Alabama

Smokefree Air

Public Places
No person shall smoke in a public place or at a public meeting except in enclosed, well-ventilated areas designated as smoking areas by the person in charge. Exemptions include retail tobacco stores and tobacco businesses, limousines used under private hire by an individual or corporation, hotel and motel rooms rented to guests, except for those rooms designated by the hotels and motels as no smoking rooms. Nothing in this section shall be construed to prevent any owner, operator, manager,
or other person who controls any establishment
or facility from declaring and enforcing a nonsmoking policy in the entire establishment or facility.
ALA. CODE § 22-15A-1 et seq. (2003).
Government Buildings
Smoking is prohibited except in designated enclosed
and well-ventilated areas excluding private offices.
ALA. CODE § 22-15A-1 et seq. (2003).
Private Workplaces
Employers having a closed place of employment must have a written smoking policy that contains
at a minimum: the right of an employee to declare his work area as nonsmoking; smoking shall be prohibited in all common work areas unless a majority of the workers who work in that area agree that a smoking area will be designated; the smoking policy shall be communicated
to all employees within three weeks of its adoption and all employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee; every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area.
ALA. CODE § 22-15A-1 et seq. (2003).
Schools
Smoking is prohibited except in enclosed and well-ventilated areas at schools, other school facilities or enclosed school-sponsored events for grades K-12.
ALA. CODE § 22-15A-1 et seq. (2003).
Child Care Facilities
Smoking is prohibited except in designated enclosed
and well-ventilated areas in child care facilities.
ALA. CODE §§ 22-15A-1 et seq. (2003).
Health Care Facilities
Smoking is prohibited except in designated enclosed
and well-ventilated areas in most health care facilities. Smoking by patients in a chemical dependency treatment program or mental health program may be allowed in a separated well-ventilated area.
ALA. CODE § 22-15A-1 et seq. (2003).
Restaurants
A smoking area may be provided. If any restaurant is deemed by its owner as being too small to have a designated smoking area, it shall be left up to the discretion of the owner if the facility will be a “smoking” or a “nonsmoking” facility.
ALA. CODE § 22-15A-1 et seq. (2003).
Bars
Bars and lounges are exempt from the restrictions on smoking in public places.
ALA. CODE § 22-15A-1 et seq. (2003).
Penalties/Enforcement
Any person who violates this act commits a violation,
punishable by a fine of $25 for each violation. Violations by specific public places incur, after a 30-day warning to comply, a fine of no more than $50 for the first violation, no more than $100 for the second violation, and no more than $200 for the third violation. The Alabama Department of Public Health enforces this law, and shall adopt, in consultation with the State Fire Marshal, rules specifying procedures to be followed by enforcement
personnel in investigating complaints and notifying alleged violators and rules specifying procedures by which appeals may be taken by aggrieved parties.
ALA. CODE §§ 22-15A-1 et seq. (2003).
Preemption
No specific provision concerning preemption in state law; local communities are allowed to pass stronger smokefree ordinances.

Tobacco Excise Taxes

Cigarettes
Tax rate per pack of 20: 42.5 cents
Date last changed: May 18, 2004 — from 16.5 cents to 42.5 cents
Year first enacted: 1927
ALA. CODE § 40-25-2 (2004).
The state cigarette tax revenue is split into two separate parts. 38.82 percent of the cigarette tax revenue is distributed as follows:
1) 6.06 percent to the State Public Welfare Trust Fund;
2) 9.09 percent to be used for the following purposes in the following order: 1) as much as is necessary to pay the principal and interest that will mature during the then current fiscal year on certain bonds issued by the State Industrial Development Authority; 2) any remaining revenue goes into a special fund designated the “General and Mental Health Fund”;
3) 12.12 percent to be used for the following purposes in the following order: 1) as much as is necessary to pay, at their respective maturities, the principal and interest that will mature during the then current fiscal year on bonds issued for acquisition
and construction of mental health facilities or bonds issued by the Alabama Mental Health Finance Authority; 2) any remaining revenue is put into the “General and Mental Health Fund”;
4) 6.06 percent for the following purposes in the following order: 1) as much as is necessary to pay the principal and interest that will mature during
the then current fiscal year on all bonds that may be issued by the State Parks Development Authority; 2) any remaining revenue is designated to a special fund called the “State Parks Fund”;
5) 67.67 percent to the General Fund.
The remaining 61.18 percent of all cigarette tax revenue is allocated as follows: 1) up to $2 million received annually shall be allocated to the various counties of the state levying a cigarette tax to offset
the administrative expenses of obtaining local stamps to affix to cigarettes sold in their jurisdiction
for the purpose of collecting their local cigarette
tax and to provide a discount to wholesalers and jobbers for affixing such stamps;
2) all remaining revenue goes to the General Fund to be used for Medicaid Services.
ALA. CODE § 40-25-23 (2004).
Revenue Collected
Revenue collected from the cigarette tax in FY2006 (October 1, 2005 to September 30, 2006): $151,012,000
Other Tobacco Products
Chewing tobacco: 1.5 cents per ounce;
Snuff: 1 cent to 8 cents, depending on the weight, for up to 6 ounces; 12 cents for each ounce or fractional part thereof over 6 ounces;
Little Cigars (not weighing more than 3 pounds per thousand): 4 cents per each 10 cigars or fractional
part thereof;
All other Cheroots, Stogies & Cigars: $3.00 to $40.50 per thousand depending on the price they retail for;
Smoking Tobacco: 4 cents to 21 cents, depending on the weight, for up to 4 ounces; 6 cents for each ounce or fractional part thereof over 4 ounces
ALA. CODE § 40-25-2 (2004).
All revenue derived from the taxes on tobacco products other than cigarettes is credited to the General Fund.
ALA. CODE § 40-25-23 (2004).

