|
28-4-266
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 to all persons claiming
any right, title or interests in such liquors and beverages and vessels and receptacles to
appear before the judge issuing the warrant at a time and place therein specified not less
than five nor more than 15 days after the issuance of said notice and show cause why such
liquors and beverages and vessels and receptacles shall not be forfeited to the state and
destroyed. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4754; Code 1940,
T. 29, §223.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-266.htm - 1K - Match Info - Similar pages
28-4-278
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 court entering final judgment of forfeiture shall issue to
the officer having said liquors and beverages and vessels and receptacles in custody a written
order directing him forthwith to deliver said liquors and beverages and vessels and receptacles
to the Alcoholic Beverage Control Board as provided in Section 28-4-273, except in
the case of nonfederal tax-paid liquors or beverages, which shall be publicly destroyed, and
the officer shall immediately thereafter make return of said order to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-278.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-273.htm - 2K - Match Info - Similar pages
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
45-8-22
Section 45-8-22 Special licenses; additional taxes; maintenance of records. (a) It shall
be unlawful for any person, firm, or corporation, other than the state Alcoholic Beverage
Control Board, to sell at retail in Calhoun County any spirituous or vinous liquors without
first obtaining a special license from the judge of probate that shall be in addition to all
other licenses required by law. The amount of the special license shall be determined by the
county commission and shall be levied in the same manner as other county licenses are levied.
Licenses required by this subsection shall expire on September 30th following the date of
purchase. All proceeds from sales of the special licenses shall be placed in the general fund
of the county. (b) In addition to all other taxes levied on the possession for sale, or the
sale, of alcoholic beverages in Alabama, a tax is levied on the possession for sale, or the
sale of, spirituous or vinous beverages in Calhoun County in an amount set by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-22.htm - 5K - Match Info - Similar pages
28-4-268
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 receptacles seized under such
warrant may interpose a verified answer controverting the allegations of the complaint upon
which said warrant was issued and controverting the ground or grounds upon which the warrant
was issued, and such person shall propound in such answer what right, title or interest he
claims in the liquors and beverages or vessels and receptacles seized. (Acts 1909, No. 191,
p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4756; Code 1940, T. 29, §225.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-268.htm - 1K - Match Info - Similar pages
28-4-250
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 or distribution and the vessels and receptacles in which such liquors
are contained are declared to be contraband and are forfeited to the state when seized and
may be condemned for destruction as provided in this article, and prohibited liquors and beverages
may be searched for, seized and ordered to be destroyed as set forth in this article. In all
criminal prosecutions against any person for violating the provisions of the prohibition laws
of this state, the court, upon a conviction, may order the destruction of such prohibited
liquors or beverages as had been sold, offered for sale, had, kept in possession for sale
or otherwise disposed of by the defendant, or had been employed by him for use or disposition
at any unlawful drinking place or had been kept or used in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-250.htm - 1K - Match Info - Similar pages
28-4-281
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 there has been any irregularity in the service of any process or notice or any omission
to post or serve notices required or any defect in the affidavit or notice or in the service
or return of either, the judge or court may permit the same to be amended and may direct such
further service of process or of notice as will, in the judgment of the judge or court, be
most effectual in securing notice of the proceeding to those who may be entitled thereto and
so that the proceeding may not fail for any irregularity or technicality. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2; p. 8; Code 1923, §4769; Code 1940, T. 29, §238.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-281.htm - 1K - Match Info - Similar pages
28-4-275
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 and detention of the liquors
and beverages and vessels and receptacles claimed by him and the costs of the trial. But if
judgment shall be entered against more than one party claiming distinct parts of or interests
in said liquors and beverages and vessels and receptacles, then the cost of the proceeding
and trial may be equitably apportioned among the defendants for the amount of cost to be adjudged
against them according to the discretion of the judge or court. In the event no one appears
to contest the complaint or if the complaint is not sustained and no judgment of forfeiture
is obtained, the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions
wherein the state fails, and this rule shall apply as to any separate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-275.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-274.htm - 1K - Match Info - Similar pages
|