Title 61, Alcohol and Alcoholic Beverages

If a permittee or licensee, or servant, agent, or employee of the permittee or licensee pleads guilty or nolo contendere to, or is convicted of a criminal offense which occurred on the licensed premises, the conviction or plea constitutes proof that the offense occurred and the r…

It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alco…

It is unlawful for a person to knowingly permit or allow another person to have or possess or locate on his premises an apparatus for the distilling or manufacture of alcoholic liquors in violation of the laws of this State. A person who violates this section is guilty of a misde…

It is unlawful to make, manufacture, transport, possess, or knowingly permit upon one's premises mash, wort, wash, buck, or other similar material or compound suitable for or commonly used in the manufacture of alcoholic liquors with the intent that the material or compound be us…

A person found at a distillery or other place where alcoholic liquors are being manufactured in violation of the laws of this State is considered prima facie guilty of manufacturing alcoholic liquors or aiding and abetting in their manufacture and, upon conviction, must be punish…

It is unlawful for a person under the age of twenty-one years to work as an employee or otherwise in a retail, wholesale, or manufacturing liquor business or business establishment or for a person knowingly to employ another person under the age of twenty-one years in one of thes…

Except as authorized by law, it is unlawful for a person to sell alcoholic liquors from any vehicle, vessel, or aircraft. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows: (a) for a first offense, by a fine of not les…

(A) As used in this section, "alcohol without liquid device" means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or…

(A) As used in this section, "powdered or crystalline alcohol" is alcohol prepared or sold in a powdered or crystalline form that contains any amount of alcohol when hydrolyzed for either direct use or reconstitution for human consumption. (B)(1) It is unlawful for a person to us…

It is unlawful to sell alcoholic liquors on Sunday except as authorized by law, on Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in…

(A) It is unlawful for a person to advertise alcoholic liquors by means of billboards along public highways and streets by using any subject matter, language, or slogan addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liq…

If a person unlawfully manufactures, transports, or sells alcoholic liquors or aids or assists in any manner in one or more of these acts and at the time of the unlawful manufacturing, transporting, selling, aiding, or assisting has on or about his person or has on or in a vehicl…

A person who, upon demand of an officer or agent of the division: (1) refuses to allow full inspection of the premises or any part of the premises which is licensed to sell alcoholic liquors; or (2) refuses to allow full inspection of the stocks and invoices of the licensee; or (…

A person who dispossesses, rescues, or attempts to dispossess or rescue from a constable or other officer alcoholic liquors taken or detained by the officer charged with the enforcement of the ABC Act must, upon conviction, be imprisoned for not less than three months nor more th…

A person who violates any provision of the ABC Act, except where a different punishment is expressly provided, must, upon conviction, be punished by a fine or imprisonment in the discretion of the court of general sessions.

A conviction, plea of guilty, plea of nolo contendere, or forfeiture of bond for a violation on or after March 28, 1956, of any state or federal law relating to alcoholic liquors constitutes a prior offense for the purpose of a prosecution, or for the purpose of imposition of sen…

The trial judge in his discretion may impose sentences under the provisions of this article, except Section 61-6-4720, or any portion of this article, of a fine or imprisonment of not less than one- half the fine or imprisonment prescribed for conviction under these provisions.

Clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to the keeping of records of convictions, the entry of pleas of guilty or nolo contendere, or the forfeitures of bond posted for violations of this a…

The clerk of court of each county in the State must, at the conclusion of each term of the court of general sessions in the county, forward to the department a certificate on forms prescribed and furnished by the department showing the name of each person who is convicted, pleads…

A conviction, a plea of guilty, a forfeiture of bond, or a plea of nolo contendere, under the provisions of this article except Section 61-6-4720, automatically revokes a beer, wine, or liquor license which this State has issued to the party convicted, pleading guilty, forfeiting…

For violations of Articles 3, 5, 7, and 13 of this chapter, or of Chapter 21 or 33 of Title 12, and for a violation of any regulation pertaining to alcoholic liquors, the department may, in its discretion, impose a monetary penalty upon the holder of a liquor license in lieu of s…

Licenses and permits are the property of the department, are not transferable, and, upon the termination of a business or upon a change of ownership, possession, or control, or upon a substantial change in the character of the property or facilities or nature of business for whic…

The Department of Public Safety, upon notice that a person has been convicted, pleaded guilty, forfeited bond, or entered a plea of nolo contendere for the violation of any provision of this article prohibiting the transportation of alcoholic liquors, must suspend the driver's li…

If alcoholic liquors are sold from a vehicle, vessel, aircraft, or other chattel in violation of law, or if alcoholic liquors are possessed, carried, shipped, stored in, kept in, or transported in a vehicle, vessel, or aircraft in violation of law, the alcoholic liquors must be s…

