Buying 40 Oz Beer In Alabama: Is It Legal?

Alabama has some of the most restrictive beer laws in the United States, with a ban on the sale of beer bottles over 16 ounces. In 2012, a new law was passed that allowed the sale of beer bottles larger than 16 ounces, but the limit was set to 25.4 ounces, meaning 40-ounce beers are still illegal in the state. This law, known as the Gourmet Bottle Bill, was enacted in 1989 and was intended to curb public drunkenness. However, critics argued that it unfairly targeted low-income communities and racial minorities. Despite the controversy, the bill was passed in a tight vote, and it remains in effect today.

Alabama's Gourmet Bottle Bill

The bill faced opposition and criticism for allegedly targeting low-income communities and racial minorities. Despite these concerns, the Alabama legislature passed the bill by a tight vote. As a result, breweries had to comply with the new size restrictions, and some got creative with their packaging to stay just under the limit. For example, Miller Brewing Company sold their Miller Genuine Draft in 25.2-ounce bottles.

The bill's impact was immediate and significant, especially for malt liquor brands like Colt 45, St. Ides, and Country Club, which were forced to discontinue their 40-ounce bottles. The law also affected major domestic beer brands, with Anheuser-Busch discontinuing larger bottles of Budweiser, Bud Light, and King Cobra malt liquor. Similarly, Pabst Brewing Company pulled 40-ounce bottles of Colt 45, Old Milwaukee, and Schlitz Malt Liquor from Alabama shelves.

While the bill was successful in reducing the availability of 40-ounce beers in Alabama, it did not address the underlying issues associated with public drunkenness and alcohol abuse. Critics also argue that the bill unfairly discriminates against specific demographics and that Alabama continues to lead the nation in drunk driving deaths even after the bill's passage. There have been efforts to repeal the bill, but it remains in effect to this day.

Alabama's high alcohol taxes

Alabama has some of the highest state taxes on alcohol in the United States. The state's excise taxes on alcohol are applied on a per-unit basis and are typically collected from the merchant, who then passes the cost on to the consumer in the form of raised alcohol prices.

Alabama's primary excise taxes on alcohol are levied on wine, beer, and liquor (including most hard alcohols). The state's wine tax is $1.70 per gallon, while the beer tax is $0.53 per gallon. In addition, Alabama's general sales tax of 4% also applies to the purchase of wine, beer, and liquor.

For beer, specifically, Alabama charges a state excise tax of $0.53 per gallon, plus Federal excise taxes, for all beer sold in the state. There is also an additional tax of $0.52 per gallon levied statewide. The state's $.05 tax per 12 ounces of beer is distributed as follows:

• $.02 to the Education Trust Fund
• $.015 to the State General Fund
• $.01 to the Department of Human Resources
• $.005 to wet counties

In 1989, Alabama also enacted the Gourmet Bottle Bill, which banned the sale of beer and malt liquor in containers over 25.4 ounces (750 ml). This law effectively outlawed the sale of 40-ounce beers, which were once popular in low-income urban areas and ingrained in hip-hop culture. While 40-ounce beers are no longer available in Alabama, they can still be found in other states, including Tennessee, Georgia, Illinois, Virginia, and Ohio.

Alabama's dry counties

Alabama has a rich history of dry counties, where the sale of alcohol was prohibited. In 2016, Clay County was the last completely dry county in the state to legalise alcohol sales. While the county itself was dry, two of its cities, Lineville and Ashland, allowed the sale of alcohol. This dynamic, where dry counties contain wet cities, is not uncommon in Alabama.

The decision to be a wet or dry county is often carried out on a highly local level, and in the US, only seven states still have completely dry counties. Alabama's dry counties have been a source of controversy, with critics arguing that such laws unfairly target low-income communities and racial minorities.

In addition to its dry county regulations, Alabama also has strict laws governing the size of alcohol containers. In 1989, the state enacted the Gourmet Bottle Bill, which banned the sale of beer and malt liquor in containers over 25.4 ounces (750 ml). This law effectively outlawed the sale of 40-ounce beers, which were popular in the 1980s and 1990s. While some states, like Illinois, Virginia, Tennessee, and Georgia, still sell 40-ounce beers, they are not available for purchase in Alabama.

