Alabama § 28-12-45 - Guidelines on Retail Establishments.

§ 28-12-45. Guidelines on Retail Establishments.

(a) Other than pharmacies selling topical or sublingual consumable hemp products pursuant to subsection (b) and retail food stores selling beverage consumable hemp products pursuant to subsection (c), all retailer establishments must be restricted so that only those individuals 21 years of age or older are permitted to enter and the establishment has its own dedicated public entrance. Except as provided in subsection (b) and (c), the board shall only issue retailer licenses to persons:

(1) That have a valid retail liquor license from the board which authorizes off-premises consumption only;

(2) That have a valid permit from the board to operate as a specialty retailer of electronic nicotine delivery systems pursuant to Section 28-11-7.1; or

(3) That only sell consumable hemp products.

(b) Topical and sublingual consumable hemp products may be sold in a pharmacy licensed by the Alabama State Board of Pharmacy, provided the pharmacy obtains a consumable hemp product retailer license from the Alcoholic Beverage Control Board and complies with this chapter and rules of the board. Any topical consumable hemp product sold in a pharmacy must be sold by a licensed pharmacist or by a pharmacy technician or employee who is under the direct supervision and control of a licensed pharmacist. This subsection does not prohibit a retailer described in subsection (a) from selling topical or sublingual consumable hemp products in that retailer’s licensed premises.

(c)(1) Consumable hemp products that are beverages may be sold in a retail food store, provided the retail food store obtains a consumable hemp product retailer license from the board and complies with this chapter and rules of the board. Consumable hemp product beverages sold in a retail food store must be kept in an area that is: (i) separated from nonalcoholic beverages or beverages intended for children; (ii) behind glass; and (iii) demarcated by a sign indicating that the beverages contain hemp-derived compounds. This subsection does not prohibit a retailer described in subsection (a) from selling consumable hemp product beverages in that retailer’s licensed premises.

(2) For purposes of this subsection, “retail food store” means any store commonly known as a supermarket, food store, or grocery store, primarily engaged in the retail sale of a variety of canned goods, frozen foods, nonalcoholic beverages, dry goods, either packaged or in bulk, and fresh produce or meats, and the store dedicates: (i) a minimum of 75 percent of the store’s selling area to the sale of food items listed in this subdivision; and (ii) at least 14,000 square feet of the store’s footprint to the sale of food items listed in this subdivision.

(d)(1) A retailer described in subsection (a) shall maintain at its licensed premises a minimum of 500 square feet of sales and service area. A retailer may not include in the calculation of sales and service area any areas that are not open to customers or not used for sales or displaying consumable hemp products, such as office space or storage.

(2) A retailer must have an employee present in the sales and service area of the licensed premises at all times the premises is open to customers.

(3) The purchase of all consumable hemp products must take place in the licensed premises.

(e) A retailer shall display the retailer license in the licensed premises in a conspicuous manner.