1. (1) Any alcoholic beverages with unbroken seals, which are condemned by an order of a court, or without an order of a court, within 10 days after a conviction, shall be delivered to an ABC Board agent by the beverage custodian. The ABC Board shall purchase all liquor and fortified wine which it deems to be in merchandisable condition and payment shall be made to the Clerk of the Court in the county in which said order or forfeiture was entered. Confiscated alcoholic beverages which are deemed not to be in merchandisable condition shall be destroyed.

2. (2) The following amounts are deemed reasonable for such purchase by the ABC Board for each quantity mentioned regardless of brand:

   Liquor: $.10 per miniature/50 ML

   $.40 per half pint/200 ML

   $.75 per pint/500 ML

   $1.25 per quart or 4/5 quart/liter or 750 ML

   $2.50 per ½ gallon/1.75 liters

   Fortified Wine: $.25 per pint/375 ML

   $.50 per quart/liter

   $1.00 per half gallon/1.5 liters

3. (3) All confiscated liquor and fortified wine in merchandisable condition which are of the brand and type sold in state liquor stores shall be sold by the ABC Board at list price. Confiscated liquor and fortified wine which are not listed by the state liquor stores, shall be sold through state liquor stores designated by the ABC Board at the following prices regardless of the brand:

   Liquor: $.20 per miniature/50 ML

   $.80 per half pint/200 ML

   $1.50 per pint/500 ML

   $2.50 per quart or 4/5 quart/liter or 750 ML

   $5.00 per half gallon/1.75 liters

   Fortified Wine: $.50 per pint/375 ML

   $1.00 per quart/liter

   $2.00 per half gallon/1.75 liters

4. (4) All confiscated beer and table wine in merchandisable condition shall be sold by the ABC Board to a licensed wholesaler selling the brand so confiscated at 20% below their current wholesale cost. Any wholesaler purchasing said merchandise shall be responsible for paying all applicable state and local taxes. No wholesaler shall be obligated to purchase such beer or table wine, and if the ABC Board is unable to find a licensed wholesaler willing to purchase, then in such event, the beer and table wine shall be destroyed by the ABC Board. All sums received from the sale of beer and table wine shall be paid to the Clerk of the Court.

Author: ABC Board

Statutory Authority: Code of Ala. 1975, §§28-3-49; 28-4-273.

History: Repealed and New: Filed August 21, 1998; effective October 16, 1998.