Code of Alabama

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40-21-122
Section 40-21-122 Exclusions. There are hereby specifically excluded from the gross receipts
or gross sales of a cellular provider, upon which the tax herein levied is calculated, all
portions thereof derived from the following: (1) The furnishings of cellular services which
the State of Alabama is prohibited from taxing under the Constitution or laws of the United
States of America or the Constitution of Alabama of 1901; (2) The furnishing of cellular services
which are otherwise taxed under the provisions of Sections 40-23-1 through 40-23-36; (3) Wholesale
sales; and (4) The furnishing of cellular telecommunications service through the use of a
prepaid telephone calling card, a prepaid authorization number, or both. (Acts 1990, No. 90-97,
p. 104, §2(c); Act 97-867, 1st Sp. Sess., p. 208, §3; Act 99-399, p. 663, §1.)...
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40-21-50
Section 40-21-50 Levied generally. For each person operating a public utility, such as a street
railroad or interurban railroad operated by electricity or other motive power, waterworks,
gas company, pipeline company for transporting or carrying gas, oil, gasoline, water or other
commodities, gas distributing companies, whether by means of pipeline or by tanks, drums,
tubes, cylinders or otherwise, heating companies or other public utility, except electric,
hydroelectric, telephone or telegraph companies, railroad or sleeping car companies and express
companies which are otherwise licensed, shall pay to the state a license tax equal to two
and two-tenths percent on each $1 of gross receipts of such public utility in this state for
the preceding year. For the first year's business, where an existing public utility is taken
over, such license tax payable to the state shall be equal to two and two-tenths percent on
each $1 of the gross receipts for the preceding year of the public utility...
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45-23A-93
Section 45-23A-93 Auxiliary communication services. (a) As used in this section, the word "city"
shall mean the City of Ozark in Dale County. (b)(I) In addition to all other powers, rights,
and authority heretofore granted by law, the city is authorized and empowered to acquire,
purchase, lease, construct, operate, maintain, enlarge, extend, and improve as part of the
system facilities for the provision to inhabitants of the city and surrounding territory of
auxiliary services which may be identified generally as any communication service, not including
cable television transmission, which shall include, but not be limited to, burglar alarm systems,
data transmissions, facsimile service, home shopping service, and any allied or similar communication
services. (2) The city shall provide, without the requirement of any franchise, to any requesting
communication company or utility regulated by the Public Service Commission, or any electric
cooperative organized under Chapter 6, Title 37,...
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45-35-20.05
Section 45-35-20.05 Exceptions. This part shall not be deemed to be violated in any of the
following circumstances: (1) When a person appears nude in a public place provided or set
apart for nudity, and the person is nude for the sole purpose of performing a legal function
that is customarily intended to be performed within the public place, and the person is not
nude for the purpose of obtaining money or other financial gain for the person or for another
person or entity. (2) When the conduct of being nude cannot constitutionally be prohibited
by law because it constitutes a part of a bona fide live communication, demonstration, or
performance by a person when the nudity or simulated nudity is expressive conduct incidental
to and necessary for the conveyance or communication of a genuine message or public expression
and is not a guise or pretense utilized to exploit nudity for profit or commercial gain. (3)
When the conduct of being nude cannot be constitutionally prohibited by law...
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8-19A-3
Section 8-19A-3 Definitions. As used in this chapter and Chapter 19C, the following terms shall
have the following meanings unless the context clearly indicates otherwise: (1) CALLER IDENTIFICATION
SERVICE. A type of telephone service which permits telephone subscribers to see the telephone
number of incoming telephone calls. (2) COMMERCIAL TELEPHONE SELLER. Any person who engages
in commercial telephone solicitation on his or her own behalf or through salespersons, except
that a commercial telephone seller does not include any of the persons or entities exempted
from this chapter by Section 8-19A-4. A commercial telephone seller does not include a salesperson
as defined in subdivision (15). A commercial telephone seller includes, but is not limited
to, owners, operators, officers, directors, partners, or other individuals engaged in the
management activities of a business entity pursuant to this chapter. (3) COMMERCIAL TELEPHONE
SOLICITATION. a. An unsolicited telephone call to a...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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23-2-150
Section 23-2-150 Authority to collect tolls, revenues, etc.; to lease to utilities; toll rates
adjusted to conform to trust agreement. The authority is hereby authorized to fix, revise,
charge, and collect tolls for the use of each toll road, bridge or tunnel project and the
different parts or sections thereof, and to contract with, or to lease to or from, any person,
partnership, association or corporation desiring the use of any part thereof, including the
right-of-way adjoining the paved portion of approaches and access highways, streets or roads
for placing thereon telephone, telegraph, electric light or power lines or pipe lines for
gas and water or for petroleum products or for any other purpose except for tracks for railroad
or railway use and to fix the terms, conditions, rents, and rates of charges for such use.
Tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions
of any contract with or for the benefit of bondholders. Tolls shall not be...
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26-1A-203
Section 26-1A-203 Construction of authority generally. Except as otherwise provided in the
power of attorney, by executing a power of attorney that incorporates by reference a subject
described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to
do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes
the agent, with respect to that subject, to: (1) demand, receive, and obtain by litigation
or otherwise, money or another thing of value to which the principal is, may become, or claims
to be entitled, and conserve, invest, disburse, or use anything so received or obtained for
the purposes intended; (2) contract in any manner with any person, on terms agreeable to the
agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) execute, acknowledge, seal, deliver, file, or record any...
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37-2-1
Section 37-2-1 "Transportation company" defined. The term "transportation company"
shall mean and include every person not engaged solely in interstate commerce or business
that now or may hereafter own, operate, lease, manage or control, as common carriers or for
hire: Any railroad or part of a railroad in this state or any cars or other equipment used
thereon, or bridges, terminals or sidetracks used in connection therewith, whether owned by
such railroad or otherwise; any express companies; any car companies; any sleeping car companies;
any steamboat or steam packet company or common carrier for hire by water regardless of the
propelling power used; any railroad depot or terminal station; any telegraph line; any telephone
line; any pipeline for the transportation of oil or other commodity, whether the transportation
is by pipeline or partly by pipeline and partly by rail, truck or water. This term shall also
mean and include two or more transportation companies rendering joint...
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37-6-40
Section 37-6-40 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) RURAL AREA. Any area within
this state not included within the boundaries of any incorporated or unincorporated city,
town, village, or borough having a population in excess of 25,000 inhabitants according to
the last preceding federal census, prior to the time service was commenced. For purposes of
providing wireless communications services, including, without limitation, services classified
as of January 1, 1997, as "commercial mobile radio services" by the FCC, the term
"rural area" shall include all of the territory for which the electric cooperative
is authorized to provide wireless service under federal law or regulations. (2) TELEPHONE
SERVICE. Any communication service, including, without limitation, all telephone lines, facilities,
or systems used in the rendition of such service. (Acts 1949, No. 339, p. 509, §1; Acts...

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