Ala. Code
Code of Alabama

Ala. Code § 28-3A-25 (2026)

Unlawful Acts and Offenses; Penalties.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) It shall be unlawful:

(1) For any manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same, to sell, trade, or barter in alcoholic beverages between the hours of nine o’clock p.m. of any Saturday and two o’clock a.m. of the following Monday.

(2) For any wholesaler or the servants, agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale or retail licensees or others within this state lawfully authorized to sell alcoholic beverages, or to sell for export.

(3) For any person, licensee, or the board, either directly or by the servants, agents, or employees of the same, or for any servant, agent, or employee of the same, to sell, deliver, furnish, or give away alcoholic beverages to any individual under the legal drinking age, as defined in Section 28-1-5, or to permit any individual under the legal drinking age, as defined in Section 28-1-5, to drink, consume, or possess any alcoholic beverages on any licensee’s premises.

(4) For any individual to consume alcoholic beverages on the premises of any state liquor store or any off-premises licensee, or to allow alcoholic beverages to be consumed on the premises of any state liquor store or any off-premises licensee, except as specifically allowed by law for the tasting of alcoholic beverages.

(5) For any licensee to fail to keep for a period of at least three years, complete and truthful records covering the operation of his or her license that specifically show the date of all purchases of alcoholic beverages, the actual price paid, and the name of the vendor, or to refuse the board or any authorized employee of the board access to the records or the opportunity to make copies of the records when the request is made during business hours.

(6) For any licensee or the servants, agents, or employees of the same to refuse the board, any of its authorized employees, or any duly commissioned law enforcement officer the right to completely inspect the entire licensed premises at any time the premises are open for business.

(7) For any person to knowingly sell any alcoholic beverages to any person engaged in the business of illegally selling alcoholic beverages.

(8) For any person to manufacture, transport, or import alcoholic beverages into this state, except in accordance with the reasonable rules of the board. This subdivision shall not prohibit the transportation of alcoholic beverages through the state or any dry county so long as the beverages are not for delivery therein, if the transportation is done in accordance with the reasonable rules of the board.

(9) For any person to fortify, adulterate, contaminate, or in any manner change the character or purity of alcoholic beverages from that as originally marketed by the manufacturer, except that a retail licensee may mix a chaser or other ingredients necessary to prepare a cocktail or mixed drink or may make infusions for on-premises consumption in accordance with Section 28-3A-20.3.

(10) For any person licensed to sell alcoholic beverages to offer to give any thing of value as a premium for the return of caps, stoppers, corks, stamps, or labels taken from any bottle, case, barrel, or package containing the alcoholic beverages, or to offer to give any thing of value as a premium or present to induce the purchase of the alcoholic beverages, or for any other purpose whatsoever in connection with the sale of the alcoholic beverages. This subdivision shall not apply to the return of any monies specifically deposited for the return of the original containers to the owners of the containers.

(11) For any licensee or transporter for hire, servant, agent, or employee of the same, to transport any alcoholic beverages except in the original container, and for any transporter for hire to transport any alcoholic beverages within the state, unless the transporter holds a permit issued by the board.

(12) For any manufacturer, importer, or wholesaler, or servant, agent, or employee of the same, to deliver any alcoholic beverages, except in vehicles bearing such information on each side of the vehicle as required by the board.

(13) For any person to sell alcoholic beverages within any dry county or county where the electors have voted against the sales, except in wet municipalities or as authorized by Section 28-3A-18.

(14) For any person, firm, corporation, partnership, or association of persons as the terms are defined in Section 28-3-1, including any civic center authority, racing commission, fair authority, airport authority, public or quasi-public board, agency, or commission, any agent thereof, or otherwise, who or which has not been properly licensed under the appropriate provisions of this chapter to sell, offer for sale, or have in possession for sale, any alcoholic beverages. Any alcoholic beverages so possessed, maintained, or kept shall be contraband and subject to condemnation and confiscation as provided by law.

(15) For any manufacturer, producer, importer, or distributor of alcoholic beverages to employ and maintain any individual who is not a full-time bona fide employee, as a resident sales agent, broker, or other like representative, for the purpose of promoting a sale, purchase, or acquisition of alcoholic beverages to or by the state or the board, or for any individual who is not a full-time bona fide employee to act as an agent, broker, or representative of any manufacturer, distributor, producer, or importer for that purpose.

