Restrictions

Success so far

With the signing into law of Free The Hops' Gourmet Beer Bill in May 2009, one major restriction on beer in Alabama was significantly loosened. This law increased the limit on alcohol by volume (ABV) in beer from 6% to 13.9%. This was a huge step for beer lovers across the state.

We continued our mission to Free The Hops in Alabama, and in May 2011 passed the Brewery Modernization Act, which allows breweries to sell on-premises like a brewpub, or to wholesalers, or to both, and removed the crippling restrictions which prevented new breweries and brewpubs from opening. In just 6 months two taprooms have opened in Birmingham (Avondale, Good People), and one in Huntsville (Straight To Ale).

Still to come

There are still a number of other restrictions on beer and brewing in the state.

• The container size law limits the sale of beers to containers no larger than 16 ounces.
• Brewpubs must meet the stringent requirement of being located in a historic building in a county that's been consistently wet since before Prohibition.
• Home brewers - the keystone for most craft breweries - face similar antiquated restrictions.

FTH supports the removal of these and other arbitrary restrictions on beer brewing and sales.

The Container Size Restriction

The container size limit appears once in The Code of Alabama, in §28-3A-23(g), addressing the regulation of licenses for selling alcohol. That section contains the following rule controlling retailers licensed by the state to sell alcohol:

"All beer, except draft or keg beer, sold by retailers must be sold or dispensed in bottles, cans or other containers not to exceed one pint or 16 ounces." §28-3A-23(g)

This restriction keeps many gourmet and specialty beers from being sold in Alabama because it is quite common for breweries to sell more upscale and expensive beers in 22 oz and 750 ml bottles only. Like wine (also distributed in 750 ml bottles), these beers are intended for sharing over a meal or among friends.

A whole range of beers are excluded by this law. For example, Rogue Ales sells a number of their beers in these two sizes only. Likewise, Terrapin Brewing in Athens, GA, sells their popular special release series called "Side Project" in 22 oz bottles only. Both of these breweries distribute their beers in Alabama, but they are unable to distribute their full line of beers due to the container size restriction. And these are just a few examples. Dogfish Head, New Belgium, Sweetwater, Great Divide, and many, many more breweries produce beers in bottles that exceed Alabama's 16 oz container size limit.
And what's worse, Alabama is the only state in the country with this peculiar restriction.
FTH supports the removal of these restrictions, and introduced legislation to change them in 2011. We will introduce legislation again in 2012.

Brewpub Restrictions

Brewpubs are burdened with a number of arbitrary and unnecessary restrictions. Some of the more notable restrictions are that they must be located in a historic building and they can only open in a county in which beer was brewed for public consumption prior to prohibition. Brewpubs are also not allowed to bottle their beer for off premises consumption. These restrictions can be found in the following sections of The Code of Alabama:

"(1) The brewpub premises must be located in an historic building or site as defined in Section 40-8-1, in a wet county or wet municipality, in which county beer was brewed for public consumption prior to the ratification of the Eighteenth Amendment to the U.S. Constitution in 1919." §28-4A-3(a-1)

"(3) Beer brewed by the brewpub licensee shall not be possessed, sold or dispensed except on the premises where brewed, and shall not be packaged or contained in other than barrels from which the beer is to be dispensed on the premises for consumption on the premises." §28-4A-3(a-3)

These restrictions make it difficult for brewpubs to open and operate. Opening a business in a historic building requires huge financial investments that would not be required if brewpubs could open elsewhere. Likewise, forbidding brewpubs from bottling their own beer for sale elsewhere cuts off a major source of potential income for them. Obviously, limiting the counties in which a brewpub can open based on the history of brewing prior to prohibition is a senseless restriction which keeps the number of brewpus in the state at a minimum. FTH supports the removal of these restrictions, and introduced legislation in 2011 to change them, but this restriction still stands.

Homebrewing Restrictions

The Code of Alabama, §28-1-1, prohibits the possession of any type of equipment used for the production of alcoholic beverages. It further prohibits the possession of any form of alcohol that was made illegally. As such, homebrewing is effectively illegal in Alabama.

"In all counties of the state it shall be unlawful for any person, firm or corporation to have in his or its possession any still or apparatus to be used for the manufacture of any alcoholic beverage of any kind or any alcoholic beverage of any kind illegally manufactured or transported within the state or imported into the state from any other place without authority of the alcoholic control board of the state, and any person, firm or corporation violating this provision or who transports any illegally manufactured alcoholic beverages or who manufactures illegally any alcoholic beverages shall, upon conviction, be punished as provided by law." §28-1-1

As with a number of other beer-related restrictions, Alabama finds itself in very small company with its prohibition of homebrewing. Only three other states - Kentucky, Mississippi and Oklahoma - have similar prohibitions. Alabama's homebrewers organized and introduced legislation to remove this restriction in the 2009 legislative session. Though this bill did not get brought up for a vote, the Alabama homebrewing community has vowed to continue to fight for its passage in future legislative sessions, and has introduced legislation to change it. FTH supports the repeal of this restriction.