Section 28-7A-1
Section 28-7A-1 Definitions.
For the purpose of this chapter, the following terms shall have the following meanings:
(1) BOARD. The Alcoholic Beverage Control Board.
(2) LOCAL GOVERNING BODY. Any county or municipal commission, council or other governing body or any official of any county or municipality that is authorized by Sections 28-3-190 and 28-7-16, to collect taxes levied by the State of Alabama upon the sale of any beer or table wine.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §1.)Section 28-7A-2
Section 28-7A-2 Authorization of board to audit and collect taxes levied upon sale of beer or table wine; retention or reclamation of authority by local governing body.
Any local governing body may, prior to October 1, 1988 or at any time thereafter, elect to authorize the board to audit and collect any and all taxes levied pursuant to Sections 28-3-190 and 28-7-16, upon the sale of any beer or table wine. Any local governing body may elect to retain, or at any time after October 1, 1988, by an appropriate resolution or ordinance duly adopted and spread upon its minutes, elect to retain or reclaim the power and authority granted to it by Sections 28-3-190 and 28-7-16, to audit and collect any such taxes, whereupon said taxes shall be paid to and collected by the local governing body as provided in said sections.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §2; Acts 1989, Ex. Sess., No. 89-990, p. 35, §1.)Section 28-7A-3
Section 28-7A-3 Collection and disposition of moneys from taxes on beer or table wine; fee payable to board.
The taxes on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, to be collected by any local governing body, except as provided in Section 28-7A-2, shall be paid when due in accordance with the applicable law to the board for the use and benefit of such local governing body. The board shall collect the revenues generated by such tax at the same time and in the same manner as provided for collection by the local governing body. The taxes so collected shall be deposited into a special fund for the local governing body and paid by the board to the treasury of the local governing body for which they were collected within 25 days after the end of the month in which such funds are received by the board. Provided, however, that the board shall retain two and one-half percent of the tax due to the local governing body as a fee to the board for auditing, collecting, disbursing and administering the tax. The sum so retained by the board shall be deposited to the credit of the General Fund of the state and dispersed therefrom according to law. Each such local governing body shall further distribute such proceeds in the manner provided by law.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §3.)Section 28-7A-4
Section 28-7A-4 Receipt of fee or percentage of taxes by probate judge or officials.
Any provisions of this chapter to the contrary notwithstanding, the probate judge or any official or agent of any local governing body or any other person who, by statute applicable on October 1, 1988, receives a fee as a percentage of the tax for collecting such tax on beer or table wine levied pursuant to Sections 28-3-190 and 28-7-16, shall continue to receive the said fee or percentage.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §4.)Section 28-7A-5
Section 28-7A-5 Reports, forms and other information; rules and regulations.
The board shall prepare and distribute such reports, forms and other information as may be necessary for the collection and distribution of the said taxes. The board is authorized to promulgate all reasonable rules and regulations necessary to implement the provisions of this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §5.)Section 28-7A-6
Section 28-7A-6 Board authorized to inspect, examine and audit books and records of wholesaler licensees and retail sellers of alcoholic beverages.
The board shall have the authority to inspect, examine and audit the books and records of any wholesaler licensee who sells, stores or receives for the purpose of distribution, any alcoholic beverages, to verify the proper filing and to determine the accuracy of any state or local tax return required to be filed by the wholesaler, and to determine the payment of all state and local taxes when and where due with respect to any state or local tax levied on alcoholic beverages by statute. In pursuance of said authority, the board shall have the further authority to inspect, examine and audit the books and records of any person, firm, corporation, club or association who sells at retail any alcoholic beverages.
(Acts 1988, 1st Ex. Sess., No. 88-723, p. 118, §6.)
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