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Alabama Statutes, Title 28

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Alabama/Statutes

← All Alabama coverage

Title 28

19 chapters · 456 sections in this title.

All chapters in Title 28456 Ch 4, Regulation and Control of Alcoholic …163 Ch 3, Regulation and Control of Alcoholic …83 Ch 3A, Alcoholic Beverage Licensing Code43 Ch 11, Sale of Tobacco Products Regulated b…25 Ch 12, Consumable Hemp Products24 Ch 7, Importation, Distribution, and Sale …22 Ch 4A, Alabama Brewpub Act15 Ch 5, Regulation of Manufacture, Sale, Etc…14 Ch 8A, Business Relations Between Wholesale…11 Ch 9, Business Relations Between Wholesale…11 Ch 8, Exclusive Sales Territories and Whol…8 Ch 10, Alabama Responsible Vendor Act8 Ch 1, General Provisions7 Ch 2, Elections as to Sale and Distributio…7

163 sections·Filtered byTitle 28✕Ch 4✕

Ala. Code § 28-4-1 Definitions
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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 fr…
Ala. Code § 28-4-2 Unauthorized Possession, Sale, Delivery, Use, Etc., of Wine or Alcohol Generally
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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 or wine, e…
Ala. Code § 28-4-3 Applicability of Laws as to Possession, Transportation or Delivery of Prohibited Liquors to Possession or Receipt of Wine, Pure Alcohol, Etc., for Sacramental Purposes, Domestic Use, Etc., Generally
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The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or other fruit when the grapes or other fruit are grown by the person making the same for his own domestic use upon his own premises…
Ala. Code § 28-4-4 Applicability of Chapter

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Pursuant to the provisions of Sections 28-2-1 and 28-3-18, this chapter shall be applicable in all “dry counties” as the same are defined in Section 28-2-1 and shall apply to the manufacture or possession of illicit distilled liquors or apparatus for the manufacture of the same, …

Ala. Code § 28-4-5 Applicability to Dry Municipalities

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This chapter as amended, is hereby amended to make the same consistent with the provisions of Chapter 2A of this title, so that this chapter shall be applicable in all “dry counties” (but not in “wet municipalities”) and in all “dry municipalities,” as the terms are used in Chapt…

Ala. Code § 28-4-20 Sale, Offer for Sale, Possession, Barter, Exchange, Etc., of Prohibited Liquors and Beverages

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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 liquors and beverages des…

Ala. Code § 28-4-21 Penalties for Violations of Section 28-4-20

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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…

Ala. Code § 28-4-22 Conduct of Business of Brewer, Rectifier of Spirits or Retail or Wholesale Dealer in Liquors or Malt Liquors

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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 …

Ala. Code § 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

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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 …

Ala. Code § 28-4-24 Distillation or Manufacture of Prohibited Liquors and Beverages

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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…

Ala. Code § 28-4-25 Allowance of Reward to Sheriff or Other Person Furnishing Evidence to Support Conviction for Violation of Section 28-4-24

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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 the Alabama Alcoholic Beverage Control Board to be paid…

Ala. Code § 28-4-26 Sale, Barter, Exchange, Etc., of Prohibited Liquors or Beverages by Person Concealing Self in House, Room, Etc

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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…

Ala. Code § 28-4-27 Enforcement of Section 28-4-26

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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…

Ala. Code § 28-4-28 Storage, Etc., of Prohibited Liquors or Beverages by Person, Etc., Engaged in Business of Selling Beverages

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It shall be unlawful for any person, firm or corporation engaged in the business of selling beverages to keep or store on the premises where said beverage business is conducted any prohibited liquors or beverages, the sale, offering for sale or other disposition of which is prohi…

Ala. Code § 28-4-29 Solicitation or Receipt of Order for Prohibited Liquors or Beverages

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Any person who within this state solicits or receives any order for any spirituous, vinous or malt liquors or any other liquors or beverages prohibited by the law of the state to be sold or offered for sale or otherwise disposed of in this state in any quantity to be shipped into…

