Code of Alabama - Title 28: Intoxicating Liquor, Malt Beverages and Wine - Chapter 4 - Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities

• Article 1 General Provisions.
• Section 28-4-1 Definitions
  When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) BREWER. Every...
• Section 28-4-2 Unauthorized possession, sale, delivery, use, etc., of wine or alcohol generally
  Any person who shall sell any wine or alcohol in this state for any purpose other than allowed by law or who shall fail to...
• Section 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
  The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or other...
• Section 28-4-4 Applicability of chapter
  Pursuant to the provisions of Sections 28-2-1 and 28-3-18, this chapter shall be applicable in all "dry counties" as the same are defined in Section...
• Section 28-4-5 Applicability to dry municipalities
  This chapter as amended, is hereby amended to make the same consistent with the provisions of Chapter 2A of this title, so that this chapter...
• Article 2 Manufacture, Sale, Offer for Sale, Possession, Distribution, etc., of Prohibited Liquors and Beverages.
• Section 28-4-20 Sale, offer for sale, possession, barter, exchange, etc., of prohibited liquors and beverages
  It shall be unlawful for any person, firm or corporation or association within this state to sell, offer for sale, keep or have in possession,...
• Section 28-4-21 Penalties for violations of Section 28-4-20
  Any violation of Section 28-4-20 shall be a misdemeanor punishable by a fine of not less than $50.00 nor more than $500.00, to which, at...
• Section 28-4-22 Conduct of business of brewer, rectifier of spirits or retail or wholesale dealer in liquors or malt liquors
  It shall be unlawful within this state to carry on the business of a brewer, rectifier of spirits or retail or wholesale dealer in liquors...
• Section 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
  No prohibited liquors and beverages shall be kept or permitted to be kept by members or others in any locker or room of or on...
• Section 28-4-24 Distillation or manufacture of prohibited liquors and beverages
  Any person, firm or corporation who shall, within this state, distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part...
• Section 28-4-25 Allowance of reward to sheriff or other person furnishing evidence to support conviction for violation of Section 28-4-24
  Whenever any person is convicted in the circuit court under Section 28-4-24 of unlawfully distilling or manufacturing or making any of the prohibited liquors or...
• Section 28-4-26 Sale, barter, exchange, etc., of prohibited liquors or beverages by person concealing self in house, room, etc
  Any person who conceals himself in any house, room, booth, enclosure or other place and sells, gives away, barters, exchanges or otherwise disposes of spirituous,...
• Section 28-4-27 Enforcement of Section 28-4-26
  If any person violates a provision of Section 28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction of misdemeanors...
• Section 28-4-28 Storage, etc., of prohibited liquors or beverages by person, etc., engaged in business of selling beverages
  It shall be unlawful for any person, firm or corporation engaged in the business of selling beverages to keep or store on the premises where...
• Section 28-4-29 Solicitation or receipt of order for prohibited liquors or beverages
  Any person who within this state solicits or receives any order for any spirituous, vinous or malt liquors or any other liquors or beverages prohibited...
• Section 28-4-30 Punishment of agents or assisting friends of buyers or sellers of prohibited liquors and beverages
  Any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and...
• Section 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
  No dealer in beverages shall post or place about the premises any sign or signs containing the name of any prohibited liquors or beverages or...
• Article 3 Manufacture, Possession, Allowance of Operation by Another, etc., of Still, etc., for Manufacture of Prohibited Liquors or Beverages.
• Section 28-4-50 Manufacture, sale, possession, etc., of still, etc., for manufacture of prohibited liquors or beverages
  It shall be unlawful for any person, firm or corporation in this state to manufacture, sell, give away or have in possession any still, apparatus,...
• Section 28-4-51 Unexplained possession of part or parts of still, etc., deemed prima facie evidence of violation of Section 28-4-50
  The unexplained possession of any part or parts of any still, apparatus, appliance or any device or substitute therefor commonly or generally used for or...
• Section 28-4-52 Penalty for violations of Section 28-4-50
  Any person, firm or corporation who shall violate any provision of Section 28-4-50 shall be guilty of a felony and, upon conviction thereof, shall be...
