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28-4-90
Section 28-4-90 Prohibited. If any person shall willfully let or suffer any other person, firm
or corporation to use any premises which he owns or controls for the illegal sale or manufacture
or other unlawful disposition of spirituous, vinous or malt liquors or any other liquors,
liquids or beverages prohibited by the laws of Alabama to be manufactured, sold or otherwise
disposed of for use by a wholesale or retail dealer in liquors or by a wholesale or retail
dealer in malt liquors or by a rectifier of spirits or distiller or for the illegal storage
or warehousing of such liquors and beverages, he shall be guilty of a misdemeanor. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4683; Code 1940, T. 29, §153.)...
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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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28-4-91
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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28-4-253
Section 28-4-253 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Grounds. The warrant may be issued on any one of the following grounds: (1) When
any person, firm, association of persons or corporation or unknown person or other party keeps
a place where prohibited liquors and beverages, or any of them, are manufactured, sold, kept
for sale or otherwise disposed of contrary to law or when such liquors and beverages, or any
of them, are stored for sale, delivery or distribution contrary to law or for other illegal
purposes in any warehouse or other place; (2) When such prohibited liquors or beverages, or
any of them, are in the possession of any person, firm, association of persons or corporation
conducting on the premises an unlawful drinking place or maintaining a liquor nuisance thereon
by means thereof; or (3) When any person, firm, association or corporation is carrying on
at a place the business of a retail or wholesale dealer in...
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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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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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28-4-282
Section 28-4-282 Appliances used, etc., for distillation or manufacture of prohibited liquors
and beverages declared contraband; said appliances and products thereof to be summarily destroyed
by sheriffs, etc., finding same; property, etc., where distillery, etc., found forfeited to
state. All appliances which have been used or are used or ready to be used for the purpose
of distilling or manufacturing any prohibited liquors or beverages are contraband, and no
person, firm or corporation or association of persons shall have any property rights in or
to the same, and when said appliances or apparatus so used or ready to be used or that have
been used for the manufacture of any prohibited liquors and beverages shall be found by any
sheriff or other law officer, the same shall be by said officer at once summarily destroyed
and rendered useless for service. The officer shall also summarily destroy any liquor or liquids,
the product of a distillery or plant for the making of a prohibited...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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28-4-22
Section 28-4-22 Conduct of business of brewer, rectifier of spirits or retail or wholesale
dealer in liquors or malt liquors. It shall be unlawful within this state to carry on the
business of a brewer, rectifier of spirits or retail or wholesale dealer in liquors or retail
or wholesale dealer in malt liquors, and any violation of this section, whether a first or
subsequent offense, shall be punishable as prescribed in Section 28-4-21. The carrying on
of business as such brewer or rectifier of spirits or retail or wholesale dealer in liquors
or retail or wholesale dealer in malt liquors shall, for each separate day that it is carried
on, constitute a separate offense, to be punished as prescribed in Section 28-4-21. (Acts
1915, No. 1, p. 1; Code 1923, §4623; Code 1940, T. 29, §100.)...
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28-4-26
Section 28-4-26 Sale, barter, exchange, etc., of prohibited liquors or beverages by person
concealing self in house, room, etc. Any person who conceals himself in any house, room, booth,
enclosure or other place and sells, gives away, barters, exchanges or otherwise disposes of
spirituous, vinous or malt liquors or any other prohibited liquors or beverages or who, by
any device or subterfuge, sells, gives away or otherwise disposes of any of said prohibited
liquors or beverages in violation or evasion of law or who, in any house, room, booth, enclosure
or other place, in such manner and under such circumstances as that he cannot be seen by persons
from the exterior, sells, gives away or otherwise disposes of any such prohibited beverages,
contrary to law, shall be fined not less than $50.00 nor more than $500.00 and may also be
imprisoned in the county jail or sentenced to hard labor for the county for not less than
three months nor more than six months, at the discretion of the court....
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