Senator Bill Holzclaw presented himself at the ABC’s hearing last fall to make the case against enforcing those regulations. Senator Holzclaw stated that this requirement was never part of the original intent of the Growler Law, and he would work to amend this language in the next legislative session.

True to his word, Senator Holtzclaw introduced Senate Bill 234 this week. SB234 amends the law to clarify that the internal transfer from the manufacturer (brewery) to the taproom is a “sale” for reporting purposes. This preserves all long-held reporting requirements for alcohol transactions, but it would commute the reporting requirement from a “brewery to public consumer” to a “brewery to taproom” sales capture.

Free the Hops, as the grassroots, non-profit consumer advocacy organization, asks for your support on this effort to clarify the law to protect consumer privacy. We will be tracking this bill through the legislative process in the coming weeks. If our voices need to be heard, we will be the first to request a call to action.

We thank Senator Holtzclaw for once again championing legislation that support both this burgeoning industry and the consumers who will make it flourish in Alabama.

Saying all of that the ABC ultimately decided to drop the requirement, but stated that it’s still the law.  So what does this mean for the consumer and for the brewery?  Well, confusing to say the least.  What we hope happens is that it will be status quo and will not be enforced until the law they are sighting can be amended to remove some ambiguous language that the ABC Board deems to be the law.  The law in question is a 36 year old amendment to the Alabama State Constitution from 1980.  The law is Alabama Code Title 28. Intoxicating Liquor, Malt Beverages, and Wine specifically title 28-3A-6 subparagraph E which states

(e)?Every manufacturer shall keep at its principal place of business within the state, daily permanent records which shall show the quantities of raw materials received and used in the manufacture of alcoholic beverages, 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. – See more at: http://codes.findlaw.com/al/title-28-intoxicating-liquor-malt-beverages-and-wine/al-code-sect-28-3a-6.html#sthash.ZkG1mUgA.dpuf

Now again this law is from 1980 and in no way was meant to represent collecting data from the consumer.  I will have to look back in my history book but I am pretty sure that there was not a brewery in the state during this time (please correct me if I am wrong).  So again the ABC Board has ruled to drop the personal information issue, but has stated that it’s in the law to require it.  This means that a new bill will need to be proposed in the next legislative session to amend the law said above.

Mike Cason from al.com has reported on Wednesday that Senator Holtzclaw was in attendance and said that he would attempt to try and take up the change needed in the 2017 legislative session.  Free the Hops will also do our part in helping push for this.  Again in closing we want to thank each and every one of you again who wrote the ABC board during the last 45 days, thank you very much!

The expectation for the “new-and-improved” proposed rule (expectation, as it has not been officially proposed yet) would still obligate breweries, brewpubs, wineries and distilleries to record the names and addresses of customers who buy anything for off-premises consumption.  Just as before, one has to wonder what is the purpose of doing this?  As reported in Mr. Cason’s article,

“ABC officials said the requirement to record the names of buyers is to ensure that required taxes are paid in the same way as when the manufacturers, the breweries, sell to wholesalers, rather than directly to a consumer. ABC Board spokesman Dean Argo said the staff would recommend changing the proposed rule to remove the requirement that the breweries, wineries and distilleries report the personal information of buyers to the ABC Board. Instead, the proposed regulation will say the sellers will retain the names and addresses for their records, which are subject to ABC audits, Argo said.”

Is it just me, or does this seem any different than the first proposal?  What purpose would an audit serve, if it did not also include the possibility of empowering the ABC to verify your purchase?  How is collecting this information necessary to ensure appropriate tax levies?  If that is necessary, why am I able to purchase liquor at the ABC store, or beer in the grocery store, and no one asks me my name or where I live (let alone write this information down)?

On the one hand, we appreciate that the ABC is required to enforce the law.  That really is their sole job.  How they do that, however, is up to interpretation and just as before, this proposed rule seems like a clear overreaching invasion of privacy.

We will continue to fight for the rights of the consumer in the great State of Alabama, and will continue to fight this change.  We ask everyone to continue to write to the ABC to voice your displeasure with their ruling.  You can do this two ways, email and snail mail.  Their email address is admin@abc.alabama.gov and their mailing address is:

Alabama ABC Board
2715 Gunter Park Drive West
Montgomery, Alabama 36109

We hope that with your help, we can still get this rule stopped.