• Section 28-4-53 Possession of still, etc., by sheriff, etc., enforcing law not deemed violation of Section 28-4-50
  The possession of any still, apparatus or appliance taken by the sheriff or other person in enforcing the laws of this state shall not be...
• Section 28-4-54 Allowance of reward to sheriff, etc., furnishing evidence to support convictions for violations of Section 28-4-50
  When any person is convicted of violating the provisions of Section 28-4-50, there shall be charged in the bill of cost the sum of $25.00,...
• Section 28-4-55 Allowance, etc., of operation, etc., of still, etc., upon premises by another
  It shall be unlawful for any person, firm or corporation to permit or allow anyone to have, possess, operate or locate on his premises any...
• Article 4 Maintenance, etc., of Unlawful Drinking Places.
• Section 28-4-70 Prohibited
  It shall be unlawful for any person, firm, association or corporation, directly or indirectly, to keep or maintain or in any manner to aid or...
• Section 28-4-71 Unlawful drinking places deemed common nuisances; abatement thereof
  Any place or room kept or maintained in violation of the provisions of this chapter defining unlawful drinking places shall be deemed to be a...
• Section 28-4-72 Forfeiture of charters of clubs or incorporated associations violating provisions of Sections 28-4-70 or 28-4-71
  Any chartered club or incorporated association of persons under the laws of Alabama guilty of violating any of the provisions of Section 28-4-70 or maintaining...
• Section 28-4-73 Sufficiency of charges in informations, indictments, etc.; admissibility of evidence
  In all affidavits, informations, complaints or indictments against any party or parties for maintaining an unlawful drinking place as defined by this chapter, it shall...
• Article 5 Renting or Permitting Use of Premises for Sale, Manufacture, etc., of Prohibited Liquors or Beverages.
• Section 28-4-90 Prohibited
  If any person shall willfully let or suffer any other person, firm or corporation to use any premises which he owns or controls for the...
• Section 28-4-91 Forfeiture of rights of lessee under lease or rent contract
  The unlawful manufacture, sale, keeping for sale, giving away or otherwise disposing of any prohibited liquors or beverages contrary to the law of the state...
• Section 28-4-92 Keeping of prohibited liquors or beverages in building not used exclusively for dwelling deemed prima facie evidence of possession for sale
  The keeping of liquors or beverages that are prohibited by the law of the state to be manufactured, sold or otherwise disposed of in any...
• Section 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
  The delivery of liquors or beverages prohibited by the law of the state to be manufactured, sold or otherwise disposed of in or from any...
• Article 6 Transportation, Delivery and Receipt Generally of Prohibited Liquors and Beverages.
• Section 28-4-110 Carriage, delivery, etc., into state by common carrier, etc., of prohibited liquors and beverages generally
  It shall be unlawful for any common or other carrier or any other person, corporation or association or combination of persons to carry, bring or...
• Section 28-4-111 Receipt or acceptance from common carrier, etc., of prohibited liquors or beverages generally
  No person shall receive or accept any prohibited liquors or beverages from a common carrier or other carrier, except alcohol in accordance with regulations and...
• Section 28-4-112 Receipt, etc., of prohibited liquors and beverages for storage, distribution, etc., for another
  It shall be unlawful for any person, firm, association or corporation to receive for storage, distribution or on consignment for another prohibited liquors and beverages...
• Section 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
  It shall be unlawful for any person, firm, corporation or association, whether a common carrier or not, to accept from another for shipment, transportation or...
• Section 28-4-114 Transportation and delivery of prohibited liquors and beverages C.O.D
  If any prohibited liquors and beverages are delivered to a carrier to be by the carrier transported and delivered C.O.D. to any person at a...
• Section 28-4-115 Transportation of prohibited liquors or beverages in quantities of five gallons or more
  It shall be unlawful for any person, firm or corporation or association within this state to transport in quantities of five gallons or more any...
• Section 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
  No transfer company, traffic company, transportation company, warehouse company or other like corporation chartered under or by the laws of Alabama shall have any right...
• 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
  Any person desiring to have shipped to him under the laws of Alabama alcohol or wine for sacramental use, or for any nonbeverage use specified...
• Section 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
  The common carrier delivering such wine or alcohol shall keep a record thereof and shall file in the office of the Alcoholic Beverage Control Board...
