Alabama Code (Last Updated: November 28, 2014) |
Title28 INTOXICATING LIQUOR, MALT BEVERAGES AND WINE. |
Chapter4. REGULATION AND CONTROL OF ALCOHOLIC BEVERAGES IN DRY COUNTIES AND DRY MUNICIPALITIES. |
Article 1. General Provisions. |
§ 28-4-1. Definitions. |
§ 28-4-2. Unauthorized possession, sale, delivery, use, etc., of wine or alcohol generally. |
§ 28-4-4. Applicability of chapter. |
§ 28-4-5. Applicability to dry municipalities. |
Article 2. Manufacture, Sale, Offer for Sale, Possession, Distribution, etc., of Prohibited Liquors and Beverages. |
§ 28-4-20. Sale, offer for sale, possession, barter, exchange, etc., of prohibited liquors and beverages. |
§ 28-4-21. Penalties for violations of Section 28-4-20. |
§ 28-4-22. Conduct of business of brewer, rectifier of spirits or retail or wholesale dealer in liquors or malt liquors. |
§ 28-4-23. Keeping, etc., of prohibited liquors and beverages in lockers, rooms, etc., of social clubs, etc.; duty of officers of such clubs, etc., to prevent violations of section. |
§ 28-4-24. Distillation or manufacture of prohibited liquors and beverages. |
§ 28-4-25. Allowance of reward to sheriff or other person furnishing evidence to support conviction for violation of Section 28-4-24. |
§ 28-4-26. Sale, barter, exchange, etc., of prohibited liquors or beverages by person concealing self in house, room, etc. |
§ 28-4-27. Enforcement of Section 28-4-26. |
§ 28-4-28. Storage, etc., of prohibited liquors or beverages by person, etc., engaged in business of selling beverages. |
§ 28-4-29. Solicitation or receipt of order for prohibited liquors or beverages. |
§ 28-4-30. Punishment of agents or assisting friends of buyers or sellers of prohibited liquors and beverages. |
Article 3. Manufacture, Possession, Allowance of Operation by Another, etc., of Still, etc., for Manufacture of Prohibited Liquors or Beverages. |
§ 28-4-50. Manufacture, sale, possession, etc., of still, etc., for manufacture of prohibited liquors or beverages. |
§ 28-4-51. Unexplained possession of part or parts of still, etc., deemed prima facie evidence of violation of Section 28-4-50. |
§ 28-4-52. Penalty for violations of Section 28-4-50. |
§ 28-4-53. Possession of still, etc., by sheriff, etc., enforcing law not deemed violation of Section 28-4-50. |
§ 28-4-54. Allowance of reward to sheriff, etc., furnishing evidence to support convictions for violations of Section 28-4-50. |
§ 28-4-55. Allowance, etc., of operation, etc., of still, etc., upon premises by another. |
Article 4. Maintenance, etc., of Unlawful Drinking Places. |
§ 28-4-70. Prohibited. |
§ 28-4-71. Unlawful drinking places deemed common nuisances; abatement thereof. |
§ 28-4-72. Forfeiture of charters of clubs or incorporated associations violating provisions of Sections 28-4-70 or 28-4-71. |
§ 28-4-73. Sufficiency of charges in informations, indictments, etc.; admissibility of evidence. |
Article 5. Renting or Permitting Use of Premises for Sale, Manufacture, etc., of Prohibited Liquors or Beverages. |
§ 28-4-90. Prohibited. |
§ 28-4-91. Forfeiture of rights of lessee under lease or rent contract. |
§ 28-4-92. Keeping of prohibited liquors or beverages in building not used exclusively for dwelling deemed prima facie evidence of possession for sale. |
§ 28-4-93. Delivery of prohibited liquors or beverages to stores, shops, dwellings, etc., from which sale prohibited deemed prima facie evidence of sale, etc. |
Article 6. Transportation, Delivery and Receipt Generally of Prohibited Liquors and Beverages. |
§ 28-4-110. Carriage, delivery, etc., into state by common carrier, etc., of prohibited liquors and beverages generally. |
§ 28-4-111. Receipt or acceptance from common carrier, etc., of prohibited liquors or beverages generally. |
§ 28-4-112. Receipt, etc., of prohibited liquors and beverages for storage, distribution, etc., for another. |
§ 28-4-113. Acceptance for or shipment, transportation, delivery, etc., of prohibited liquors or beverages from point to point or along public streets or highways within state. |
