Ala. Code § 28-3A-6.5 (2026) – Educational Tourism Distillery License.

(a)
1. (1) Upon compliance by an applicant with this chapter and provided the operation is in compliance with state and federal laws, rules, and regulations, the Alabama Alcoholic Beverage Control Board may issue an Educational Tourism Distillery license to any person engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of liquor upon payment of the license fee as established in Section 28-3A-21.
2. (2) For the purposes of this section, an Educational Tourism Distillery licensee must produce, bottle, manufacture, distill, rectify, or compound 100,000 gallons or more of liquor each year.
3. (3) For purposes of this section, the total gross sales of an Educational Tourism Distillery licensee must be 50 percent or more from liquor products produced, bottled, manufactured, distilled, rectified, or compounded on site.
4. (4) For purposes of this section, an Educational Tourism Distillery licensee may export sales outside of the State of Alabama.
5. (5) Any licensee operating under or in conjunction with an Educational Tourism Distillery license shall be responsible for ensuring compliance with all applicable laws and board rules relating to the sale of alcohol.
(b) An Educational Tourism Distillery license authorizes the licensee to do all of the following on the premises pursuant to this section:
1. (1) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption. The sale of alcoholic beverages under this subdivision shall be confined to a designated enclosed area comprising no fewer than 500 square feet for service and consumption, within which patrons under 21 years of age are prohibited from entering. Any liquor manufactured at the licensed premises may be sold for on-premise consumption in this designated area, provided that the total amount of liquor sold in a single tasting or sampling flight does not exceed one and one-half ounces.
2. (2) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption in a freestanding separate structure on the licensed premises where the licensee provides or serves food. Any liquor manufactured at the licensed premises may be sold at retail for on-premises consumption in the designated area.
3. (3) Purchase other liquor and wine from the board, or as authorized by the board; purchase table wine and beer from any wholesale licensee of the board; and sell liquor, wine, and beer dispensed from containers of any size, to include draft beer, for on-premises consumption at temporary or permanently designated serving stations on the licensed premises for special events such as receptions, parties, or similar gatherings. A licensee shall post at each of its special event serving stations at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. Any liquor manufactured at the licensed premises may be sold for on-premises consumption in the designated serving stations.
4. (4) Sell at retail in a designated enclosed area, which shall be separate from all other designated areas on the licensed premises, for off-premises consumption, liquor manufactured at the licensed premises; provided, however, liquor sold for off-premises consumption may not exceed four and one-half liters per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state and federal laws, rules, and regulations.
5. (5) Must provide patrons with the opportunity to participate in a guided tour of the distillery operations, which tours must include an educational component in which an in-person guide provides information to patrons regarding the historic and scientific characteristics of the liquor manufactured at the licensed premises. A licensee may offer a tasting or sampling of liquor manufactured at the licensed premises at the conclusion of each tour in a designated enclosed area which shall be separate from all other designated areas on the licensed premises, provided that the total amount of liquor provided to each patron for such tasting or sampling does not exceed one and one-half ounces. The price of the tasting or sampling shall be included in the price charged to patrons over 21 years of age for the guided tour. No retail sales shall be authorized in the designated area.
(c) An Educational Tourism Distillery licensee may transfer liquor directly from a licensed manufacturer. For the purposes of this subsection, the licensee must have a 75 percent ownership or control of the brand or product received by the licensee.
(d) The licensed premises must contain a distillery operation that encompasses no fewer than 5,000 square feet in one or more structures.
(e) There is levied and assessed upon all liquor manufactured on the premises which is dispensed or sold at retail for on-premises or off-premises consumption, as well as samplings and tastings consumed as provided in this section, the mark up and the privilege or excise tax imposed on the retail sale of liquor in a state liquor store, in the same manner as if collected in a state liquor store. Taxes and mark up described in this subsection shall be remitted by the licensee to the board. The respective mark up and taxes collected shall be distributed, respectively, in the same manner as the mark up and taxes collected in an ABC liquor store.
(f)
1. (1) The tax levied in subsection (e) shall be collected by a return which shall be filed by the licensee with the board postmarked not later than the last day of the month following the month of production or sale of liquor, which shall be accompanied by the remittance of the tax due. The report shall include, but not be limited to, a consolidated report of all liquor manufactured, sold, or otherwise consumed on the licensed location. The report shall be in the form and containing information as the board may prescribe.
2. (2) If a licensee fails to file any return required to be filed with the board on or before the date prescribed therefor, including any written extension of time granted by the board in advance, there shall be assessed as a penalty the greater of 10 percent of any additional tax required to be paid with the return or fifty dollars ($50).
3. (3) If a licensee fails to pay to the board the amount of the tax due on a return required to be filed on or before the date prescribed for payment of the tax, including any written extension of time granted by the board in advance, there shall be added as a penalty 10 percent of the unpaid amount due on the return.