Alabama's law on transporting alcohol

Alabama has a strict set of laws regarding the transportation of alcohol. Firstly, it is illegal to possess an open alcohol container in the "passenger area" of a motor vehicle that is on a public roadway. This law applies to everyone inside the car, including the driver and passengers, and extends to parked vehicles. Alabama defines "alcoholic beverage" as any drinkable liquid that contains at least 0.5% alcohol, including beer, malt beverages, wine, distilled spirits, and mixed drinks.

There are, however, some exceptions to these open container restrictions. For example, the law does not apply to passengers in certain types of vehicles, such as statutorily authorized for-hire vehicles and buses operated by a holder of a commercial driver's license. Additionally, passengers in the living quarters of a mobile home or camper are exempt. The law also does not apply to items stored in the trunk or luggage compartment of a car, or in the bed of a truck or a locked compartment behind the front seat of a pickup truck. If an open container is unknown to the driver and inaccessible, they are not guilty of the violation. Finally, the law does not apply to vehicles that are parked away from public right-of-ways and are not running.

Alabama also has specific laws regarding the transportation of alcohol by manufacturers, importers, and wholesalers. It is unlawful for these entities to sell, trade, or barter alcoholic beverages between 9:00 p.m. on Saturday and 2:00 a.m. on Monday. Additionally, they are required to deliver alcoholic beverages only in vehicles bearing the information on each side of the vehicle as required by the board.

Alabama has a government monopoly on the sale of wine with an alcohol content of 14% or higher and all distilled spirits, including whiskey, rum, vodka, bourbon, and gin. Grocery and convenience stores may sell wine with less than 14% alcohol content and beer with less than 6% alcohol content. It is illegal to serve alcoholic beverages after 2:00 a.m. in Alabama.

In terms of purchasing alcohol, Alabama law prohibits the sale of alcohol to anyone under the age of 21, including active members of the U.S. military. It is also illegal for anyone under 21 to drive with a blood alcohol concentration (BAC) over 0.02%.

Alabama has a number of dry counties and towns where the sale of alcohol is prohibited. It is illegal for people under 21 to buy or attempt to buy alcohol in these areas, and the use of a false ID is a crime.

When it comes to bottle sizes, Alabama enacted the Gourmet Bottle Bill in 1989, which banned the sale of beer and malt liquor in containers over 25.4 ounces (750 ml). This law effectively outlawed the sale of 40-ounce beers and larger bottles in the state.

Beer bottle sizes in other states

Beer bottle sizes vary across the United States, with some states imposing restrictions on the maximum bottle size. Here is a breakdown of beer bottle sizes in different states:

Alabama

In Alabama, a law called the Gourmet Bottle Bill was enacted in 1989, banning the sale of beer and malt liquor in containers exceeding 25.4 ounces (750 ml). This law effectively prohibited the sale of 40-ounce beers, also known as "forties," in the state.

Missouri

Missouri previously had a unique law that allowed the sale of single 12-ounce bottles of beer while requiring bigger bottles to be sold in packs of at least three. However, this law has since been changed, and Missouri now permits the sale of individual large bottles of beer.

Florida

Florida has a quirky law regarding beer container sizes. Beer can be sold in containers smaller than 32 ounces or larger than 128 ounces, but the standard 64-ounce growler size is prohibited. As a result, craft beer enthusiasts who prefer the 64-ounce format are often frustrated.

Indiana

Indiana has a law that mandates grocery stores, convenience stores, and pharmacies to sell beer at room temperature. Interestingly, liquor stores are exempt from this regulation, and they are allowed to sell chilled beer.

Massachusetts

Massachusetts was a pioneer in the movement to ban happy hours, having implemented a broad prohibition on the practice in 1984. This law remains in place today, and the state continues to uphold strict regulations on drink promotions.

Colorado

Colorado enforces specific alcohol content restrictions for beer sold in supermarkets and convenience stores. These stores are only permitted to sell beer with an alcohol content of 3.2% by weight or lower. Higher-alcohol beers are exclusively sold in liquor stores and licensed establishments.

Utah

Utah enforces a unique law regarding the purchase of alcohol in restaurants. Patrons must also order food with their alcoholic beverage, and servers are required to confirm food orders before serving alcohol.

Nationwide Availability of 40-Ounce Beers

While the availability of 40-ounce beers has declined, they can still be found in most states across the country. Popular brands like Budweiser, Bud Light, Olde English 800, Colt 45, and Steel Reserve continue to offer their beers in this supersized format. However, some brands, such as Coors and Miller, have discontinued their 40-ounce options.

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