§ 28-4-114. Transportation and delivery of prohibited liquors and beverages C.O.D. |
§ 28-4-115. Transportation of prohibited liquors or beverages in quantities of five gallons or more. |
§ 28-4-119. Procedure for shipment, delivery, etc., of alcohol and wine to persons for sacramental or nonbeverage use — Labeling of packages or containers of wine or alcohol for sacramental use. |
§ 28-4-120. Transportation from another state, foreign country, etc., or delivery within state of liquors intended to be used in violation of laws of state. |
§ 28-4-121. Delivery from another state, etc., of liquors consigned to fictitious person, firm, etc., or person, firm, etc., under fictitious name. |
§ 28-4-122. Giving of order for receipt, etc., of liquors consigned from another state, etc., to another person by consignee. |
§ 28-4-123. Acceptance of delivery from common carrier, etc., of liquors from another state, etc., with intent to use, etc., same in violation of laws of state. |
§ 28-4-124. Delivery by common carrier, etc., of liquors from another state, etc., to person, etc., other than consignee without written order of consignee therefor. |
§ 28-4-125. Delivery by common carrier, etc., to minor of liquors from another state, etc. |
§ 28-4-126. Presentation, collection, etc., by bank, etc., of draft, bill of exchange, etc., attached to, connected with, etc., bill of lading, order, etc., for prohibited liquors or beverages. |
§ 28-4-129. Filing of statement by board; inspection of statement by district attorney or police officers. |
§ 28-4-130. Board to furnish certified copies of statements to officers, etc.; admissibility in evidence of statements or copies. |
§ 28-4-131. Duty of common carriers, etc., to maintain current record of date of delivery, name and address of consignee and consignor, kind and amount, etc., of liquors delivered. |
§ 28-4-132. Inspection of record by enforcement officers, etc.; acquisition and admissibility in evidence of record. |
§ 28-4-133. Duty of common carriers, etc., to permit examination of books, records, papers, etc., in connection with prosecutions under article, etc. |
§ 28-4-134. Persons not to be excused from testifying before grand juries or at trials for violations of article; immunity from prosecution as to matters disclosed. |
§ 28-4-135. Where certain offenses deemed committed. |
§ 28-4-136. Penalties for violations of provisions of article by railroad companies, express companies, etc.; duties of district attorney in cases of grand jury indictments. |
§ 28-4-137. Applicability of article to interstate transportation of prohibited liquors or beverages. |
Article 7. Sale, Purchase and Prescription of Alcohol by Druggists and Physicians. |
§ 28-4-150. Sales by wholesale druggists generally; said druggists to file monthly statements as to sales with Alcoholic Beverage Control Board. |
§ 28-4-151. Sales by retail druggists generally; use of alcohol by such druggists for compounding of prescriptions, etc. |
§ 28-4-152. Sales by retail druggists of alcohol for use in arts or for scientific or mechanical purposes; execution of statement by persons desiring to purchase alcohol for said purposes. |
§ 28-4-153. Purchase and use of alcohol by physicians. |
§ 28-4-154. Sale of pure alcohol for medicinal purposes to be made only upon prescription of physician; physician to conduct examination prior to issuing prescription. |
§ 28-4-155. Prescription to be based upon professional opinion of physician that alcohol will be used by patient for medicinal purposes. |
§ 28-4-157. Prescription - Contents. |
§ 28-4-158. Prescription - Form. |
§ 28-4-159. Physician to file copy of prescription with probate judge; probate judge to preserve same and deliver to next grand jury for examination. |
§ 28-4-162. Prescription of whiskey, rum, gin, etc., for medicinal purposes. |
§ 28-4-163. Prescription, sale, dispensing, etc., of Jamaica ginger. |