(16) For any person to sell, give away, or otherwise dispose of taxable alcoholic beverages within this state on which the required taxes have not been paid as required by law.

(17) For any wholesaler or retailer, or the servant, agent, or employee of the same, to sell, distribute, deliver, or to receive or store for sale or distribution within this state any alcoholic beverages unless there first has been issued by the board a manufacturer’s license to the manufacturer of the alcoholic beverages or its designated representative or an importer license to the importer of the alcoholic beverages.

(18) For any individual under the legal drinking age, as defined in Section 28-1-5, to attempt to purchase, to purchase, consume, possess, or transport any alcoholic beverages within the state, except for certain employees of licensees who may serve, handle, transport, or sell alcoholic beverages as authorized under subsection (c) of Section 28-1-5.

(19) For any person, except where authorized by a local act or general act of local application or pursuant to Section 28-3-25, to buy, give away, sell, or serve for consumption on or off the premises, or to drink or consume any alcoholic beverages in any cafe, lunchroom, restaurant, hotel dining room, or other public place on Sunday after the hour of two o’clock a.m.

(20) Except where authorized by a local act or general act of local application or pursuant to Section 28-3-25, for the proprietor, keeper, or operator of any cafe, lunchroom, restaurant, hotel dining room, or other public place to knowingly permit any individual to give away, sell, or serve for consumption, on or off the premises, or to drink or consume any alcoholic beverages on the premises of the cafe, lunchroom, restaurant, hotel dining room, or other public place on Sunday after the hour of two o’clock a.m.

(21) For any individual under the legal drinking age, as defined in Section 28-1-5, to knowingly use or attempt to use a false, forged, deceptive, or otherwise nongenuine driver license to obtain or attempt to obtain alcoholic beverages within this state.

(b)(1) Any violation of subdivisions (a)(1) through (a)(17) shall be a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than six months for the first conviction; and, on the second conviction of a violation of the subdivisions, the offense, in addition to the aforementioned fine, shall be punishable by imprisonment or at hard labor for the county for not less than three months nor more than six months to be imposed by the court or judge trying the case; and, on the third conviction and every subsequent conviction of a violation of the subdivisions, the offense shall, in addition to a fine within the limits abovenamed, be punishable by imprisonment or at hard labor for the county for not less than six months nor more than 12 months.

(2) Any violation of subdivision (a)(18), (a)(19), (a)(20), or (a)(21) shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than three months.

(c) In addition to the penalties otherwise provided for a violation of subdivisions (a)(18) and (a)(21), upon conviction, including convictions in juvenile court or under the Youthful Offender Act, the offender’s license to operate a motor vehicle in this state shall be surrendered by the offender to the judge adjudicating the case for a period of not less than three months nor more than six months. The judge shall forward a copy of the order suspending the license to the Alabama State Law Enforcement Agency for enforcement purposes.

(Acts 1980, No. 80-529, p. 806, §25; Acts 1984, No. 84-469, p. 1084; Acts 1986, No. 86-563, p. 1164, §1; Acts 1995, No. 95-766, p. 1809, §1; Act 2002-411, p. 1038, §1; Act 2012-506, p. 1490, §1; Act 2016-111, p. 173, §2; Act 2018-513, §1; Act 2019-100, §1; Act 2019-492, §1; Act 2022-383, §1.)

