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Chapter 4 — REGULATION AND CONTROL OF ALCOHOLIC BEVERAGES IN DRY COUNTIES AND DRY MUNICIPALITIES.

• 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, et
• Section 28-4-4 Applicability of chapter.
• Section 28-4-5 Applicability to dry municipalities.
• 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 prose
• 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.
• 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.
• 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.
• 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
• 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 af
• 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 f
• 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
• 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
• 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 neglec
• 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.
• 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 af
• 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 a
• 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 prescrip
• 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.
• 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.
• 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
• 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.
• 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.
• 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 depos
• 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 r
• 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 prosec
• 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
• 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 generall
• 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; proce
• 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 Cont
• 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 sheri
• 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 conveyan
• 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 sup
• 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
• 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
• 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
• 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.,
• 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 beve
• 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.
• 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
• 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 affi
• 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 di
• 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; pro
• 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,
• 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.