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28-4-3
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 fruit
when the grapes or other fruit are grown by the person making the same for his own domestic
use upon his own premises in this state and when such person keeps such wine or cordial for
his own domestic use on his own premises in any quantity not exceeding five gallons for one
family in 12 months, nor shall such laws apply to the receipt or possession of pure or grain
alcohol in nonprohibited quantities by persons who are permitted to buy, sell, use or possess
the same under existing laws of the state nor to the receipt or possession of wine for sacramental
purposes when received and possessed by an authorized person...
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28-4-274
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 or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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28-4-133
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 common carrier doing business in the State of Alabama or any person engaged
in the transportation in the state or making deliveries in this state of the liquors mentioned
in Section 28-4-120 or of other prohibited liquors and beverages is required to permit an
examination of all his books, records, papers, bills of lading and accounts pertaining to
the shipment of such liquors by any officer in this state whose duty it is to prosecute crime
or ferret out criminals, when such information is sought for the prosecution of persons charged
with or suspected of crime. (Acts 1915, No. 10, p. 39; Code 1923, §4701; Code 1940, T. 29,
§170.)...
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28-4-316
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 or prohibiting
the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping
or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses
to attend and testify in obedience to such summons without good cause, to be determined by
the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor,
must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the
county jail or sentenced to hard labor for the county for not more than three months, at the
discretion of the court. (Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29,
§109.)...
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28-4-323
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 or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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28-4-55
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 apparatus, plant or structure for the distilling
or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, plant
or structure is found upon said premises, the fact shall be prima facie evidence that the
tenant or owner in actual possession of the premises has knowledge of the existence of the
same and of the purpose for which the same were to be used. Upon conviction of permitting
or allowing the same to be upon his premises, such tenant or owner shall be punished by a
fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county
jail or sentenced to hard labor for the county for not more than six months for the first
conviction, at the discretion of the court. On the second and every subsequent...
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28-4-263
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 to believe
and it is made to appear to the judge issuing the warrant that there is probable cause to
believe that prohibited liquors and beverages or some of them are kept or deposited in or
on a watercraft of any kind or in a depot, railway car, carriage or vehicle of any kind for
unlawful sale, furnishing, distribution or other unlawful disposition. The place where such
search is to be made should be described as nearly as possible in the affidavit and warrant
for purpose of identification. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4770; Code 1940, T. 29, §239.)...
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28-4-129
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 office and to permit any sheriff, deputy
sheriff, constable, chief of police or other police officer of a municipality, district attorney
whose duty it is to prosecute crime in the county in which delivery is made and any other
peace officer of the county or officer charged with the duty of prosecuting violations of
the law to inspect the said statements as they may desire at any time and especially to permit
inspection thereof by any officer or other duly authorized person seeking information for
the prosecution of persons charged with or suspected of crime, especially the crime of selling,
giving away, bartering, keeping for sale or otherwise disposing of liquors or any beverages
prohibited by the laws of the state to be sold, given away, kept for...
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28-2-22
Section 28-2-22 Conditions governing sale of alcoholic beverages in county and municipalities
therein where majority of voters approve sale and distribution under article; penalty for
violation of section. (a) If the majority of the voters in any county approve the sale and
distribution of alcoholic beverages under this article as provided in Section 28-2-21, the
sale of alcoholic beverages in such county shall be governed by the following conditions:
(1) Within 90 days after the affirmative vote of the voters of a county, each governing body
of any incorporated municipality within such county may vote to exclude the sale of alcoholic
beverages within its limits as provided for in this article. If the governing body does not
take such action 90 days after the affirmative election, the provisions of this article shall
apply for a period of 10 years, after which the municipality shall again have 90 days to exclude
said municipality. Should a municipality choose to exclude the application...
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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet or dry
counties; laws applicable in dry counties. (a) In every county where a majority of the electors
voting in an election, called by the Governor to determine whether Chapter 3 of this title
shall be adopted in the county, vote "Yes," Chapter 3 and all of its provisions
shall be immediately put into operation in such county, but in every county where a majority
of the electors voting in the election vote "No," Chapter 3 shall not go into effect
in such county and all laws prohibiting the manufacture and sale of alcoholic liquors or beverages
now in force and effect in Alabama shall remain in full force and effect in every such county.
For the purpose of this chapter the term "wet county" shall mean any county which
by a majority of those voting voted in the affirmative in the election provided for in this
section, and "dry counties" shall be construed to mean all counties which by a majority
of...
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