• Section 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
  On the outside of each package or container of alcohol or of wine shipped or sold for sacramental or religious purposes to be shipped, carried...
• Section 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
  It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or...
• Section 28-4-121 Delivery from another state, etc., of liquors consigned to fictitious person, firm, etc., or person, firm, etc., under fictitious name
  It shall be unlawful for any railroad company, express company or any other common carrier or any officer, agent or employee of any of them...
• Section 28-4-122 Giving of order for receipt, etc., of liquors consigned from another state, etc., to another person by consignee
  It shall be unlawful for any person, firm or corporation to whom any such liquor mentioned in Section 28-4-120 has been consigned from any of...
• Section 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
  It shall be unlawful for any person, firm or corporation to accept from any railroad company, express company or other common carrier or any officer,...
• Section 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
  It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or...
• Section 28-4-125 Delivery by common carrier, etc., to minor of liquors from another state, etc
  It shall be unlawful for any railroad company, express company or other common carrier or any person, agent or employee thereof or any other person...
• Section 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
  It shall be unlawful for any bank incorporated under the laws of this state or a national bank or private banker or any individual, firm...
• Section 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
  It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation who shall carry...
• Section 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
  If any person, firm or corporation within the terms of this article shall neglect or refuse to file with the Alcoholic Beverage Control Board such...
• Section 28-4-129 Filing of statement by board; inspection of statement by district attorney or police officers
  It shall be the duty of the board to file immediately the statement required by Section 28-4-127 as a part of the files of its...
• Section 28-4-130 Board to furnish certified copies of statements to officers, etc.; admissibility in evidence of statements or copies
  The Alcoholic Beverage Control Board shall give a certified copy of such statements to any of the officers mentioned in Section 28-4-129 without charge or...
• Section 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
  It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation that shall carry...
• Section 28-4-132 Inspection of record by enforcement officers, etc.; acquisition and admissibility in evidence of record
  The record required by Section 28-4-131 to be kept by common carriers or persons, firms or corporations making delivery of said liquors or any of...
• Section 28-4-133 Duty of common carriers, etc., to permit examination of books, records, papers, etc., in connection with prosecutions under article, etc
  In the prosecutions of violations of this article or any law for the suppression of the evils of intemperance or the promotion of temperance, any...
• Section 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
  No person shall be excused from testifying before the grand jury or at the trial in any prosecution for any violation of provisions contained in...
• Section 28-4-135 Where certain offenses deemed committed
  In all prosecutions under this article for unlawful shipments of the liquors mentioned in Section 28-4-120 into this state, the offense shall be held to...
• Section 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
  (a) Any railroad company, express company or other carrier or any person or corporation violating any of the provisions of this article or failing to...
• Section 28-4-137 Applicability of article to interstate transportation of prohibited liquors or beverages
  The provisions of this article in respect to the transportation of prohibited liquors into the state shall not apply to shipments transported by any railroad...
• Article 7 Sale, Purchase and Prescription of Alcohol by Druggists and Physicians.
• Section 28-4-150 Sales by wholesale druggists generally; said druggists to file monthly statements as to sales with Alcoholic Beverage Control Board
  Wholesale druggists may sell in wholesale quantities to retail druggists, public or charitable hospitals and medical or pharmaceutical colleges pure alcohol for medicinal purposes only...
• Section 28-4-151 Sales by retail druggists generally; use of alcohol by such druggists for compounding of prescriptions, etc
  Any retail druggist in this state who is himself a registered or licensed pharmacist or who regularly employs a licensed or registered pharmacist may sell...
• Section 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
  The retail druggists may sell, in quantities not greater than five gallons, alcohol to be used in the arts or for scientific or mechanical purposes...
• Section 28-4-153 Purchase and use of alcohol by physicians
  Regularly licensed and practicing physicians may purchase grain alcohol or pure alcohol in quantities of not more than one gallon at one time from wholesale...
• Section 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
  No sale of pure alcohol for medicinal purposes shall be made by any person authorized by the law under proper circumstances to make sale of...
• Section 28-4-155 Prescription to be based upon professional opinion of physician that alcohol will be used by patient for medicinal purposes
  No physician shall prescribe alcohol for any patient simply upon the affirmation or statement or promise of said patient that he will use the same...
