AGO 1996-119.

• Case Date: January 31, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-119. January 31, 1996Honorable Robert B. Leavell Administrator, Alabama Alcoholic Beverage Control Board 2715 Gunter Park Drive, West Montgomery, AL 36l09 Alcoholic Beverage Control Board - Evidence - Tobacco Products - GamblingThe ABC Board may expend "cost of evidence" funds for alcoholic beverage and tobacco products related to enforcement activities, but not for enforcement of gambling/gaming/betting activities.Dear Mr. Leavell: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1. Per the language of Section 28-3-55, Code of Alabama 1975, may the Alabama Alcoholic Beverage Control Board expend "cost of evidence" funds for: A. Expenditures associated with enforcement of alcoholic beverage laws? B. Expenditures associated with enforcement of laws restricting access of tobacco to minors? C. Expenditures associated with enforcement of laws pertaining to gambling/gaming/betting within this state? FACTS, LAW AND ANALYSIS Section 28-3-55, Code of Alabama 1975, reads in pertinent part, as follows: "The law enforcement division of the Alabama alcoholic beverage control board, for the procurement of evidence to aid in drug and narcotic criminal enforcement of the laws of this state, is hereby authorized to establish a fund known as the 'cost of evidence' fund in the amount of $50,000.00 . . ." (Emphasis added.) Traditionally, and for the most part, this "cost of evidence" fund has been used by ABC Board authorities for undercover operations associated with drug and narcotic activities. Since 1994, the ABC Board has been assigned, by the Office of the Attorney General and Governor, additional enforcement and educational responsibilities in the areas of: (1) restricting tobacco access to minors, and (2) gambling/gaming/betting within this state. No additional monies have been appropriated nor allocated to the Board or its Enforcement Division by the Legislature, nor other sources, for the additional costs associated with these new tasks. In light of the aforementioned statute and its language restricting the use of said funds to "drug" and "narcotic" criminal enforcement of the laws of this state, the ABC Board is uncertain as to whether it may appropriate said funds for: (1) expenditures associated with enforcement of...