Title 28 — Title 28

Violation of Section 28-4-50. 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. History: (Acts 1919, No. 737, p. 1086; Code 1923, §4660; Code 1940, T. 29, §135…

Convictions for Violations of Section 28-4-50. 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 pe…

Another. 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 appar…

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…

Thereof. 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 t…

Provisions of Sections 28-4-70 or 28-4-71. 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 it…

Evidence. 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 statu…

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…

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…

Exclusively for Dwelling Deemed Prima Facie Evidence of Possession for Sale. 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 …

Dwellings, Etc., from Which Sale Prohibited Deemed Prima Facie Evidence of Sale, Etc. 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 o…

2026.] AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. This chapter shall be known as and may be cited as the “Alabama Brewpub Act.” History: (Acts 1992, No. 92-535, p. 1078, §1.)

2026.] AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) The words and phrases used in this chapter shall have the meanings ascribed to them in Section 28-3-1, and any acts amendatory thereof, supplementary thereto or substituted therefor. (b) …

2026-512) [Effective until October 1, 2026.] AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) In addition to the licenses authorized to be issued and renewed by the board pursuant to the Alcoholic Beverage Licensing Code codified as Chapter 3A…

Brewpub; Recordkeeping; Wholesaler Designee; Exemption from Sections 28-9-3 through 28-9-11. [Effective until October 1, 2026.] AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) In addition to the licenses provided for by this chapter and any c…

License. (Amended by Act 2026-512) [Effective until October 1, 2026.] AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. A violation of any provision of this chapter shall constitute an unlawful act. A finding by the board that the brewpub licensee …

October 1, 2026.] AMENDED BY ACT 2026-512, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. The Legislature finds that it is in the best interest of the public welfare of the State of Alabama to preserve and redevelop the downtown municipal areas and registered historic d…

(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 …

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) INDUSTRIAL ALCOHOL. Ethyl alcohol and alcohol denatured as provided in this chapter, but specifically excluding ethyl al…

Permittees; Taking of Samples for Chemical Analysis. The Governor or any officer designated by him shall have the right, at any hour, to enter and inspect the premises of any industrial alcohol plant to examine the books and records of such permittee, to see that the laws relatin…

Supervision; Disposition of Proceeds from Fees; Permittees to Notify Governor of Changes in Officers, Directors, Etc. Every permittee, upon obtaining a permit under this chapter and annually thereafter, shall pay to the Treasurer a fee of $1,000.00 to cover the cost of inspection…

of Enforcement of Chapter, Violation of Terms of Permits, Etc. It shall be unlawful for any permittee or for any officer, agent, employee or servant of such permittee to violate the terms of any permit or regulations issued under this chapter, or to make any false statement in an…

Under Chapter. In any prosecution under this chapter where the defendant relies for justification upon a permit issued under the laws of the United States, the burden shall be upon him to prove the same. History: (Acts 1927, No. 474, p. 516; Code 1940, T. 29, §89.)

Any officer, director, agent, servant or employee of any corporation or any other person who shall violate any of the provisions of this chapter shall be deemed guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary for not less than one nor…

Operation of Alcohol Distilleries and Denaturing Plants in Connection with Sugar Refineries. Upon the filing with the Governor of Alabama by any person, firm or corporation of an application to operate on any state-owned land that constitutes, in whole or in part, any plan of dev…

The application filed with the Governor for such permit shall be verified by affidavit and shall set forth the name and address of all parties having an interest in the proposed industrial alcohol plant or, if a corporation, shall set forth the name and address of its principal o…

As a condition precedent to the granting of such permit, such person, firm or corporation shall file with the Governor a bond payable to the State of Alabama, in the penal sum of $25,000.00, with surety to be approved by him, conditioned that such person, firm or corporation will…

A permittee, as provided in this chapter, may manufacture and sell industrial alcohol solely for nonbeverage purposes to persons authorized by law to purchase the same, whether within or without the state, upon compliance with the laws of Alabama and of the United States and regu…

Permittees Generally. Industrial alcohol manufactured and sold by a permittee, as provided by this chapter, may be transported and delivered to any person authorized by law to purchase the same for nonbeverage purposes upon compliance with the provisions of Chapter 4 of this titl…

