Ala. Admin. Code r. 20-X-2-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 20-X-2-.03 - Violations

(1) Any violation of any statute or law of the State of Alabama pertaining to alcoholic beverages, or of any regulation of the ABC Board, by any licensee, officer, agent, servant or employee of such licensee, shall subject such licensee to any one of the following discretionary actions or penalties by the ABC Board or its Hearing Commission:

(a) Verbal or written reprimand;

(b) Suspension of the alcoholic beverage license;

(c) Revocation of the alcoholic beverage license;

(d) Fine not to exceed $1,000.00.

(2) Each occurrence shall constitute a separate violation for which any of the above-mentioned penalties may be imposed.

(3) Any violation of a municipal ordinance or a local act of the legislature may also subject a licensee to the foregoing action.

(4) The ABC Board may, from time to time, establish a fine schedule for violations charged against a licensee. This fine schedule will be used when a licensee wishes to plead guilty to a first or second offense.

(5) When a licensee has been cited for a violation, the licensee may elect to waive a hearing before the Hearing Commission and/or the ABC Board and enter a plea of guilty to such violation. If a fine is imposed upon said guilty plea, the licensee shall remit the full amount thereof to the ABC Board by cashier's or certified check or money order within seven (7) days after the entry of such guilty plea or, in the event responsible vendor mitigation has been sought, then within seven (7) days after notification of the action of the mitigation committee. Failure to so remit said fine within the seven-day period shall subject the licensee to an automatic license suspension, commencing immediately without any appeal thereof, until such fine is paid to the Administrator and the licensee has received from the Administrator a letter of reinstatement of the license together with the license, itself.

(6) After the imposition of a fine by the Hearing Commission and/or the ABC Board, a licensee shall not be authorized to relinquish or surrender the license in lieu of payment of the fine. When a fine has been adjudged and all appeals exhausted, the said fine shall become a debt of the licensee in favor of the ABC Board.

(7) When a fine is imposed upon a licensee by the Hearing Commission and/or ABC Board and no appeal is taken therefrom within the appropriate time limitations, the fine so imposed shall be remitted in full by said licensee to the ABC Board by cashier's or certified check or money order within seven (7) days after the last day upon which said appeal could have been taken. Failure to so remit said fine within the seven-day period shall subject the licensee to an automatic license suspension, commencing immediately without any appeal thereof, until such fine is paid to the Administrator and the licensee has received from the Administrator a letter reinstatement of the license, together with the license, itself.

Author: ABC Board

Ala. Admin. Code r. 20-X-2-.03

Repealed and New: Filed August 21, 1998; effective October 16, 1998. Amended: Filed July 20, 2000; effective August 24, 2000.

Statutory Authority:Code of Ala. 1975, §§ 28-3-49; 28-3A-24.