§ 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

Alabama § 28-4-128

• Jurisdiction: Alabama
• Title 28: Intoxicating Liquor, Malt Beverages and Wine
• Ch. 4: Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities
• Art. 6: Transportation, Delivery and Receipt Generally of Prohibited Liquors and Beverages

Text

If any person, firm or corporation within the terms of this article shall neglect or refuse to file with the Alcoholic Beverage Control Board such statement or statements as required by Section 28-4-127, then it shall be the duty of the said board to make written demand upon such person, firm or corporation to comply with the requirements of Section 28-4-127, such demand to be served by any agent or officer of the board and return made to the board upon a copy of the original demand.
Upon further refusal or noncompliance, it shall be the duty of the board to inform promptly the Attorney General of the state of such failure or refusal, and it shall then be the duty of the Attorney General to file a petition in the name of the state on the relation of the office, filing same in an appropriate court to secure a mandamus to compel compliance with Section 28-4-127 or to file a petition for a mandatory injunction restraining the further noncompliance with Section 28-4-127 on the part of the delinquent person, firm or corporation.

Legislative History

(Acts 1915, No. 10, p. 39; Code 1923, §4693; Code 1940, T. 29, §163.)