§ 28-4-164. Failure to comply with requirements as to issuance of prescriptions for alcohol, unauthorized use of alcohol, etc., by physicians. |
§ 28-4-165. Sale, delivery, etc., of liquors, etc., to prisoners by persons in charge of jails. |
§ 28-4-166. Penalties for violations of article. |
Article 8. Purchase, Receipt, Possession, Use, etc., of Wine for Sacramental or Religious Purposes. |
§ 28-4-180. Persons authorized to purchase, have shipped, receive, possess and use wine for sacramental or religious purposes. |
§ 28-4-181. Purchase and sale of wine for sacramental purposes. |
§ 28-4-182. Permit from Alcoholic Beverage Control Board to have wine shipped from outside the state - Required. |
§ 28-4-183. Permit from Alcoholic Beverage Control Board to have wine shipped from outside the state - Permit to be used for one shipment only; expiration. |
§ 28-4-184. Carrier, etc., to maintain record of deliveries. |
Article 9. Possession, etc., of Certain Quantities of State Tax-paid Alcoholic Beverages for Private Use. |
§ 28-4-201. Sale or offer for sale or possession in excess of quantity permitted of such alcoholic beverages; penalties for violations of article. |
Article 10. Abatement of Liquor Nuisances. |
§ 28-4-220. Authorization and procedure generally; filing of petition generally. |
§ 28-4-221. Persons, etc., against whom petition may be filed. |
§ 28-4-222. Contents and verification of petition. |
§ 28-4-223. Issuance of preliminary injunction generally. |
§ 28-4-224. Requirement of bond as condition precedent to issuance of preliminary injunction. |
§ 28-4-225. Application for and issuance of writ directing seizure of prohibited liquors and beverages, movable property, etc., used in connection with nuisance pending hearing of action. |
§ 28-4-226. Contents of writ. |
§ 28-4-227. Disposition of liquor and beverages, etc., seized upon final judgment generally - Destruction. |
§ 28-4-228. Disposition of liquor and beverages, etc., seized upon final judgment generally - Restoration to owner. |
§ 28-4-229. Fees and allowances of officers executing writs of seizure; payment of costs in proceedings. |
§ 28-4-230. Persons who may be joined as parties defendant in proceedings and who may be enjoined from maintaining, etc., nuisance. |
§ 28-4-231. Powers of court as to maintenance of jurisdiction and enforcement of judgments generally; rules of evidence, practice and procedure. |
§ 28-4-232. Entry of judgment for abatement of nuisance and destruction of all prohibited liquors and beverages, movable property, etc., used in connection with nuisance. |
Article 11. Forfeiture and Condemnation of Contraband Liquors and Beverages, etc. |
§ 28-4-250. Authorization and procedure generally. |
§ 28-4-251. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Authorization and procedure generally. |
§ 28-4-252. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Persons authorized. |
§ 28-4-253. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Grounds. |
§ 28-4-254. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Standard for issuance; contents of affidavit supporting determination of probable cause. |
§ 28-4-256. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Issuance by judge. |
§ 28-4-257. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Form. |
§ 28-4-258. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Persons authorized. |
§ 28-4-259. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Time. |
§ 28-4-260. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Giving of receipt for prohibited liquors and beverages, etc., seized under warrant. |
§ 28-4-261. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Limitation period for execution and return of warrant. |
§ 28-4-262. Search warrant for seizure of prohibited liquors and beverages, etc., generally — Return of warrant; furnishing of copies thereof to applicant for warrant, etc. |
§ 28-4-263. Issuance, etc., of warrants for search of steamboats, watercraft, depots, railway cars, etc. |