State Permit; Sale, Transportation, Etc., of Denatured Alcohol Rendered Unfit for Beverage Use. It shall be unlawful for any permittee or for any officer, agent, employee or servant of such permittee or for any person to sell, deliver, transport or remove from the premises of an …

of Recovering Alcohol Therefrom for Beverage Purposes. It shall be unlawful for any person to remove from an industrial alcohol plant any denatured alcohol for the recovery of the alcohol therefrom for beverage purposes or to redistill or by any other process to recover alcohol f…

Regulations, Requirement of Reports, Etc., Suspension or Revocation of Permits, Collection of Penalties on Bonds, Etc., by Governor; Abatement of Plant Operating Without Permit. It shall be the duty of the Governor to supervise the enforcement of this chapter. The Governor shall …

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001. History: (Acts 1979, No. 79-182, p. 291, §1; Act 98-505, §1.)

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001. History: (Acts 1979, No. 79-182, p. 291, §2.)

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001. History: (Acts 1979, No. 79-182, p. 291, §3.)

Report and Remittance; Application to Import Fruit, Etc., When Not Available; Deposit of Taxes. Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001. History: (Acts 1979, No. 79-182, p. 291, §4.)

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001. History: (Acts 1979, No. 79-182, p. 291, §5.)

Repealed by Act 2001-1114, 4th Sp. Sess., p. 1179, § 1, effective September 30, 2001. History: (Acts 1979, No. 79-182, p. 291, §7.)

The Legislature hereby finds and declares that this chapter has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution and the powers reserved to the state under the Tenth Amendment to the United States Const…

and Consumers. (a)(1) For the purposes of this section, the term “table wine” includes mead. (2) For the purposes of this section, a “small farm winery” means a manufacturer of table wine licensed by the Alcoholic Beverage Control Board, which produces fewer than 50,000 gallons o…

If any provision of this chapter or its application to any person or circumstance is determined by a court to be invalid or unconstitutional, that provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the Legislature to furth…

This chapter shall be known as and may be cited as the “Alabama Table Wine Act.” History: (Acts 1980, No. 80-382, p. 505, §1.)

Registration of Labels; Seizure of Unregistered Goods; Monthly Reports; Inspection. (a) Upon an applicant’s compliance with this section and the rules adopted pursuant to this section, the board may issue a wine manufacturer license to the applicant which shall authorize the lice…

and Delivery of Wine Under Certain Condtions. (a) Upon an applicant’s compliance with this section and the rules adopted pursuant to this section, the board may issue a wine manufacturer license to the applicant which shall authorize the licensee to manufacture or otherwise disti…

Unregistered Goods; Monthly Reports. Every manufacturer, or its designated representative, desiring to sell table wines in or for resale in this state shall register with the board prior to making any such sales. Each such manufacturer, or its designated representative, shall be …

The wine retailer’s, wine wholesaler’s and wine manufacturer’s license herein provided for shall be required to be renewed annually and shall be reissued upon payment to the board of the appropriate license fee or fees, unless the board has good cause for not reissuing the licens…

License and Filing Fees. (a) License fees for licenses issued by the board. The following annual license fees are levied and prescribed for licenses issued and renewed by the board pursuant to the authority contained in this chapter: (1) Wine retailer’s license, license fee of $1…

Licenses for Each Place of Sale; Restrictions on Wholesaler’s Operations; Transfer of Licenses; Filing Fee for Transfer; Effect of Insolvency of Licensee. (a) No license prescribed in this chapter shall be issued or renewed until the provisions of this chapter have been complied …

Findings of Fact. (a) The board shall have full and final authority as to the suspension and revocation of any license issued hereunder. In lieu of suspension or revocation, the board shall have the authority, in the case of a wine retailer, to invoke a penalty of not less than $…

(a) Levy. There is hereby levied in addition to the license taxes provided for by this chapter and municipal and county license taxes and in addition to any marked-up price made by the board on wine sold by the board a privilege or excise tax measured by and graduated in accordan…