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8-22-10
Section 8-22-10 Below cost combined selling price of motor fuel and promotional gifts, etc.,
prohibited. In all advertisements, offers for sale or sales involving two or more items, at
least one of which items is motor fuel, at a combined price, and in all advertisements, offers
of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether
it be coupons or otherwise), the wholesaler's or retailer's combined selling price shall not
be below the cost to the wholesaler or the cost to the retailer, respectively, of the total
of all motor fuel and other goods. (Acts 1984, No. 84-260, p. 433, §10; Act 2015-225, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-10.htm - 964 bytes - Match Info - Similar pages
8-22-4
Section 8-22-4 Definitions. The following terms shall have the meanings ascribed to them in
this section unless otherwise stated and unless the context or subject matter clearly indicates
otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business
trust, joint stock company, company, corporation, or legal entity. (2) MOTOR FUEL. Those products
upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and
40-17-170, as amended, is imposed. (3) WHOLESALER. Includes any person qualified as a wholesaler
of motor fuel with the state Revenue Commissioner, and shall also mean and include any person,
other than a buying pool defined herein, wherever resident or located, who brings or causes
to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate
of such person, in commerce within the state, who purchases motor...
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8-22-13
Section 8-22-13 Competitive sales, etc. (a) Any wholesaler may advertise, offer to sell, or
sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering
the same type service and is selling the same article at cost to the said competing wholesaler
as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel
at a price made in good faith to meet the price of a competitor who is selling the same article
at cost to the said competing retailer as defined in this chapter. The price of motor fuel
advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall
not be considered the price of a competitor and shall not be used as a basis for establishing
prices below cost, nor shall the price established at a bankrupt sale be considered the price
of a competitor within the purview of this section. (b) In the absence of proof of the actual
cost to the said competing wholesaler or the said competing...
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8-22-8
Section 8-22-8 Certain sales and transfer price differentials authorized. (a) It is not a violation
of this chapter if a difference exists between the transfer price or sales price of motor
fuel of like grade and quality and the price charged to a person who purchases for resale
at the same level of distribution, including any discounts, rebates, allowances, services,
facilities granted any of a supplier's own marketing operations in excess of those provided
to a person who purchases for resale at the same level of distribution, if the lower price
is due to a cost differential incurred because of a difference in shipping method, transportation,
marketing, sale or quantity, in which such motor fuel is sold. (b) It is not a violation of
this chapter if any price is established in good faith to meet an equally low price of a competitor
in the same market area on the same level of distribution selling the same or a similar product
of like grade and quality or is exempt under Section...
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40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer plates.
(a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle may
be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer who
has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates from the department
upon presentation of the current licenses and payment of the fee for a private passenger automobile
as provided in subdivision (1) of subsection (a) of Section 40-12-242 and subsection (a) of
Section 40-12-273 per dealer plate. An additional two dollar ($2) issuance fee shall also
be collected by the department. A new or used motor vehicle dealer that has a current regulatory
license required under this article and a dealer license as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-264.htm - 10K - Match Info - Similar pages
8-22-11
Section 8-22-11 Sales between wholesalers. When one wholesaler sells motor fuel to any other
wholesaler, the former shall not be required to include in his selling price to the latter
"cost to the wholesaler" as provided by Section 8-22-4, but the latter wholesaler,
upon resale to a retailer, shall be subject to the provisions of said section. (Acts 1984,
No. 84-260, p. 433, §11.)...
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8-22-18
Section 8-22-18 Prima facie showing of violation of chapter. In any action brought under Sections
8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting
the prima facie case thus made by showing justification shall shift to the defendant. A prima
facie showing of a violation shall be constituted if the plaintiff shows: (1) That the plaintiff's
purchase price from a refiner or wholesaler is greater than said refiner's transfer price;
or (2) That the plaintiff's purchase price from a refiner or wholesaler plus the plaintiff's
cost of doing business is greater than said refiner's or wholesaler's retail posted sales
price; or (3) That the plaintiff's basic cost of motor fuel plus the plaintiff's cost of doing
business is greater than the posted sales price at a retail location of a competitor, within
the plaintiff's marketing area, suspected of selling motor fuel in violation of this chapter.
(Acts 1984, No. 84-260, p. 433, §18.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-18.htm - 1K - Match Info - Similar pages
8-22-9
Section 8-22-9 Unlawful acts generally. It shall be unlawful under this section: (1) For any
person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale
or retail, as the case may be, where the effect is to injure competition. (2) For any person,
where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to
offer a concession of any kind in connection with the sale of motor fuel. (3) For any retailer
to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel
at a price less than cost to wholesaler. Any person who violates any provision of this section
shall be subject to the provisions and penalties of this chapter. (Acts 1984, No. 84-260,
p. 433, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-9.htm - 1K - Match Info - Similar pages
8-20-3
Section 8-20-3 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) COERCE. The failure to act in good faith in performing
or complying with any term or provision of the franchise or dealer agreement, except that
recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of
good faith. (2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor
vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract, and pursuant to which the dealer
purchases and resells the franchise product or leases or rents the dealership premises. (3)
DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer,
who sells or distributes motor vehicles to motor vehicle dealers or who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-3.htm - 5K - Match Info - Similar pages
20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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