Title 28 — Title 28

Liquors or Beverages Generally. 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 exc…

Distribution, Etc., for Another. 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 re…

Liquors or Beverages from Point to Point or Along Public Streets or Highways Within State. 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…

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…

Gallons or More. 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 pers…

Warehousing Prohibited Liquors and Beverages by Transfer, Warehouse, Etc., Companies; Forfeiture of Charter of Corporations Violating Provisions of Section. No transfer company, traffic company, transportation company, warehouse company or other like corporation chartered under o…

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. Any person desiring to have shipped to him under the laws of Alabama alcohol or wine for sacrament…

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 a…

for Sacramental or Nonbeverage Use — Labeling of Packages or Containers of Wine or Alcohol for Sacramental Use. 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 perso…

Within State of Liquors Intended to Be Used in Violation of Laws of State. 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 thi…

Person, Firm, Etc., or Person, Firm, Etc., Under Fictitious Name. 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 Sectio…

State, Etc., to Another Person by Consignee. 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 rig…

Another State, Etc., with Intent to Use, Etc., Same in Violation of Laws of State. 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 ot…

to Person, Etc., Other Than Consignee Without Written Order of Consignee Therefor. 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 i…

State, Etc. 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 sta…

Etc., Attached To, Connected With, Etc., Bill of Lading, Order, Etc., for Prohibited Liquors or Beverages. 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 o…

Board Statement Showing Date of Delivery, Name and Address of Consignee and Consignor, Kind and Amount, Etc., of Liquor Delivered. 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 t…

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. If any person, firm or corporation within the terms of this a…

Attorney or Police Officers. It shall be the duty of the board to file immediately the statement required by Section 28-4-127 as a part of the files of its office and to permit any sheriff, deputy sheriff, constable, chief of police or other police officer of a municipality, dist…

Admissibility in Evidence of Statements or Copies. The Alcoholic Beverage Control Board shall give a certified copy of such statements to any of the officers mentioned in Section 28-4-129 without charge or to other persons requesting or demanding the same upon the payment of lawf…

Delivery, Name and Address of Consignee and Consignor, Kind and Amount, Etc., of Liquors Delivered. It shall be the duty of every railroad company, express company or other common carrier and of every person, firm or corporation that shall carry or transport any of the liquors me…

Admissibility in Evidence of Record. The record required by Section 28-4-131 to be kept by common carriers or persons, firms or corporations making delivery of said liquors or any of them in this state from any point or place mentioned in Section 28-4-120 shall also be open to th…

Records, Papers, Etc., in Connection with Prosecutions Under Article, Etc. In the prosecutions of violations of this article or any law for the suppression of the evils of intemperance or the promotion of temperance, any common carrier doing business in the State of Alabama or an…

Trials for Violations of Article; Immunity from Prosecution as to Matters Disclosed. No person shall be excused from testifying before the grand jury or at the trial in any prosecution for any violation of provisions contained in this article, but no disclosure or discovery made …

In all prosecutions under this article for unlawful shipments of the liquors mentioned in Section 28-4-120 into this state, the offense shall be held to have been committed in any county of the state through which or into which said liquors have been carried or transported or in …

Express Companies, Etc.; Duties of District Attorney in Cases of Grand Jury Indictments. (a) Any railroad company, express company or other carrier or any person or corporation violating any of the provisions of this article or failing to comply with any requirements thereof shal…

or Beverages. The provisions of this article in respect to the transportation of prohibited liquors into the state shall not apply to shipments transported by any railroad company or other common carrier of unbroken packages in sealed cars or vehicles in continuous transit throug…

Statements as to Sales with Alcoholic Beverage Control Board. Wholesale druggists may sell in wholesale quantities to retail druggists, public or charitable hospitals and medical or pharmaceutical colleges pure alcohol for medicinal purposes only and grain alcohol to be used by c…

for Compounding of Prescriptions, Etc. Any retail druggist in this state who is himself a registered or licensed pharmacist or who regularly employs a licensed or registered pharmacist may sell in the manner set out in this article pure alcohol for medicinal purposes only and gra…

Mechanical Purposes; Execution of Statement by Persons Desiring to Purchase Alcohol for Said Purposes. The retail druggists may sell, in quantities not greater than five gallons, alcohol to be used in the arts or for scientific or mechanical purposes and such druggists may sell i…

