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40-9-1
Section 40-9-1 Persons and property generally. The following property and persons shall be
exempt from ad valorem taxation and none other: (1) All bonds of the United States and this
state and all county and municipal bonds issued by counties and municipalities in this state,
all property, real and personal, of the United States and this state and of county and municipal
corporations in this state; all cemeteries, all property, real and personal, used exclusively
for religious worship, for schools or for purposes purely charitable; provided, that property,
real or personal, owned by any educational, religious or charitable institution, society or
corporation let for rent or hire or for use for business purposes shall not be exempt from
taxation, notwithstanding that the income from such property shall be used exclusively for
education, religious or charitable purposes; all mortgages, together with the notes, debts
and credits secured thereby on real and personal property situated in...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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8-13-4
Section 8-13-4 License - Bond required of applicant. (a) Every applicant for a going out of
business sale or distress merchandise sale license shall execute and file with the probate
judge to whom the application is made a good and sufficient bond in the sum of $2,500 or five
percent of the wholesale value of the inventory as set forth in the application, whichever
is greater, with two or more sureties thereon, approved by said probate judge or with the
surety thereon a surety company authorized to do business in the State of Alabama, which bond
in any event shall be approved by said probate judge, payable to the State of Alabama, and
shall be conditioned upon faithful observance of all the conditions of this chapter and shall
also indemnify any purchaser at such sale who suffers any loss by reason of misrepresentation
in said sale. (b) Such bond shall continue in effect for one year after the termination of
the sale for which it is made. (c) The licensee shall notify the probate judge...
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8-13-7
Section 8-13-7 License - License issued only to bona fide merchant. No license for a going
out of business sale or a distress merchandise sale shall be issued except to a bona fide
licensed merchant of the State of Alabama, and no such license shall be granted to an applicant
who sets up an establishment or who acquires an interest in an establishment solely or principally
for the purpose of conducting a going out of business sale or distress merchandise sale. (Acts
1965, No. 553, p. 1027, §10.)...
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8-13-13
Section 8-13-13 License - Revocation or suspension. The probate judge issuing a license for
a going out of business sale or distress merchandise sale may revoke or suspend the same if
any licensee sells, offers for sale, or advertises for sale any goods, wares, or merchandise
in addition to those specified under Section 8-13-17, violates any of the provisions of this
chapter or any other law relating to the business so licensed or otherwise fails to comply
with the terms of this chapter. (Acts 1965, No. 553, p. 1027, §21.)...
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8-13-18
Section 8-13-18 Daily report of merchandise received; failure to report ground for license
revocation. A licensee in a going out of business sale or distress merchandise sale shall
file with the probate judge issuing the license a daily report under oath of merchandise received.
The report shall show the quantity, kind, and grade of each item received, the supplier of
each item, and the wholesale value thereof. Failure to report any receipt of goods while a
license is in force is ground for revocation of the license, in the discretion of the probate
judge issuing the same. (Acts 1965, No. 553, p. 1027, §17.)...
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8-13-9
Section 8-13-9 License - When probate judge to issue license. A license shall be issued to
an applicant when the probate judge to whom the application for a going out of business sale
or distress merchandise sale is made is satisfied after investigation and public hearing that:
(1) The applicant intends to discontinue his business at the location designated in the application
on the date specified therein if such sale is a going out of business sale; (2) The applicant's
inventory, on hand and on order, is not out of proportion to the stock normally carried by
such applicant; (3) The applicant has not purchased or otherwise acquired goods, wares, or
merchandise for the purpose of conducting a going out of business sale or distress merchandise
sale; (4) The goods, wares, or merchandise to be offered for sale are those of a bona fide
merchant of the State of Alabama; (5) No misrepresentation of the goods to be sold has been
made or will be practiced; and (6) The applicant has complied...
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8-13-6
Section 8-13-6 License - Investigation; investigation fee; cost of independent audit; applicant's
refusal to pay investigation fee and costs. (a) When an application for a license to conduct
a going out of business sale or distress merchandise sale is filed, the probate judge to whom
the application is made shall make such investigation as he deems necessary prior to the public
hearing hereinafter provided. (b) The applicant shall pay to such probate judge at the time
the application is filed a fee of $10 for making such an investigation, and if such probate
judge deems it necessary to have an independent inventory or audit of the applicant's books
made, he shall advise the applicant of the cost of such independent inventory or audit and
applicant shall pay such amount to such probate judge to be used by him to pay the cost of
such inventory and/or audit. (c) The applicant's refusal to pay the fee and costs hereinabove
provided and his refusal to permit examination of his books and...
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8-13-2
Section 8-13-2 License - Required; display on premises of sale; display of license number and
date of issuance in advertising. (a) It shall be unlawful for any person to sell, offer for
sale, or advertise for sale at a going out of business sale or a distress merchandise sale
any goods, wares, or merchandise, whether it be his property or that of another, unless a
license for such sale has been issued pursuant to this chapter and is in effect. (b) Such
license must be displayed in a prominent place on the premises wherein any such sale is being
conducted, and the number and date of issue of the license must be displayed in any advertising
of the sale. (Acts 1965, No. 553, p. 1027, §2.)...
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8-13-5
Section 8-13-5 License - Public hearing on application. The probate judge to whom the application
for a going out of business sale or distress merchandise sale license is made, or his designee,
shall conduct a public hearing not later than two weeks after an application has been filed.
At least one week prior to such hearing the probate judge shall publish, at the expense of
the applicant, a notice of the hearing in a local newspaper of general circulation. The probate
judge may require that a record be made of the public hearing and that the testimony at such
hearing be under oath. (Acts 1965, No. 553, p. 1027, §6.)...
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