspicuously labeled with the following words: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.”
(6) Report to the board on a quarterly basis in a manner prescribed by the board all of the following information for each wine shipment into the state pursuant to this section:
a. The name, address, and license number of the direct wine shipper licensee and the point of origin of shipment from which the wine fulfillment center licensee received the wine, if different from the address of the direct wine shipper licensee.
b. The name and address of the Alabama resident who placed the order.
c. For each completed shipment, evidence of signature by an individual age 21 years or older.
d. The name and license number of the common or permit carrier engaged in the shipment.
e. The date of shipment.
f. The carrier tracking number.
g. The quantity of wine in the shipment.
(7) Maintain for a minimum of three years from the date of receipt from a direct wine shipper licensee or the date of shipment to an Alabama resident, as applicable, and permit the board and any of its designees to inspect, verify, or perform an audit of all of the information listed in subdivision (6).
(8) Upon violation of this title or a rule of the board, be subject to a civil penalty imposed by the board by administrative proceedings that apply to alcoholic beverage licenses, as follows:
(1) For the first violation, a civil penalty not to exceed five hundred dollars ($500).
(2) For a second violation, a civil penalty not to exceed three thousand dollars ($3,000).
(3) For a third or any subsequent violation, a civil penalty not to exceed six thousand dollars ($6,000).
(9) Be deemed to have consented to the jurisdiction of the board and the other state agencies and the state courts concerning enforcement of this section and Section 28-3A-6.1.
(d) Any fines or fees received by the board under this section shall be used by the board in order to perform its regulatory duties under Title 28.
(e) The board may adopt rules to implement this section.

Legislative History

(Act 2021-419, §3.)