Regularly licensed and practicing physicians may purchase grain alcohol or pure alcohol in quantities of not more than one gallon at one time from wholesale or retail druggists and may use the same in compounding and dispensing remedies in the practice of their profession only. H…

Prescription of Physician; Physician to Conduct Examination Prior to Issuing Prescription. No sale of pure alcohol for medicinal purposes shall be made by any person authorized by the law under proper circumstances to make sale of such liquor for medicinal purposes except upon th…

Alcohol Will Be Used by Patient for Medicinal Purposes. No physician shall prescribe alcohol for any patient simply upon the affirmation or statement or promise of said patient that he will use the same for medicinal purposes, but the said prescription must be based upon the prof…

Prescribe Alcohol for Medicinal Purposes; Form of Affidavit; Fee of Probate Judge for Filing and Recordation of Affidavit. (a) Before any physician shall be authorized to prescribe alcohol for medicinal purposes, he shall first file with the probate judge of the county in which h…

Said prescription shall state the disease or ailment from which the patient is suffering and shall prescribe the method of the use or administration of said alcohol and the quantity of the dose or doses to be taken and the intervals between doses or the time when the same are to …

The following form of prescription shall be used: “State of Alabama, ____ County. I, _____, a regularly licensed and practicing physician under the laws of said state, do hereby certify that I have examined _____, a patient under my charge, and I do hereby prescribe for the use o…

Judge to Preserve Same and Deliver to Next Grand Jury for Examination. The physician shall immediately file a copy of the prescription, signed by himself, in the office of the probate judge, who shall preserve the same and deliver all such prescriptions to the next grand jury for…

and Delivered on Prescription; Disposition of Prescription When Filled by Druggist; Filling of Prescription at Certain Drugstores in Which Prescribing Physician Has Financial, Etc., Interest. (a) No prescription shall be filled under this article except upon the day upon which it…

Required to Be Filed by Article; Fee of Probate Judge; Evidentiary Effect of Certified Copy of Statement or Prescription. All statements or prescriptions required by this article to be filed in the office of the probate judge shall be recorded and properly indexed by him in a boo…

No physician shall prescribe whiskey, rum, gin or brandy or any prohibited liquor for medicinal purposes, except alcohol as provided by law. History: (Acts 1919, No. 7, p. 6; Code 1923, §4727; Code 1940, T. 29, §197.)

It shall be unlawful for any person to give away the essence, extract or tincture of Jamaica ginger for beverage purposes or for any person, except a druggist or proprietor of a drugstore, who is entitled by law to sell alcohol for medicinal purposes upon prescription of a physic…

Alcohol, Unauthorized Use of Alcohol, Etc., by Physicians. Any physician who issues any prescription containing any false statement or who fails to comply with any requirement of the law in regard to the giving of prescription for alcohol to patients or who uses alcohol except fo…

of Jails. No sheriff, jailer, police officer, marshal or other person in charge of any jail or lockup, under any pretense whatever, shall give, sell or deliver to any prisoner therein any spirituous, vinous or malt liquors or any other liquor or beverage prohibited by law to be s…

Any person who violates any provision of this article shall be guilty of a misdemeanor, when not otherwise expressed, and shall be punished as prescribed in this section. Such person, except in cases where other punishment is prescribed, shall, on conviction, be punished by a fin…

Use Wine for Sacramental or Religious Purposes. The following persons are authorized to purchase, have shipped from outside of the state, receive, accept delivery of, possess and use wines for sacramental or religious purposes: any minister, pastor or officer of a regularly organ…

It shall be unlawful to sell wine for sacramental purposes, except to a minister, pastor, priest or officer of a regularly organized religious congregation or church. Any such person desiring to make such purchase in quantities not exceeding one gallon from a druggist shall sign …

from Outside the State - Required. When any such person desires to have shipped from outside of the state wine for sacramental purposes in the usual religious exercises of his denomination, he may apply to the Alcoholic Beverage Control Board for a permit, stating the amount desi…

from Outside the State - Permit to Be Used for One Shipment Only; Expiration. The permit provided for in Section 28-4-182 may be used for only one shipment and shall be void 20 days after the date of issuance. History: (Acts 1919, No. 653, p. 906; Code 1923, §4738; Code 1940, T. …

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…