Youth Access

Age Restrictions on Sales of
Tobacco Products

Minimum age for sales of tobacco products: 19
Compliance/Enforcement
The Alabama Alcoholic Beverage Control Board shall enforce state and federal laws that prohibit the distribution of tobacco or tobacco products to minors. The board will have the authority to conduct annual random compliance tests to assure compliance with state and federal laws regarding the distribution of tobacco products to minors. Minors may be enlisted to attempt to purchase tobacco products, provided they have written consent of a parent or legal guardian and are directly supervised by a sheriff or head of police. If questioned about their age during an attempt to purchase or receive tobacco products, a minor shall state their true age. A photograph or video recording of any minor assisting in an inspection or enforcement action shall be taken prior to the investigation. The appearance of a minor participating
in an inspection or enforcement action shall not be altered at the time of the inspection. The minor shall be under the age of 18.
ALA. CODE §§ 28-11-3 & 28-11-4 (1997).

Penalties for Sales to Minors
Any person who sells, barters, exchanges or gives to any minor any cigarettes, cigarette tobacco or cigarette paper or any substitute for either of them shall, on conviction, be fined not less than $10 or more than $50 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 30 days.
ALA. CODE § 13A-12-3 (1975).
The Alabama Alcoholic Beverage Control Board upon finding that a permit holder or any partner, member, employee, officer, or director of the permit holder has violated any of the laws of this state relating to the manufacture, sale, possession, or transportation of tobacco or tobacco products may upon due notice and hearing, levy administrative
fines or suspend or revoke the permit issued by the board, or a combination of all three. For a first violation, an administrative fine of up to $200, or the permit holder may be offered an opportunity
to provide training sessions administered by the Responsible Vendor Program in lieu of an administrative fine; for a second violation within a two year period, an administrative fine of not more than $400; for a third violation within two years, an administrative fine of not more than $750; and for a fourth and subsequent violation within two years, an administrative fine of up to $1,000 and the permit may be suspended or revoked. The maximum length for suspension or revocation of a permit is one year.
ALA. CODE § 28-11-9 (1997).

Penalties to Minors
It is unlawful for any minor to purchase, use, possess,
or transport tobacco or tobacco products within this state. It shall not be unlawful for a minor employee of a tobacco permit holder to handle, transport, or sell tobacco or tobacco products if the minor employee is acting within the line and scope of employment and the permit holder, or an employee of the permit holder who is 21 years of age or older, is present. Minors shall be fined no less than $10 and no more than $50 for each violation.
ALA. CODE §§ 28-11-13 & 28-11-14 (1997).

Internet Sales
No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum age. No person, other than a delivery service, shall mail, ship, or otherwise cause to be delivered a shipping package in connection with a delivery sale unless the person, prior to the first delivery sale obtains from the prospective consumer a written
certification which includes a statement signed by the consumer that certifies the consumer’s current
address and that the consumer is at least the legal minimum age. The person makes a good faith effort to verify the date of birth of the customer against a commercially available database or by obtaining a photocopy or other image of a valid, government-issued identification stating the date of birth or age of the prospective consumer. The person receives payment for the delivery sale from the prospective consumer by a credit or debit card that has been issued in the consumer’s name, or by check, or other written instrument in the consumer’s
name. The person must also use a method of mailing, shipping, or delivery that requires the consumer’s signature before the shipping package
is released to the consumer; and must ensure the package is not delivered to a post office box. Violation of any of these provisions is a Class A misdemeanor, and is also subject to revocation of any license or permit pertaining to the sale or distribution
of cigarettes or other tobacco products.
ALA. CODE §§ 13A-12-3.1 to 13A-12-3.7 (2006) & 8-9-12(b) (2002).

