Code of Alabama

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45-26A-71
Section 45-26A-71 Regulation of sale and distribution of draft beer. (a) This section shall
apply to the regulation of the sale and distribution of alcoholic beverages in the City of
Wetumpka. (b) The City Council of the City of Wetumpka, by resolution or ordinance, may authorize
the sale and distribution of draft beer by retail licensees of the Alcoholic Beverage Control
Board within the city. Notwithstanding the foregoing, keg beer may not be sold for off-premises
consumption. (c) The provisions of this section are cumulative and supplemental to the present
power and authority of the City of Wetumpka and are not intended to, nor shall it be interpreted
so as to repeal any existing power or authority of the City of Wetumpka now permitted under
the general laws of the state, or under any local or special act of the Legislature. (Act
2015-6, §§1-3; Act 2015-19, §§1-3.)...
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28-10-3
Section 28-10-3 Definitions. The following terms shall have the following meanings unless the
context clearly indicates otherwise: (1) BOARD. The Alcoholic Beverage Control Board of the
State of Alabama. (2) VENDOR. A person who is licensed by the board to sell alcoholic beverages
for on-the-premises consumption and/or for off-the-premises consumption. (Acts 1990, No. 90-525,
p. 767, §3.)...
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28-3-10
Section 28-3-10 Wholesale dealers or distributors to file monthly reports as to orders of alcoholic
beverages purchased by persons, firms, etc., without state. Every wholesale dealer or distributor
shall furnish to the board a monthly report between the first and tenth of each month for
the preceding month of all orders for alcoholic beverages enumerated and defined in this chapter
purchased through said wholesale dealer or distributor from without the state on a drop shipment
and consigned directly to the person, firm, corporation or association of persons ordering
such alcoholic beverages from without this state through such wholesale dealer or distributor.
Any wholesale dealer or distributor who fails or refuses to comply with the provisions of
this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not less than $500.00 nor more than $1,000.00 or imprisonment in the county jail for
a period of six months or both at the discretion of the...
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28-3-240
Section 28-3-240 Goods, etc., subject to confiscation and sale generally; procedure for confiscation
and sale of goods, etc., generally. All alcoholic beverages enumerated and defined in this
chapter or other products taxable under this chapter found at any point within the State of
Alabama when said alcoholic beverages or products shall have been within the State of Alabama
for a period of two hours or longer in possession of any retailer or for a period of 36 hours
or longer in possession of any wholesaler or distributor not having affixed to the package,
as defined in this chapter, the stamps, crowns or lids as provided by law are hereby declared
to be contraband goods, and the same may be seized by the board or its agents or by any peace
officer of the State of Alabama without a warrant, and the said goods shall be delivered to
the board for sale at public auction to the highest bidder after due advertisement, but the
board, before delivering any of said goods so seized, shall...
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28-7A-3
Section 28-7A-3 Collection and disposition of moneys from taxes on beer or table wine; fee
payable to board. The taxes on beer or table wine levied pursuant to Sections 28-3-190 and
28-7-16, to be collected by any local governing body, except as provided in Section 28-7A-2,
shall be paid when due in accordance with the applicable law to the board for the use and
benefit of such local governing body. The board shall collect the revenues generated by such
tax at the same time and in the same manner as provided for collection by the local governing
body. The taxes so collected shall be deposited into a special fund for the local governing
body and paid by the board to the treasury of the local governing body for which they were
collected within 25 days after the end of the month in which such funds are received by the
board. Provided, however, that the board shall retain two and one-half percent of the tax
due to the local governing body as a fee to the board for auditing, collecting,...
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28-3-12
Section 28-3-12 Report of purchase, receipt, etc., of alcoholic beverages not having revenue,
etc., stamps, crowns or lids affixed thereto. Any person, firm, corporation, club or association
of persons who purchases or receives or who brings into the state in any manner whatsoever
any of the articles of alcoholic beverages enumerated in this chapter which does not have
affixed revenue stamps, crowns or lids or stamps or identification as described in this chapter
shall, within three days of the receipt of such articles of alcoholic beverages, report the
receipt or purchase of said alcoholic beverages to the board, giving the date of purchase
or receipt, the name of person or firm from whom purchased or received and a list describing
the articles of alcoholic beverages so purchased or received. This report must be made by
registered or certified mail or in person. Any person, firm, corporation, club or association
of persons who fails or refuses to make the report as required in this...
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28-3-53.2
Section 28-3-53.2 "Board" and "mark up" defined; disposition of funds;
mark up increases. (a) The word board, wherever used in this section, shall mean the Alabama
Alcoholic Beverage Control Board provided for in Chapter 3, Title 28. The term mark up, wherever
used in this section shall mean the percentage amount added to cost plus freight on spirituous
or vinous liquors sold by the board, exclusive of taxes heretofore levied with respect thereto.
(b) The total amount of the additional mark up on cost of merchandise, levied by the Alcoholic
Beverage Control Board subsequent to June 30, 1983, shall be designated to the credit of the
General Fund of the state. (c) The board shall be prohibited from increasing the mark up on
wholesale case lot sales of liquor above 16.99 percent of the cost plus freight subsequent
to December 1, 2004. (Acts 1983, No. 83-427, p. 607, §§1, 2; Act 2004-266, p. 368, §1;
Act 2010-607, p. 1478, §1.)...
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28-3-7
Section 28-3-7 Persons, firms, etc., receiving, storing, selling or handling alcoholic beverages
to preserve invoices, books, papers, etc., relating thereto; audit and inspection of invoices,
books, etc., by board. It shall be the duty of every person, firm, corporation, club or association
of persons, receiving, storing, selling or handling alcoholic beverages enumerated in this
chapter in any manner whatsoever to keep and preserve all invoices, books, papers, cancelled
checks or other memoranda touching the purchase, sale, exchange or receipt of any and all
such alcoholic beverages for a period of three years. All such invoices, books, papers, cancelled
checks or other memoranda shall be subject to audit and inspection by any duly authorized
representative of the board at any and all times. Any person, firm, corporation, club or association
of persons who fails or refuses to keep and preserve the records as required by this section
or who upon request by a duly authorized agent of...
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28-4-127
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 or
transport any of the liquors mentioned in Section 28-4-120 into this state from any of the
points or places mentioned in Section 28-4-120 and who shall deliver such liquors or any of
them to any person, firm or corporation in this state to file with the Alcoholic Beverage
Control Board a statement, either printed or plainly written or typewritten on stout paper,
correctly stating the date on which the liquor was delivered, the name and post office address
of the consignee and consignor, the place of delivery and to whom delivered and the kind and
amount of such liquor delivered. Such statement shall be filed within three days...
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28-4-273
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 complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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