Edit: We also want to add that the new proposed ruling hasn’t been voted on yet by the ABC Board, they met earlier this week to discuss it and the AL.com article was a report on that meeting.

The implications of this should be highly concerning, not only to craft beer consumers, but to all people throughout the state. As nonsensical as it might seem, this rule would essentially empower the ABC Board to come to an individual’s house to confirm his or her purchase of a six pack of beer. One can’t help but ask, why? The members of Free the Hops fully oppose this proposed rule. It represents an unprecedented, unnecessary, and overreaching invasion of privacy. It is something that unfairly targets beer consumers, but also, frankly, has frightening implications for everyone.

There is a way to help stop this new proposal, you can mail a letter or send an email to the ABC Board Administrative Procedures Secretary.  The email is admin@abc.alabama.gov with the mailing address of

Alabama ABC Board
2715 Gunter Park Drive West
Montgomery, Alabama 36109

Any comment on the proposal must be made between now and September 7th 2016. We encourage our membership, and the public to reach out to the ABC Administrative Board and voice their opinion that under no means shall your personal information be needed to purchase a Growler, Bottle or 6 Pack from a local Brewery, other than normal means of checking for your date of birth.

Free the Hops is an all-volunteer, grassroots organization whose mission is to help bring the highest quality beers in the world to Alabama. Founded in 2004 by Alabama consumers with no ties to the alcohol industry, Free the Hops was successful in passing the Gourmet Beer Bill in 2009, the Brewery Modernization Act in 2011, and the Gourmet Bottle Bill in 2013.

edit: Looking at early drafts of the rule change it included taking down the drivers license number of everyone who purchased beer to go from Breweries. Looks like that language has been removed, so we have amended our statement.

If you haven’t had the chance to check them out yet Crooked Stave is one of the hottest breweries in America today.  Based out of Denver Colorado, this is their 1st entry into Alabama and it will be a good one.  Check out the lineup below.  You can choose to do individual courses or do all 4, choice is up to you.

Course 1: Chicken Pickle Satay with Sirachi Aioli $7 – paired with Hop Savant

Course 2: Gazpacho with Shrimp and Lemon Creme Fraiche $7 – paired with Surette

Course 3: Steak and Bacon Kebabs with Garlic Mash and Green Bean Medley $27.50 – paired with Mama Bear’s Cherry Pie

Course 4: Chocolate Torte with Ganache and Sliced Strawberries $7 – paired with Raspberry Origin

This time around the debate was of little fanfare, no filibusters, no “what’s wrong with the beer we got?” lines, no boycotts, just a simple announcement and vote.  This was due to the fact that both bills  had a large number of co-sponsors and complete bi-partisan support in both the House and Senate.  It comes after the Alcohol Beverage Study Commission was formed in 2015 to help build recommendations on what alcohol laws needed to be changed.

For more thoughts about the subject I would like to point everyone to Free the Hops founder Danner Kline’s article.  He has some great thoughts and memories looking back over the years from where he started and what has transpired since 2007.

*Collaboration beer with Free the Hops and Cahaba. Coffee Milk Stout with Guatemala El Diamante coffee.

Presented by Free the Hops, The J. Clyde and B-Metro: The Magazine of Metro Birmingham Living, join us on Birmingham’s historic Cobb Lane in Five Points South Bham. You’ll be able to try seasonal and unique beers from brewers around the state, shop local vendors and enjoy a bite to eat from The J. Clyde.
Tickets go on sale October 12th!

http://fallfestivale.com

Alabama is the only state that prohibits to-go sales from the brewery or brewpub. SB452 would remove this restriction, allow a bare minimum of growler sales from the brewery, and allow Alabama breweries to compete fairly with the rest of the country. This will lead to new jobs, increased tourism, and new investment in Alabama.

While the local brewing industry has experienced rapid growth in recent years, Alabama is still ranked 50th in economic impact per capita from craft beer. If Alabama were to achieve 2012 national averages, it would add roughly $284 million to state GDP and create nearly 2,500 full-time jobs (PDF). SB452 will not create 2,500 jobs by itself, but removing this unfair restriction on the local brewing industry is a necessary first step.

Help us remove Alabama’s unfair restriction on growler sales from the brewery or brewpub and help us grow craft beer in Alabama!

Telephone calls have a big impact on politicians. If you can, please call your senator’s office on Monday and leave a brief message of support for this important job creation bill in addition to any other
messages you send.

Call your senator, then send an email as followup, asking him/her to vote YES for SB452.