Notes of Decisions
Cited in 22 cases, 1982–2016 · leading case: Jones v. BP Oil Co., Inc., 632 So. 2d 435 (Ala. 1993).
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Jones v. BP Oil Co., Inc., 632 So. 2d 435 (Ala. 1993). · cites it 16× “Conspiracy Jones also contends that a civil conspiracy existed between BP Oil, Kelly, and Dettwiler to commit the unlawful act of selling alcoholic beverages to a minor in violation of Ala.Code 1975, § 28-3A-25(3), and that the conspiracy resulted in the death of Mark Jones.”
Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). · cites it 4× “The evidence presented in support of the defendants’ summary-judgment motion *1210 demonstrates the following: (1) that Harris was aware that Bryson did not have a license “to sell, [to] offer for sale, or [to] have in possession for sale,” § 28-3A-25(a)(14), Ala.Code 1975, any…”
Grider v. City of Auburn, Ala., 618 F.3d 1240 (11th Cir. 2010). · cites it 2× “Ala.Code § 28-3A-25(a)(20), (21) (1975). [10] The state trial court stated: "If the defendant was charged with bribing a police officer to prevent an investigation of an alcohol offense, which they were certainly entitled to do, I think the issue of probable cause would be met,…”
Bartlett v. Alabama Abc Bd., 654 So. 2d 1139 (Ala. 1993). · cites it 9× “§ 28-3A-25(a)(19), Code 1975." 654 So.2d at 1137.”
Ex Parte State Alcoholic Bev. Control Bd., 654 So. 2d 1149 (Ala. 1994). · cites it 8× “I must respectfully dissent from the majority's finding that the $500 fine imposed pursuant to § 28-3A-25, Ala.Code 1975, is not barred by the constitutional protections against double jeopardy.”
Woodall v. Alfa Mut. Ins. Co., 658 So. 2d 369 (Ala. 1995). · cites it 2× “nd (3) of paragraph (2)(c) of the policy exclude coverage for Sandy Keller's death, because, it argues, if Woodall is liable for her "bodily injury," it is by reason of his causing or contributing to Spain's intoxication, by reason of furnishing Spain, a minor, with alcoholic…”
Bartlett v. Alabama Alcoholic Beverage Control Bd., 654 So. 2d 1136 (Ala. Civ. App. 1991). · cites it 4× “§ 28-3A-25(a)(19), Code 1975. However, pursuant to § 13A-3-22, Code 1975, “conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable…”
Putman v. Cromwell, 475 So. 2d 524 (Ala. 1985). · cites it 3× “” Cromwell was not in the store at the time of the sale. He stated in his affidavit that he had told all his employees not to sell to minors, and this was uncontradicted.”
Parker v. Miller Brewing Co., 560 So. 2d 1030 (Ala. 1990). “, in violation of § 28-3A-25(a)(3) and Alabama Alcoholic Beverage Control Board Rule 20-X-6-.”
Barlett v. Alabama Alcoholic Beverage Control Bd., 654 So. 2d 1149 (Ala. 1994). · cites it 8× “I must respectfully dissent from the majority’s finding that the $500 fine imposed pursuant to § 28-3A-25, Ala.Code 1975, is not barred by the constitutional protections against double jeopardy.”
Gibson v. City of Alexander City, 779 So. 2d 1153 (Ala. 2000). · cites it 2× “" As for the requirement of the ordinance that operations cease at midnight on Saturday night, I note that the provisions of § 28-3A-25(a)(20) and (21) require only a closing by 2:00 a.”
James v. Brewton Motel Mgmt., Inc., 570 So. 2d 1225 (Ala. 1990). “, in violation of § 28-3A-25(a)(3) and Alabama Alcoholic Beverage Control Board Rule 20-X-6-.”
Show all 22 citing cases →
— Ala. Code § 28-3A-25(3) — 1 case
Jones v. BP Oil Co., Inc., 632 So. 2d 435 (Ala. 1993). “Conspiracy Jones also contends that a civil conspiracy existed between BP Oil, Kelly, and Dettwiler to commit the unlawful act of selling alcoholic beverages to a minor in violation of Ala.Code 1975, § 28-3A-25(3), and that the conspiracy resulted in the death of Mark Jones.”
— Ala. Code § 28-3A-25(a) — 1 case
Putman v. Cromwell, 475 So. 2d 524 (Ala. 1985). “” Cromwell was not in the store at the time of the sale. He stated in his affidavit that he had told all his employees not to sell to minors, and this was uncontradicted.”
