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34-35-2
Section 34-35-2 Exemptions from chapter. (a) The provisions of this chapter shall not apply
to: (1) Civic and nonprofit organizations, wholesale sales to retail merchants by commercial
travelers or agents selling in the usual course of business; (2) Wholesale trade shows or
conventions; (3) Sales of goods, wares, services, or merchandise by sample catalogue or brochure
for future delivery; (4) Fairs and convention center activities conducted primarily for amusement
or entertainment; (5) Any general sale, fair, auction, or bazaar sponsored by a church or
religious organization; (6) Garage sales held on premises devoted to residential use; (7)
Sales of crafts or items made by hand or sold or offered for sale by the person making the
crafts or items; (8) Duly licensed flea markets operating from a fixed location; (9) Sales
of agricultural products, except nursery products and foliage plants; or (10) Sample sales
made by a seller at residential premises under an invitation issued by the...
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28-3-243
Section 28-3-243 Return of confiscated goods. The board may in its discretion return any goods
confiscated under this chapter or any part thereof when it is shown that there was no intention
to violate the provisions of this chapter; provided, that when any goods, merchandise or other
property are confiscated under the provisions of this chapter, the board may, in its discretion,
return such goods to the parties from whom they are confiscated if and when such parties shall
pay to the board or its duly authorized representative an amount equal to the tax due under
this chapter on the goods confiscated and, in such cases, no advertisement shall be made or
notices posted in connection with said confiscation. (Acts 1936-37, Ex. Sess., No. 66, p.
40; Code 1940, T. 29, §52.)...
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40-1-1
Section 40-1-1 Definitions. For purposes of this title, and subject to additional definitions
which are applicable to specific chapters or parts thereof, and unless the context otherwise
requires, the following terms shall have the respective meanings ascribed by this section:
(1) BLIND PERSONS. All persons who have a vision with adjusted glasses suitable to the eye
or to the individual not greater than what is known as 20/200 vision. (2) FORM. This term
shall be synonymous with the term "Return." (3) INCOMPETENT VETERAN. Any veteran
who has been rated totally and permanently disabled by reason of insanity by the veterans'
bureau and for whom a guardian has been appointed under the provisions of Sections 26-9-2
through 26-9-18. (4) IMPROVEMENTS. All buildings, structures, walls, fences, and any other
things erected upon or affixed to the land. (5) MERCHANT. All persons, partnerships, trustees,
receivers, corporations or other entities engaged in trading or dealing in any kind of goods,...
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11-88-60
Section 11-88-60 Fixing of amount of assessment by board; assessment to constitute lien on
property against which levied; reduction or abatement of final assessment by board generally.
At such meeting or any adjournment thereof, the board shall proceed by resolution to fix the
amount of the assessment against each lot or tract of land described and included in the said
assessment roll, and all such assessments, from the date of such order or resolution, shall
be and constitute a lien on the respective lots or parcels of land upon which they are levied
superior to all other liens, except those of the state and county for taxes. The board shall
have no power to reduce or abate an assessment made for an improvement after such assessment
shall have been made final, unless an appeal shall have been taken from such assessment within
the time prescribed by law, except as provided in Section 11-88-62, but this provision shall
not affect the power of the board to split an assessment between two...
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28-3A-7
Section 28-3A-7 Importer license; issuance; restrictions on sales; registration of labels;
seizure of unregistered goods; monthly reports; inspections. (a) Upon applicant's compliance
with the provisions of this chapter and the regulations made thereunder, the board shall issue
to applicant an importer license which shall authorize the licensee to import alcoholic beverages
manufactured outside the United States of America into this state or for sale or distribution
within this state of liquor and wine to the board or the state, and table wine and beer to
wholesaler licensees of the board. No person shall import alcoholic beverages manufactured
outside the United States into this state or for sale or distribution within this state or
to the state, the board or any licensee of the board, unless such person shall be granted
an importer license issued by the board. (b) An importer licensee shall not sell any alcoholic
beverages for consumption on the premises where sold; nor, unless...
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34-4-2
Section 34-4-2 Definitions. For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed by this section: (1) AUCTIONEER. Any person
who has graduated from an accredited auction school and has one year's experience as an apprentice
auctioneer or has two years' experience as an apprentice auctioneer in bid calling, for a
fee, commission or any other valuable consideration, or with the intention or expectation
of receiving the same, by the means of or process of an auction or sale at auction, offers,
negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods,
chattels, merchandise, real or personal property or of any other commodity which may lawfully
be kept or offered for sale by or at public auction. (2) BOARD. The State Board of Auctioneers.
(3) APPRENTICE AUCTIONEER. Any person who for compensation or valuable consideration or otherwise
is employed, directly or indirectly, by an auctioneer to deal...
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40-25-10
Section 40-25-10 Department may compromise confiscation; rules and regulations governing interstate
common carriers. The Department of Revenue may in its discretion return any goods confiscated
under this article or any part thereof when it is shown that there was no intention to violate
the provisions of this article. When any goods, merchandise or other property are confiscated
under the provisions of this article, the Department of Revenue may, in its discretion, return
such goods to the parties from whom they are confiscated if and when such parties shall pay
to the Department of Revenue, or its duly authorized representative, an amount equal to the
tax due under this article on the goods confiscated, and in such cases no advertisement shall
be made or notices posted in connection with said confiscation. The Department of Revenue
may promulgate rules and regulations governing the stamping of any articles or commodities
enumerated herein handled by persons, firms or corporations...
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40-21-17
Section 40-21-17 Determination of value; assessment of property; penalizing delinquent taxpayer;
apportionment of assessed value; report to tax assessor. The department shall proceed forthwith
to examine the returns made by all persons, firms, and corporations required by law to make
the same and also such information as the department may have obtained in addition thereto,
shall determine the valuation of the different items of property required to be returned to
it and shall assess such property for taxation at 30 percent of its reasonable value; and,
in case no return has been made by or on behalf of such person, firm, or corporation on or
before March 1 in each year, the department may add to the assessment which it makes against
such person, firm, or corporation a penalty not exceeding 10 percent of the assessment as
made therefor. The assessment herein required to be made shall be completed on or before July
1, or as soon thereafter as practicable, and reported to the tax...
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5-19A-15
Section 5-19A-15 No confiscation of property pledged to pawnbroker if property may be put on
seven-day hold; when property may be placed on hold. (a) No pledged or purchased goods may
be confiscated if the property pledged to, or purchased by, a pawnbroker may be put on a seven-day
hold by the authorized law enforcement authorities, but the pledged or purchased property
may not be placed on hold unless: (1) A police report is made in a timely manner. (2) A warrant
is sworn out for the person who pledged or sold the goods to the pawnbroker or for alias if
the person is unknown. (3) A warrant or writ is issued for the merchandise to be confiscated
along with a request for restitution, pursuant to law. (b) This section shall not affect the
right of any person who has an ownership interest or prior lien in the pledged or purchased
goods. (Acts 1992, No. 92-597, p. 1227, §15.)...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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