§ 28-4-264. Disposition of property seized by officer under warrant generally. |
§ 28-4-266. Issuance of general notice to persons claiming right, title, etc., in liquors and beverages, etc., seized to appear and show cause why same should not be forfeited and destroyed. |
§ 28-4-267. Delivery to certain persons and posting of copies of notice. |
§ 28-4-268. Answer by persons claiming right, title, etc., in liquors and beverages, etc., seized. |
§ 28-4-269. Forfeiture and condemnation proceedings generally - Issues and parties generally; style of action; trial of action generally. |
§ 28-4-270. Forfeiture and condemnation proceedings generally - Issues, etc., where more than one claimant to liquors and beverages seized. |
§ 28-4-271. Forfeiture and condemnation proceedings generally - Prosecution of action. |
§ 28-4-274. Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal and return of liquors and beverages, etc., to place or person from which or from whom taken generally. |
§ 28-4-275. Forfeiture and condemnation proceedings generally - Apportionment and taxing of costs. |
§ 28-4-276. Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Authorization and procedure generally. |
§ 28-4-279. Forfeiture and condemnation proceedings in circuit courts. |
§ 28-4-280. Allowances and fees of officers executing search warrants and attending and prosecuting forfeiture and condemnation actions for state. |
§ 28-4-281. Correction of defects or irregularities in notice, etc., in forfeiture and condemnation proceedings. |
§ 28-4-283. Enforcement of forfeiture. |
§ 28-4-284. Sale of property and disposition of proceeds therefrom. |
§ 28-4-289. Payment of costs in actions for condemnation of vehicles, etc., used in transportation of prohibited liquors or beverages where judgment entered against state. |
§ 28-4-291. Disposition of proceeds from sale of such property forfeited to state. |
§ 28-4-292. Advertisement and sale of receptacles, etc., of prohibited liquors and beverages. |
§ 28-4-294. Preparation of return by officer seizing prohibited liquors and beverages; officer to report delivery to any person, destruction, etc., of same. |
§ 28-4-295. Disposition of prohibited liquors and beverages held for use as evidence upon conviction of person possessing, etc., same. |
§ 28-4-297. Unlawful disposition, etc., of contraband liquors and beverages by custodian. |
§ 28-4-298. Article not intended to secure search of premises of bona fide druggists or physicians. |
§ 28-4-299. Forfeiture, sale and distribution of proceeds of sale of contraband generally. |
Article 12. Enforcement of Chapter. |
§ 28-4-311. Appointment of inspectors, etc., to detect and report violations of prohibition laws; offer and payment of rewards for convictions of persons violating laws. |
§ 28-4-312. Governor may require Attorney General to prepare instructions for officers of state, etc., for enforcement of laws; publication and distribution of same. |
§ 28-4-314. District attorneys to institute prosecutions for or make reports to grand juries as to violations of prohibition laws. |
§ 28-4-315. Sheriffs to cooperate with district attorneys in prosecutions, etc. |
§ 28-4-316. Grand jury proceedings generally - Effect of failure of person to attend and testify in obedience to summons. |
§ 28-4-317. Grand jury proceedings generally - Offenses as to which witnesses may be required to testify; initial interrogation of witnesses to particular offense not required. |
§ 28-4-318. Grand jury proceedings generally - Exemption from prosecution of witnesses. |
§ 28-4-319. Grand jury proceedings generally - Duty of grand jury to present indictments for violations of laws. |
§ 28-4-322. Several charges may be set out in separate counts in indictments, complaints, etc.; judgment entered and punishment imposed upon each count. |
§ 28-4-324. Issuance of injunctions to prevent violations of chapter, etc. |
§ 28-4-325. Fees of officers making seizures of prohibited liquors. |
§ 28-4-326. Penalties for violations of chapter. |