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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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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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40-23-60
Section 40-23-60 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON or COMPANY. Any individual,
firm, company, partnership, association, corporation, receiver or trustee, or any other group
or combination acting as a unit, and the plural as well as the singular number, unless the
intention to give a more limited meaning is disclosed by the context. (2) DEPARTMENT. The
Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the following:
a. A sale of tangible personal property by wholesaler to licensed retail merchants, jobbers,
dealers or other wholesalers for resale and does not include a sale by wholesalers to users
or consumers, not for resale. b. A sale of tangible personal property or products, including
iron ore, and including the furnished container and label of such...
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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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8-30-1
Section 8-30-1 Definitions. The following terms shall have the following meanings: (1) BURIAL
MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection
with the interment, entombment, or inurnment of human remains. This includes, but is not limited
to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise,
bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed,
and vaults, and also includes foundations or footings of any type. (2) BURIAL RIGHT. The right
to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment
of human remains. (3) BURIAL SERVICE. Any service offered by a cemetery in connection with
the interment, entombment, or inurnment of human remains as described in subdivision (1) of
this section. (4) CEMETERY. Any land or structure in this state dedicated to and used, or
intended to be used, for interment of human remains. It may be either a...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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40-12-139
Section 40-12-139 Peddlers and itinerant vendors. (a) Every itinerant vendor or peddler who
shall sell or offer for sale any drugs, ointments or medical preparations intended for treatment
of any disease or injury, who shall by speech, writing or printing or any other method profess
to treat or cure diseases, injury or deformity by any drug, nostrum or medical preparation
shall pay an annual license tax of $250 to the state and $125 in each county where he does
business, but the license taken out under this section will not be so construed as to authorize
the licensee to practice medicine or treat persons for diseases; provided, that the foregoing
shall not be construed to apply to the sale of patent or proprietary medicines or household
remedies in original or unbroken packages upon which are written or printed directions for
use. (b) Each itinerant vendor or peddler of spices, flavoring, extracts, toilet articles,
soaps, insecticides, stock and poultry supplies, proprietary medicines...
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13A-9-110
Section 13A-9-110 Definitions. As used in this article, unless the context clearly requires
otherwise, the following words and terms shall have the following meanings: (1) HOME REPAIR.
a. The repairing, replacing, altering, or the construction or renovation of an addition to
a building on real property which is or will be primarily used as a residence. b. Home repair
shall include: The construction, installation, replacement, repairing, or renovation of driveways,
swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fallout shelters,
central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical
wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, roofs, insulation,
and other improvements to structures within the residence or upon the real property adjacent
thereto. c. Home repair shall not include: The sale, installation, cleaning, or repair of
carpets; the sale of goods or materials by a merchant who does not...
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27-12-14
Section 27-12-14 Inducements as to property, casualty, or surety insurance. (a) No property,
casualty, or surety insurer, or any employee thereof, and no broker, agent, or solicitor shall
pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement
to insurance or after insurance has been effected, any rebate, discount, abatement, credit,
or reduction of the premium named in a policy of insurance, or any special favor or advantage
in the dividends or other benefits to accrue thereon or any valuable consideration or inducement
whatever not specified in the policy except to the extent provided for in rating systems filed
with the commissioner by, or on behalf of, the insurer and approved by the commissioner. (b)
No insured named in a policy nor any employee of such insured shall knowingly receive or accept,
directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium.
(c) Nothing in this section shall be construed as...
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34-35-7
Section 34-35-7 License fee; bond. (a) Each applicant for a transient merchant license must
include a license fee of $250 with the application, to be deposited in the county treasury
that issues the license. The license applicant must also execute a cash bond or a surety bond
issued by a corporate surety authorized to do business in this state in an amount that is
the lesser of $2,000 or five percent of the wholesale value of any merchandise or services
to be offered for sale. The surety bond must be issued in favor of the state and must be conditioned
that the applicant will pay all taxes due from the applicant to the state or to a political
subdivision of the state, any fines assessed against the applicant or the applicant's agents
or employees for a violation of this chapter, and any judgment rendered against the applicant
or the applicant's agents or employees in a cause of action commenced by a purchaser of merchandise
or services not later than one year after the date the...
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