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28-1-7
Section 28-1-7 Alcoholic Beverage Control Board prohibited from issuing licenses for sale of
intoxicating beverages in Class IV municipalities; exceptions. REPEALED IN THE 2020 REGULAR
SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) 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 IV municipality organized pursuant to Section 11-44B-1, et seq., including,
but not limited to, on or off-premise consumption licenses, special event or special retail
licenses, restaurant or lounge licenses, club licenses, or other licenses for the retail sale
of any form of intoxicating beverages, including, but not limited to, beer and other forms
of malt beverages, wine, liquor, or other alcoholic beverages regulated by the board, unless
the application therefore has first been approved by the governing...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-93.htm - 8K - Match Info - Similar pages
28-4-325
Section 28-4-325 Fees of officers making seizures of prohibited liquors. When an officer arrests
any person in possession of an unlawful quantity or quantities of prohibited liquors or of
such liquors under conditions prohibited by law, then, on the conviction of such party of
a violation of a city ordinance or state law, whether in the municipal court or state court
possessing jurisdiction, the following fee for making the seizure of the liquors shall be
taxed against the defendant and paid to such officer as a part of the cost of the case: (1)
If a seizure is made of not less than one gallon nor more than five gallons of such liquors,
the fee shall be $3.00; (2) If the seizure is of more than five gallons and less than 20 gallons,
the fee shall be $5.00; and (3) If more than 20 gallons is seized, the fee shall be $10.00.
(Acts 1915, No. 491, p. 553; Code 1923, §4654; Code 1940, T. 29, §129.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-325.htm - 1K - Match Info - Similar pages
13A-8-35
Section 13A-8-35 Exceptions. This article shall not apply to purchases of metal property from
any of the following: (1) A law enforcement officer acting in an official capacity unless
the law enforcement officer is investigating a compliance issue pursuant to this article or
is presenting metal property for sale. (2) A trustee in bankruptcy, executor, administrator,
or receiver who has presented proof of such status to the secondary metals recycler. (3) Any
public official acting under a court order who has presented proof of such status to the secondary
metals recycler. (4) A sale or the execution, or by virtue, of any process issued by a court
if proof thereof has been presented to the secondary metals recycler. (5) A manufacturing,
industrial, or other commercial vendor that generates or sells regulated metal property in
the ordinary course of its business. (6) A municipal, county, state, federal, or other governmental
entity. (7) A utility company. (8) A funeral home or the owner...
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28-4-27
Section 28-4-27 Enforcement of Section 28-4-26. If any person violates a provision of Section
28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction
of misdemeanors that spirituous, vinous or malt liquors, or other beverages or liquors, prohibited
by law to be sold, given away or otherwise disposed of have been sold, given away or otherwise
disposed of in violation of law and that the person committing such offense comes within the
terms of Section 28-4-26 and that such person is known or unknown to the person making the
complaint and that other parties present and participating in the tippling or drinking of
liquors at such place are unknown to the person making the complaint, it shall be the duty
of such judge to issue forthwith a warrant of arrest for such party for the offense charged
in the complaint and immediately to place such warrant in the hands of the sheriff or other
lawful officer. (Acts 1909, No. 191, p. 63; Code 1923, §4630; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-27.htm - 1K - Match Info - Similar pages
13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-200.8.htm - 7K - Match Info - Similar pages
13A-12-74
Section 13A-12-74 Disposition of proceeds of sale of forfeited vehicle. The proceeds of the
sale of any such vehicle or conveyance forfeited to the state shall, after paying all expenses
in the cause, including the costs of seizure and of keeping a property pending the proceedings,
be applied as follows: One half shall be paid into the general fund of the county in which
the property is seized, and the other one half shall be paid into the Law Enforcement Fund
to be used and applied on the enforcement of state laws under the supervision and control
of the Governor; but provided, that when such property shall be seized by an officer of a
municipality, one half thereof shall be paid into the general fund of the municipality, one
quarter thereof shall be paid into the general fund of the county and the other one quarter
shall be paid into the law enforcement fund to be used and applied on the enforcement of state
laws under the supervision and control of the Governor. (Acts 1951, No. 798,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-74.htm - 1K - Match Info - Similar pages
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
28-4-225
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-225.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...
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