Ala. Admin. Code r. 20-X-5-.11

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

Section 20-X-5-.11 - Suspension Or Revocation Of License

(1) Upon suspension or revocation of a license and during the interim between the date on which notice of final adjudication of suspension or revocation is given to the licensee and the effective ending date of the suspension or revocation, the licensee is prohibited from purchasing alcoholic beverages under the license.

(2) During a period of suspension, no new or different license will be issued to any other applicant for the same location or in the same business name, as that of the suspended license; 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 provided to appropriate peace officers in the county where the affected license is located. Notice shall also be provided to wholesale licensees operating in the territory of the affected license.

(4) During a period of suspension, no alcoholic beverages may be possessed on the licensed premises, nor may a licensee permit others to bring, possess, or consume alcoholic beverages on the licensed premises. As an alternative, the licensee may choose to cease all operations on the licensed premises, which shall remain locked during the period of suspension.

(5) Upon the effective date of a suspension or revocation, merchandisable alcoholic beverages legally purchased by the licensee may be purchased by the ABC Board at eighty percent of the current ABC Board list price or the Board may approve the sale of such alcoholic beverages to another licensee of the ABC Board. Any other sale of such alcoholic beverages is prohibited.

(6) During the period of suspension or revocation of an ABC Board license, the licensee shall post a sign, supplied by the ABC Board, on the licensed premises stating that their license has been suspended or revoked. The sign for a suspended license shall read: "The privilege of selling alcoholic beverages for this premises has been suspended by the Alabama Alcoholic Beverage Control Board from (date) to (date)." The sign for a revoked license shall read: "The Alabama Alcoholic Beverage Control Board license has been revoked." 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.

(7) Within ten 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 alcoholic beverages from the premises if the premises is open for business to the general public, members or guests during the period of suspension or revocation. Failure to permit the inspection shall disqualify the licensee from reapplying for a new license at that location for an additional period of six months after the revocation period is completed.

Ala. Admin. Code r. 20-X-5-.11

Repealed and New: Filed August 21, 1998; effective October 16, 1998.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

Author: ABC Board

Statutory Authority:Code of Ala. 1975, §§ 28-3-49; 28-3A-24(a)(b)(d).