2013 Code of Alabama
Title 28 - INTOXICATING LIQUOR, MALT BEVERAGES AND WINE.
Chapter 4 - REGULATION AND CONTROL OF ALCOHOLIC BEVERAGES IN DRY COUNTIES AND DRY MUNICIPALITIES.

Article 1 General Provisions.

• Section 28-4-1 - Definitions.
• Section 28-4-2 - Unauthorized possession, sale, delivery, use, etc., of wine or alcohol generally.
• Section 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.
• Section 28-4-4 - Applicability of chapter.
• Section 28-4-5 - Applicability to dry municipalities.

Article 2 Manufacture, Sale, Offer for Sale, Possession, Distribution, etc., of Prohibited Liquors and Beverages.

• Section 28-4-20 - Sale, offer for sale, possession, barter, exchange, etc., of prohibited liquors and beverages.
• Section 28-4-21 - Penalties for violations of Section 28-4-20.
• Section 28-4-22 - Conduct of business of brewer, rectifier of spirits or retail or wholesale dealer in liquors or malt liquors.
• Section 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.
• Section 28-4-24 - Distillation or manufacture of prohibited liquors and beverages.
• Section 28-4-25 - Allowance of reward to sheriff or other person furnishing evidence to support conviction for violation of Section 28-4-24.
• Section 28-4-26 - Sale, barter, exchange, etc., of prohibited liquors or beverages by person concealing self in house, room, etc.
• Section 28-4-27 - Enforcement of Section 28-4-26.
• Section 28-4-28 - Storage, etc., of prohibited liquors or beverages by person, etc., engaged in business of selling beverages.
• Section 28-4-29 - Solicitation or receipt of order for prohibited liquors or beverages.
• Section 28-4-30 - Punishment of agents or assisting friends of buyers or sellers of prohibited liquors and beverages.
• Section 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.

Article 3 Manufacture, Possession, Allowance of Operation by Another, etc., of Still, etc., for Manufacture of Prohibited Liquors or Beverages.

• Section 28-4-50 - Manufacture, sale, possession, etc., of still, etc., for manufacture of prohibited liquors or beverages.
• Section 28-4-51 - Unexplained possession of part or parts of still, etc., deemed prima facie evidence of violation of Section 28-4-50.
• Section 28-4-52 - Penalty for violations of Section 28-4-50.
• Section 28-4-53 - Possession of still, etc., by sheriff, etc., enforcing law not deemed violation of Section 28-4-50.
• Section 28-4-54 - Allowance of reward to sheriff, etc., furnishing evidence to support convictions for violations of Section 28-4-50.
• Section 28-4-55 - Allowance, etc., of operation, etc., of still, etc., upon premises by another.

Article 4 Maintenance, etc., of Unlawful Drinking Places.

• Section 28-4-70 - Prohibited.
• Section 28-4-71 - Unlawful drinking places deemed common nuisances; abatement thereof.
• Section 28-4-72 - Forfeiture of charters of clubs or incorporated associations violating provisions of Sections 28-4-70 or 28-4-71.
• Section 28-4-73 - Sufficiency of charges in informations, indictments, etc.; admissibility of evidence.

Article 5 Renting or Permitting Use of Premises for Sale, Manufacture, etc., of Prohibited Liquors or Beverages.

• Section 28-4-90 - Prohibited.
• Section 28-4-91 - Forfeiture of rights of lessee under lease or rent contract.
• Section 28-4-92 - Keeping of prohibited liquors or beverages in building not used exclusively for dwelling deemed prima facie evidence of possession for sale.
• Section 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.

Article 6 Transportation, Delivery and Receipt Generally of Prohibited Liquors and Beverages.

