§ 3-8-312 - Sale, barter, or possession for sale or barter in dry area -- Penalties.
3-8-312. Sale, barter, or possession for sale or barter in dry area -- Penalties.
(a) It shall be unlawful for any person, firm, or corporation to sell or barter, or possess for purposes of sale or barter, any intoxicating liquor or beverage in any county, township, municipality, ward, or precinct in which the sale or barter of intoxicating liquor or beverage is or shall be prohibited by law.
(b) (1) Upon first conviction, any person or officers of any firm or corporation that shall do so shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(2) The person or officers of a firm or corporation for a second conviction shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000).
(3) For any subsequent conviction, the person or officers of a firm or corporation shall be guilty of a Class D felony.
(c) The defendant shall be specifically charged with violating the felony provision of this section.
(d) Bond forfeitures under this section or any statute or municipal ordinance of this state prohibiting the unlawful sale or barter or possession for sale or barter of any intoxicating liquor or beverage shall be considered as a conviction in determining whether or not the defendant is properly charged with a second offense or a felony as set out in this section.