Ala. Code § 28-4-30 Punishment of Agents or Assisting Friends of Buyers or Sellers of Prohibited Liquors and Beverages

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Any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and beverages shall be punishable as if he had sold said prohibited liquors and beverages, and conviction may be had of such agent or assisting fri…

Ala. Code § 28-4-31 Exhibition of Signs Containing Names of Prohibited Liquors or Beverages or Employment of Certain Words in Designating Business by Dealers in Beverages; Use of Evidence Thereof in Prosecutions Against Dealers for Sale, Offer for Sale, Etc., of Prohibited Liquors and Beverages

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No dealer in beverages shall post or place about the premises any sign or signs containing the name of any prohibited liquors or beverages or indicating that any prohibited liquors or beverages are kept on or about the premises for sale or other disposition. Any person violating …

Ala. Code § 28-4-50 Manufacture, Sale, Possession, Etc., of Still, Etc., for Manufacture of Prohibited Liquors or Beverages

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It shall be unlawful for any person, firm or corporation in this state to manufacture, sell, give away or have in possession any still, apparatus, appliance or any device or substitute therefor to be used for the purpose of manufacturing any prohibited liquors or beverages. (Acts…

Ala. Code § 28-4-51 Unexplained Possession of Part or Parts of Still, Etc., Deemed Prima Facie Evidence of Violation of Section 28-4-50

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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 violatio…

Ala. Code § 28-4-52 Penalty for Violations of Section 28-4-50

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Any person, firm or corporation who shall violate any provision of Section 28-4-50 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary, for not less than one year nor more than five years, such punishment t…

Ala. Code § 28-4-53 Possession of Still, Etc., by Sheriff, Etc., Enforcing Law Not Deemed Violation of Section 28-4-50

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The possession of any still, apparatus or appliance taken by the sheriff or other person in enforcing the laws of this state shall not be in violation of Section 28-4-50. (Acts 1919, No. 737, p. 1086; Code 1923, §4660; Code 1940, T. 29, §135.)

Ala. Code § 28-4-54 Allowance of Reward to Sheriff, Etc., Furnishing Evidence to Support Convictions for Violations of Section 28-4-50

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When any person is convicted of violating the provisions of Section 28-4-50, there shall be charged in the bill of cost the sum of $25.00, to be allowed the person who furnished the evidence and brought about the conviction of any person or persons for the violation of the said s…

Ala. Code § 28-4-55 Allowance, Etc., of Operation, Etc., of Still, Etc., Upon Premises by Another

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It shall be unlawful for any person, firm or corporation to permit or allow anyone to have, possess, operate or locate on his premises any apparatus, plant or structure for the distilling or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, pla…

Ala. Code § 28-4-70 Prohibited

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It shall be unlawful for any person, firm, association or corporation, directly or indirectly, to keep or maintain or in any manner to aid or abet in keeping or maintaining any of the places declared by this chapter to be unlawful drinking places. The act of keeping or maintainin…

Ala. Code § 28-4-71 Unlawful Drinking Places Deemed Common Nuisances; Abatement Thereof

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Any place or room kept or maintained in violation of the provisions of this chapter defining unlawful drinking places shall be deemed to be a common nuisance and may be abated by injunction issued out of a circuit court upon a petition filed in the name of the state by the state …

Ala. Code § 28-4-72 Forfeiture of Charters of Clubs or Incorporated Associations Violating Provisions of Sections 28-4-70 or 28-4-71

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Any chartered club or incorporated association of persons under the laws of Alabama guilty of violating any of the provisions of Section 28-4-70 or maintaining or keeping any such place as is described in Section 28-4-71 shall forfeit its charter, and such forfeiture may be decla…

Ala. Code § 28-4-73 Sufficiency of Charges in Informations, Indictments, Etc.; Admissibility of Evidence

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In all affidavits, informations, complaints or indictments against any party or parties for maintaining an unlawful drinking place as defined by this chapter, it shall be sufficient to charge that the defendant maintained an unlawful drinking place contrary to the statutes applic…