• Section 28-4-110 - Carriage, delivery, etc., into state by common carrier, etc., of prohibited liquors and beverages generally.
• Section 28-4-111 - Receipt or acceptance from common carrier, etc., of prohibited liquors or beverages generally.
• Section 28-4-112 - Receipt, etc., of prohibited liquors and beverages for storage, distribution, etc., for another.
• Section 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.
• Section 28-4-114 - Transportation and delivery of prohibited liquors and beverages C.O.D.
• Section 28-4-115 - Transportation of prohibited liquors or beverages in quantities of five gallons or more.
• Section 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.
• Section 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.
• Section 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.
• Section 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.
• Section 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.
• Section 28-4-121 - Delivery from another state, etc., of liquors consigned to fictitious person, firm, etc., or person, firm, etc., under fictitious name.
• Section 28-4-122 - Giving of order for receipt, etc., of liquors consigned from another state, etc., to another person by consignee.
• Section 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.
• Section 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.
• Section 28-4-125 - Delivery by common carrier, etc., to minor of liquors from another state, etc.
• Section 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.
• Section 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.
• Section 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.
• Section 28-4-129 - Filing of statement by board; inspection of statement by district attorney or police officers.
• Section 28-4-130 - Board to furnish certified copies of statements to officers, etc.; admissibility in evidence of statements or copies.
• Section 28-4-131 - Duty of common carriers, etc., to maintain current record of date of delivery, name and address of consignee and consignor, kind and amount, etc., of liquors delivered.
• Section 28-4-132 - Inspection of record by enforcement officers, etc.; acquisition and admissibility in evidence of record.
• Section 28-4-133 - Duty of common carriers, etc., to permit examination of books, records, papers, etc., in connection with prosecutions under article, etc.
• Section 28-4-134 - Persons not to be excused from testifying before grand juries or at trials for violations of article; immunity from prosecution as to matters disclosed.
• Section 28-4-135 - Where certain offenses deemed committed.
• Section 28-4-136 - Penalties for violations of provisions of article by railroad companies, express companies, etc.; duties of district attorney in cases of grand jury indictments.
• Section 28-4-137 - Applicability of article to interstate transportation of prohibited liquors or beverages.

Article 7 Sale, Purchase and Prescription of Alcohol by Druggists and Physicians.

• Section 28-4-150 - Sales by wholesale druggists generally; said druggists to file monthly statements as to sales with Alcoholic Beverage Control Board.
• Section 28-4-151 - Sales by retail druggists generally; use of alcohol by such druggists for compounding of prescriptions, etc.
• Section 28-4-152 - Sales by retail druggists of alcohol for use in arts or for scientific or mechanical purposes; execution of statement by persons desiring to purchase alcohol for said purposes.
• Section 28-4-153 - Purchase and use of alcohol by physicians.
• Section 28-4-154 - Sale of pure alcohol for medicinal purposes to be made only upon prescription of physician; physician to conduct examination prior to issuing prescription.
• Section 28-4-155 - Prescription to be based upon professional opinion of physician that alcohol will be used by patient for medicinal purposes.
• Section 28-4-156 - Physicians to file affidavit with probate judge before authorized to prescribe alcohol for medicinal purposes; form of affidavit; fee of probate judge for filing and recordation of affidavit.
• Section 28-4-157 - Prescription - Contents.
• Section 28-4-158 - Prescription - Form.
• Section 28-4-159 - Physician to file copy of prescription with probate judge; probate judge to preserve same and deliver to next grand jury for examination.
• Section 28-4-160 - Time for filling of prescription; limitation as to amount of alcohol sold 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.
• Section 28-4-161 - Recordation, etc., by probate judge of statements or prescriptions required to be filed by article; fee of probate judge; evidentiary effect of certified copy of statement or prescription.
• Section 28-4-162 - Prescription of whiskey, rum, gin, etc., for medicinal purposes.
• Section 28-4-163 - Prescription, sale, dispensing, etc., of Jamaica ginger.
• Section 28-4-164 - Failure to comply with requirements as to issuance of prescriptions for alcohol, unauthorized use of alcohol, etc., by physicians.
• Section 28-4-165 - Sale, delivery, etc., of liquors, etc., to prisoners by persons in charge of jails.
• Section 28-4-166 - Penalties for violations of article.

