§37A-3-114. Resale of beer restrictions for retailers - Violations

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

– Penalties.

A. This section applies to all retailers authorized to sell beer for consumption off the premises.

B. The holder of a retail beer or retail spirits license may resell beer only in the packaging in which the holder received the beer or may resell the contents of the packages as individual containers.

C. Except for purposes of resale as individual containers, the licensee shall not:

1. Mutilate, tear apart or cut apart original packaging in which beer was received; or

2. Repackage beer in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

D. The ABLE Commission shall impose the following penalties for a violation of subsection B or C of this section:

1. After notice and hearing, immediately revoke the license of the licensee committing the violation; and

2. Impose a fine of not more than One Thousand Dollars ($1,000.00) for each violation.

Any licensee whose license is revoked pursuant to this subsection shall not be eligible to reapply for a license for at least three

(3)months from the date of the revocation. Any stock of beer in undamaged original packaging in the possession of such licensee shall be repurchased by the distributor as long as the repurchased inventory falls within the date considered by the brewer of the product to be appropriate for sale to a consumer.

E. Administrative fines collected pursuant to this section shall be enforceable in the district courts of this state. All administrative fines collected by the ABLE Commission pursuant to this section shall be forwarded to the State Treasurer for deposit in the General Revenue Fund. Added by Laws 2016, c. 366, § 84, eff. Oct. 1, 2018. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.