• Section 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
  (a) Before any physician shall be authorized to prescribe alcohol for medicinal purposes, he shall first file with the probate judge of the county in...
• Section 28-4-157 Prescription - Contents
  Said prescription shall state the disease or ailment from which the patient is suffering and shall prescribe the method of the use or administration of...
• Section 28-4-158 Prescription - Form
  The following form of prescription shall be used: "State of Alabama, ____ County. I, _____, a regularly licensed and practicing physician under the laws of...
• Section 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
  The physician shall immediately file a copy of the prescription, signed by himself, in the office of the probate judge, who shall preserve the same...
• Section 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
  (a) No prescription shall be filled under this article except upon the day upon which it is issued or the following day. (b) No more...
• Section 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
  All statements or prescriptions required by this article to be filed in the office of the probate judge shall be recorded and properly indexed by...
• Section 28-4-162 Prescription of whiskey, rum, gin, etc., for medicinal purposes
  No physician shall prescribe whiskey, rum, gin or brandy or any prohibited liquor for medicinal purposes, except alcohol as provided by law.
• Section 28-4-163 Prescription, sale, dispensing, etc., of Jamaica ginger
  It shall be unlawful for any person to give away the essence, extract or tincture of Jamaica ginger for beverage purposes or for any person,...
• Section 28-4-164 Failure to comply with requirements as to issuance of prescriptions for alcohol, unauthorized use of alcohol, etc., by physicians
  Any physician who issues any prescription containing any false statement or who fails to comply with any requirement of the law in regard to the...
• Section 28-4-165 Sale, delivery, etc., of liquors, etc., to prisoners by persons in charge of jails
  No sheriff, jailer, police officer, marshal or other person in charge of any jail or lockup, under any pretense whatever, shall give, sell or deliver...
• Section 28-4-166 Penalties for violations of article
  Any person who violates any provision of this article shall be guilty of a misdemeanor, when not otherwise expressed, and shall be punished as prescribed...
• Article 8 Purchase, Receipt, Possession, Use, etc., of Wine for Sacramental or Religious Purposes.
• Section 28-4-180 Persons authorized to purchase, have shipped, receive, possess and use wine for sacramental or religious purposes
  The following persons are authorized to purchase, have shipped from outside of the state, receive, accept delivery of, possess and use wines for sacramental or...
• Section 28-4-181 Purchase and sale of wine for sacramental purposes
  It shall be unlawful to sell wine for sacramental purposes, except to a minister, pastor, priest or officer of a regularly organized religious congregation or...
• Section 28-4-182 Permit from Alcoholic Beverage Control Board to have wine shipped from outside the state - Required
  When any such person desires to have shipped from outside of the state wine for sacramental purposes in the usual religious exercises of his denomination,...
• Section 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
  The permit provided for in Section 28-4-182 may be used for only one shipment and shall be void 20 days after the date of issuance.
• Section 28-4-184 Carrier, etc., to maintain record of deliveries
  The carrier or party making delivery must keep a record of all such deliveries of wine for such purposes, subject to the conditions applicable to...
• Article 9 Possession, etc., of Certain Quantities of State Tax-paid Alcoholic Beverages for Private Use.
• Section 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
  Any person 19 years of age or over shall be entitled to have in his possession in his motor vehicle or a private residence or...
• Section 28-4-201 Sale or offer for sale or possession in excess of quantity permitted of such alcoholic beverages; penalties for violations of article
  (a) It shall be unlawful for any person residing in or traveling through any dry county in this state to sell or offer to sell...
• Article 10 Abatement of Liquor Nuisances.
• Section 28-4-220 Authorization and procedure generally; filing of petition generally
  The nuisances named in this chapter as liquor nuisances may be abated by a proceeding in a circuit court. The Attorney General or the district...
• Section 28-4-221 Persons, etc., against whom petition may be filed
  The petition to be filed to abate such nuisances may be filed against any person, firm or corporation who maintains or aids in maintaining such...
• Section 28-4-222 Contents and verification of petition
  The petition shall state the facts upon which the application is based and shall be verified by the affidavit of the officer or citizen filing...
• Section 28-4-223 Issuance of preliminary injunction generally
  When a petition making a prima facie case and properly verified is presented to the judge of the court wherein the petition is filed or...
