Ala. Admin. Code r. 20-X-23-.05

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

Section 20-X-23-.05 - Suspension Or Revocation Of Permit

(1) Upon suspension or revocation of a permit and during the interim between the date on which notice of final adjudication of suspension or revocation is given to the permittee and the effective ending date of such suspension or revocation, the permittee is prohibited from purchasing tobacco products under said permit.

(2) During a period of suspension, no new or different permit will be issued to any other applicant for the same location or in the same business name, as that of the suspended permittee; provided, however, this section is not intended to prohibit innocent landlords or lessors from exercising contractual rights under a rental agreement or a written lease in the event of default by a tenant or lessee.

(3) Immediately following a final adjudicated decision on the question of suspension or revocation, a notice thereof shall be mailed to all appropriate peace officers in the county where the affected permit is located. Notice shall also be mailed to all wholesalers of tobacco products operating in the territory of the affected permit.

(4) During a period of suspension, no tobacco products may be possessed, stored or sold, by the permittee on the permitted premises.

(5) During the period of suspension or revocation of an ABC Board permit, the permittee shall post a sign, supplied by the ABC Board, on the permitted premises stating that their permit has been suspended or revoked. The sign for a suspended permit shall read: "The privilege of selling tobacco products for these premises has been suspended by the Alabama Alcoholic Beverage Control Board from (Date) to (Date)." The sign for a revoked permit shall read: "The Alabama Alcoholic Beverage Control Board Permit Has Been Revoked for These Premises from (Date) to (Date)." This sign shall be displayed in a conspicuous location in or on a front window or door and shall be readily visible from outside the premises.

(6) Within ten (10) days from the beginning of any period of revocation, a compliance inspection of the premises by agents of the ABC Board shall be allowed, to ensure the removal of tobacco products from the premises if said premises is open for business to the general public, members or guests during the period of suspension or revocation.

Author: ABC Board

Ala. Admin. Code r. 20-X-23-.05

New Rule: Filed December 7, 1998; effective January 11, 1999.

Statutory Authority:Code of Ala. 1975, § 28-11-4.