Article 8 Purchase, Receipt, Possession, Use, etc., of Wine for Sacramental or Religious Purposes.

• Section 28-4-180 - Persons authorized to purchase, have shipped, receive, possess and use wine for sacramental or religious purposes.
• Section 28-4-181 - Purchase and sale of wine for sacramental purposes.
• Section 28-4-182 - Permit from Alcoholic Beverage Control Board to have wine shipped from outside the state - Required.
• Section 28-4-183 - Permit from Alcoholic Beverage Control Board to have wine shipped from outside the state - Permit to be used for one shipment only; expiration.
• Section 28-4-184 - Carrier, etc., to maintain record of deliveries.

Article 9 Possession, etc., of Certain Quantities of State Tax-paid Alcoholic Beverages for Private Use.

• Section 28-4-200 - Possession of certain quantities of state tax-paid alcoholic beverages for private use permitted; storage, possession, etc., of alcoholic beverages in passenger area of vehicles or in view of passengers.
• Section 28-4-201 - Sale or offer for sale or possession in excess of quantity permitted of such alcoholic beverages; penalties for violations of article.

Article 10 Abatement of Liquor Nuisances.

• Section 28-4-220 - Authorization and procedure generally; filing of petition generally.
• Section 28-4-221 - Persons, etc., against whom petition may be filed.
• Section 28-4-222 - Contents and verification of petition.
• Section 28-4-223 - Issuance of preliminary injunction generally.
• Section 28-4-224 - Requirement of bond as condition precedent to issuance of preliminary injunction.
• Section 28-4-225 - Application for and issuance of writ directing seizure of prohibited liquors and beverages, movable property, etc., used in connection with nuisance pending hearing of action.
• Section 28-4-226 - Contents of writ.
• Section 28-4-227 - Disposition of liquor and beverages, etc., seized upon final judgment generally - Destruction.
• Section 28-4-228 - Disposition of liquor and beverages, etc., seized upon final judgment generally - Restoration to owner.
• Section 28-4-229 - Fees and allowances of officers executing writs of seizure; payment of costs in proceedings.
• Section 28-4-230 - Persons who may be joined as parties defendant in proceedings and who may be enjoined from maintaining, etc., nuisance.
• Section 28-4-231 - Powers of court as to maintenance of jurisdiction and enforcement of judgments generally; rules of evidence, practice and procedure.
• Section 28-4-232 - Entry of judgment for abatement of nuisance and destruction of all prohibited liquors and beverages, movable property, etc., used in connection with nuisance.

Article 11 Forfeiture and Condemnation of Contraband Liquors and Beverages, etc.

