Restrictions

With the signing into law of Free The Hops' Gourmet Beer Bill in May of 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.

However, there are 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. Breweries and home brewers 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 this regulation, but has not introduced any legislation to change it and has no immediate plans to do so.

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, but has not introduced any legislation to change them and has no immediate plans to do so.

Brewery Restrictions

Breweries are prohibited from selling their beers for on premises consumption in §28-3A-6(b) of The Code of Alabama. This same section of The Code prohibits breweries from operating a bar or pub whether it is connected or separate from the brewery.

"No manufacturer licensee shall sell any alcoholic beverages direct to any retailer or for consumption on the premises where sold, nor sell or deliver any such alcoholic beverages in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U. S. Treasury Department, nor maintain or operate within the state any place or places, other than the place or places covered by the manufacturer license, where alcoholic beverages are sold or where orders are taken." §28-3A-6(b)

Many breweries outside the state of Alabama offer brewery tours which conclude with beer samples for a small fee. Others have tasting rooms where brewery visitors can purchase beer and in some cases food as well. Alabama's breweries are not allowed to do either of these. These restrict a potential source of income for the breweries and also discourage brewery tours, both of which make it more difficult for Alabama's breweries to compete with those in other states. FTH supports the removal of these restrictions, but has not introduced any legislation to change them and has no immediate plans to do so.

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. FTH supports the repeal of this restriction.