Ala. Admin. Code r. 20-X-10-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 20-X-10-.03 - Confiscation Of Vehicles

(1) Should any alcoholic beverages not being transported or possessed in accordance with the provisions of these rules and regulations and/or state law be found in any vehicle, which said vehicle either:

(a) Bears an Alabama license plate; or

(b) Is the property of or being operated by an Alabama resident; or

(c) Is moving alcoholic beverages within or into Alabama other than through ABC Board approved interstate commerce or as otherwise approved by the ABC Board. Then in any of these events, it is prima facie evidence that such alcoholic beverages are within such vehicle and are being transported within Alabama for purposes of sale, or being possessed, transported, used, and/or introduced into Alabama for the purpose and intention of violating Alabama statutes, including avoidance of payment of duly levied taxes thereon.

(2) The ABC Board, prior to the return of any vehicle to a violator, claimant or lien holder, shall be bound by the following terms and conditions:

(a) The ABC Board shall not release a vehicle to a violator unless it finds as a matter of fact, no intention on the part of the violator to disobey appropriate Alabama laws. A previous conviction for violation of prohibition laws shall constitute prima facie evidence that said actions of the violator were intentional.

(b) There must be a finding by the ABC Board that any other claimant or lien holder of such vehicle has not violated any prohibition laws and could not with reasonable diligence have ascertained that such vehicle would likely be used to violate said prohibition laws.

(c) Any previous conviction by the violator of prohibition laws or an established reputation by the violator for illegal dealings in alcoholic beverages shall constitute prima facie evidence that such claimant or lien holder did not use reasonable diligence in ascertaining or discovering that such vehicle would likely be used to violate said prohibition laws.

(d) In cases where the ABC Board shall release such vehicle back to either the violator, other claimant or lien holder, there shall be paid to the ABC Board an amount determined by the ABC Board for reimbursement of reasonable costs and expenses associated with the seizure, transportation, advertising, storage, and investigation of said vehicle. In no event shall this amount be less than $200.00.

(e) Prior to the return of any vehicle under this section to a claimant or lien holder, the ABC Board shall receive written assurance therefrom that said vehicle shall not be returned to the violator for use, possession or ownership without the expressed written permission of the ABC Board.

(3) Any vehicle legally obtained by the ABC Board under provisions of this section may be used for lawful state purposes as determined by the ABC Board.

Author: ABC Board

Ala. Admin. Code r. 20-X-10-.03

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

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