Ala. Code § 28-4-90 Prohibited

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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 prohi…

Ala. Code § 28-4-91 Forfeiture of Rights of Lessee Under Lease or Rent Contract

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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…

Ala. Code § 28-4-92 Keeping of Prohibited Liquors or Beverages in Building Not Used Exclusively for Dwelling Deemed Prima Facie Evidence of Possession for Sale

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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…

Ala. Code § 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

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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 traf…

Ala. Code § 28-4-110 Carriage, Delivery, Etc., into State by Common Carrier, Etc., of Prohibited Liquors and Beverages Generally

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It shall be unlawful for any common or other carrier or any other person, corporation or association or combination of persons to carry, bring or introduce into this state or to deliver to any person whomsoever in this state any of the prohibited liquors and beverages as defined …

Ala. Code § 28-4-111 Receipt or Acceptance from Common Carrier, Etc., of Prohibited Liquors or Beverages Generally

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No person shall receive or accept any prohibited liquors or beverages from a common carrier or other carrier, except alcohol in accordance with regulations and restrictions of the laws of Alabama and for the purposes prescribed by said laws and except wine for sacramental or reli…

Ala. Code § 28-4-112 Receipt, Etc., of Prohibited Liquors and Beverages for Storage, Distribution, Etc., for Another

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It shall be unlawful for any person, firm, association or corporation to receive for storage, distribution or on consignment for another prohibited liquors and beverages or any of them or to have or maintain any warehouse or other place for the receipt, storage or distribution of…

Ala. Code § 28-4-113 Acceptance for or Shipment, Transportation, Delivery, Etc., of Prohibited Liquors or Beverages from Point to Point or Along Public Streets or Highways Within State

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It shall be unlawful for any person, firm, corporation or association, whether a common carrier or not, to accept from another for shipment, transportation or delivery or to ship, transport or deliver for another said prohibited liquors or beverages or any of them when received a…

Ala. Code § 28-4-114 Transportation and Delivery of Prohibited Liquors and Beverages C.o.d

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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 liquo…

Ala. Code § 28-4-115 Transportation of Prohibited Liquors or Beverages in Quantities of Five Gallons or More

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It shall be unlawful for any person, firm or corporation or association within this state to transport in quantities of five gallons or more any of the liquors or beverages, the sale, possession or transportation of which is prohibited by law in Alabama. Any person convicted of v…

Ala. Code § 28-4-116 Conduct of Business of Delivering, Transporting, Storing or Warehousing Prohibited Liquors and Beverages by Transfer, Warehouse, Etc., Companies; Forfeiture of Charter of Corporations Violating Provisions of Section

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No transfer company, traffic company, transportation company, warehouse company or other like corporation chartered under or by the laws of Alabama shall have any right or power to engage in or carry on the business of delivering, transporting, storing or warehousing any prohibit…

Ala. Code § 28-4-117 Procedure for Shipment, Delivery, Etc., of Alcohol and Wine to Persons for Sacramental or Nonbeverage Use - Preparation of Affidavit by Person Desiring to Receive Shipment; Copy of Affidavit to Be Attached to Container in Which Wine or Alcohol Shipped

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Any person desiring to have shipped to him under the laws of Alabama alcohol or wine for sacramental use, or for any nonbeverage use specified in Section 28-3-15, shall make an affidavit before an officer in Alabama authorized to administer oaths, stating the quantity of such alc…

Ala. Code § 28-4-118 Procedure for Shipment, Delivery, Etc., of Alcohol and Wine to Persons for Sacramental or Nonbeverage Use - Maintenance of Record of Delivery by Carrier Generally; Certificate to Be Filed with Alcoholic Beverage Control Board Stating Name of Receiver, Quantity and Character of Wine or Alcohol, Purposes for Which Received, Etc.; Inspection of Books and Records of Carrier Generally

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The common carrier delivering such wine or alcohol shall keep a record thereof and shall file in the office of the Alcoholic Beverage Control Board within 10 days after the receipt thereof a certificate stating the name of the shipper, the name of the receiver, the quantity and c…

