Section 28-3-168

Section 28-3-168Sale of table wine by certain wine retailers.

(a) For the purposes of this section, the following words and phrases shall have the following meanings:



(1) MANUFACTURER. Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of liquor, alcohol, malt and brewed beverages, or vinous beverages.



(2) WINE WHOLESALER, DISTRIBUTOR, OR JOBBER. Any person, association, or corporation licensed by the board to engage in the sale and distribution of table wine within counties in which this chapter applies, at wholesale only, to be sold for export or to licensees within this state authorized by their licenses to sell wine.



(3) WINE RETAILER. Persons, corporations, or associations licensed by the board to engage in the retail sale of table wine to be consumed off the premises and who do not possess a state liquor license.



(4) TABLE WINE. Any wine containing not more than 16.5 percent alcohol by volume.



(b) In all counties having a population of not less than 300,000 nor more than 500,000 according to the 1970 or any subsequent federal decennial census, table wines may be sold at retail by any licensed wine retailer for off-premises consumption only. A wine wholesaler may sell to a wine retailer table wines that have been purchased from a licensed manufacturer.



(c) In all counties having a population of not less than 500,000 according to the 1970 or any subsequent federal decennial census, table wines may be sold at retail by any licensed wine retailer for off-premises consumption only. A wine wholesaler may sell to a wine retailer table wines that have been purchased from a licensed manufacturer.



(d) In all counties having a population of not less than 115,000 nor more than 130,000 according to the 1970 or any subsequent federal decennial census, table wines may be sold at retail by any licensed wine retailer for off-premises consumption only. A wine wholesaler may sell to a wine retailer table wines that have been purchased from a licensed manufacturer.



(e) A license may not be issued by the board unless the applicant is a citizen of the United States or legally present in this state.

(Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940, T. 29, §24; Acts 1951, No. 614, p. 1060, §4; Acts 1973, No. 863, p. 1351, §2; Acts 1973, No. 1053, p. 1688, §2; Acts 1973, No. 1054, p. 1693, §2; Act 98-505, p. 1171, §1; Act 2008-90, p. 116, §3; Act 2009-509, p. 947, §1; Act 2010-607, p. 1478, §1.)