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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.)...
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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.)...
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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...
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28-4-272
Section 28-4-272 Forfeiture and condemnation proceedings generally - Persons not to be excused
from attending and testifying or producing books, papers, etc., at hearing or trial; immunity
from prosecution as to transactions, etc., as to which testimony or documents produced. No
person, except one who answers claiming some right, title or interest in the liquors so seized,
shall be excused from attending and testifying or producing any books, papers or other documents
before any court or judge upon any such hearing or trial upon the ground or for the reason
that the testimony or evidence, documentary or otherwise, required of him may tend to convict
him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction, matter or
thing concerning which he may so testify or produce evidence, documentary or otherwise, and
no testimony so given or produced shall be received against him...
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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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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
28-3A-7
Section 28-3A-7 Importer license; issuance; restrictions on sales; registration of labels;
seizure of unregistered goods; monthly reports; inspections. (a) Upon applicant's compliance
with the provisions of this chapter and the regulations made thereunder, the board shall issue
to applicant an importer license which shall authorize the licensee to import alcoholic beverages
manufactured outside the United States of America into this state or for sale or distribution
within this state of liquor and wine to the board or the state, and table wine and beer to
wholesaler licensees of the board. No person shall import alcoholic beverages manufactured
outside the United States into this state or for sale or distribution within this state or
to the state, the board or any licensee of the board, unless such person shall be granted
an importer license issued by the board. (b) An importer licensee shall not sell any alcoholic
beverages for consumption on the premises where sold; nor, unless...
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28-4-260
Section 28-4-260 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Execution - Giving of receipt for prohibited liquors and beverages, etc., seized under warrant.
When an officer takes prohibited liquors and beverages under the warrant, he must, if required,
give a receipt to the person from whom they were taken or in whose possession they were found
and also a receipt for such receptacles or vessels as may be taken under the warrant. (Acts
1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)...
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28-4-280
Section 28-4-280 Allowances and fees of officers executing search warrants and attending and
prosecuting forfeiture and condemnation actions for state. There shall be allowed the officer
making the seizure under a search warrant the sum of $3.00 and also the additional sum of
$2.00 for every day that such officer shall necessarily be employed in attending court for
the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited
or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant,
together with such reasonable sum as the court may deem just for necessary expenses incurred
in transporting and providing storage for liquors and beverages and vessels and receptacles
seized. Where a warrant is issued to any peace officer to search a designated place for prohibited
liquors and beverages and such officer executes such warrant and seizes such liquors or beverages,
but fails to arrest any person or persons for having...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
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