Ala. Admin. Code r. 20-X-23-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 20-X-23-.01 - Information Required From Applicants For Tobacco Permits(1) Every applicant for an ABC Board permit, in addition to information and statements required under Title 28, Code of Ala. 1975, shall also give the ABC Board, as part of such application, the following:(a) The name, date, place of birth, address, telephone number, race, gender, driver's license number, and social security number of every person who has any proprietary or profit interest in the permitted establishment, except in the case of public corporations, whose shares are traded on a recognized stock exchange.(b) The true, correct, and complete criminal court record of all arrests and subsequent dispositions for the past ten (10) years of such applicant and any other person having a proprietary or profit interest therein; and in the case of corporations, clubs and associations, of each officer and/or member of the board of directors of such corporation, club, or association. Minor vehicular offenses may be omitted; however, driving while under the influence and reckless driving cases shall be disclosed. In giving such information, there shall be included the name of the court(s) and the disposition of each matter.(c) In the case of applications by corporations, clubs, and associations, the person(s) making such application shall certify to the correctness, truthfulness and completeness of the application and shall provide the ABC Board with their authority to proffer such application.(d) An agreement by invitation from the permittee, allowing duly authorized agents of the ABC Board or other duly commissioned law enforcement officers of the state, county, or municipality in which the permitted establishment is located, to enter and search, without a warrant, the permitted premises or any building owned or occupied by the permittee in connection therewith, adjoining, adjacent to, or part of the curtilage thereof, whether used as a private dwelling or not, at any time.(e) If requested by the ABC Board, evidence of ownership or lease of the real property where the permittee's business will be located, as follows: 1. If applicant owns property, a copy of the recorded deed as evidence of ownership.2. If applicant has a contract to purchase property, a copy of the recorded sales 3 contract.3. If applicant is leasing the property, a copy of the lease agreement, including information regarding: (i) Lessor's primary business;(ii) Lessor's involvement in any way with the tobacco business; and(iii) Any further interest in, or connection with, the licensee's business by the lessor.(g) Such other information as may, at their discretion, be requested by the ABC Board or agents thereof.(2) In the event any false, incorrect, or incomplete information or statements are found on an application for a permit, the permittee is subject to revocation, or other disciplinary action by the ABC Board, at its discretion, and no waiver, estoppel, or laches will run against the State of Alabama, or the ABC Board, in connection with any false, incorrect, or incomplete information or statements made by an applicant on an application.(3) It shall be the prerogative of the ABC Board, as part of the permit application procedure, to verify the truthfulness and veracity of all information contained within a permit application. Verification may include, but is not be limited to, personal interviews and community comment, as well as criminal background information analysis through the Alabama Criminal Justice Information Center (ACJIC).(4) Any social security number disclosed under this regulation shall be used for the purpose of investigation or verification by the ABC Board and shall not be a matter of public record.Author: ABC Board
Ala. Admin. Code r. 20-X-23-.01
New Rule: Filed December 7, 1998; effective January 11, 1999.Statutory Authority:Code of Ala. 1975, §§ 28-3A-3(b); 28-11-4.