11-47-112
Section 11-47-112 Promotion of temperance; suppression of intemperance and traffic in certain
beverages, etc. All cities and towns of this state shall have the power to adopt ordinances
not inconsistent with the laws of the state to promote temperance and to suppress intemperance
and to suppress the traffic in such beverages as the laws of the state prohibit to be manufactured,
sold, or otherwise disposed of, and to prevent evasion of such ordinances. Such cities and
towns shall also have the power to provide for the destruction of liquors and beverages kept
for sale in violation of law or for other illegal purposes and that may be declared to be
contraband. (Acts 1909, No. 161, p. 174; Code 1923, §2054; Code 1940, T. 37, §487.)...
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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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28-4-270
Section 28-4-270 Forfeiture and condemnation proceedings generally - Issues, etc., where more
than one claimant to liquors and beverages seized. If different parties appear and claim separate
portions of the liquor and beverages and vessels and receptacles seized, separate answers
may be filed and separate issues may be framed and the trial had accordingly before the district
court. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4760; Code 1940, T.
29, §229.)...
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28-4-91
Section 28-4-91 Forfeiture of rights of lessee under lease or rent contract. The unlawful manufacture,
sale, keeping for sale, giving away or otherwise disposing of any prohibited liquors or beverages
contrary to the law of the state or the carrying on of the business of a retail or wholesale
dealer in liquors or retail or wholesale dealer in malt liquors or the business of a brewer,
distiller or rectifier of spirits shall, at the option of the landlord or lessor, work a forfeiture
of all the rights of any lessee or tenant under any lease or contract of rent of the premises
where such unlawful act is performed or such unlawful business is conducted by the lessee
or tenant or by any agent, servant, clerk or employee of the lessee or tenant with the latter's
knowledge or permission. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4684;
Code 1940, T. 29, §154.)...
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28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
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28-4-317
Section 28-4-317 Grand jury proceedings generally - Offenses as to which witnesses may be required
to testify; initial interrogation of witnesses to particular offense not required. The witnesses
before the grand jury to give evidence may be required to answer generally as to any offense
against the laws of Alabama for the promotion of temperance and the suppression of intemperance
committed within their knowledge during the 12 months next preceding or as to any violation
within said time of any law of the state prohibiting the manufacture, sale or other disposition
of any of said prohibited liquors or beverages or the maintaining of any unlawful drinking
place or liquor nuisance, and it shall not be necessary to first specially interrogate the
witnesses to any particular offenses. (Acts 1909, No. 191, p. 63; Code 1923, §4634; Code
1940, T. 29, §110.)...
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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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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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28-4-51
Section 28-4-51 Unexplained possession of part or parts of still, etc., deemed prima facie
evidence of violation of Section 28-4-50. The unexplained possession of any part or parts
of any still, apparatus, appliance or any device or substitute therefor commonly or generally
used for or that is suitable to be used in the manufacture of prohibited liquors and beverages
shall be prima facie evidence of a violation of Section 28-4-50. (Acts 1919, No. 737, p. 1086;
Code 1923, §4657; Code 1940, T. 29, §132.)...
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28-4-229
Section 28-4-229 Fees and allowances of officers executing writs of seizure; payment of costs
in proceedings. There shall be allowed the officer making the seizure under a writ issued
under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of $3.00 and the
sum of $.10 for every mile traveled in making the seizure, 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 other movable property seized, all which costs shall be taxed
in the bill of costs and, if not collected from a defendant, then shall be taxed and paid
as in criminal prosecutions in which the state fails. The costs in such injunction proceedings,
unless charged against some party defendant by the court and collected from him, shall be
paid as in criminal actions in which the state fails, upon the court making an order to that
effect. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,...
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