• Section 28-4-224 Requirement of bond as condition precedent to issuance of preliminary injunction
  No bond shall be required as a condition precedent to the issuance of a preliminary injunction when the action is brought by the Attorney General...
• Section 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
  If the petition shall request a writ of seizure authorizing the sheriff to seize all prohibited liquors and beverages on the premises, together with all...
• Section 28-4-226 Contents of writ
  The writ shall name or describe the person or other party whose premises are to be searched and shall describe as nearly as possible the...
• Section 28-4-227 Disposition of liquor and beverages, etc., seized upon final judgment generally - Destruction
  Whenever it shall be finally decided in the action that the liquors seized as aforesaid are forfeited and that they were kept or stored for...
• Section 28-4-228 Disposition of liquor and beverages, etc., seized upon final judgment generally - Restoration to owner
  If it shall be finally decided that any liquors or beverages so seized are not liable to forfeiture, the court shall order the officer having...
• Section 28-4-229 Fees and allowances of officers executing writs of seizure; payment of costs in proceedings
  There shall be allowed the officer making the seizure under a writ issued under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of...
• Section 28-4-230 Persons who may be joined as parties defendant in proceedings and who may be enjoined from maintaining, etc., nuisance
  The owner of and all persons interested in the building or premises where the nuisance exists or any agent renting the same, as well as...
• Section 28-4-231 Powers of court as to maintenance of jurisdiction and enforcement of judgments generally; rules of evidence, practice and procedure
  The court shall have full power and authority to maintain its jurisdiction and by all suitable orders and writs to enforce its judgments in respect...
• Section 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
  Upon the final hearing of the action instituted to abate a liquor nuisance, if it shall appear that the petition has been sustained by the...
• Article 11 Forfeiture and Condemnation of Contraband Liquors and Beverages, etc.
• Section 28-4-250 Authorization and procedure generally
  Prohibited liquors and beverages kept, stored or deposited in any place in this state for the purpose of sale or unlawful disposition or unlawful furnishing...
• Section 28-4-251 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Authorization and procedure generally
  Search warrants for the seizure of liquors and beverages that are prohibited to be sold or otherwise disposed of in this state, together with the...
• Section 28-4-252 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Persons authorized
  The warrant may be issued by a judge of a district court.
• Section 28-4-253 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Grounds
  The warrant may be issued on any one of the following grounds: (1) When any person, firm, association of persons or corporation or unknown person...
• Section 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
  Said warrants shall be issued only on probable cause supported by affidavit naming or describing the person or other party whose premises are to be...
• Section 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
  The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their...
• Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Issuance by judge
  If the judge of the district court is satisfied of the existence of ground or grounds for the application, or one of them, or that...
• Section 28-4-257 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Form
  The warrant may be in substantially the form prescribed by law for other search warrants and must, except as otherwise specified in this article, be...
• Section 28-4-258 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Persons authorized
  The warrant may be executed by any one of the officers to whom it is directed, but by no other person, except in aid of...
• Section 28-4-259 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Time
  The warrant may be executed at any time between 8:00 A.M. and 6:00 P.M. or at any other time that the place or premises are
• Section 28-4-261 Search warrant for seizure of prohibited liquors and beverages, etc., generally - Limitation period for execution and return of warrant
  The warrant must be executed and returned to the judge of the district court by whom it was issued within 10 days from the date...
• Section 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
  When an officer takes prohibited liquors and beverages under the warrant, he must, if required, give a receipt to the person from whom they were...
• Section 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
  The officer in his return of the warrant to the judge of the district court must specify with particularity the liquors and beverages and other...
• Section 28-4-263 Issuance, etc., of warrants for search of steamboats, watercraft, depots, railway cars, etc
  A search warrant may be obtained and prosecuted in accordance with the rules and regulations prescribed in this article in case there is probable cause...
• Section 28-4-264 Disposition of property seized by officer under warrant generally
  When liquors and beverages and vessels and receptacles are seized by the officer, they shall be held by him subject to the order of the...
• Section 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
  Liquors and beverages seized and vessels and receptacles containing them shall not be taken from the custody of the officer by writ of replevin or...