4. (4) Interest shall be added to any tax due to the board which is not paid by the due date, from the due date of the tax, computed based on the underpayment rate established by the Secretary of the Treasury under the authority of 26 U.S.C. § 6621.
(g) An Educational Tourism Distillery licensee shall not sell any alcoholic beverages direct to any retailer.
(h) An Educational Tourism Distillery licensee shall file with the board, prior to making any sales in Alabama, a list of its labels to be sold in Alabama and shall file with the board its federal certificate of label approvals or its certificates of exemption as required by the U.S. Treasury Department. All liquors whose labels have not been registered as herein provided for shall be considered contraband and may be seized by the board or its agents or by any peace officer of the State of Alabama without a warrant, and the goods shall be delivered to the board and disposed of as provided by law.
(i)
1. (1) An Educational Tourism Distillery licensee shall keep at its principal place of business within the state daily permanent records that show the quantities of raw materials received and used in the manufacture of liquor, and the quantities of alcoholic beverages manufactured and stored, the sale of alcoholic beverages, the quantities of alcoholic beverages stored for hire or transported for hire by or for the licensee, and the names and addresses of the purchasers or other recipients thereof.
2. (2) An Educational Tourism Distillery licensee shall keep and maintain for a minimum of three years all records required to be kept and maintained at the licensed location by manufacturer, wholesaler, and retailer licensees for the tax so levied, except that the Educational Tourism Distillery is not required to maintain name, address, or other personal demographic information for sales as provided in subdivision (1).
(j) An Educational Tourism Distillery licensee shall be subject to inspection by members of the board or by individuals authorized and designated by the board at any time of the day or night as they may deem necessary for the detection of violations of this chapter, of any law, or of the rules of the board, or for the purpose of ascertaining the correctness of the records required to be kept by the licensees. The books and records of licensees, at all times, shall be open to inspection by members of the board or by individuals authorized and designated by the board. Members of the board and its authorized agents, without hindrance, may enter any place that is subject to inspection hereunder or any place where records are kept for the purpose of making inspections and making transcripts thereof.
(k) An Educational Tourism Distillery licensee may be certified in the Responsible Vendor Program.
(l) A licensee shall post in each of its locations where alcoholic beverages are served at least one sign warning customers that the sale of alcoholic beverages to patrons under 21 years of age is strictly prohibited. The sign shall be posted at a point of sale or in any other location that is visible to customers and employees.
(m) An Educational Tourism Distillery licensee shall maintain a surety bond of not less than twenty-five thousand dollars ($25,000), payable to the board for any outstanding fine, penalty, or tax.
(n) Upon approval of the board, a licensee shall be allowed one off-premises manufacturer extension location for the exclusive storage of finished and unfinished goods pursuant to this section:
1. (1) A licensee shall provide documentation indicating approval from the Alcohol and Tobacco Tax and Trade Bureau for the extension. Prior to a manufacturer extension being issued in Alabama, the licensee must provide all of the following:
  1. a. Approval of the manufacturer extension from the Alcohol and Tobacco Tax and Trade Bureau.
  2. b. A lease, deed, or other document showing control of the property.
  3. c. A current, valid Educational Tourism Distillery license from the board.
2. (2) The application for a manufacturing extension must be approved by the board prior to its use.
3. (3) The manufacturer extension premises must be secured at all times.
4. (4) The manufacturer extension premises may not be used for the exportation of products nor any form of distribution of products within Alabama.
5. (5) Except where otherwise prohibited by federal or state law, a licensee may obtain a manufacturer extension for a building located 10 miles or less from the original licensed premises. A manufacturer extension is prohibited outside the State of Alabama.
6. (6) Authorized representatives of the board or commissioned law enforcement officers of the state, county, or municipality in which the manufacturer extension premises is located may enter and search, without a warrant, the manufacturer extension premises or any building owned or occupied by the licensee in connection therewith, adjoining, adjacent to, or part of the curtilage thereof, whether used as a private dwelling or not, at any time.
7. (7) No sales, sampling, or tastings of any alcoholic beverage shall be allowed at the manufacturer extension premises.
8. (8) A licensee under this section which is issued a manufacturer extension shall maintain all records related to the disposition of the finished or unfinished goods stored in the extension, as applicable.
9. (9) The finished and unfinished goods may be transported in bond from the licensed premises to the manufacturer extension location for storage, as applicable. Transportation shall be made by the licensee or employee of the same in a vehicle bearing signage on each side identifying the licensee. A current copy of the manufacturer extension and the bill of lading or other documentary evidence of ownership of the product shall be included on board the transportation vehicle.

(Act 2025-413, §1.)