Code of Alabama

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8-15-10
Section 8-15-10 Permit - Penalty for operating without permit; disposition of proceeds
from penalties. (a) Any person operating a public warehouse without a permit required by this
chapter shall be subject to a penalty of not over $1,000, which may be collected in a civil
action instituted at the instance of the Governor, the Attorney General or the Commissioner
of Agriculture and Industries. (b) All moneys received from the collection of such penalty
shall accrue to the Agricultural Fund. (Ag. Code 1927, §407; Acts 1935, No. 13, p. 12; Acts
1939, No. 443, p. 586; Code 1940, T. 2, §586.)...
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8-17-91
Section 8-17-91 Disposition of funds; overpayments. (a) The proceeds from the permit
fees, inspection fees, and penalties, if any, collected by the Commissioner of Agriculture
and Industries and the Revenue Commissioner pursuant to Section 8-17-87 together with
one-third of the proceeds of the six cent ($.06) additional motor fuel excise tax levied on
gasoline under subdivision (1) of subsection (a) of Section 40-17-325, shall be paid
into the State Treasury and distributed by the State Treasurer as follows: (1) An amount equal
to five percent or no less than $175,000, whichever is greater, of the combined proceeds received
each month shall accrue to the credit of, and be deposited in, the Agricultural Fund; and
(2) The balance of the proceeds shall be distributed as follows: a. 13.87 percent of the balance
of the proceeds shall be distributed equally among each of the 67 counties of the state monthly.
The county shall deposit the proceeds into the county's special RRR Fund as provided...
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2-15-70
Section 2-15-70 Operation of livestock market without permit, etc.; disposition of fines;
injunctive proceedings to restrain operation of livestock market in violation of provisions
of division. (a) It shall be unlawful for any person to violate any of the provisions and
requirements of this division or to fail or refuse to perform any duty or requirement imposed
by the provisions of this division or to operate a livestock market without having a valid
permit as required under the provisions of this division, and it shall also be unlawful for
any person to operate a livestock market after the permit to so operate has been revoked under
the provisions of this division. Each day's operation of a livestock market without a permit
shall constitute a separate violation. Any person operating a livestock market without a permit
shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00
nor more than $500.00 and, within the discretion of the court, may be...
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2-25-6
Section 2-25-6 Inspection certificate required for nurserymen and dealers in nursery
stock; fees. (a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose
for sale or distribution in this state any nursery stock, he or she shall apply for and obtain
from the commissioner an inspection certificate indicating compliance with the provisions
of this article and the rules and regulations promulgated thereunder. The inspection certificate
shall, among other requirements, be based upon an inspection conducted by the commissioner
of the nursery stock and the area where it is kept, stored or grown. The inspection certificate
issued by the commissioner shall expire on September 30 and shall be renewable on or before
October 1 for the succeeding fiscal year. (2) Where nursery stock is grown at more than one
location by one nurseryman, fees shall be based upon the previous year's volume of sales,
and established by rule of the Board of Agriculture and Industries, and the...
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2-28-11
Section 2-28-11 Penalties for violations of provisions of chapter or rules or regulations
promulgated hereunder; injunctive proceedings to restrain performance, etc., of professional
work or services without permit. (a) Penalties. Any person who engages in professional work
or services as defined in this chapter or any person who solicits such work through advertising
or in any other manner without having a permit as required by said chapter or any person who
violates any of the provisions or requirements of this chapter or any rules and regulations
adopted and promulgated as authorized under said chapter by failure to comply with any of
the requirements or rules and regulations of said chapter shall be guilty of a misdemeanor
and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, within
the discretion of the court, may also be imprisoned for a period not to exceed six months.
Fines paid for such violations shall be deposited in the State Treasury to the...
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2-28-4
Section 2-28-4 Permits; statements as to training and experience of applicants; examination.
(a) Permits generally; fees; delinquent penalty; subcategories of structural pest control
permits and fees. Before any person engages in professional work or services as defined in
this chapter or before any person may solicit professional work or services through advertising
or in any other manner, the person shall apply for and obtain from the commissioner an annual
permit on forms furnished for this purpose accompanied with the annual permit fee which shall
be established by the Board of Agriculture and Industries not to exceed $200. Structural pest
control work as defined in subdivision (5) of Section 2-28-1 shall be divided in the
following subcategories: (1) Control of wood-destroying organisms by any method other than
fumigation, (2) Control of industrial, institutional, and household pests by any method other
than fumigation, (3) Fumigation pest control. The annual permit fee for...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department
of Revenue, and it shall have the power and authority, in addition to the authority now in
it vested by law: (1) To have and exercise general and complete supervision and control of
the valuation, equalization, and assessment of property, privilege, or franchise and of the
collection of all property, privilege, license, excise, intangible, franchise, or other taxes
for the state and counties, and of the enforcement of the tax laws of the state, and of the
several county tax assessors and county tax collectors, probate judges, and each and every
state and county official, board, or commission charged with any duty in the enforcement of
tax laws, to the end that all taxable property in the state shall be assessed and taxes shall
be imposed and collected thereon in compliance with the law and that all assessments on property,
privileges, intangibles, and franchises in the state shall be made in exact...
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2-1-6
Section 2-1-6 Refund of any funds improperly or illegally collected. In the event of
improper or illegal collection of any license or permit fee, or any other sum made in an effort
to enforce any of the provisions of this title or any other provision of this Code or other
statute which the Commissioner, Department or Board of Agriculture and Industries is authorized
or directed to administer or enforce, either as a result of a mistake of law or fact, upon
the written application of the party in interest, the comptroller, upon requisition of the
commissioner approved by the Attorney General that such sum was improperly or illegally collected
and paid into the Treasury to the credit of the Agricultural Fund, shall draw his warrant
in favor of the party in interest upon the Treasurer for the amount thus certified as improperly
or illegally collected and paid into the Treasury to the credit of said Agricultural Fund,
and the same shall be charged to and paid out of the particular fund into...
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2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning,
etc., seed without permit. Any person required to secure a permit as provided under Section
2-26-5 who fails or refuses to apply for and obtain such a permit and pay the fee therefor
may be restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub
or herb seed or from operating a seed cleaning, shelling, delinting or processing plant. In
addition to the penalty provided in this article, the Commissioner of Agriculture and Industries
may file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, §11.)...
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2-19-61
Section 2-19-61 Permit required; fee and delinquency penalty. The proprietor, lessee,
or manager of any cotton gin shall procure on or before July 1 of each year from the commissioner
a permit to do business as a cotton ginner, the application for which shall be made upon forms
to be furnished by the commissioner. The fee for the annual permit shall be established by
the Board of Agriculture and Industries not to exceed one hundred dollars ($100), payable
to the Commissioner of Agriculture and Industries for deposit to the credit of the Agricultural
Fund, which shall accompany the application for the permit. If such permit fee is not paid
within 45 days from the due date, a delinquent penalty of 15 percent shall be added. In the
issuance of a permit the commissioner shall consider the responsibility and qualifications,
as well as the capacity of the person or persons or corporation to engage in the ginning business,
so far as to afford all reasonable facilities, conveniences, and...
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