Licensing Requirements
Requirements
Retailers and wholesalers must obtain a privilege license to sell tobacco products.
ALA. CODE §§ 40-12-72 & 40-12-73 (1940).
Any person who distributes tobacco or maintains a tobacco vending machine must obtain a permit from the Alabama Alcoholic Beverage Control Board for each location or vending machine. A permit is nontransferable and must be renewed annually. Failure to obtain or display a valid permit
is a misdemeanor offense subject to a fine of not less than $100 or more than $500 for the first offense and not less than $500 and not more than $1,500 for subsequent offenses.
ALA. CODE §§ 28-11-7 & 28-11-8 (1997).
Fee
$2 to $15 annually for a retail license, depending
on the population of the city or town where tobacco products are being sold, $100 for a wholesale license, plus $5 to each county where a wholesaler does business.
ALA. CODE §§ 40-12-72 & 40-12-73 (1940).
L
icense Suspension for Sales to Minors
The Alabama Alcoholic Beverage Control Board upon finding that a permit holder, or any partner, member, employee, officer, or director of the permit
holder, has violated any of the laws of this state or the United States relating to the sale of tobacco, may, upon due notice and hearing, levy administrative
fines or suspend or revoke the permit issued by the board upon a fourth or subsequent violation within two years.
ALA. CODE § 28-11-9 (1997).

Tobacco Liability

Industry Protection
In civil litigation under any legal theory involving
a signatory, a successor of a signatory, or an affiliate of a signatory to the Master Settlement Agreement the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed $125 million, regardless of the amount of the judgment. If an appellee proves by a preponderance
of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.
ALA. CODE § 6-12-4 (2006).

Tobacco Control Program Funding/Tobacco Settlement

Tobacco Control Program Funding
Allocated $766,811 to tobacco control and prevention
programs from the state’s annual MSA payment and the state general fund.
FY2008 MSA Payment Annual Budget (H.B. 211) enacted 6/14/07 and effective 10/1/07 & FY2008 General Appropriations (H.B. 208) enacted 6/7/07 and effective 10/1/07.
Each year the legislature enacts a separate bill allocating
some of the state’s annual Master Settlement Agreement payments to the Children’s First Trust Fund. Up to $225,000 per fiscal year is provided for administration of the trust fund. Of the remaining
revenue, 10 percent goes to the Department of Public Health for the state Children’s Health Insurance Program, tobacco control and prevention
programs for youth, and the Alabama Qualified Health Center Grant Program; 22 percent to the state Board of Education; 20 percent to the Alabama Department of Human Resources; 5 percent to the Children’s Trust Fund; 5 percent to the State Multiple Needs Children’s Fund; 5 percent to the Department of Mental Health and Mental Retardation; 10 percent to the Juvenile Probation Services Fund; 17 percent to the Department of Youth Services; 3.5 percent to the Medicaid Agency; 1 percent to the Alcoholic Beverage Control Board which includes enforcement
of youth access to tobacco laws; 1 percent to the Department of Forensic Sciences; and 0.5 percent to the Department of Rehabilitation Services. To get more details on the specific programs
funded, see the statutory language.
ALA. CODE §§ 41-15B-2.1 & 41-15B-2.2 (1999).
Alabama has pledged $13 million per year of its Master Settlement Agreement payments to the Alabama 21st Century Fund to pay for bonds issued by the Alabama 21st Century Authority. The Alabama 21st Century Authority has been authorized to issue bonds in the amount of $103,760,000 for the purpose of promoting economic
development and industrial recruitment as specified by the Legislature from time to time by separate act. The Alabama 21st Century Fund may invest the funds until such time as they are needed to pay the principal, interest or premium on the above-issued bonds. Excess funds may also be transferred to the State Treasury by act of the legislature. The $13 million allocation will remain steady through 2018.
ALA. CODE §§ 41-10-620 et seq. (2001).
Non-Monetary Provisions
The Children First Trust Fund was established in 1999 to receive a portion of Alabama’s annual Master Settlement Agreement payments. The Alabama Children’s Policy Council oversees the trust fund. No monies shall be withdrawn or expended
from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this chapter. Any monies
remaining in the fund at the end of any fiscal year remain in the trust fund.
ALA. CODE §§ 41-15B-1 et seq. (1998).

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