• Section 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
  Upon the return of the warrant to the judge of the district court showing a seizure thereunder, the judge shall issue a notice directed generally...
• Section 28-4-267 Delivery to certain persons and posting of copies of notice
  A copy of such notice shall be delivered to the person or other party who kept the liquors and beverages or had possession of the...
• Section 28-4-268 Answer by persons claiming right, title, etc., in liquors and beverages, etc., seized
  At the time and place specified in the notice, any person claiming any right, title or interest in the liquors and beverages and vessels and...
• Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally; style of action; trial of action generally
  The issue thus framed shall be deemed an action pending in the court of the judge who issued the warrant between the State of Alabama,...
• Section 28-4-270 Forfeiture and condemnation proceedings generally - Issues, etc., where more than one claimant to liquors and beverages seized
  If different parties appear and claim separate portions of the liquor and beverages and vessels and receptacles seized, separate answers may be filed and separate...
• Section 28-4-271 Forfeiture and condemnation proceedings generally - Prosecution of action
  Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant, he shall appear on the day fixed for the hearing....
• Section 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
  No person, except one who answers claiming some right, title or interest in the liquors so seized, shall be excused from attending and testifying or...
• Section 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
  If no party appears to make a claim at the time specified in the notice or if no verified answer controverting the allegations of the...
• Section 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
  If the testimony produced on the hearing before the judge or upon such trial before the judge or court shall fail to establish the complaint...
• Section 28-4-275 Forfeiture and condemnation proceedings generally - Apportionment and taxing of costs
  If judgment shall be against only one party defendant appearing, he shall be charged to pay all the costs of the proceeding in the seizure...
• Section 28-4-276 Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Authorization and procedure generally
  Any party may appeal within 14 days from the date of final judgment or denial of a post-trial motion, whichever is later, any judgment entered...
• Section 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
  Any person appearing and becoming a party defendant as provided in this article may appeal from the judgment of forfeiture and condemnation as to the...
• Section 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
  Whenever it shall be finally decided that the liquors and vessels seized as provided in this article are forfeited and ordered condemned, the judge or...
• Section 28-4-279 Forfeiture and condemnation proceedings in circuit courts
  A search warrant may be issued by any judge of a circuit court, and on the return of the warrant, the same proceedings may be...
• Section 28-4-280 Allowances and fees of officers executing search warrants and attending and prosecuting forfeiture and condemnation actions for state
  There shall be allowed the officer making the seizure under a search warrant the sum of $3.00 and also the additional sum of $2.00 for...
• Section 28-4-281 Correction of defects or irregularities in notice, etc., in forfeiture and condemnation proceedings
  Whenever in any proceedings for forfeiture and condemnation of liquors and beverages and vessels and receptacles it shall appear to the judge or court that...
• Section 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
  All appliances which have been used or are used or ready to be used for the purpose of distilling or manufacturing any prohibited liquors or...
• Section 28-4-283 Enforcement of forfeiture
  The forfeiture provided in Section 28-4-282 may be enforced by a complaint filed in the circuit court of the county in which the property is...
• Section 28-4-284 Sale of property and disposition of proceeds therefrom
  The property may be ordered sold and the proceeds, after paying the costs and expenses of the seizure and of the action, shall be paid...
• Section 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
  All conveyances and vehicles of transportation of any kind, whether on the waters of the state, under the waters, on land or in the air,...
• Section 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
  It shall be the duty of such officer in the county or the Attorney General of the state to institute at once or cause to...
• Section 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
  Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition...
• Section 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
  Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition...
• Section 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
  In all actions filed under this article for the purpose of condemning and selling conveyances and vehicles of transportation of any kind on account of...
• Section 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
  Any sheriff or other officer who seizes or comes into possession of such vehicle, animal or property illegally used for the transportation of liquor or...
• Section 28-4-291 Disposition of proceeds from sale of such property forfeited to state
  Unless otherwise provided by law, the proceeds of the sale of any such property forfeited to the state, whether sold by court order or by...
• Section 28-4-292 Advertisement and sale of receptacles, etc., of prohibited liquors and beverages
  All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases or trunks, which have been seized in law enforcement and which are...
• Section 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
  No property rights of any kind shall exist in prohibited liquors and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for the purpose...