• Section 28-4-250 - Authorization and procedure generally.
• Section 28-4-251 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Authorization and procedure generally.
• Section 28-4-252 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Persons authorized.
• Section 28-4-253 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Grounds.
• Section 28-4-254 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Standard for issuance; contents of affidavit supporting determination of probable cause.
• Section 28-4-255 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Examination of and taking of depositions from complainant and witnesses; contents of depositions.
• Section 28-4-256 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Issuance - Issuance by judge.
• Section 28-4-257 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Form.
• Section 28-4-258 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Persons authorized.
• Section 28-4-259 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Time.
• Section 28-4-260 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Execution - Giving of receipt for prohibited liquors and beverages, etc., seized under warrant.
• Section 28-4-261 - Search warrant for seizure of prohibited liquors and beverages, etc., generally - Limitation period for execution and return of warrant.
• Section 28-4-262 - Search warrant for seizure of prohibited liquors and beverages, etc., generally — Return of warrant; furnishing of copies thereof to applicant for warrant, etc.
• Section 28-4-263 - Issuance, etc., of warrants for search of steamboats, watercraft, depots, railway cars, etc.
• Section 28-4-264 - Disposition of property seized by officer under warrant generally.
• Section 28-4-265 - Liquors and beverages, etc., seized not to be recovered by writ of replevin or detinue during pendency of proceedings under article; final judgment of condemnation to bar actions to recover liquors and beverages, etc., seized, etc.
• Section 28-4-266 - Issuance of general notice to persons claiming right, title, etc., in liquors and beverages, etc., seized to appear and show cause why same should not be forfeited and destroyed.
• Section 28-4-267 - Delivery to certain persons and posting of copies of notice.
• Section 28-4-268 - Answer by persons claiming right, title, etc., in liquors and beverages, etc., seized.
• Section 28-4-269 - Forfeiture and condemnation proceedings generally - Issues and parties generally; style of action; trial of action generally.
• Section 28-4-270 - Forfeiture and condemnation proceedings generally - Issues, etc., where more than one claimant to liquors and beverages seized.
• Section 28-4-271 - Forfeiture and condemnation proceedings generally - Prosecution of action.
• Section 28-4-272 - Forfeiture and condemnation proceedings generally - Persons not to 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.
• Section 28-4-273 - Forfeiture and condemnation proceedings generally - Conduct of 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.
• Section 28-4-274 - Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal and return of liquors and beverages, etc., to place or person from which or from whom taken generally.
• Section 28-4-275 - Forfeiture and condemnation proceedings generally - Apportionment and taxing of costs.
• Section 28-4-276 - Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Authorization and procedure generally.
• Section 28-4-277 - Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Persons entitled to appeal; bond for costs of appeal required; right to jury trial; proceedings in circuit court.
• Section 28-4-278 - Forfeiture and condemnation proceedings generally - Appeals from judgment of district court - Issuance of order for delivery of liquors and beverages, etc., to Alcoholic Beverage Control Board or for restoration of same to place or person from which or from whom seized upon entry of final judgment in proceedings under article.
• Section 28-4-279 - Forfeiture and condemnation proceedings in circuit courts.
• Section 28-4-280 - Allowances and fees of officers executing search warrants and attending and prosecuting forfeiture and condemnation actions for state.
• Section 28-4-281 - Correction of defects or irregularities in notice, etc., in forfeiture and condemnation proceedings.
• Section 28-4-282 - Appliances used, etc., for distillation or manufacture of prohibited liquors and beverages declared contraband; said appliances and products thereof to be summarily destroyed by sheriffs, etc., finding same; property, etc., where distillery, etc., found forfeited to state.
• Section 28-4-283 - Enforcement of forfeiture.
• Section 28-4-284 - Sale of property and disposition of proceeds therefrom.
• Section 28-4-285 - Conveyances, vehicles of transportation or animals used for illegal conveyance of prohibited liquors and beverages declared contraband and forfeited to state; seizure of said conveyances, etc., and reporting thereof by sheriffs, etc., finding same; confiscation and condemnation generally.
• Section 28-4-286 - Institution of proceedings for condemnation of vehicles, etc.; seized property not to be retaken by replevin or detinue during pendency of action; intervention by parties claiming superior right to seized property; powers of court to regulate proceedings to permit parties claiming vehicles, etc., to assert rights.
• Section 28-4-287 - Execution of bond by defendant or claimant for recovery of seized vehicle, etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver said vehicle, etc., upon entry of judgment of condemnation.
• Section 28-4-288 - Execution of bond by defendant or claimant for recovery of seized vehicle, etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc., upon affirmance of judgment upon appeal, etc.
• Section 28-4-289 - Payment of costs in actions for condemnation of vehicles, etc., used in transportation of prohibited liquors or beverages where judgment entered against state.
• Section 28-4-290 - Advertisement and sale by sheriff, etc., of vehicle, animal, etc., seized for illegal transportation of liquor or beverages where owner, etc., cannot be ascertained; rights in seized vehicles, animals, etc., disposed of upon such sale by sheriff or sale by court in condemnation proceedings.
• Section 28-4-291 - Disposition of proceeds from sale of such property forfeited to state.
• Section 28-4-292 - Advertisement and sale of receptacles, etc., of prohibited liquors and beverages.
• Section 28-4-293 - Property rights in prohibited liquors and beverages, vessels, vehicles, etc., kept, used, etc., for purpose of violating temperance laws, etc.; seizure, forfeiture, disposition, etc., of same generally.
• Section 28-4-294 - Preparation of return by officer seizing prohibited liquors and beverages; officer to report delivery to any person, destruction, etc., of same.
• Section 28-4-295 - Disposition of prohibited liquors and beverages held for use as evidence upon conviction of person possessing, etc., same.
• Section 28-4-296 - Deposit with Alcoholic Beverage Control Board for sale of certain confiscated liquors and beverages; payment to county or municipality by board of reasonable value of liquors and beverages received.
• Section 28-4-297 - Unlawful disposition, etc., of contraband liquors and beverages by custodian.
• Section 28-4-298 - Article not intended to secure search of premises of bona fide druggists or physicians.
• Section 28-4-299 - Forfeiture, sale and distribution of proceeds of sale of contraband generally.

