|
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
28-4-200
Section 28-4-200 Possession of certain quantities of state tax-paid alcoholic beverages for
private use permitted; storage, possession, etc., of alcoholic beverages in passenger area
of vehicles or in view of passengers. Any person 19 years of age or over 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 dry county in this state for his own private use
and not for resale not more than the following quantity of alcoholic beverages, as enumerated
and defined in Section 28-3-1, when such beverages have been sold or distributed by and through
a state liquor store operated by the Alabama Alcoholic Beverage Control Board or a licensee
of such board, and the containers of such beverages have affixed thereto such mark or identification
and sufficient revenue stamps as to show that such alcoholic beverages were sold or distributed
by a state liquor store or a licensee of the Alabama Alcoholic...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-200.htm - 1K - Match Info - Similar pages
9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-17.htm - 1K - Match Info - Similar pages
22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights
of state; effect of action by state or recipient against person, etc., causing injury,
etc., upon rights of other; provision of written notice, etc., by recipients instituting civil
actions for damages. (a) If medical assistance is provided to a recipient under the Alabama
Medicaid Program for injuries, disease or sickness caused under circumstances creating a cause
of action in favor of the recipient against any person, firm or corporation, then the State
of Alabama shall be subrogated to such recipient's rights and shall be entitled to recover
the proceeds that may result from the exercise of any rights of recovery which the recipient
may have against any such person, firm or corporation to the extent of the actual amount of
the medical assistance payments made by the Alabama Medicaid Program. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-6.htm - 2K - Match Info - Similar pages
25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-11.htm - 9K - Match Info - Similar pages
28-3-2
Section 28-3-2 Purpose and construction of chapter generally. (a) This chapter shall be deemed
an exercise of the police power of the State of Alabama for the protection of the public welfare,
health, peace and morals of the people of the state and to prohibit forever the open saloon,
and all of the provisions of this chapter shall be liberally construed for the accomplishment
of this purpose. (b) Except as otherwise expressly provided in this chapter, the purpose of
this chapter is to prohibit transactions in liquor and alcohol and malt or brewed beverages
which take place wholly within the state, except by and under the control of the board as
specifically provided in this chapter, and every section and provision of this chapter shall
be construed accordingly. The provisions of this chapter, through the instrumentality of the
board and otherwise, provide the means by which such control shall be made effective. This
chapter shall not be construed as forbidding, affecting or regulating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-2.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
35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-12-79.htm - 4K - Match Info - Similar pages
36-25A-9
all members of the governmental body remaining in attendance at the alleged meeting held in
violation of this chapter. If filed by an Alabama citizen, the complaint shall state specifically
how the person is or will be impacted by the alleged violation to an extent which is greater
than the impact on the public at large. Members of a governmental body who are named as a
defendant in a complaint under this chapter shall serve an initial response to the complaint
within seven business days of personal service of the complaint. A preliminary hearing
on the complaint filed shall be held no later than 10 business days after the date of the
filing of the defendant or defendants' initial response to the complaint or, if no response
is filed, no later than 17 business days after the filing of the complaint, or on the nearest
day thereafter as the court shall fix, having regard to the speediest possible determination
of the cause consistent with the rights of the parties. (b) In the preliminary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25A-9.htm - 7K - Match Info - Similar pages
45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) The Legislature of Alabama is cognizant
of "Opinion of the Justices No. 376," issued April 9, 2002, which states that a
local bill for Cherokee County "purporting to allow by local law the creation of a traffic
in alcohol that does not presently exist in smaller municipalities in Cherokee County, does
not fit within the ambit of the last paragraph of Section 104 permitting the Legislature to
pass local laws regulating or prohibiting such traffic." The effect of this Opinion of
the Justices is to greatly limit situations in which local laws may be enacted regarding alcoholic
beverages. This opinion was, in part, based upon a determination that, "Generally, 'regulate'
implies the exercise of control over something that already exists." While respecting
the constitutional authority granted to the Alabama Supreme Court to interpret the Constitution
of Alabama of 1901, this body disagrees with the conclusion reached by the court concerning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-20.htm - 4K - Match Info - Similar pages
|