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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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28-4-323
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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45-28-20
Section 45-28-20 Beer tax distribution. Notwithstanding any other provision of law, in Etowah
County, the beer taxes imposed pursuant to Section 28-3-190 shall be collected by the county
judge of probate and distributed as follows: The entire amount of tax shall be paid to the
Etowah County Commission and the net revenue, after reimbursing the county general fund for
all expenses incurred in the administration and enforcement of the tax, shall be distributed,
as follows: a. For beer delivered for retail sale within the corporate limits of a municipality
having a board of education, all such proceeds shall be distributed according to the following
percentages: 20.83 1/3 percent to the Etowah County General Fund; 20.83 1/3 percent to the
local boards of education of Etowah County, to be divided pro rata among them in accordance
with the most recent average daily membership figures, to be used for capital outlay purposes,
renovation and repairs and to preserve teacher units under the...
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45-37-20
Section 45-37-20 Issuance and regulation of liquor licenses. (a)(1) As used in this section,
the following words and terms have the meanings hereby ascribed to them: a. ABC LAW. Chapter
3 of Title 28, which establishes and governs the Alcoholic Beverage Control Board. b. AUTHORITY.
A civic center authority heretofore or hereafter established by and under Acts 1965, No. 547,
1965 Regular Session (Acts 1965, p. 797), approved August 20, 1965, (Appendix, Sections 1049(78)
to 1049 (84)), and any board or commission created by ordinance by any municipality within
the state for the purpose of operating a civic center. c. BOARD. The Alcoholic Beverage Control
Board. d. CIVIC CENTER. The civic center established by the authority under Section 6 of Acts
1965, No. 547, 1965 Regular Session (Acts 1965, p. 797) (Appendix, Section 1049(83)), and
also, any civic center operated by a board or commission created by ordinance by any municipal
corporation within the state for the purpose of operating a...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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28-3-45
Section 28-3-45 Supervision of sale and distribution of malt or brewed and vinous beverages;
collection of licenses and taxes accruing from sale, distribution, etc., of malt and vinous
beverages generally. (a) The board is authorized, empowered and directed to supervise the
conduct, management and operation of the sale and distribution within this state of all malt
or brewed beverages as defined in this chapter and vinous beverages of an alcoholic content
of not to exceed 24 percent by volume. (b) The board is authorized and directed to collect
all licenses and taxes levied in this chapter accruing from the sale, distribution, receipt
or storing for the purpose of sale within this state any and all malt and vinous beverages
enumerated and defined in this chapter. (Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940,
T. 29, ยง42.)...
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28-2-23
Section 28-2-23 Levy and collection of tax upon sale of malt beverages by counties or municipalities
permitting sale under article; disposition of proceeds from tax. Any county or municipality
which allows the sale of malt beverages under the provisions of this article shall be authorized
to levy and collect a tax upon the sale of such beverages in an amount not to exceed $.05
on each 12 fluid ounces or fraction thereof; provided, that the county shall not have authority
to impose such tax within any incorporated municipality within such county. A minimum of 60
percent of the proceeds of such tax shall be used solely for the purpose of public education,
with the remainder to be allocated by the county commission or municipal governing body levying
and collecting the tax for any other public use. The county commission shall distribute the
proceeds of this tax for public education to school systems within the county on the same
basis as the total calculated costs of the Foundation...
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45-28A-72
Section 45-28A-72 Regulation of sale of alcoholic beverages on Sunday. (a) The voters of the
City of Rainbow City in Etowah County may authorize the sale of alcoholic beverages within
the municipality on Sunday by an election pursuant to this section, in the following manner:
The governing body of the City of Rainbow City, by resolution, may call an election for the
municipality to determine the sentiment of the voters of the municipality residing within
the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed
on Sunday within the municipality. (b) On the ballot to be used for such election, the question
shall be in the following form: "Do you favor the legal sale and distribution of alcoholic
beverages within this municipality, on Sunday between 1:00 P.M. and 9:30 P.M. and on those
Sundays on which occurs New Year's Eve (December 31), after 1:00 P.M.? Yes ___ No ___."
(c) The election shall be held and the officers appointed to hold the...
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28-2-22
Section 28-2-22 Conditions governing sale of alcoholic beverages in county and municipalities
therein where majority of voters approve sale and distribution under article; penalty for
violation of section. (a) If the majority of the voters in any county approve the sale and
distribution of alcoholic beverages under this article as provided in Section 28-2-21, the
sale of alcoholic beverages in such county shall be governed by the following conditions:
(1) Within 90 days after the affirmative vote of the voters of a county, each governing body
of any incorporated municipality within such county may vote to exclude the sale of alcoholic
beverages within its limits as provided for in this article. If the governing body does not
take such action 90 days after the affirmative election, the provisions of this article shall
apply for a period of 10 years, after which the municipality shall again have 90 days to exclude
said municipality. Should a municipality choose to exclude the application...
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