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28-4-262
Section 28-4-262 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Return of warrant; furnishing of copies thereof to applicant for warrant, etc. The officer
in his return of the warrant to the judge of the district court must specify with particularity
the liquors and beverages and other articles taken, and the applicant for the warrant and
the person from whose possession the liquors and articles were taken are entitled to a copy
of the return, signed by the judge, which he must furnish them on their application therefor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4750; Code 1940, T. 29, §219.)...
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28-4-271
Section 28-4-271 Forfeiture and condemnation proceedings generally - Prosecution of action.
Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant,
he shall appear on the day fixed for the hearing. The district attorney or his deputy shall
appear and prosecute said action on behalf of the state. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4767; Code 1940, T. 29, §236.)...
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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...
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45-35-20
Section 45-35-20 Legislative findings. The Legislature finds all of the following: (1) The
authority of the Legislature to enact local laws regulating the liquor traffic is preserved
in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the
Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) Relying on
prior judicial opinions of the federal courts, it has been clearly established that reducing
the secondary effects associated with adult entertainment businesses serves and furthers a
substantial governmental interest, particularly when the serving of alcohol is involved. (3)
Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic
beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults
on police officers in and around an establishment dealing in or permitting the consumption
of alcoholic beverages, and that actual and simulated nudity and sexual conduct...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-20.htm - 2K - Match Info - Similar pages
28-3-240
Section 28-3-240 Goods, etc., subject to confiscation and sale generally; procedure for confiscation
and sale of goods, etc., generally. All alcoholic beverages enumerated and defined in this
chapter or other products taxable under this chapter found at any point within the State of
Alabama when said alcoholic beverages or products shall have been within the State of Alabama
for a period of two hours or longer in possession of any retailer or for a period of 36 hours
or longer in possession of any wholesaler or distributor not having affixed to the package,
as defined in this chapter, the stamps, crowns or lids as provided by law are hereby declared
to be contraband goods, and the same may be seized by the board or its agents or by any peace
officer of the State of Alabama without a warrant, and the said goods shall be delivered to
the board for sale at public auction to the highest bidder after due advertisement, but the
board, before delivering any of said goods so seized, shall...
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6-5-1
Section 6-5-1 Right to commence actions - Generally. (a) The state may commence an action in
its own name and is entitled to all remedies provided for the enforcement of rights between
individuals without giving bond or security or causing an affidavit to be made, though the
same may be required as if the action were between private citizens. (b) The district attorney
of the circuit in which an action by the state is pending must attend to the same on the part
of the state, and the Governor of the state may employ assistant counsel if he deems it necessary.
The written direction of the Governor to the attorney of record is sufficient authority for
commencing such an action, and the trial judge may determine the amount of compensation. If
unsuccessful, the state is liable for costs as individual parties are. (c) Actions commenced
by the state are to be governed by the same rules as in actions between individuals. (Code
1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755;...
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28-1-3.1
Section 28-1-3.1 Possession of alcoholic beverages purchased from military liquor stores, etc.,
by eligible persons; violations. (a) Any person 21 years of age or over who is on active duty,
in active reserve status or retired from the armed forces of the United States, or the dependent
of such person, or is otherwise eligible to purchase alcoholic beverages from military package
or liquor stores, shall be entitled to have in his possession, in his motor vehicle, or a
private residence or place of private residence or the curtilage thereof in any county in
this state, for his own private use and not for resale, not more than the following quantity
of alcoholic beverages as defined in Section 28-3-1, which beverages have been sold by a military
liquor, package, Class 6 or similar store or outlet: three liters of liquor and one case of
beer; or three liters of wine and one case of beer; or two cases of beer; provided, however,
that no alcoholic beverages shall be kept, stored or...
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9-17-19
Section 9-17-19 Civil actions for damages for violations of provisions of article, rules, etc.;
actions by private parties to enjoin violations of provisions of article, rules, etc. (a)
Nothing contained or authorized in this article and no civil action by or against the board
and no penalties imposed or claimed against any person for violating any provision of this
article or any rule, regulation or order issued under this article and no forfeiture shall
impair or abridge or delay any cause of action for damages which any person may have or assert
against any person violating any provision of this article or any rule, regulation or order
issued under this article. Any person so damaged by the violation may institute a civil action
for and recover such damages as he may show that he is entitled to receive. (b) In the event
the board should fail to bring a civil action to enjoin any actual or threatened violation
of any provision of this article or of any rule, regulation or order made...
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28-4-1
Section 28-4-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BREWER. Every person, firm, association or corporation that manufactures fermented liquors
of any name or description from malt, wholly or in part, or from any substitute therefor.
(2) DISTILLER. Every person, firm, association or corporation that produces distilled spirits
or who brews or makes mash, wort or wash fit for distillation or for the production of spirits
or who, by any process of evaporation, separates alcoholic spirits from any fermented substance
or who, making or keeping mash, wort or wash, has also in possession or use a still. (3) LIQUOR
NUISANCES. a. Any rooms or structures used for the unlawful manufacture, sale, furnishing,
distilling, rectifying, brewing or keeping of liquors or beverages that are prohibited by
the laws of Alabama to be manufactured, sold or otherwise disposed of...
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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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