Title 28 — Title 28

The carrier or party making delivery must keep a record of all such deliveries of wine for such purposes, subject to the conditions applicable to other shipments of liquor. History: (Acts 1919, No. 653, p. 906; Code 1923, §4739; Code 1940, T. 29, §208.)

Generally. Any person who shall sell any wine or alcohol in this state for any purpose other than allowed by law or who shall fail to comply with any regulation respecting the sale, delivery or use of alcohol or wine or who shall receive, have in possession or possess any alcohol…

Liquors and Beverages. It shall be unlawful for any person, firm or corporation or association within this state to sell, offer for sale, keep or have in possession, barter, exchange or to give away, furnish at a public place or elsewhere or otherwise dispose of the prohibited li…

for Private Use Permitted; Storage, Possession, Etc., of Alcoholic Beverages in Passenger Area of Vehicles or in View of Passengers. Any person 19 years of age or over shall be entitled to have in his possession in his motor vehicle or a private residence or place of private resi…

Such Alcoholic Beverages; Penalties for Violations of Article. (a) It shall be unlawful for any person residing in or traveling through any dry county in this state to sell or offer to sell such alcoholic beverages to another or to have in his possession at any one time any amoun…

Any violation of Section 28-4-20 shall be a misdemeanor punishable by a fine of not less than $50.00 nor more than $500.00, to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more…

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 firs…

The nuisances named in this chapter as liquor nuisances may be abated by a proceeding in a circuit court. The Attorney General or the district attorney or deputy district attorney where his official duties require him to prosecute criminal cases on behalf of the state may, upon t…

The petition to be filed to abate such nuisances may be filed against any person, firm or corporation who maintains or aids in maintaining such nuisance, including agents, servants and employees, as well as officers, of corporations. History: (Acts 1909, No. 191, p. 63; Acts 1915…

The petition shall state the facts upon which the application is based and shall be verified by the affidavit of the officer or citizen filing the action, either upon knowledge or information and belief, as the circumstances may warrant, and, in case the petition is filed by any …

When a petition making a prima facie case and properly verified is presented to the judge of the court wherein the petition is filed or is to be filed or other judge authorized by the law of the state to grant a preliminary injunction, such judge may, after notice to the adverse …

Preliminary Injunction. No bond shall be required as a condition precedent to the issuance of a preliminary injunction when the action is brought by the Attorney General of the state or a district attorney or deputy district attorney. History: (Acts 1909, No. 191, p. 63; Acts 191…

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…

The writ shall name or describe the person or other party whose premises are to be searched and shall describe as nearly as possible the liquors or beverages that are to be seized and the place where said liquors and beverages are to be seized, as prescribed in this chapter for o…

Generally - Destruction. Whenever it shall be finally decided in the action that the liquors seized as aforesaid are forfeited and that they were kept or stored for an illegal purpose, the judgment of the court shall order the officer having said liquors in custody to forthwith d…

Generally - Restoration to Owner. If it shall be finally decided that any liquors or beverages so seized are not liable to forfeiture, the court shall order the officer having the same in custody to restore said liquors, with the vessels containing the same, to the place where th…

Costs in Proceedings. There shall be allowed the officer making the seizure under a writ issued under Sections 28-4-225 and 28-4-226 in an injunction proceeding the sum of $3.00 and the sum of $.10 for every mile traveled in making the seizure, together with such reasonable sum a…

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 assoc…

Who May Be Enjoined from Maintaining, Etc., Nuisance. The owner of and all persons interested in the building or premises where the nuisance exists or any agent renting the same, as well as the keeper thereof, may be joined with the keeper as parties defendant to the proceedings,…

Judgments Generally; Rules of Evidence, Practice and Procedure. The court shall have full power and authority to maintain its jurisdiction and by all suitable orders and writs to enforce its judgments in respect to the subject matter of the action and to so shape and mould its ju…

Prohibited Liquors and Beverages, Movable Property, Etc., Used in Connection with Nuisance. Upon the final hearing of the action instituted to abate a liquor nuisance, if it shall appear that the petition has been sustained by the evidence or has been admitted, the court shall en…

Any person, firm or corporation who shall, within this state, distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part of which is alcohol, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at…

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 th…

Prohibited liquors and beverages kept, stored or deposited in any place in this state for the purpose of sale or unlawful disposition or unlawful furnishing or distribution and the vessels and receptacles in which such liquors are contained are declared to be contraband and are f…

Generally - Issuance - Authorization and Procedure Generally. Search warrants for the seizure of liquors and beverages that are prohibited to be sold or otherwise disposed of in this state, together with the vessel or other receptacle in which they are contained, may be issued as…

Generally - Issuance - Persons Authorized. The warrant may be issued by a judge of a district court. History: (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4742; Code 1940, T. 29, §211; Acts 1955, 2nd Ex. Sess., No. 45, p. 151.)

