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.
§ 28-4-3. Applicability of laws as to possession, transportation or delivery of prohibited liquors to possession or receipt of wine, pure alcohol, etc., for sacramental purposes, domestic use, etc., 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.
§ 28-4-31. Exhibition of signs containing names of prohibited liquors or beverages or employment of certain words in designating business by dealers in beverages; use of evidence thereof in prosecutions against dealers for sale, offer for sale, etc., 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.
§ 28-4-116. Conduct of business of delivering, transporting, storing or warehousing prohibited liquors and beverages by transfer, warehouse, etc., companies; forfeiture of charter of corporations violating provisions of section.
§ 28-4-117. Procedure for shipment, delivery, etc., of alcohol and wine to persons for sacramental or nonbeverage use - Preparation of affidavit by person desiring to receive shipment; copy of affidavit to be attached to container in which wine or alcohol shipped.
§ 28-4-118. Procedure for shipment, delivery, etc., of alcohol and wine to persons for sacramental or nonbeverage use - Maintenance of record of delivery by carrier generally; certificate to be filed with Alcoholic Beverage Control Board stating name of receiver, quantity and character of wine or alcohol, purposes for which received, etc.; inspection of books and records of carrier generally.
§ 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.
§ 28-4-127. Duty of common carrier, etc., to file with Alcoholic Beverage Control Board statement showing date of delivery, name and address of consignee and consignor, kind and amount, etc., of liquor delivered.
§ 28-4-128. Alcoholic Beverage Control Board to make written demand for statement upon failure of common carrier, etc., to file same; notification of Attorney General of further refusal or neglect to file statement; institution of proceedings for mandamus or injunction by Attorney General.
§ 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.
§ 28-4-156. Physicians to file affidavit with probate judge before authorized to prescribe alcohol for medicinal purposes; form of affidavit; fee of probate judge for filing and recordation of affidavit.
§ 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.
§ 28-4-160. Time for filling of prescription; limitation as to amount of alcohol sold and delivered on prescription; disposition of prescription when filled by druggist; filling of prescription at certain drugstores in which prescribing physician has financial, etc., interest.
§ 28-4-161. Recordation, etc., by probate judge of statements or prescriptions required to be filed by article; fee of probate judge; evidentiary effect of certified copy of statement or prescription.
§ 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.
§ 28-4-200. Possession of certain quantities of state tax-paid alcoholic beverages for private use permitted; storage, possession, etc., of alcoholic beverages in passenger area of vehicles or in view of passengers.
§ 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.
§ 28-4-255. Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Examination of and taking of depositions from complainant and witnesses; contents of depositions.
§ 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.
§ 28-4-265. Liquors and beverages, etc., seized not to be recovered by writ of replevin or detinue during pendency of proceedings under article; final judgment of condemnation to bar actions to recover liquors and beverages, etc., seized, etc.
§ 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.
§ 28-4-272. Forfeiture and condemnation proceedings generally - Persons not to be excused from attending and testifying or producing books, papers, etc., at hearing or trial; immunity from prosecution as to transactions, etc., as to which testimony or documents produced.
§ 28-4-273. Forfeiture and condemnation proceedings generally - Conduct of hearing or trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and beverages; disposition of funds paid into court by Alcoholic Beverage Control Board.
§ 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.
§ 28-4-277. Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Persons entitled to appeal; bond for costs of appeal required; right to jury trial; proceedings in circuit court.
§ 28-4-278. Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Issuance of order for delivery of liquors and beverages, etc., to Alcoholic Beverage Control Board or for restoration of same to place or person from which or from whom seized upon entry of final judgment in proceedings under article.
§ 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.
§ 28-4-282. Appliances used, etc., for distillation or manufacture of prohibited liquors and beverages declared contraband; said appliances and products thereof to be summarily destroyed by sheriffs, etc., finding same; property, etc., where distillery, etc., found forfeited to state.
§ 28-4-283. Enforcement of forfeiture.
§ 28-4-284. Sale of property and disposition of proceeds therefrom.
§ 28-4-285. Conveyances, vehicles of transportation or animals used for illegal conveyance of prohibited liquors and beverages declared contraband and forfeited to state; seizure of said conveyances, etc., and reporting thereof by sheriffs, etc., finding same; confiscation and condemnation generally.
§ 28-4-286. Institution of proceedings for condemnation of vehicles, etc.; seized property not to be retaken by replevin or detinue during pendency of action; intervention by parties claiming superior right to seized property; powers of court to regulate proceedings to permit parties claiming vehicles, etc., to assert rights.
§ 28-4-287. Execution of bond by defendant or claimant for recovery of seized vehicle, etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver said vehicle, etc., upon entry of judgment of condemnation.
§ 28-4-288. Execution of bond by defendant or claimant for recovery of seized vehicle, etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc., upon affirmance of judgment upon appeal, etc.
§ 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.
§ 28-4-290. Advertisement and sale by sheriff, etc., of vehicle, animal, etc., seized for illegal transportation of liquor or beverages where owner, etc., cannot be ascertained; rights in seized vehicles, animals, etc., disposed of upon such sale by sheriff or sale by court in condemnation proceedings.
§ 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.
§ 28-4-293. Property rights in prohibited liquors and beverages, vessels, vehicles, etc., kept, used, etc., for purpose of violating temperance laws, etc.; seizure, forfeiture, disposition, etc., of same generally.
§ 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.
§ 28-4-296. Deposit with Alcoholic Beverage Control Board for sale of certain confiscated liquors and beverages; payment to county or municipality by board of reasonable value of liquors and beverages received.
§ 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.
§ 28-4-310. Governor charged with supervision, etc., of enforcement of prohibition laws; Governor may require reports from officers charged with duty of enforcing laws; failure of officer to make report, etc.
§ 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.
§ 28-4-313. Prosecutions for violations of chapter, etc., begun by affidavit or indictment; right of person charged to demand grand jury indictment; continuation of prosecution upon original affidavit; amendment of affidavit or complaint.
§ 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.
§ 28-4-320. Servants, agents, etc., and principals not to be excused from testifying against each other on grounds of self-incrimination; immunity of said persons from prosecution for offenses disclosed, etc.
§ 28-4-321. Contents and sufficiency of charges in indictments, complaints, affidavits, etc., for sale, offer for sale, possession, etc., of prohibited liquors and beverages, etc., generally; proof of charges generally; admissibility in evidence of testimony of persons purchasing, etc., prohibited liquors and beverages, etc.; immunity from prosecution of persons testifying as to violations of chapter, etc.
§ 28-4-322. Several charges may be set out in separate counts in indictments, complaints, etc.; judgment entered and punishment imposed upon each count.
§ 28-4-323. Admissibility and effect of evidence showing similarity in color, odor and general appearance between prohibited liquor or beverage and beverage shown to be manufactured, sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence in proceedings for abatement of liquor nuisances, etc.
§ 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.