• Section 28-4-294 Preparation of return by officer seizing prohibited liquors and beverages; officer to report delivery to any person, destruction, etc., of same
  When any officer shall seize or take possession of any prohibited liquors and beverages in the enforcement of the law, he shall at once, in...
• Section 28-4-295 Disposition of prohibited liquors and beverages held for use as evidence upon conviction of person possessing, etc., same
  Whenever prohibited liquors and beverages, or any of them, are seized and held for use as evidence before any court on the trial of any...
• Section 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
  (a) All confiscated liquors and beverages which the Alcoholic Beverage Control Board will accept shall not be destroyed but shall be deposited with the Alcoholic...
• Section 28-4-297 Unlawful disposition, etc., of contraband liquors and beverages by custodian
  Any custodian of seized contraband liquor and beverages who shall permit the same to be improperly and unlawfully removed from his possession or shall give...
• Section 28-4-298 Article not intended to secure search of premises of bona fide druggists or physicians
  This article is not intended to secure the search of the premises of bona fide druggists who sell or keep for sale alcohol only for...
• Section 28-4-299 Forfeiture, sale and distribution of proceeds of sale of contraband generally
  In cases of all contraband property, as provided in this article, there shall be a remedy by complaint filed in the name of the state...
• Article 12 Enforcement of Chapter.
• Section 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
  In order for the Governor to perform the duties imposed upon him by the Constitution, that he shall take care that the laws be faithfully...
• Section 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
  The Governor may appoint and employ, subject to the provisions of the Merit System, such inspectors or secret service men or such other persons as...
• Section 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
  The Governor, in his discretion, may require the Attorney General to prepare instructions to the officers of the state, counties or municipalities to aid them...
• Section 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
  All prosecutions for a violation of any provision of this chapter or of any other law for the suppression of the evils of intemperance may...
• Section 28-4-314 District attorneys to institute prosecutions for or make reports to grand juries as to violations of prohibition laws
  Any district attorney in the county whose duty it is to prosecute criminal cases on behalf of the state shall not be prohibited from commencing...
• Section 28-4-315 Sheriffs to cooperate with district attorneys in prosecutions, etc
  Sheriffs are charged with the duty of being on the alert for violations of any of the prohibition statutes and of cooperating with the district...
• Section 28-4-316 Grand jury proceedings generally - Effect of failure of person to attend and testify in obedience to summons
  Any person who is summoned as a witness before the grand jury to answer as to any violation of law for the suppression of intemperance...
• Section 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
  The witnesses before the grand jury to give evidence may be required to answer generally as to any offense against the laws of Alabama for...
• Section 28-4-318 Grand jury proceedings generally - Exemption from prosecution of witnesses
  A witness must not be prosecuted for any offense as to which he testifies before the grand jury, and the district attorney or any member...
• Section 28-4-319 Grand jury proceedings generally - Duty of grand jury to present indictments for violations of laws
  Grand juries shall have no discretion as to the finding of indictments for violations of the provisions of this chapter or for violations of the...
• Section 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
  No clerk, servant, agent or employee of any person accused of a violation of the laws to promote temperance and to suppress intemperance or prohibiting...
• Section 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
  In an indictment, complaint or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it is...
• Section 28-4-322 Several charges may be set out in separate counts in indictments, complaints, etc.; judgment entered and punishment imposed upon each count
  Indictments, complaints or affidavits for any violation of this chapter or any provision thereof or of any other statute of the state for the suppression...
• Section 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
  (a) In all prosecutions against any person for manufacturing, selling, offering for sale, keeping or having in possession for sale, bartering, exchanging, furnishing, giving away...
• Section 28-4-324 Issuance of injunctions to prevent violations of chapter, etc
  When any violation of any provision of this chapter is threatened or shall have occurred, the doing of, or continuation or repetition of the unlawful...
• Section 28-4-325 Fees of officers making seizures of prohibited liquors
  When an officer arrests any person in possession of an unlawful quantity or quantities of prohibited liquors or of such liquors under conditions prohibited by...
• Section 28-4-326 Penalties for violations of chapter
  Any violation of any provision of this chapter for which no other penalty is provided shall be punishable by a fine of not less than...

Last modified: May 3, 2021