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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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28-3-43
Section 28-3-43 Functions, powers, and duties of board generally; examination of board by Examiners
of Public Accounts. (a) The functions, duties and powers of the board shall be as follows:
(1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages in its
possession for sale, as defined and enumerated in this chapter. (2) To control the possession,
sale, transportation and delivery of alcoholic beverages as enumerated and defined in this
chapter. (3) To determine the localities within which any state store shall be established
and operated and the location of such store. No store shall be established in and neither
the board nor any other person may legally buy, manufacture or sell alcoholic beverages in
any county which has voted in the negative in any election called as provided in Chapter 2
of this title for determining the said issue unless and until said county has at a subsequent
similar election voted in the affirmative. The board shall have the power...
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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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28-4-1
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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28-4-316
Section 28-4-316 Grand jury proceedings generally - Effect of failure of person to attend and
testify in obedience to summons. Any person who is summoned as a witness before the grand
jury to answer as to any violation of law for the suppression of intemperance or prohibiting
the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping
or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses
to attend and testify in obedience to such summons without good cause, to be determined by
the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor,
must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the
county jail or sentenced to hard labor for the county for not more than three months, at the
discretion of the court. (Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29,
§109.)...
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28-4-263
Section 28-4-263 Issuance, etc., of warrants for search of steamboats, watercraft, depots,
railway cars, etc. A search warrant may be obtained and prosecuted in accordance with the
rules and regulations prescribed in this article in case there is probable cause to believe
and it is made to appear to the judge issuing the warrant that there is probable cause to
believe that prohibited liquors and beverages or some of them are kept or deposited in or
on a watercraft of any kind or in a depot, railway car, carriage or vehicle of any kind for
unlawful sale, furnishing, distribution or other unlawful disposition. The place where such
search is to be made should be described as nearly as possible in the affidavit and warrant
for purpose of identification. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4770; Code 1940, T. 29, §239.)...
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45-37-243.04
Section 45-37-243.04 Bonds or securities. (a) Any person before engaging in selling any alcoholic,
spirituous, vinous, or fermented liquors in any county subject to this subpart shall file
with the judge of probate, license commissioner, director of county department of revenue,
or other public officer performing like duties in such counties a bond in the approximate
sum of two times the average monthly tax estimated by such official which shall be due by
the applicant. The bond filed with such official shall be in such form and amount as may be
approved by such official. If a bond is filed, it shall be executed by a surety company licensed
and duly authorized to do business in Alabama, shall be payable to the county subject to this
subpart, and be conditioned upon the prompt filing of true reports, and the bond shall be
conditioned upon the payment by the applicant to the judge of probate, license commissioner,
director of county department of revenue, or other public officer...
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45-8-22
Section 45-8-22 Special licenses; additional taxes; maintenance of records. (a) It shall be
unlawful for any person, firm, or corporation, other than the state Alcoholic Beverage Control
Board, to sell at retail in Calhoun County any spirituous or vinous liquors without first
obtaining a special license from the judge of probate that shall be in addition to all other
licenses required by law. The amount of the special license shall be determined by the county
commission and shall be levied in the same manner as other county licenses are levied. Licenses
required by this subsection shall expire on September 30th following the date of purchase.
All proceeds from sales of the special licenses shall be placed in the general fund of the
county. (b) In addition to all other taxes levied on the possession for sale, or the sale,
of alcoholic beverages in Alabama, a tax is levied on the possession for sale, or the sale
of, spirituous or vinous beverages in Calhoun County in an amount set by the...
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28-4-25
Section 28-4-25 Allowance of reward to sheriff or other person furnishing evidence to support
conviction for violation of Section 28-4-24. Whenever any person is convicted in the circuit
court under Section 28-4-24 of unlawfully distilling or manufacturing or making any of the
prohibited liquors or beverages as defined in this chapter, there shall be charged to the
Alabama Alcoholic Beverage Control Board to be paid by them the sum of $50.00 out of the funds
used by the board for the purchase of alcoholic beverages to be allowed the sheriff or other
officer or person who furnished the evidence and brought about the conviction. Said sheriff
or other officer or person must satisfy the presiding judge that he is the person entitled
to said sum and shall receive from the judge a certificate to that effect. (Acts 1919, No.
7, p. 6; Code 1923, §4626; Code 1940, T. 29, §102; Acts 1953, No. 699, p. 954.)...
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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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