Theo Nash
In 2017, Alabama passed SB-322, allowing Smith Lake marinas with on-site restaurants to serve alcohol to patrons. However, it is still illegal to operate a boat or watercraft while under the influence of alcohol in Alabama, with penalties including fines, suspension of operator certification, and imprisonment. So, while you can now drink a beer with your meal at a marina on Smith Lake, you cannot take that drink with you onto a boat.
| Characteristics | Values |
|---|---|
| Location | Smith Lake, Alabama |
| Applicable to | Marinas with on-site restaurants |
| Requirements | At least 30 boat slips, seating capacity of 100 (50 inside), ABC Board approval, business license from the local governing body |
| Alcohol sales | Allowed for on-site consumption only, including on Sundays |
| Alcohol possession on boats | Illegal |
| Penalties for non-compliance | Loss of license, civil liability, fines, imprisonment, loss of boating privileges |
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What You'll Learn
Alabama's Smith Lake alcohol laws
Alcohol Sales and Service
Senate Bill 322 (SB-322), passed by the Alabama Legislature, permits the sale and service of alcohol at marinas on Smith Lake. This legislation applies to marinas with on-site restaurants, even if they are located in dry counties. To qualify for alcohol service, marinas must meet several requirements, including having at least 30 boat slips and a restaurant with a seating capacity of no less than 100 individuals, with specific requirements for indoor seating. The restaurant must also obtain a business license from the local governing body, typically the county, and comply with additional regulations determined by the same authority.
Consumption Restrictions
While alcohol sales and service are now permitted at Smith Lake marinas, there are strict restrictions on consumption, particularly regarding watercraft. It is illegal to possess or consume alcohol while operating or being in physical control of any boat or marine transportation device on Smith Lake. This includes water skiing, aquaplaning, or similar activities. The law enforces a Blood Alcohol Concentration (BAC) limit of 0.08 or higher to define intoxication. Refusal to submit to a breathalyzer or approved test can result in penalties, including fines, imprisonment, and the suspension of boating privileges.
Economic Impact
The legislation has been praised for its potential economic benefits to the region. It is believed that the sale of alcohol will attract more corporate players and boost local economies. The increased tax revenue and development opportunities are expected to positively impact the tricounty region surrounding Smith Lake.
Sunday Sales
SB-322 also allows for the sale and consumption of alcohol on Sundays, even if prohibited in the surrounding areas. However, this applies only to on-premises consumption at restaurants within the designated community development districts and does not include carry-out sales from liquor or convenience stores.
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Drinking on boats
Senate Bill 322 (SB-322):
SB-322, passed in 2017, introduced a set of changes to the rules surrounding alcohol consumption on Smith Lake. This bill designated specific commercial areas around the lake as community districts, allowing for the sale and consumption of alcohol in these designated areas. The bill's impact extended to marinas, which, for the first time, could serve alcoholic beverages to their customers. However, this new freedom came with stringent requirements and conditions that marina owners had to meet.
Requirements for Marinas Serving Alcohol:
For a marina on Smith Lake to obtain a license to serve alcohol on-site, it must fulfill several criteria as outlined in SB-322. Firstly, the marina must have a minimum of 30 boat slips. Additionally, the marina should own a restaurant on the premises with a seating capacity of no less than 100 individuals, including at least 50 seats for indoor dining. The restaurant is also required to obtain a business license from the local governing body, typically the county, which holds primary jurisdiction over the property.
It is important to note that the bill's provisions for alcohol service at marinas do not extend to carry-out sales at liquor or convenience stores. The focus is on providing a controlled environment for on-site consumption, ensuring that boaters do not operate watercraft under the influence of alcohol. This distinction is a critical aspect of the legislation, aiming to strike a balance between economic development and public safety on the lake.
Despite the changes brought about by SB-322, it remains illegal to possess or operate a watercraft while under the influence of alcohol on Smith Lake. Law enforcement officers in Alabama have the authority to stop and board any boat to ensure compliance with state and federal laws. They can also administer alcohol and drug tests if they have probable cause to believe that an operator is impaired. The penalties for boating under the influence can include fines, imprisonment, and the loss of boating privileges.
In conclusion, while the consumption of alcohol on boats in the context of Smith Lake has seen some relaxation with the passing of SB-322, it is crucial to emphasize the ongoing importance of responsible drinking and adherence to legal requirements. Boaters must remain mindful of the laws governing alcohol consumption and operation of watercraft to ensure their safety and compliance with the regulations in this area.
