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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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45-37-243.02
Section 45-37-243.02 Levy of tax. (a) As used in this section, the following terms have the
meanings here given them: (1) COUNTY. Any county now or hereafter subject to this subpart.
(2) COUNTY GOVERNING BODY. The county board of revenue, the county commission, or other like
body of the county. (3) DIRECTOR OF COUNTY DEPARTMENT OF REVENUE. The director of the county
department of revenue, the license commissioner, or judge of probate of the county, or any
other public officer performing like duties in the county. (4) SECTION 3 AS AMENDED IN 1979.
Section 3 as amended by the 1979 amendment. (5) STATE ORIGINAL UNBROKEN PACKAGE POLICY. The
state policy in effect when the original Section 3 of Act 388 of the 1965 Regular Session
was approved in August 1965, prohibiting licensees from selling or keeping for sale liquor
or wine except in an original unbroken package. (6) THE 1979 AMENDMENT. The act the Legislature
of Alabama adopted during its Regular Session of 1979 amending the original...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-243.02.htm - 14K - Match Info - Similar pages
45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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28-3A-3
Section 28-3A-3 Authority of board to issue licenses to engage in alcoholic beverage transactions.
(a) Subject to the provisions of this chapter and regulations promulgated thereunder, the
board is authorized and empowered to issue and renew licenses to reputable and responsible
persons for the following purposes: (1) To manufacture, brew, distill, ferment, rectify, bottle
or compound any or all alcoholic beverages within or for sale within this state. (2) To import
any or all alcoholic beverages manufactured outside the United States of America into this
state or for sale or distribution within this state. (3) To distribute, wholesale or act as
jobber for the sale of alcoholic liquor. (4) To distribute, wholesale or act as jobber for
the sale of table wine and beer or either of them, to licensed retailers within the state
and others within this state lawfully authorized to sell table wine or beer. (5) To store
or warehouse any or all alcoholic beverages for transshipment inside and...
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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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28-4B-1
Section 28-4B-1 Home brewing of beer, mead, cider, and table wine for personal use. (a) Notwithstanding
any provisions to the contrary, a person who has not been convicted of a felony in Alabama
or any other state or federal jurisdiction, and who is not prohibited by Section 28-1-5, from
purchasing, consuming, possessing, or transporting alcoholic beverages due to age may produce
at his or her legal residence beer, mead, cider, and table wine, as those terms are defined
in Section 28-3-1, for personal use, in the amounts specified in this chapter, without payment
of taxes or fees and without obtaining a license. The aggregate amount of the beer, mead,
cider, and table wine permitted to be produced under this chapter, with respect to any legal
residence, shall not exceed 15 gallons for each quarter of a calendar year. Further, there
shall not be in any legal residence at any one time more than an aggregate amount of 15 gallons
of beer, mead, cider, and table wine which has been produced...
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41-16-123
Section 41-16-123 Provisions applicable to certain property held by division. This section
shall apply only to that property that has been held by the division for a period of not less
than 60 days from the date the property is first published in the list of surplus property,
as set out in subsection (b) of Section 41-16-121, and not purchased by any eligible entity
as set out in subsection (e) of Section 41-16-120 as follows: (1) All contracts made by or
on behalf of the State of Alabama or a department, board, bureau, commission, institution,
corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal
property owned by the State of Alabama, other than the following: a. Alcoholic beverages.
b. Products of the Alabama Institute for Deaf and Blind. c. Barter arrangements of the state
prison system. d. Books. e. School supplies. f. Food. g. Property used in vocational projects.
h. Livestock. i. Property owned by any state college or university,...
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28-3A-25
Section 28-3A-25 Unlawful acts and offenses; penalties. (a) It shall be unlawful: (1) For any
manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same,
to sell, trade, or barter in alcoholic beverages between the hours of nine o'clock p.m. of
any Saturday and two o'clock a.m. of the following Monday. (2) For any wholesaler or the servants,
agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale
or retail licensees or others within this state lawfully authorized to sell alcoholic beverages,
or to sell for export. (3) For any person, licensee, or the board, either directly or by the
servants, agents, or employees of the same, or for any servant, agent, or employee of the
same, to sell, deliver, furnish, or give away alcoholic beverages to any person under the
legal drinking age, as defined in Section 28-1-5, or to permit any person under the legal
drinking age, as defined in Section 28-1-5, to drink, consume, or possess...
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45-37-90.07
Section 45-37-90.07 Collection of fees and charges. (a) The Legislature hereby makes the following
findings: (1) Amendment 280 to the Constitution of Alabama 1901, provides that no tax levied
by the state or any municipality or county of the state shall apply to the authority, unless
such tax applies to the county and to the city where the authority is incorporated. (2) The
authority engages in various transactions at its facilities that would give rise to taxes
that would be levied by the state or any municipality or county of the state with respect
to such transactions if Amendment 280 did not exempt the authority from such taxes, such taxes
being herein referred to as transaction-related taxes. These transaction-related taxes may
include, but shall not be limited to, leasing or rental taxes, sales taxes, lodging taxes,
and taxes on the sale of alcoholic beverages or tobacco products. The Legislature intends
that the authority shall be allowed to collect a fee or charge in lieu of...
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40-23-2
Section 40-23-2 Tax levied on gross receipts; certain sales exempt; disposition of funds. There
is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected
as herein provided, a privilege or license tax against the person on account of the business
activities and in the amount to be determined by the application of rates against gross sales,
or gross receipts, as the case may be, as follows: (1) Upon every person, firm, or corporation,
(including the State of Alabama and its Alcoholic Beverage Control Board in the sale of alcoholic
beverages of all kinds, the University of Alabama, Auburn University, and all other institutions
of higher learning in the state, whether the institutions be denominational, state, county,
or municipal institutions, any association or other agency or instrumentality of the institutions)
engaged or continuing within this state, in the business of selling at retail any tangible
personal property whatsoever, including...
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