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28-4-115
Section 28-4-115 Transportation of prohibited liquors or beverages in quantities of five gallons
or more. It shall be unlawful for any person, firm or corporation or association within this
state to transport in quantities of five gallons or more any of the liquors or beverages,
the sale, possession or transportation of which is prohibited by law in Alabama. Any person
convicted of violating this section shall be guilty of a felony and, upon conviction, shall
be imprisoned in the penitentiary of this state for a period of not less than one year, nor
more than five years. (Acts 1927, No. 605, p. 704; Code 1940, T. 29, §187.)...
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28-4-31
Section 28-4-31 Exhibition of signs containing names of prohibited liquors or beverages or
employment of certain words in designating business by dealers in beverages; use of evidence
thereof in prosecutions against dealers for sale, offer for sale, etc., of prohibited liquors
and beverages. No dealer in beverages shall post or place about the premises any sign or signs
containing the name of any prohibited liquors or beverages or indicating that any prohibited
liquors or beverages are kept on or about the premises for sale or other disposition. Any
person violating any provision of this section shall be guilty of a misdemeanor. In case of
any charge or prosecution against any dealer in beverages for violating the law against selling,
offering for sale, or keeping for sale or otherwise disposing of prohibited liquors and beverages,
it shall be competent to make proof in the action that the party had posted such signs on
or about the premises. (Acts 1909, No. 191, p. 63; Code 1915, No....
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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...
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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-271.htm - 745 bytes - Match Info - Similar pages
28-4-265
Section 28-4-265 Liquors and beverages, etc., seized not to be recovered by writ of replevin
or detinue during pendency of proceedings under article; final judgment of condemnation to
bar actions to recover liquors and beverages, etc., seized, etc. Liquors and beverages seized
and vessels and receptacles containing them shall not be taken from the custody of the officer
by writ of replevin or detinue or other process while the proceedings under this article are
pending. A final judgment of condemnation in all proceedings under this article shall be a
bar to all actions for the recovery of any liquors and beverages or vessels and receptacles
seized or for the value of the same and for damages alleged to arise by reason of the seizure
and detention thereof. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4753;
Code 1940, T. 29, §222.)...
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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.)...
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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...
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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.)...
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28-4-290
Section 28-4-290 Advertisement and sale by sheriff, etc., of vehicle, animal, etc., seized
for illegal transportation of liquor or beverages where owner, etc., cannot be ascertained;
rights in seized vehicles, animals, etc., disposed of upon such sale by sheriff or sale by
court in condemnation proceedings. Any sheriff or other officer who seizes or comes into possession
of such vehicle, animal or property illegally used for the transportation of liquor or beverages
within or into the state and does not know or cannot ascertain the possessor or owner thereof
shall advertise and sell the same according to the rules for selling personal property under
execution, and both the court in condemnation proceedings and the said officer on advertisement
shall sell the right of all interested persons in and to said conveyances, vehicles and other
property who aided or assisted in the illegal transportation or who had knowledge or notice
thereof or could by reasonable diligence have obtained...
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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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