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Marina requirements
In 2017, the Alabama Legislature passed SB-322, which designates commercial areas around Smith Lake as community districts. This bill allows six marinas on Lewis Smith Lake to serve alcohol for the first time. This legislation is significant as Smith Lake is located in dry counties—Cullman, Walker, and Winston—where the sale of alcohol is typically prohibited.
To serve alcohol on-site, marinas must meet specific requirements:
- They must have a minimum of 30 boat slips.
- They must own a restaurant on the premises with a seating capacity of no less than 100 people, including at least 50 indoor seats.
- The marina and restaurant must be under common ownership.
- The restaurant must obtain a business license from the local governing body, typically the county, with primary jurisdiction over the property.
- The restaurant will be subject to additional regulations as determined by the local governing body.
- Each vendor will be required to take training classes to learn the guidelines set by the ABC (Alcoholic Beverage Control) board.
It is important to note that while the sale and consumption of alcohol are permitted within the designated community districts, it is still illegal to operate a boat or be in physical control of any watercraft while under the influence of alcohol in Alabama. The law sets a Blood Alcohol Concentration (BAC) level of 0.08 or higher to define intoxication, and individuals under the influence face penalties, including fines, suspension of boating privileges, and potential imprisonment.
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Alcohol sale restrictions
Firstly, to serve alcohol on-site, a marina must have a minimum of 30 boat slips and own a restaurant with a seating capacity of at least 100 people, with at least 50 of those seats being indoors. The restaurant must also obtain a business license from the local governing body, typically the county, and be subject to additional regulations as determined by the same body. Only one restaurant license per community development district is permitted.
Secondly, while there is no restriction on Sunday sales, the alcohol must be consumed on the premises. Patrons are allowed to walk with their beverages beyond the confines of a restaurant's outdoor patio or deck, as long as they remain within the lawfully designated bounds of the premises. This means that while you can drink with your meal at the marina, you cannot take your drink with you onto a boat on Smith Lake.
It is important to note that it remains illegal to possess or be under the influence of alcohol while operating a watercraft on Smith Lake. The ABC board has strict guidelines in place, and marina owners must adhere to these guidelines to retain their licenses and avoid civil liability. Each vendor is required to take training classes to learn and understand these guidelines.
The legislation surrounding alcohol sales on Smith Lake is expected to have a positive economic impact on the local community, with increased tax dollars from property and sales taxes, as well as increased development in the area.
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Boating under the influence penalties
In 2017, the Alabama Legislature passed SB-322, which allows Smith Lake marinas to serve alcohol. However, it is still illegal to operate a boat while under the influence of alcohol in Alabama, including on Smith Lake.
In Alabama, a person who is convicted of operating a boat while under the influence will face the following penalties:
- A fine
- Imprisonment for up to 1 year (including a mandatory jail sentence of 5 days minimum or community service for a minimum of 30 days)
- Suspension of their operators' certification for 90 days
- Loss of boating privileges
Testing for Alcohol and/or Drug Influence
If law enforcement has probable cause to believe that an operator is under the influence, they are authorised to administer a test using a field breathalyser or other approved device. Refusal to submit to testing will result in the same penalties as for operators of motor vehicles on Alabama state highways, including loss of boating privileges for three months.
Blood Alcohol Concentration (BAC)
In Alabama, a person is considered to be under the influence if their BAC is 0.08 or higher. For those under the age of 21, a BAC of 0.02 or higher is considered legally intoxicated.
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Frequently asked questions
No, it is illegal to possess or be under the influence of alcohol in a watercraft on Smith Lake.
Yes, in 2017, the Alabama Legislature passed SB-322, which allows approved marinas with on-site restaurants to serve alcohol to diners, despite being in a dry county.
To serve alcohol on-premise, a marina must have at least 30 boat slips, own a restaurant on site with seating for at least 100, and meet certain requirements, including ABC Board approval. The restaurant must also get a business license from the local governing body.
In Alabama, a person is considered to be under the influence if their Blood Alcohol Concentration (BAC) level is 0.08 or higher. A person convicted of operating a boat while under the influence will face penalties such as suspension of their operators certification, imprisonment, and fines.
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