Article 12 Enforcement of Chapter.

• Section 28-4-310 - Governor charged with supervision, etc., of enforcement of prohibition laws; Governor may require reports from officers charged with duty of enforcing laws; failure of officer to make report, etc.
• Section 28-4-311 - Appointment of inspectors, etc., to detect and report violations of prohibition laws; offer and payment of rewards for convictions of persons violating laws.
• Section 28-4-312 - Governor may require Attorney General to prepare instructions for officers of state, etc., for enforcement of laws; publication and distribution of same.
• Section 28-4-313 - Prosecutions for violations of chapter, etc., begun by affidavit or indictment; right of person charged to demand grand jury indictment; continuation of prosecution upon original affidavit; amendment of affidavit or complaint.
• Section 28-4-314 - District attorneys to institute prosecutions for or make reports to grand juries as to violations of prohibition laws.
• Section 28-4-315 - Sheriffs to cooperate with district attorneys in prosecutions, etc.
• Section 28-4-316 - Grand jury proceedings generally - Effect of failure of person to attend and testify in obedience to summons.
• Section 28-4-317 - Grand jury proceedings generally - Offenses as to which witnesses may be required to testify; initial interrogation of witnesses to particular offense not required.
• Section 28-4-318 - Grand jury proceedings generally - Exemption from prosecution of witnesses.
• Section 28-4-319 - Grand jury proceedings generally - Duty of grand jury to present indictments for violations of laws.
• Section 28-4-320 - Servants, agents, etc., and principals not to be excused from testifying against each other on grounds of self-incrimination; immunity of said persons from prosecution for offenses disclosed, etc.
• Section 28-4-321 - Contents and sufficiency of charges in indictments, complaints, affidavits, etc., for sale, offer for sale, possession, etc., of prohibited liquors and beverages, etc., generally; proof of charges generally; admissibility in evidence of testimony of persons purchasing, etc., prohibited liquors and beverages, etc.; immunity from prosecution of persons testifying as to violations of chapter, etc.
• Section 28-4-322 - Several charges may be set out in separate counts in indictments, complaints, etc.; judgment entered and punishment imposed upon each count.
• Section 28-4-323 - Admissibility and effect of evidence showing similarity in color, odor and general appearance between prohibited liquor or beverage and beverage shown to be manufactured, sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence in proceedings for abatement of liquor nuisances, etc.
• Section 28-4-324 - Issuance of injunctions to prevent violations of chapter, etc.
• Section 28-4-325 - Fees of officers making seizures of prohibited liquors.
• Section 28-4-326 - Penalties for violations of chapter.