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8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-15.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-13.htm - 1K - Match Info - Similar pages
28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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45-4-244.20
Section 45-4-244.20 County sales tax to parallel state tax; exemptions; collection and disposition
of funds; enforcement. (a) All words, terms, and phrases that are defined in Article 1 of
Chapter 23 of Title 40 shall, where used in this section have the meanings respectively ascribed
to them in Article 1 except where the context herein clearly indicates a different meaning.
In addition, the following words, terms, and phrases where used in this section shall have
the following respective meanings except where the context clearly indicates a different meaning:
(1) STATE SALES TAX STATUTES. Article 1 of Chapter 23 of Title 40, which levies a retail sales
tax for state purposes, and includes all statutes, heretofore enacted, which expressly set
forth any exemptions from the computation of the tax levied in Article 1 and all other statutes
heretofore enacted which expressly apply to, or purport to affect, the administration of Article
1 and the incidence and collection of the tax imposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-244.20.htm - 14K - Match Info - Similar pages
28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-190.htm - 43K - Match Info - Similar pages
40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-7-25.1.htm - 24K - Match Info - Similar pages
28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-8.htm - 4K - Match Info - Similar pages
45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates any provision of this part shall be liable for all actual damages and all court
costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as
a result of that violation. A wholesaler that violates any provision of this part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.11.htm - 3K - Match Info - Similar pages
45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.12.htm - 3K - Match Info - Similar pages
45-49-23.10
Section 45-49-23.10 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that
violation. A wholesaler that violates this part shall be liable for all actual damages and
all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier
as a result of that violation. (c) This part imposes upon a supplier...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.10.htm - 3K - Match Info - Similar pages
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