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(a) Any railroad company, express company or other carrier or any person or corporation violating any of the provisions of this article or failing to comply with any requirements thereof shall be guilty of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00, to which, at the discretion of the court, may be added imprisonment in the county jail or confinement at hard labor for the county for not more than six months for the first conviction.
On the second and every subsequent conviction of a violation of any provisions of this article, the offense shall, in addition to a fine within the limitations above named, be punishable by imprisonment in the county jail or at hard labor for the county for not less than three nor more than six months, to be imposed by the court.
(b) It shall be the duty of the district attorney in all cases of indictment by the grand jury to ascertain whether or not the charge made by the grand jury is the first or subsequent offense and, if the latter, it shall be so stated in the indictment and returned, and he shall introduce proper evidence before the trial court showing that it is a subsequent offense and shall not be permitted to use his discretion in charging said second offense or in introducing evidence and proving the same on trial.
Congress finds that certain States and local communities of the region may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because--
(1) they lack the economic resources to provide the required matching share; or
(2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region.
(b) Federal grant program funding
Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations, under any Federal grant program, and in accordance with subsection (c) of this section, the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region--
(1) may increase the Federal share of the costs of a project under any Federal grant program to not more than 90 percent (except as provided in section 2009bb-5(b) of this title); and
(2) shall use amounts made available to carry out this subchapter to pay the increased Federal share.
(1) In general
In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project--
(A) meets (except as provided in subsection (b) of this section) the applicable requirements of the applicable Federal grant program; and
(B) could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project.
(2) Certification by Authority
(A) In general
The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 2009bb-8 of this title--
(i) shall be controlling; and
(ii) shall be accepted by the Federal agencies.
(B) Acceptance by Federal cochairperson
In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson.
Cite this article: FindLaw.com - Alabama Code Title 28. Intoxicating Liquor, Malt Beverages, and Wine § 28-4-136 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-28-intoxicating-liquor-malt-beverages-and-wine/al-code-sect-28-4-136/
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