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8-21A-2
Section 8-21A-2 Definitions. As used in this chapter, the following terms shall have
the ascribed meanings unless the context indicates a different meaning: (1) CONTINUING COMMERCIAL
RELATIONSHIP. Any relationship in which the equipment dealer has been granted the right to
sell and/or service equipment manufactured by the supplier. (2) COST or NET COST. The actual
price paid by the dealer to the manufacturer, distributor, or wholesaler, plus freight costs
paid by or charged to the dealer. (3) CURRENT NET PRICE. The dealer's price as listed in the
supplier's effective price list and/or catalog. (4) DEALER CONTRACT, DEALER AGREEMENT, or
FRANCHISE. An agreement or contract, expressed or implied, oral or written, by and between
a supplier and a dealer by which the dealer is granted the right to purchase, sell, distribute,
and/or service the supplier's equipment, and in which there is a community of interest in
the marketing of farm tractors, lawn and garden equipment, light industrial...
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8-21B-3
Section 8-21B-3 Definitions. The following words shall have the following meanings:
(1) DEALER. A person, corporation, partnership, or other business entity primarily engaged
in the business of retail sales or leasing of heavy equipment and heavy equipment parts and
who has an established place of business in this state. If a dealer's retail sales volume
of heavy equipment and heavy equipment parts purchased from a single supplier is greater than
70 percent of such dealer's total retail sales volume of heavy equipment and heavy equipment
parts during the 12-month period immediately prior to May 22, 2009, or the term of any dealer
agreement entered into between the supplier and such dealer after May 22, 2009, then the dealer
and such supplier shall not be subject to this chapter with respect to the dealer agreement
and transactions between them, but the dealer shall otherwise be subject to this chapter with
respect to dealer agreements and transactions with other suppliers. (2) DEALER...
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8-21A-1
Section 8-21A-1 Short title. This chapter may be cited as "The Tractor, Lawn and
Garden and Light Industrial Equipment Franchise Act." (Acts 1991, No. 91-721, p. 1401,
ยง1.)...
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8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
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32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title,
for the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
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32-12A-1
Section 32-12A-1 Definitions. For purposes of this chapter, the following terms shall
have the following meanings: (1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60 inches
or less in width, having a dry weight of 1,500 pounds or less, designed to travel on three
or more non-highway tires, and manufactured for off-road use by a single operator or by an
operator and not more than one passenger as provided by the manufacturer. (2) OFF-ROAD VEHICLE.
Any motorized vehicle not designed for use on a highway and capable of cross-country travel
on land, snow, ice, marsh, swampland, or other natural terrain. The term includes any all-terrain
vehicle and recreational off-highway vehicle. The term excludes any golf cart; any vehicle
used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles
used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled
equipment for harvesting and transportation of forest products, for...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle
decals; determination of gross receipts; construction with other provisions. (a) Every taxpayer
required to purchase a business license under this chapter shall: (1) Purchase a business
license for each location at which it does business in the municipality, except as otherwise
provided by the municipality. (2) Except as provided in Section 11-51-193, with respect
to taxpayers subject to state licensing board oversight, be classified into one or more of
the following 2002 North American Industrial Classification System ("NAICS") sectors
and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR
NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR
LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross
Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...
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32-8-2
Section 32-8-2 Definitions. For the purpose of this chapter, the following terms shall
have the meanings respectively ascribed to them in this section, except where the context
clearly indicates a different meaning: (1) CURRENT ADDRESS. A new address different from the
address shown on the application or on the certificate of title. The owner, within 30 days
after the address is changed from that shown on the application or on the certificate of title,
shall notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division
and from the computation of the amount of the tax levied, assessed, or payable under this
division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline
as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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8-21A-5
Section 8-21A-5 Supplier's duties to dealers - Provision of repair parts; return of
surplus parts. (a) Every supplier shall provide for the availability of repair parts throughout
the reasonable useful life of any equipment sold by the supplier or dealer. (b) Every supplier
shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity
to return a portion of dealer's surplus parts inventory for credit. This surplus procedure
shall be administered as follows: (1) The supplier must notify its equipment dealers of a
time period, in no event less than 90 days' duration, during which time equipment dealers
may submit their surplus parts lists and return their surplus parts to the supplier. (2) Pursuant
to this subdivision, a supplier must allow surplus parts return authority on a dollar value
of parts equal to 10 percent of the total dollar value of parts purchased on stock order by
the dealer from the supplier during the twelve month period immediately...
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