Alcoholic liquors seized by the department, its agents, or by the division must be sold by the department at public auction to the highest bidder after advertisement. The proceeds of the sale must be turned over to the State Treasurer after first paying the cost of confiscation a…

Only those alcoholic liquors which have been manufactured by a licensed manufacturer or producer, as defined in the ABC Act, or alcoholic liquors of unquestioned purity and content may be sold at public auction as provided in this article. Other liquors which are confiscated must…

No alcoholic liquors sold under the provisions of this article may be delivered within five days after the sale, during which time the department in its discretion may reject any bid and order the liquors resold until a satisfactory bid is made. However, if confiscated liquors ar…

A vehicle, vessel, aircraft, or other chattel found at a site where alcoholic liquors are being or have been recently manufactured in violation of the law, and which vehicle, vessel, aircraft, or other chattel contains sugar, meal, yeast, or other materials used in the manufactur…

The respective sheriffs of this State must safely store and keep chattels delivered to them pursuant to this article in the jail yard, county shops, or on other county property, if this may be safely done, but must not incur unnecessary expenses in connection with the storage of …

(A) If a chattel seized under this article is a vehicle registered with the Department of Motor Vehicles, the sheriff must obtain from the Department of Motor Vehicles the name and address of the person in whose name the car is registered and must notify the person by registered …

If, before the date set for sale of a chattel seized under this article, no person claiming an interest in the chattel, as owner, lienholder, or otherwise appears and gives notice to the sheriff as required in Section 61-6-4390, the chattel must be sold at public auction to the h…

If a chattel has been seized by municipal officers, the proceeds of a sale under Section 61-6-4370, less the necessary expenses of advertising and storage, must be paid to the municipality for its use. Otherwise, the proceeds must be paid to the county treasurer of the county whe…

Before sale of a chattel under Section 61-6-4370, the owner, any person indebted or liable for the purchase price of the chattel, and any lienholder may bring an action to recover possession of the chattel or to recover the value of his interest in the property from the proceeds …

Upon service upon the sheriff of a proceeding under Section 61-6-4390, he must stay the sale, retain the chattel, and await the order of the court. The sheriff must have the chattel appraised as appraisals are provided for in attachment cases under Section 15-19-270, must transmi…

If the owner or other person claiming an interest in a chattel seized under this article desires to obtain immediate possession of the chattel, the court may order delivery to the claimant upon execution by him of a bond payable to the sheriff having possession of the seized prop…

In a proceeding brought to recover possession of a chattel seized under this article or to recover the value of an interest therein, no claim shall be allowed unless the claimant proves: (a) that he has an interest in the chattel, as owner or otherwise, which he acquired in good …

If the claimant is the owner of the chattel and he prevails in a proceeding under Section 61-6-4390, the court must release the chattel from forfeiture and restore it to the owner.

If the claimant in a proceeding under Section 61-6-4390 is a lienholder whose claim is allowed and whose interest is first in order of priority among the claims and is of an amount equal to or in excess of the appraised value of the chattel, the court must release the chattel fro…

If delivery is not demanded by the claimant or claimants in a proceeding under Section 61-6-4390, the court must order the sale of the chattel by the sheriff. Out of the proceeds of the sale the following must be paid in the following order of priority: (1) the claim or claims al…

A person who purchases any chattel at a sale made by the sheriff under the provisions of this article acquires full and complete title to the chattel free and clear of prior claims, liens, or encumbrances.

For the purpose of confiscating alcoholic liquors under the ABC Act, the provisions of Sections 12-21-2900 to 12-21-2950 must be followed as nearly as practicable.

The sheriff of each county must, upon seizure of or delivery to him of a chattel seized under the provisions of this article, report the seizure of the chattel to the department setting forth in the report a description of the chattel, the name of the owner if known, the grounds …

Ordinances of political subdivisions of this State prohibiting the acts prohibited by the provisions of this article, except Section 61-6-4720, are hereby suspended, it being declared that the State has occupied the field of the subjects covered thereby. Judicial and law enforcem…

Municipal courts must try and determine all cases involving a violation of this article, except Section 61-6-4720, occurring within the limits of the municipality in cases where the penalties prescribed do not exceed a fine of one hundred dollars or imprisonment for thirty days. …

Municipal police officers have the power of constables to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. Whe…

It is unlawful for a person to sell or otherwise introduce into commerce alcoholic liquors lawful under the provisions of this title, unless labeled in accordance with the provisions of the Federal Alcoholic Administration Act and rules and regulations promulgated thereunder. A v…