— Ala. Code § 28-3A-25(a)(14) — 1 case
Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). “The evidence presented in support of the defendants’ summary-judgment motion *1210 demonstrates the following: (1) that Harris was aware that Bryson did not have a license “to sell, [to] offer for sale, or [to] have in possession for sale,” § 28-3A-25(a)(14), Ala.Code 1975, any…”
— Ala. Code § 28-3A-25(a)(17) — 1 case
Gamble v. Neonatal Assocs., P.A., 688 So. 2d 878 (Ala. Civ. App. 1997).
— Ala. Code § 28-3A-25(a)(19) — 4 cases
Bartlett v. Alabama Alcoholic Beverage Control Bd., 654 So. 2d 1136 (Ala. Civ. App. 1991). “§ 28-3A-25(a)(19), Code 1975. However, pursuant to § 13A-3-22, Code 1975, “conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable…”
Bartlett v. Alabama Abc Bd., 654 So. 2d 1139 (Ala. 1993). “§ 28-3A-25(a)(19), Code 1975." 654 So.2d at 1137.”
Ex Parte State Alcoholic Bev. Control Bd., 654 So. 2d 1149 (Ala. 1994). “I must respectfully dissent from the majority's finding that the $500 fine imposed pursuant to § 28-3A-25, Ala.Code 1975, is not barred by the constitutional protections against double jeopardy.”
Barlett v. Alabama Alcoholic Beverage Control Bd., 654 So. 2d 1149 (Ala. 1994). “I must respectfully dissent from the majority’s finding that the $500 fine imposed pursuant to § 28-3A-25, Ala.Code 1975, is not barred by the constitutional protections against double jeopardy.”
— Ala. Code § 28-3A-25(a)(20) — 4 cases
Grider v. City of Auburn, Ala., 618 F.3d 1240 (11th Cir. 2010). “Ala.Code § 28-3A-25(a)(20), (21) (1975). [10] The state trial court stated: "If the defendant was charged with bribing a police officer to prevent an investigation of an alcohol offense, which they were certainly entitled to do, I think the issue of probable cause would be met,…”
Gibson v. City of Alexander City, 779 So. 2d 1153 (Ala. 2000). “" As for the requirement of the ordinance that operations cease at midnight on Saturday night, I note that the provisions of § 28-3A-25(a)(20) and (21) require only a closing by 2:00 a.”
Historic Warehouse, Inc. v. Alabama Alcoholic Beverage Control Bd., 423 So. 2d 211 (Ala. 1982).
Lamplighter, Inc. v. Town of Littleville, 571 So. 2d 1157 (Ala. Civ. App. 1990).
— Ala. Code § 28-3A-25(a)(3) — 17 cases
Jones v. BP Oil Co., Inc., 632 So. 2d 435 (Ala. 1993). “Conspiracy Jones also contends that a civil conspiracy existed between BP Oil, Kelly, and Dettwiler to commit the unlawful act of selling alcoholic beverages to a minor in violation of Ala.Code 1975, § 28-3A-25(3), and that the conspiracy resulted in the death of Mark Jones.”
Bartlett v. Alabama Abc Bd., 654 So. 2d 1139 (Ala. 1993). “§ 28-3A-25(a)(19), Code 1975." 654 So.2d at 1137.”
Woodall v. Alfa Mut. Ins. Co., 658 So. 2d 369 (Ala. 1995). “nd (3) of paragraph (2)(c) of the policy exclude coverage for Sandy Keller's death, because, it argues, if Woodall is liable for her "bodily injury," it is by reason of his causing or contributing to Spain's intoxication, by reason of furnishing Spain, a minor, with alcoholic…”
Ex Parte State Alcoholic Bev. Control Bd., 654 So. 2d 1149 (Ala. 1994). “I must respectfully dissent from the majority's finding that the $500 fine imposed pursuant to § 28-3A-25, Ala.Code 1975, is not barred by the constitutional protections against double jeopardy.”
Parker v. Miller Brewing Co., 560 So. 2d 1030 (Ala. 1990). “, in violation of § 28-3A-25(a)(3) and Alabama Alcoholic Beverage Control Board Rule 20-X-6-.”
— Ala. Code § 28-3A-25(a)(l) — 1 case
Crump v. Alabama Alcoholic Control Bd., 678 So. 2d 133 (Ala. Civ. App. 1995).
— Ala. Code § 28-3A-25(b)(1) — 1 case
Crump v. Alabama Alcoholic Control Bd., 678 So. 2d 133 (Ala. Civ. App. 1995).
— Ala. Code § 28-3A-25(b)(l) — 1 case
Crump v. Alabama Alcoholic Control Bd., 678 So. 2d 133 (Ala. Civ. App. 1995).
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