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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE. A person
who directly or indirectly owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. Solely for purposes of this definition, the terms
"owns," "is owned," and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated
from one another by means of additional modifiers or descriptors, including, but not limited
to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction
with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern
of colors, or any other indicia of product identification identical or similar to, or identifiable
with, a previously known brand of cigarettes. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue for
the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
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40-25-23
Section 40-25-23 Disposition of funds. All revenues collected under the provisions of this
article, except as otherwise provided, shall be paid to the Department of Revenue by check
or draft made payable to the Treasurer of Alabama, and shall be distributed in the following
manner: (1) All of the revenue derived from the tax levied upon cigarettes by Sections 40-25-2
and 40-25-41 shall be deposited in the State Treasury and 38.82 percent of such revenue shall
be divided as follows: a. Six and six one-hundredths percent to the credit of the State Public
Welfare Trust Fund, which is hereby appropriated for general welfare purposes. In this section,
"general welfare purposes" means: 1. The administration of public assistance as
set out in Sections 38-2-5 and 38-4-1; 2. Services, including supplementation and supplementary
services under the federal Social Security Act, to or on behalf of persons to whom such public
assistance may be given under Section 38-4-1; 3. Services to and on behalf...
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40-1-44
Section 40-1-44 Interest on delinquent taxes and overpayments. (a) Interest shall be added
as provided herein to any tax or other amount due the department which is not paid by the
due date. Interest on any delinquency shall be charged from the due date of the tax, except
(1) interest on delinquent license taxes levied under Chapter 12 of this title shall be charged
from the delinquent date provided in subsection (e) of Section 40-12-10; and (2) interest
on delinquent license tax and registration fees levied on motor vehicles shall be charged
beginning after the period allowed for registration or renewal; and (3) interest on the freight
lines and equipment companies tax levied in Section 40-21-52 shall be charged from the delinquent
date thereof. The interest shall be computed based on the underpayment rate established by
the Secretary of the Treasury under the authority of 26 U.S.C. ยง6621. (b)(1) Except as provided
in subdivision (2) of this subsection (b), interest shall be paid by...
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6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by wholesalers
and distributors. Not later than 20 days after the end of each month, and more frequently
if so directed by the commissioner, each wholesaler and distributor shall submit all the information
the commissioner requires to facilitate compliance with this chapter, including, but not limited
to, a list by brand family of the total number of cigarettes or in the case of roll your own,
the equivalent stick count for which the wholesalers and distributors affixed stamps during
the previous month or otherwise paid the tax due for any cigarettes. The wholesaler or distributor
shall maintain, and make available to the commissioner, all invoices and documentation of
sales of all non-participating manufacturer cigarettes and any other information relied upon
in reporting to the commissioner for a period of five years. (b) Disclosure of information.
Notwithstanding any other law or rule, including...
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45-39-201.02
Section 45-39-201.02 Transaction fee; transfer fee; delinquency fee. (a) This section shall
apply only in Lauderdale County. (b) In addition to all other fees and costs provided by law,
a special transaction fee in an amount to be determined by the county commission, but not
exceeding one dollar twenty-five cents ($1.25), shall be paid to the Lauderdale County License
Commissioner for all transactions transacted in his or her office excepting hunting, fishing,
and driver's licenses. (c) In addition to all other fees and costs provided by law, a special
transfer fee in an amount to be determined by the county commission, but not exceeding four
dollars ($4), shall be paid to the Lauderdale County License Commissioner for each transfer
of a motor vehicle license tag as described in Section 40-12-261. (d) In addition to all other
fees, penalties, and interest, a special delinquency fee in an amount to be determined by
the county commission, but not exceeding four dollars ($4), shall be...
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45-17-242.05
Section 45-17-242.05 Payment of tax; records; inspections; seizure and sale of contraband;
appraisal; return of confiscated property; re-use of stamps or refill of packages. (a) After
the tax herein authorized has been levied in accordance with the provisions of this part,
no person, firm, or corporation shall sell, store, or distribute tobacco or tobacco products,
which are subject to such tax, without complying with the provisions of this part and the
rules and regulations promulgated and adopted by the county governing body pursuant thereto,
and paying any and all tax which such person, firm, or corporation may be liable under this
part. Every person, firm, or corporation selling, storing, or distributing in Colbert County
any tobacco or tobacco products shall keep such books, documents, papers, and other such records
as will enable the county governing body, or an authorized employee thereof, to determine
the amount of the tax due the county under this part, and such records shall...
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45-45-201.19
Section 45-45-201.19 License inspector - Powers and duties. It shall be the duty of the license
inspector to scrutinize the records and stubs kept in the office of the county license department
and also to examine the license records of each city or town located in the county of which
he or she has been appointed license inspector, and if it shall be reported to the license
inspector or come to his or her knowledge that any person, persons, firms, or corporations
have failed or refused to take out a license for a business or occupation for which a license
is required by the state, or have failed or refused to take out a license for operating any
motor vehicle or trailer for which license is required by law, the license inspector shall
thereupon cite such delinquent to appear before the license inspector at the courthouse of
the county in which the citation is issued and show cause why the license or privilege tax
required by law has not been paid, and at the same time shall file with...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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28-7-16
Section 28-7-16 Tax on sale of table wine; disposition of proceeds. (a) Levy. There is hereby
levied in addition to the license taxes provided for by this chapter and municipal and county
license taxes and in addition to any marked-up price made by the board on wine sold by the
board a privilege or excise tax measured by and graduated in accordance with the volume of
sales of table wine containing not more than sixteen and one-half percent alcohol by volume
and shall be an amount equal to forty-five cents ($.45) per liter of table wine containing
not more than sixteen and one-half percent alcohol by volume sold to the wholesale licensee
or board, to be collected from the purchaser by the board or by a licensed retailer. (b) Collection,
Monthly Return, Remittance, Right to Examine Books and Records. (1) The tax levied by subsection
(a) shall be added to the sales price of all table wine containing not more than sixteen and
one-half percent alcohol by volume sold and shall be collected...
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