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28-4-232
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 evidence or has been admitted, the court shall enter
a judgment ordering abatement of the nuisance, which judgment shall order the destruction
of all such prohibited liquors and beverages as are found upon the premises, together with
all signs, screens, bars, bottles, glasses and other movable property used in keeping and
maintaining said nuisance, and the destruction of all such liquors and beverages and such
movable property as may have been seized under authority of the court pending the hearing
of the action. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4677; Code
1940, T. 29, §147.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-232.htm - 1K - Match Info - Similar pages
28-4-227
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 an illegal purpose, the judgment
of the court shall order the officer having said liquors in custody to forthwith destroy the
same, together with the vessels containing the same, and other movable property used in keeping
and maintaining the nuisance and immediately thereafter to make return of said order to the
court whence it issued, with his action endorsed thereon. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1940, T. 29, §150.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-227.htm - 1007 bytes - Match Info - Similar pages
28-4-225
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 signs, screens, bars,
bottles, glasses and other movable property used in keeping and maintaining said nuisance,
the officer, or citizen or citizens filing the petition may, at the time they apply for a
preliminary injunction, make application to the judge who grants the preliminary injunction
or to the judge of the court in which the petition is or is to be filed or they may, at any
time pending the hearing, make such application to said judge for such writ of seizure, and
said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation
for the issuance of said writ, that the officer or person making the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-225.htm - 2K - Match Info - Similar pages
15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
11-53A-23
Section 11-53A-23 Notice to require owner to abate nuisance or to request hearing. (a) The
notice shall require the owner to abate the nuisance within the time stated in the notice
or to request a hearing before the administrative officer designated by the mayor or council
to determine whether there has been a violation. The notice shall apprise the owner of the
facts of the alleged nuisance and shall name the particular date, time, and place for the
hearing, if requested. The notice shall contain the names of all owners and lienholders of
the property, a legal description of the property, and the nature of the proceeding. (b) The
notice shall be sent to the person shown by the records of the county tax collector to have
been the last person assessed for payment of ad valorem tax on the property where the nuisance
is situated. It shall be the responsibility of the person to promptly advise the appropriate
city official of any change of ownership or interest in the property. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-53A-23.htm - 3K - Match Info - Similar pages
6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.3.htm - 5K - Match Info - Similar pages
45-42A-24.03
Section 45-42A-24.03 Abatement of nuisance by municipal employees and agents; liability for
expenses. (a) If the owner fails, neglects, or refuses to abate the nuisance, or the nuisance
is not otherwise abated, (1) within the time permitted to do so as stated in the enforcing
official's notice, where such notice was not suspended by the request for a hearing before
the administrative official; or (2) within the time permitted to do so as stated in the administrative
official's written determination, then the city may enter upon the property and abate the
nuisance using its own forces, or it may provide by contract for the abatement. However, if
an appeal has been taken to the circuit court as provided in subsection (h) of Section 45-42A-24.02,
then the city may not abate the nuisance until the determination or judgment authorizing abatement
becomes final as provided by law. (b) Upon completion of the abatement work performed by the
city, including work by contractors employed by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42A-24.03.htm - 3K - Match Info - Similar pages
45-45A-41.22
Section 45-45A-41.22 Abatement of nuisance. (a) If the owner fails, neglects, or refuses to
abate the nuisance, or the nuisance is not otherwise abated, (1) within the time permitted
to do so as stated in the enforcing official's notice, where such notice was not suspended
by the request for a hearing before the administrative official; or (2) within the time permitted
to do so as stated in the administrative official's written determination, then the city may
enter upon the property and abate the nuisance using its own forces, or it may provide by
contract for the abatement. However, if an appeal has been taken to the circuit court as provided
in subsection (h) of Section 45-45A-41.21, then the city may not abate the nuisance until
the determination or judgment authorizing abatement becomes final as provided by law. (b)
Upon completion of the abatement work performed by the city, including work by contractors
employed by the city, the enforcing official shall compute the city's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-41.22.htm - 3K - Match Info - Similar pages
6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-148.htm - 1K - Match Info - Similar pages
28-1-7
Section 28-1-7 Alcoholic Beverage Control Board prohibited from issuing licenses for sale of
intoxicating beverages in Class IV municipalities; exceptions. REPEALED IN THE 2020 REGULAR
SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) 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 IV municipality organized pursuant to Section 11-44B-1, et seq., including,
but not limited to, on or off-premise consumption licenses, special event or special retail
licenses, restaurant or lounge licenses, club licenses, or other licenses for the retail sale
of any form of intoxicating beverages, including, but not limited to, beer and other forms
of malt beverages, wine, liquor, or other alcoholic beverages regulated by the board, unless
the application therefore has first been approved by the governing...
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