Code of Alabama

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37-1-65
Section 37-1-65 Actions to enforce penalties or forfeitures. Unless otherwise in this title
provided, all actions to enforce penalties or forfeitures under this title shall be brought
in the name of the State of Alabama in a court of competent jurisdiction in Montgomery County,
Alabama. Whenever any utility is subject to a penalty or forfeiture under this title, the
commission shall certify the facts to the Attorney General, who shall institute and prosecute
an action for recovery of such penalty; provided, the commission may compromise such action
and dismiss the same on such terms as the court will approve. All penalties and forfeitures
recovered by the state in such actions shall be paid into the treasury to the credit of the
general fund. (Acts 1920, No. 37, p. 38; Code 1923, §§9755, 9756, 9819; Code 1940, T. 48,
§51.)...
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40-17-352
Section 40-17-352 Criminal penalties. (a) Any person who willfully does any of the following
is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five thousand
dollars ($5,000) nor more than twenty-five thousand dollars ($25,000), or imprisoned for not
more than one year, or both: (1) Fails to obtain a license as required by this article prior
to engaging in an activity for which a license is required. (2) Fails to pay to this state
no more than 30 days after the date the tax is due the tax levied by this article. (3) Makes
a false statement on an application, return, ticket, invoice, statement, or any other document
required under this article. (4) Fails to file no more than 30 days after it is due any return
required by this article. (5) Fails to maintain any record required by this article. (6) Makes
a false statement in an application for a refund. (7) Fails to make required disclosure of
the correct amount of fuel sold or used in this state. (8)...
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8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
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8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any
act or practices that violate this chapter is liable for a civil penalty of up to ten thousand
dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the
following: (1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person
engaging in the violative act or practice and the director of the division by authority of
the Attorney General, and by payment of any agreed upon amount by the person against whom
the claim was filed. (3) The settlement of a claim against a person for violation of this
chapter before civil action is filed by agreement upon terms and by the payment of any settlement
amount agreed upon by the person and the director of the division by authority of the Attorney
General. (c) Upon ceasing the violative act or practice and agreeing to desist...
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28-4A-4
Section 28-4A-4 Privilege and excise taxes levied on brewpub; recordkeeping; wholesaler designee;
exemption from Sections 28-9-3 through 28-9-11. (a) In addition to the licenses provided for
by this chapter and any county or municipal license, there is levied on the brewpub for on-premises
sales of beer brewed by the brewpub licensee the privilege or excise taxes imposed by Sections
28-3-184 and 28-3-190. Every brewpub licensee shall file the tax returns, pay the taxes, and
perform all obligations imposed on wholesalers at the times and places set forth therein.
It shall be unlawful for any brewpub licensee who is required to pay the taxes so imposed
in the first instance to fail or refuse to add to the sales price and collect from the purchaser
the required amount of tax, it being the intent and purpose of this provision that each of
the taxes levied is in fact a tax on the consumer, with the brewpub licensee who pays the
tax in the first instance acting merely as an agent of the...
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40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were not due.
THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1,
2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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28-3-192
Section 28-3-192 Unlawful acts and offenses; penalties. (a) It shall be unlawful: (1) For any
licensee to sell, give away or otherwise dispose of beer taxable under this article within
this state on which the taxes required by this article have not been paid within 10 days after
the date upon which they were due. (2) For any wholesale beer licensee to fail to keep for
a period of at least three years, complete and truthful records covering the operation of
his license and particularly showing all purchases and sales of beer and the name and address
of the vendor or vendee, or to refuse the governing authority of any county or municipality
in which beer sales are made or any authorized employee or agent of the county or municipality,
access to such records or the opportunity to make inspection, examination, audit or copies
of the same when the request is made at any time during which the licensed premises are open
for the transaction of business. (3) For any wholesale beer licensee to...
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