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28-11-6
Section 28-11-6 Distribution of tobacco or tobacco products. No tobacco or tobacco product,
except cigars, shall be distributed unless in an original factory-wrapped container. This
prohibition also applies to the distribution of single cigarettes and packages containing
less than 20 cigarettes. (Acts 1997, No. 97-423, p. 721, §6.)...
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40-25-25
Section 40-25-25 Presumption arising from possession of unstamped tobacco products. If any
person, firm or corporation who is not a regularly licensed dealer in tobacco products shall
have in his possession within the state more than 30 packages of unstamped cigarettes or more
than one box of unstamped cigars, such possession shall be presumed to be for the purpose
of evading the payment of the taxes due thereon. (Acts 1945, No. 368, p. 593, §2.)...
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45-49-249.57
Section 45-49-249.57 Duplicate invoices for imported tobacco products. Any retail dealer or
semijobber of tobacco products enumerated and defined in this subpart purchasing or receiving
the commodities from without the state, whether the same shall have been ordered or purchased
through a wholesaler or jobber in this state, or by drop shipment or otherwise, which the
state, county, city, and local tax has not already been paid at wholesale, shall within three
days of receipt of such tobacco products, provide electronically, a true duplicate invoice
of all such purchases or receipts to the Mobile County Tobacco Tax Collector, the invoice
carrying the name of the person or firm from whom or through whom such purchases or shipments
of the tobacco products so received, showing kinds and quantities. Any retail dealer or semijobber
failing or refusing to furnish duplicate invoices, in both the manner and time allowed, may
be subject to a county-imposed penalty of not less than one thousand...
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6-12A-3
Section 6-12A-3 Tobacco product manufacturer certification; directory; stamping, sale, or import
of cigarettes not in directory. (a) Certification. Every tobacco product manufacturer whose
cigarettes are sold in this state whether directly or through a distributor, retailer, or
similar intermediary or intermediaries shall execute and deliver on a form prescribed by the
commissioner, a certification to the commissioner no later than the thirtieth day of April
each year, certifying that, as of the date of the certification, the tobacco product manufacturer
either: Is a participating manufacturer or is in full compliance with Section 6-12-3, including
all quarterly installment payments required by subsection (e) of Section 6-12A-5. (1) Each
participating manufacturer shall include in its certification a list of its brand families.
The participating manufacturer shall update its list 30 days prior to any addition or modification
to its brand families by executing and delivering a...
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45-2-244.130
Section 45-2-244.130 Levy of tax. (a) There is hereby imposed on every person, firm, or corporation
that sells, stores, delivers, uses, or otherwise consumes tobacco or tobacco products in Baldwin
County, a county privilege, license, or excise tax in the following amounts: (1) Five cents
($0.05) for each sack, can, package, excluding cigarette packages, or other container of smoking
tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms
of tobacco which are prepared in such manner suitable for smoking in a pipe or cigarette.
(2) Five cents ($0.05) for each sack, plug, package, or other container of chewing tobacco,
which tobacco is prepared in such manner suitable for chewing only and not suitable for smoking
as described in subdivision (3). (3) Five cents ($0.05) for each can, bottle, glass, tumbler,
package, or other container of snuff made of tobacco or any substitute therefor. (4) Eight
cents ($0.08) for each package of tobacco paper, both...
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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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40-25-14
Section 40-25-14 Filing of monthly report and customs certificates. Each and every wholesaler
or jobber qualifying as such with the Department of Revenue shall be required to file a report
between the first and twentieth of each month, covering the purchase or receipt by them of
all tobacco products enumerated and defined herein during the preceding month. Said report
shall give in detail the different kinds and quantities of tobacco products so purchased or
received by them during the preceding month. The Department of Revenue shall furnish any person
seeking to bring an action under Section 8-19-10 with information permitting the identification
of a distributor which has affixed a stamp to a package of cigarettes in accordance with this
section. In addition, between the first and twentieth of each month, each person licensed
to affix the state tax stamp to cigarettes shall file with the Department of Revenue, for
all cigarettes imported into the United States to which such person has...
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45-33-242
Section 45-33-242 Levy of tax. (a) The Hale County Commission is authorized to levy upon every
person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes certain
tobacco products in Hale County, a county privilege, license, or excise tax of five cents
($0.05) on each package of cigarettes made of tobacco or any substitute therefor. (b) The
privilege, license, or excise tax levied by this subpart shall be in addition to all other
taxes provided by law. Provided, however, when the license tax levied under this subpart is
paid by a wholesaler or retailer of cigarettes, the payment shall be sufficient for the taxes
levied by this subpart, the intent being that the license tax is to be paid only once on each
package of cigarettes. (Act 91-783, p. 170, §1; Act 92-566, p. 1178, §1.)...
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8-19-12
Section 8-19-12 Violations. (a) Any person who continuously and willfully violates any provision
of this chapter shall be guilty of a Class A misdemeanor. (b) In addition to any other penalties
set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5: (1) Shall
be guilty of a Class A misdemeanor. (2) Shall be subject to the revocation of any license
or permit pertaining to the sale or distribution of cigarettes or other tobacco products,
including, but not limited to, any license or permit issued by the Commissioner of Revenue
pursuant to Chapter 25 of Title 40. (c) Notwithstanding any other provision of law, any law
enforcement officer or agent of the Department of Revenue shall seize any cigarettes that
are acquired, held, owned, possessed, transported in, imported into, or sold or distributed
in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized
shall be deemed contraband goods and shall be confiscated and destroyed....
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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
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