Ala. Admin. Code r. 20-X-8-.09

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

Section 20-X-8-.09 - Sales By Wholesalers

(1) All sales of alcoholic beverages made by wholesalers to retail licensees shall be for cash. Cash in this instance means any United States legal tender currency, electronic transfer of funds from the retail licensee to the wholesaler licensee, check drawn on the retail licensee's account, bank certified check or cashier's check, guaranteed check or postal money order, all payable to the wholesaler licensee. Cash shall also include a state warrant when a state agency is the retail licensee. Cash shall not include a credit card or debit card with regard to sales of alcoholic beverages made by wholesalers to retail licensees. The product delivery and payment therefor shall be a simultaneous transaction. Any check or money order shall be received upon delivery and deposited within one banking day after the product delivery and payment thereof. Any electronic transfer of funds shall be a simultaneous transaction with product delivery and funds transferred to the wholesaler's account shall be completed not later than one banking day after the delivery. No credit may be extended, except to a municipal, county, or state agency that is a retail licensee, and payment at any other time or by any other means shall constitute an illegal extension of credit. Failure to comply with the provisions herein shall constitute separate violations of this regulation by both vendor and vendee. In the event a vendor selects any approved method of payment as an alternative to legal tender, any risk of loss associated therewith shall be the sole responsibility of the parties and shall not constitute a violation of this regulation.

(2) All wholesalers at the time of sale shall furnish the retail licensee an invoice showing the quantity of alcoholic beverages purchased, the price per unit, any deposits refunded for returnable containers, the licensee's name, complete address, and license number. All invoices shall be marked as paid by the wholesaler, dated and signed by the retail licensee or their duly authorized representative to acknowledge receipt of the goods.

(3) Every wholesaler shall ascertain that all purchasers possess a currently valid license issued by the ABC Board prior to any sales thereto, except as otherwise authorized by the Board.

(4) Once any alcoholic beverage is sold and delivered by a wholesaler licensee to a retail licensee in salable condition, it shall be unlawful for the wholesaler to repurchase, pick up or trade out any alcoholic beverages other than out-of-date or close to out-of-date beverages, and then only if in salable condition, or for any retailer to request that the wholesaler repurchase, pick up or trade out any other alcoholic beverages. This prohibition is not intended to prevent the pick up or return of goods damaged prior to or during delivery by the wholesaler licensee or goods otherwise returnable under customary warranty practices in sales transactions.

Author: ABC Board

Ala. Admin. Code r. 20-X-8-.09

Repealed and New: Filed August 21, 1998; effective October 16, 1998. Amended: Filed January 15, 1999; effective February 19, 1999.

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