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,…

Generally - Issuance - Standard for Issuance; Contents of Affidavit Supporting Determination of Probable Cause. Said warrants shall be issued only on probable cause supported by affidavit naming or describing the person or other party whose premises are to be searched, if known, …

Generally - Issuance - Examination of and Taking of Depositions from Complainant and Witnesses; Contents of Depositions. The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their depositions …

Generally - Issuance - Issuance by Judge. If the judge of the district court is satisfied of the existence of ground or grounds for the application, or one of them, or that there is probable cause to believe the existence of them, or one of them, he must issue a search warrant, s…

Generally - Form. The warrant may be in substantially the form prescribed by law for other search warrants and must, except as otherwise specified in this article, be executed in the manner and with the authority of the officer as prescribed by law in respect to other search warr…

Generally - Execution - Persons Authorized. The warrant may be executed by any one of the officers to whom it is directed, but by no other person, except in aid of the officer, he being present and acting in its execution. The complainant may accompany the officer who executes th…

Generally - Execution - Time. The warrant may be executed at any time between 8:00 A.M. and 6:00 P.M. or at any other time that the place or premises are open. History: (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4751; Code 1940, T. 29, §220.)

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 wh…

Generally - Execution - Giving of Receipt for Prohibited Liquors and Beverages, Etc., Seized Under Warrant. When an officer takes prohibited liquors and beverages under the warrant, he must, if required, give a receipt to the person from whom they were taken or in whose possessio…

Generally - Limitation Period for Execution and Return of Warrant. The warrant must be executed and returned to the judge of the district court by whom it was issued within 10 days from the date of issuance. After that time, if it has not been executed, it is void. History: (Acts…

Generally — Return of Warrant; Furnishing of Copies Thereof to Applicant for Warrant, Etc. The officer in his return of the warrant to the judge of the district court must specify with particularity the liquors and beverages and other articles taken, and the applicant for the war…

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 …

When liquors and beverages and vessels and receptacles are seized by the officer, they shall be held by him subject to the order of the judge of the district court or the court to which the proceedings may be carried by appeal, and, upon final judgment in accordance with the proc…

Replevin or Detinue During Pendency of Proceedings Under Article; Final Judgment of Condemnation to Bar Actions to Recover Liquors and Beverages, Etc., Seized, Etc. Liquors and beverages seized and vessels and receptacles containing them shall not be taken from the custody of the…

Liquors and Beverages, Etc., Seized to Appear and Show Cause Why Same Should Not Be Forfeited and Destroyed. Upon the return of the warrant to the judge of the district court showing a seizure thereunder, the judge shall issue a notice directed generally to all persons claiming a…

A copy of such notice shall be delivered to the person or other party who kept the liquors and beverages or had possession of the liquors and beverages at the time of the seizure, and a copy shall also be delivered to the party named in the affidavit for the warrant if a differen…

Beverages, Etc., Seized. At the time and place specified in the notice, any person claiming any right, title or interest in the liquors and beverages and vessels and receptacles seized under such warrant may interpose a verified answer controverting the allegations of the complai…

Parties Generally; Style of Action; Trial of Action Generally. The issue thus framed shall be deemed an action pending in the court of the judge who issued the warrant between the State of Alabama, on the relation of the complainant, and the liquor and beverages and vessels and r…

If any person violates a provision of Section 28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction of misdemeanors that spirituous, vinous or malt liquors, or other beverages or liquors, prohibited by law to be sold, given away or otherwise d…

Where More Than One Claimant to Liquors and Beverages Seized. If different parties appear and claim separate portions of the liquor and beverages and vessels and receptacles seized, separate answers may be filed and separate issues may be framed and the trial had accordingly befo…

Action. Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant, he shall appear on the day fixed for the hearing. The district attorney or his deputy shall appear and prosecute said action on behalf of the state. History: (Acts 1909, No. …

Be Excused from Attending and Testifying or Producing Books, Papers, Etc., at Hearing or Trial; Immunity from Prosecution as to Transactions, Etc., as to Which Testimony or Documents Produced. No person, except one who answers claiming some right, title or interest in the liquors…

Hearing or Trial Generally; Entry of Judgment of Forfeiture and Delivery of Liquors and Beverages to Alcoholic Beverage Control Board Generally; Destruction of Nonfederal Tax-Paid Liquors and Beverages; Disposition of Funds Paid into Court by Alcoholic Beverage Control Board. If …

Judgment of Dismissal and Return of Liquors and Beverages, Etc., to Place or Person from Which or from Whom Taken Generally. If the testimony produced on the hearing before the judge or upon such trial before the judge or court shall fail to establish the complaint or that a grou…