28-11-2
Section 28-11-2 Definitions. For purposes of this chapter, the following terms have
the following meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE
PRODUCT. The term alternative nicotine product includes any product that consists of or contains
nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling,
snorting, sniffing, or by any other means. The term does not include a tobacco product, electronic
nicotine delivery system, or any product that has been approved by the United States Food
and Drug Administration for sale as a tobacco cessation product or for other medical purposes
and that is being marketed and sold solely for that purpose. (2) BOARD. The Alabama Alcoholic
Beverage Control Board. (3) CHILD-RESISTANT PACKAGING. Liquid nicotine container packaging
meeting the requirements of 15 U.S.C. §1472a. (4) DISTRIBUTION. To sell, barter, exchange,
or give tobacco or tobacco products for promotional purposes or...
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13A-12-3.1
Section 13A-12-3.1 Definitions. For purposes of this article, the following terms shall
have the following meanings: (1) ALTERNATIVE NICOTINE PRODUCT. The same meaning as in Section
28-11-2. (2) BOARD. The same meaning as in Section 28-11-2. (3) BRAND STYLE. A variety
of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used,
size of cigarette, filtration on the cigarette, or packaging. (4) CLEAR AND CONSPICUOUS STATEMENT.
A statement that is of sufficient type size to be clearly readable by the recipient of the
communication. (5) COMMISSIONER. The Commissioner of the Alabama Department of Revenue. (6)
CONSUMER. An individual who acquires or seeks to acquire cigarettes, or any one or more articles
taxed herein, for personal use. (7) DELIVERY SALE. Any sale of cigarettes to a consumer within
this state, regardless of whether the seller is located in this state, where either of the
following is true: a. The purchaser submits the order for such sale by...
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28-11-13
Section 28-11-13 Unlawful for minors to purchase, use, possess, or transport tobacco,
tobacco product, electronic nicotine delivery system, or alternative nicotine product. (a)
It is unlawful for any minor to purchase, use, possess, or transport tobacco, a tobacco product,
an electronic nicotine delivery system, or an alternative nicotine product within this state.
It shall not be unlawful for a minor employee of a tobacco, tobacco product, electronic nicotine
delivery system, or alternative nicotine product permit holder to handle, transport, or sell
tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative tobacco
product if the minor employee is acting within the line and scope of employment and the permit
holder, or an employee of the permit holder who is 21 years of age or older, is present. (b)
It is unlawful for any minor to present or offer to another person proof of identification
which is false, fraudulent, or not actually his or her own proof of...
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13A-12-3
Section 13A-12-3 Selling cigarettes to minors. Any person who sells, barters, exchanges
or gives to any minor any tobacco, tobacco product, electronic nicotine delivery system, or
alternative nicotine product, on conviction, shall be fined not less than one hundred dollars
($100) nor more than three hundred dollars ($300) and may also be imprisoned in the county
jail for not more than 30 days. (Code 1896, §5336; Code 1907, §6466; Code 1923, §3567;
Code 1940, T. 14, §95; Code 1975, §13-6-5; Act 2019-233, §2.)...
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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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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For
the purpose of this division, the following terms shall have the respective meanings ascribed
by this section: (1) PERSON or COMPANY. Used interchangeably, includes any individual,
firm, copartnership, association, corporation, receiver, trustee, or any other group or combination
acting as a unit and the plural as well as the singular number, unless the intention to give
a more limited meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(4) TAX YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit
sales and the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle
decals; determination of gross receipts; construction with other provisions. (a) Every taxpayer
required to purchase a business license under this chapter shall: (1) Purchase a business
license for each location at which it does business in the municipality, except as otherwise
provided by the municipality. (2) Except as provided in Section 11-51-193, with respect
to taxpayers subject to state licensing board oversight, be classified into one or more of
the following 2002 North American Industrial Classification System ("NAICS") sectors
and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR
NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR
LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross
Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...

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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in
the conduct of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods
or services as those of another, provided that this section shall not prohibit the
private labeling of goods or services. (2) Causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or services. (3) Causing confusion
or misunderstanding as to the affiliation, connection, or association with, or certification
by another, provided that this section shall not prohibit the private labeling of goods
or services. (4) Using deceptive representations or designations of geographic origin in connection
with goods or services. (5) Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or qualities that they do not have or that a
person has sponsorship, approval, status, affiliation, or connection that he or she does...

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28-11-16
Section 28-11-16 Advertising electronic nicotine delivery system or alternative nicotine
product. (a)(1) A retailer or manufacturer of electronic nicotine delivery systems or alternative
nicotine products may not advertise an electronic nicotine delivery system or an alternative
nicotine product in any of the following ways: a. As a tobacco cessation product. b. As a
healthier alternative to smoking. c. As available for purchase in any variety of flavors other
than tobacco, mint, or menthol on any outdoor billboard. d. On any outdoor billboard located
within 1,000 feet of any public or private K-12 school or public playground. (2) Paragraphs
a. and b. of subdivision (1) are not applicable to products that have received an order from
the FDA permitting the product to be marketed as a modified risk tobacco product, and are
marketed in accordance with that order. (b)(1) A violation of subsection (a) shall result
in a one hundred dollar ($100) fine for the first occurrence. (2) A second or...
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28-11-8
Section 28-11-8 Failure to obtain or display permit. (a) It shall be unlawful for any
person to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate
permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining
and displaying a valid permit by January 1, 1998, shall result in issuance of a warning citation.
The board shall conduct an information and education campaign by its Responsible Vendor Program
to inform distributors of tobacco products at retail or in vending machines or self-service
displays of the requirements of this law. Failure to obtain or display a valid permit pursuant
to this chapter after January 1, 1998, shall constitute a misdemeanor offense. (b) It shall
be unlawful for any person to sell or offer for sale electronic nicotine delivery systems
or alternative nicotine products without first obtaining the appropriate permit from the board.
Failure to obtain or display a valid permit by October...
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