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28-4-93
Section 28-4-93 Delivery of prohibited liquors or beverages to stores, shops, dwellings, etc.,
from which sale prohibited deemed prima facie evidence of sale, etc. The delivery of liquors
or beverages prohibited by the law of the state to be manufactured, sold or otherwise disposed
of in or from any store, shop, warehouse, boat or other vessel or vehicle of any kind or any
shanty or tent or any building or place used for the purpose of traffic or any dwelling house
or dependency thereof, if any part of the same is used as a public eating house, grocery or
other place of common resort, shall be deemed prima facie evidence of a sale or other unlawful
disposition. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4686; Code 1940,
T. 29, §156.)...
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28-4-92
Section 28-4-92 Keeping of prohibited liquors or beverages in building not used exclusively
for dwelling deemed prima facie evidence of possession for sale. The keeping of liquors or
beverages that are prohibited by the law of the state to be manufactured, sold or otherwise
disposed of in any building not used exclusively for a dwelling shall be prima facie evidence
that they are kept for sale or with intent to sell the same contrary to law. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4685; Code 1940, T. 29, §155.)...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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28-3-244
Section 28-3-244 Condemnation and delivery to board of liquors seized upon which federal tax
has been paid and containers of which are unbroken or unopened. Any liquors and beverages
that are prohibited to be sold or otherwise disposed of in this state, including malt or brewed
beverages, together with the vessels or other receptacles in which they are contained, that
have been heretofore or may hereafter be seized by any officer of the state, county or municipal
government, regardless of whether seized under the authority of a search warrant or not, upon
which it appears that the federal tax has been paid, the federal stamp being located on the
container being prima facie evidence thereof, and the containers of which appear to be unbroken
or which appear to have never been opened after the placing thereon of the federal stamp or
seal shall, upon a court order of forfeiture, be delivered immediately to the Alcoholic Beverage
Control Board at Montgomery, Alabama, or to a properly...
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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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28-4-323
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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28-4-1
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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28-4-23
Section 28-4-23 Keeping, etc., of prohibited liquors and beverages in lockers, rooms, etc.,
of social clubs, etc.; duty of officers of such clubs, etc., to prevent violations of section.
No prohibited liquors and beverages shall be kept or permitted to be kept by members or others
in any locker or room of or on the premises of any social club or of any other association
or organization of persons, whether of a fraternal or social nature or otherwise, and whether
incorporated or not, and such club or club room shall not be deemed to be at the home or private
premises of any member thereof. It shall be the duty of all officers of any such club or association
of persons, and especially of the secretary, manager or other officer in charge of the premises,
to prevent the violation of this section by the members or by others resorting thereto. The
presence of prohibited liquor in any locker or any other place on the premises or about the
rooms of any such club or association of persons shall...
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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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28-4-114
Section 28-4-114 Transportation and delivery of prohibited liquors and beverages C.O.D. If
any prohibited liquors and beverages are delivered to a carrier to be by the carrier transported
and delivered C.O.D. to any person at a point in this state, meaning thereby to collect on
delivery by the carrier for the consignor the amount of the purchase money for such liquors,
then and in every case the carrier shall be deemed and held the agent of the consignor, and
all such prohibited liquors and beverages shall remain the property of the consignor until
actually delivered and the money paid to the carrier therefor; and the servant or agent of
the carrier who knowingly delivers any such liquors or receives pay therefor within the state
shall be guilty of a misdemeanor. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code
1923, §4716; Code 1940, T. 29, §185.)...
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