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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product manufacturer
selling cigarettes to consumers within the state, whether directly or through a distributor,
retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the
following: (1) Become a participating manufacturer, as that term is defined in Section II(jj)
of the Master Settlement Agreement, and generally perform its financial obligations under
the Master Settlement Agreement. (2) a. Place into a qualified escrow fund, by April 15 of
the year following the year in question, the following amounts, as such amounts are adjusted
for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712 per unit
sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through 2006: $.0167539
per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit sold. b. A tobacco
product manufacturer that places funds into escrow pursuant to...
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28-11-7
Section 28-11-7 Distribution permits. (a) Any person who distributes tobacco, tobacco products,
electronic nicotine delivery systems, or alternative nicotine products within this state shall
first obtain a permit from the board for each location of distribution. There is no fee for
the permit. (b) Any person who maintains a tobacco, tobacco product, electronic nicotine delivery
system, or alternative nicotine product vending machine on his or her property in this state
shall first obtain a permit from the board for each machine at each machine location. The
permit for each machine shall be posted in a conspicuous place on the machine. (c) A permit
shall be valid only for the location specified in the permit application. (d) A permit is
not transferable or assignable and shall be renewed annually. Notwithstanding the foregoing,
if a location for which a permit is obtained is sold or transferred, the permit shall be transferred
to the person obtaining control of the location and shall be...
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8-17-271
Section 8-17-271 Definitions. As used in this article, the following terms shall have the following
meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase and affix
stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll of tobacco
wrapped in paper or in any substance not containing tobacco. b. Any roll of tobacco wrapped
in any substance containing tobacco which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette described in paragraph a. (3) MANUFACTURER. Any of the following:
a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to
be manufactured or produced anywhere that the manufacturer intends to be sold in this state,
including cigarettes intended to be sold in the United States through an importer. b. Any
entity that becomes a successor of an entity described in paragraph a....
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28-11-14
Section 28-11-14 Fines for unlawful possession of contraband. Any tobacco or tobacco product
or false proof of identification found in the possession of a minor is contraband and subject
to seizure by law enforcement. Any minor violating Section 28-11-13 shall be issued a citation
similar to a uniform nontraffic citation and shall be fined not less than ten dollars ($10)
nor more than fifty dollars ($50) for each violation. The minor shall not be required to pay
any other court costs or fees. Any statute or law to the contrary notwithstanding, disposition
of any violation shall be within the jurisdiction of the district or municipal court and not
the juvenile court. Violations shall not be considered criminal offenses and shall be administratively
adjudicated by the district or municipal court. (Acts 1997, No. 97-423, p. 721, §14; Act
2009-578, p. 1697, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-14.htm - 1K - Match Info - Similar pages
8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person
or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,
in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no
case shall the penalty against a person or entity for that violation exceed one hundred thousand
dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers
to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not
to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale,
provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand
dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to
any penalty prescribed by law, any corporation,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-275.htm - 3K - Match Info - Similar pages
6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated
from one another by means of additional modifiers or descriptors, including, but not limited
to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction
with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern
of colors, or any other indicia of product identification identical or similar to, or identifiable
with, a previously known brand of cigarettes. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue for
the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
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40-25-40
Section 40-25-40 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON. Any individual, firm,
company, partnership, association, corporation, receiver or trustee, or any other group or
combination acting as a unit, and the plural as well as the singular number. (2) DEPARTMENT.
The Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) STORAGE. Any keeping or retention in this state for any purpose
except sale in the regular course of business or subsequent use solely outside this state
of the commodities subject to the provisions of this article. (5) USE. The exercise of any
right or power over the commodities subject to the provisions of this article, incident to
the ownership of those commodities or by any transaction where possession is given; except,
that it shall not include the sale of those commodities in the regular...
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2-23-3
Section 2-23-3 Permit required for manufacturing or distribution; fees. Every manufacturer
or distributor selling agricultural liming materials in this state shall, on or before October
1 of each year or prior to manufacture or distribution of such liming material in the State
of Alabama, apply for and obtain an annual permit for such purpose on a form to be furnished
by the commissioner. Such application shall be accompanied by a permit fee established by
the Board of Agriculture and Industries not to exceed two hundred fifty dollars ($250) and
shall show the brand name under which the liming material will be sold. If more than one type
of agricultural liming material is manufactured or distributed or the product or the brand
name is changed by a manufacturer or distributor, an additional permit fee established by
the Board of Agriculture and Industries not to exceed one hundred twenty-five dollars ($125)
for each additional brand or type of liming material must be paid. All permits...
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