Ala. Code § 28-4-119 Procedure for Shipment, Delivery, Etc., of Alcohol and Wine to Persons for Sacramental or Nonbeverage Use — Labeling of Packages or Containers of Wine or Alcohol for Sacramental Use

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On the outside of each package or container of alcohol or of wine shipped or sold for sacramental or religious purposes to be shipped, carried or delivered to any person in this state there shall be printed or written in the English language the name and address of the consignee …

Ala. Code § 28-4-120 Transportation from Another State, Foreign Country, Etc., or Delivery Within State of Liquors Intended to Be Used in Violation of Laws of State

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It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or any other person to ship or to transport into or to deliver in this state in any manner or by any means whatsoever any spirituous, vinous, ma…

Ala. Code § 28-4-121 Delivery from Another State, Etc., of Liquors Consigned to Fictitious Person, Firm, Etc., or Person, Firm, Etc., Under Fictitious Name

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It shall be unlawful for any railroad company, express company or any other common carrier or any officer, agent or employee of any of them or any other person to deliver any liquors of the kind mentioned in Section 28-4-120, when brought into the state from any of the points or …

Ala. Code § 28-4-122 Giving of Order for Receipt, Etc., of Liquors Consigned from Another State, Etc., to Another Person by Consignee

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It shall be unlawful for any person, firm or corporation to whom any such liquor mentioned in Section 28-4-120 has been consigned from any of the points or places mentioned in Section 28-4-120, whether consigned to the party by the right name or by a fictitious name, to give to a…

Ala. Code § 28-4-123 Acceptance of Delivery from Common Carrier, Etc., of Liquors from Another State, Etc., with Intent to Use, Etc., Same in Violation of Laws of State

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It shall be unlawful for any person, firm or corporation to accept from any railroad company, express company or other common carrier or any officer, agent or employee of any of them or from any other person any delivery of the liquors mentioned in Section 28-4-120, or any of the…

Ala. Code § 28-4-124 Delivery by Common Carrier, Etc., of Liquors from Another State, Etc., to Person, Etc., Other Than Consignee Without Written Order of Consignee Therefor

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It shall be unlawful for any railroad company, express company or other common carrier or any officer, agent or employee of any of them or any other person to deliver any of the liquors mentioned in Section 28-4-120, when brought into the state from any of the points or places me…

Ala. Code § 28-4-125 Delivery by Common Carrier, Etc., to Minor of Liquors from Another State, Etc

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It shall be unlawful for any railroad company, express company or other common carrier or any person, agent or employee thereof or any other person to deliver to any minor in this state any of the liquors mentioned in Section 28-4-120 that may be brought into this state from any …

Ala. Code § 28-4-126 Presentation, Collection, Etc., by Bank, Etc., of Draft, Bill of Exchange, Etc., Attached To, Connected With, Etc., Bill of Lading, Order, Etc., for Prohibited Liquors or Beverages

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It shall be unlawful for any bank incorporated under the laws of this state or a national bank or private banker or any individual, firm or association to present, collect or in any way handle any draft, bill of exchange or order to pay money, to which is attached a bill of ladin…

Ala. Code § 28-4-127 Duty of Common Carrier, Etc., to File with Alcoholic Beverage Control Board Statement Showing Date of Delivery, Name and Address of Consignee and Consignor, Kind and Amount, Etc., of Liquor Delivered

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It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation who shall carry or transport any of the liquors mentioned in Section 28-4-120 into this state from any of the points or places mentioned in Section 28-…

Ala. Code § 28-4-128 Alcoholic Beverage Control Board to Make Written Demand for Statement Upon Failure of Common Carrier, Etc., to File Same; Notification of Attorney General of Further Refusal or Neglect to File Statement; Institution of Proceedings for Mandamus or Injunction by Attorney General

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If any person, firm or corporation within the terms of this article shall neglect or refuse to file with the Alcoholic Beverage Control Board such statement or statements as required by Section 28-4-127, then it shall be the duty of the said board to make written demand upon such…