Baldwin County, Alabama
File #: 18-0879    Version: 1
Agenda section: Consent Status: Passed
File created: 8/28/2018 Meeting type: Baldwin County Commission Regular
On agenda: 9/4/2018 Final action: 9/4/2018
Agenda item title: Revision of Baldwin County Commission Policy #2.6 - Alcohol License Applications
Attachments: 1. BCC 2.6 - Alcohol License Applications 20180904, 2. 20180723 - Correspondence from Dean, Betty - ABC License, 3. HB414-Enacted 2018 Non Profit, 4. *BA3 - Policy 2.6 - Alcohol License Applications FINAL

Meeting Type:   BCC Regular Meeting

Meeting Date:  9/4/2018

Item Status:   New

From: Ronald J. Cink, County Administrator

Submitted by:  Miranda N. McKinnon, Administration

______________________________________________________________________

 

ITEM TITLE

Title

Revision of Baldwin County Commission Policy #2.6 - Alcohol License Applications

Body

 

STAFF RECOMMENDATION

Recommendation

Adopt the revised Baldwin County Commission Policy #2.6 - Alcohol License Applications and make said policy a part of the Baldwin County Commission Policies and Procedures Book.

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  April 18, 2017 - last revision to Policy #2.6

 

Background:

On July 23, 2018, Commission Staff received an email from the Alabama Beverage Control Board (ABC Board), informing staff of the changes to the process for obtaining a 240 Non-Profit Special Events Retail License.  The change to the process is due to the passage of House Bill 414 on March 20, 2018.

 

240 Non-profit Special Events Retail Licenses are not renewable and are valid for a period not to exceed seven (7) days. 

 

Currently, applicants for a 240 Non-profit Special Events Retail License are required to go through the approval process with the Baldwin County Commission including a public hearing set by the Commission to consider the license request.

 

The proposed policy revision reflects the changes approved in House Bill 414.  Applicants seeking to obtain the 240 Non-profit Special Events Retail License in Baldwin County are required to send a letter notifying the local governing officials of the event.  The ABC Board will issue the License for the sale of beer, wine, and liquor to the qualifying organizations and approval from the local governing body is not required.

 

A qualifying organization is a bona fide nonprofit organization operating in the state that satisfies all of the following requirements:

a.  Operates without profit to the organization's members.

b.  Is exempt from taxation under Section 501 of the Internal Revenue Code.

c.  Satisfies at least one of the following requirements:

1.  Has been continuously in existence in the state for a minimum of three years.

2.  Is affiliated with a parent organization that has been in existence in the state for a minimum of three years.

3.  Has reorganized and is continuing its mission under a new name on file with the Secretary of State and with a new tax identification number after having satisfied the requirements set forth in either subparagraph 1. or 2.

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

Yes

 

Reviewed/approved by:  To be reviewed by the County Attorney

 

Additional comments:  N/A

 

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administration

 

Action required (list contact persons/addresses if documents are to be mailed or emailed): 

Administration - Update policy books and email necessary departments.

 

Update any other administrative documents used by Administration Department.

 

Inform ABC Board via email of the Commission’s policy revision and attach a copy of the revised policy as a courtesy.

 

Betty Dean (ABC) betty.dean@abc.alabama.gov <mailto:betty.dean@abc.alabama.gov>

Ben Barrett (ABC) ben.barrett@abc.alabama.gov <mailto:ben.barrett@abc.alabama.gov>

 

 

Additional instructions/notes:  N/A