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45-37-243.07
Section 45-37-243.07 Violations; contraband beverages. Among others the following acts and
omissions shall be unlawful: (1) It shall be unlawful for any person to sell, offer for sale,
or deliver within any county subject to this subpart any alcoholic, spirituous, vinous, or
fermented liquor on which the license tax herein levied has not been paid. (2) The judge of
probate, license commissioner, director of county department of revenue, or other public officer
performing like duties in such counties, his or her agent, or any peace officer of the county
shall have authority to seize without warrant any and all alcoholic, spirituous, vinous, or
fermented liquors which are on hand for or are being sold in any place operating without a
license from the Alabama Alcoholic Beverage Control Board or any such beverages on which the
license tax levied by this subpart has not been paid including the containers or packages
in which such alcoholic, spirituous, vinous, or fermented liquors are found...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.07.htm - 6K - Match Info - Similar pages
28-4-294
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 writing, make a return of his acts, with a statement of the quantity
and kind of liquors and beverages to the court that has or secures jurisdiction of the case.
When any such liquor or beverage is destroyed, delivered to any person or otherwise disposed
of, the officer acting in the matter shall in writing make a report of the facts to such court.
(Acts 1915, No. 491, p. 553; Code 1923, §4772; Code 1940, T. 29, §241.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-294.htm - 1K - Match Info - Similar pages
37-8-221
Section 37-8-221 Prohibited instruments - Search and seizure. (a) In addition to the grounds
enumerated in Section 15-5-2 for the issuance of search warrants, search warrants may be issued
as prescribed in Title 15, for the seizure of any prohibited instrument, as defined in Sections
37-8-217, 37-8-218, 37-8-220, and this section. (b) Any such prohibited instrument may be
seized by court order, under a search warrant or incident to lawful arrest, and shall be held
by the sheriff or other lawful peace officer subject to the order of the magistrate or the
court to which the proceedings may be carried by appeal; and, upon final disposition of any
proceedings in connection with any prohibited instrument, as defined by Sections 37-8-217,
37-8-218, 37-8-220, and this section, such prohibited instrument shall be destroyed by such
officer. (c) Any prohibited instrument, as defined by Sections 37-8-217, 37-8-218, 37-8-220,
and this section, lawfully seized, shall not be taken from the custody...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-8-221.htm - 1K - Match Info - Similar pages
6-9-89
Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries. When
strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ
of execution, the sheriff or constable making the levy or seizure shall, unless a replevy
bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell
the strawberries so levied on or seized either at public or private sale, as he may deem best,
and the proceeds of such sale shall be by such officer paid into the court out of which said
writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-89.htm - 1003 bytes - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-316.htm - 1K - Match Info - Similar pages
6-5-71
Section 6-5-71 Right of action of wife, child, parent, or other person for injury in consequence
of illegal sale or disposition of liquor or beverages. (a) Every wife, child, parent, or other
person who shall be injured in person, property, or means of support by any intoxicated person
or in consequence of the intoxication of any person shall have a right of action against any
person who shall, by selling, giving, or otherwise disposing of to another, contrary to the
provisions of law, any liquors or beverages, cause the intoxication of such person for all
damages actually sustained, as well as exemplary damages. (b) Upon the death of any party,
the action or right of action will survive to or against his executor or administrator. (c)
The party injured, or his legal representative, may commence a joint or separate action against
the person intoxicated or the person who furnished the liquor, and all such claims shall be
by civil action in any court having jurisdiction thereof. (Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-71.htm - 1K - Match Info - Similar pages
28-1-6
Section 28-1-6 Issuance of licenses for sale of intoxicating beverages in Class 1 or Class
2 municipalities. (a)(1) All other provisions of law, rules, or regulations to the contrary
notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority
to issue any form of license in a Class 1 municipality, including, but not limited to, off-premises
consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form
of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor,
or other alcoholic beverage regulated by the board, unless one of the following requirements
is satisfied: a. The application has first been approved by the governing body of the Class
1 municipality in which the site of the license is situated. b. The denial of approval by
the Class 1 governing body has been set aside by order of the circuit court of the county
in which the site is situated on the ground that the municipal approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-1-6.htm - 5K - Match Info - Similar pages
28-3-244
Section 28-3-244 Condemnation and delivery to board of liquors seized upon which federal tax
has been paid and containers of which are unbroken or unopened. Any liquors and beverages
that are prohibited to be sold or otherwise disposed of in this state, including malt or brewed
beverages, together with the vessels or other receptacles in which they are contained, that
have been heretofore or may hereafter be seized by any officer of the state, county or municipal
government, regardless of whether seized under the authority of a search warrant or not, upon
which it appears that the federal tax has been paid, the federal stamp being located on the
container being prima facie evidence thereof, and the containers of which appear to be unbroken
or which appear to have never been opened after the placing thereon of the federal stamp or
seal shall, upon a court order of forfeiture, be delivered immediately to the Alcoholic Beverage
Control Board at Montgomery, Alabama, or to a properly...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-244.htm - 2K - Match Info - Similar pages
45-37-243.02
Section 45-37-243.02 Levy of tax. (a) As used in this section, the following terms have the
meanings here given them: (1) COUNTY. Any county now or hereafter subject to this subpart.
(2) COUNTY GOVERNING BODY. The county board of revenue, the county commission, or other like
body of the county. (3) DIRECTOR OF COUNTY DEPARTMENT OF REVENUE. The director of the county
department of revenue, the license commissioner, or judge of probate of the county, or any
other public officer performing like duties in the county. (4) SECTION 3 AS AMENDED IN 1979.
Section 3 as amended by the 1979 amendment. (5) STATE ORIGINAL UNBROKEN PACKAGE POLICY. The
state policy in effect when the original Section 3 of Act 388 of the 1965 Regular Session
was approved in August 1965, prohibiting licensees from selling or keeping for sale liquor
or wine except in an original unbroken package. (6) THE 1979 AMENDMENT. The act the Legislature
of Alabama adopted during its Regular Session of 1979 amending the original...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.02.htm - 14K - Match Info - Similar pages
28-3-42
Section 28-3-42 Administrator; annual report of board to Governor as to administration of chapter;
possession by officers, members, employees, etc., of board of liquor or malt or brewed beverages
for personal use. (a) The board shall appoint an administrator who, under the supervision
of the board, shall administer the provisions of this chapter. Before entering upon the duties
of his office, the administrator shall execute to the State of Alabama a bond, to be approved
by the Governor, in the amount of $25,000.00, for the faithful performance of his duties.
The premiums on the bond of the administrator shall be paid out of moneys derived from any
operation under the provisions of this chapter. The administrator, with the approval of the
board and subject to the provisions of the Merit System, shall appoint all necessary clerks,
stenographers, inspectors and chemists and other employees to enforce properly the provisions
of this chapter. No person shall be eligible for any appointment...
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