Code of Alabama

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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
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8-39-4
Section 8-39-4 Refund or replacement for assistive device with a non comformity. (a) If the
manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available
for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually
repaired, the manufacturer shall be required to provide a refund or replacement of the device,
whichever is requested by the consumer or the agency, as follows: (1) If the consumer or the
agency requests a refund for a device that was purchased, the manufacturer shall refund to
the consumer and to any holder of a perfected security interest in the assistive device of
the consumer, as their interest may appear, the full purchase price plus any finance charge
or sales tax paid by the consumer at the point of sale and any collateral costs incurred by
the consumer, less a reasonable allowance for use. When the manufacturer provides the refund,
the consumer or the agency shall return the assistive device having the...
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9-11-153
Section 9-11-153 Wholesale and retail freshwater nongame fish dealers' licenses; commercial
paddlefish dealer's license. (a) Every person, firm, association, or corporation engaged in
the buying, selling, or handling of freshwater nongame fish for the purpose of resale, whether
handled on a commission basis or otherwise, and every person, firm, association, or corporation
shipping freshwater nongame fish out of the State of Alabama on consignment or order shall
be considered a wholesale dealer of freshwater nongame fish, and shall be required to pay
a license of $25.00 per annum. Any person, firm, association, or corporation handling freshwater
nongame, uncooked fish strictly at retail to the consumer shall be considered a retailer and
must purchase a license and pay $10.00 per annum for the same. The revenue to be derived from
such licenses shall be covered into the State Treasury to the credit of the Game and Fish
Fund of the Department of Conservation and Natural Resources....
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9-12-82
Section 9-12-82 License required for taking of oysters for commercial purposes; penalty; aquaculture
license; disposition of funds. (a) Before any person engages in the taking or catching of
oysters from the waters or bottoms of the State of Alabama, the person shall first purchase
an annual oyster catcher license. The license shall expire annually on September 30 and shall
be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes,
from waters opened to commercial oystering, not more than 100 oysters per day without purchasing
an oyster catcher license. (b) Before any oyster aquaculture site or facility permitted by
the state Department of Public Health engages in the taking of oysters from the waters or
bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster
aquaculture license. The license shall allow employees of the aquaculture facility to engage
in harvesting and sorting of oysters or to conduct other...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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9-2-150
Section 9-2-150 Shellfish Aquaculture Review Board; oyster aquaculture leasing program. (a)
For purposes of this section, the following words shall have the following meanings: (1) BOARD.
The Shellfish Aquaculture Review Board. (2) DEPARTMENT. The Department of Conservation and
Natural Resources. (3) OYSTER AQUACULTURE. The cultivation and harvesting of hatchery-spawned
oysters for commercial purposes. (b) There is created the Shellfish Aquaculture Review Board,
which shall be responsible for developing a shellfish aquaculture policy and implementing
a sustainable program for leasing land in the coastal waters of Alabama for oyster aquaculture.
For administrative purposes, the board shall be an administrative unit within the department.
(c) The board shall consist of the following members: (1) The Commissioner of the Alabama
Department of Conservation and Natural Resources or his or her designee. (2) The Commissioner
of the Alabama Department of Agriculture and Industries or his or her...
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40-23-210
Section 40-23-210 Definitions. As used in this article, the term "covered items"
means the following: (1) Articles of clothing with a sales price of one hundred dollars ($100),
or less, per article of clothing. a. "Clothing" means all human wearing apparel
suitable for general use including sandals, shoes, and sneakers. Clothing shall not include:
1. Belt buckles sold separately. 2. Costume masks sold separately. 3. Patches and emblems
sold separately. 4. Sewing equipment and supplies including, but not limited to, knitting
needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles.
5. Sewing materials that become part of "clothing" including, but not limited to,
buttons, fabric, lace, thread, yarn, and zippers. b. In addition, clothing shall not include
clothing accessories or equipment, protective equipment, or sport or recreational equipment;
as defined herein. 1. "Clothing accessories or equipment" means incidental items
worn on the person or in...
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40-29-121
Section 40-29-121 Automated sales suppression devices or phantom-ware. (a) For purposes of
this section, the following terms have the following meanings: (1) AUTOMATED SALES SUPPRESSION
DEVICE. A software program carried on a memory stick or removable compact disc, accessed through
an Internet link, or by any other means, that falsifies the electronic records of electronic
cash registers and other point-of-sale systems, including, but not limited to, transaction
data and transaction reports. (2) ELECTRONIC CASH REGISTER. A device that keeps a register
or supporting documents through the use of an electronic device or computer system designed
to record transaction data for the purpose of computing, compiling, or processing retail sales
and other transaction data. (3) PHANTOM-WARE. Any hidden or concealed programming option embedded
in the operating system of an electronic cash register or hardwired into the electronic cash
register that can be used to create a second set of records or...
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9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used in
this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial
record attached to a check, included with a check, or mailed separately at or near the time
the check is mailed. (2) DIVISION ORDER. A contract between the interest owner and the purchaser,
operator, or the owner of the right to drill and to produce, directing the distribution of
the value from the sale of the oil, gas, and other liquid hydrocarbons in the proportions
set out in the division order, which division order is prepared by the purchaser, operator,
and/or the owner of the right to drill and to produce on the basis of the ownership shown
in a title opinion prepared after examination of abstracts or based on other generally acceptable
legal ownership documentation and which is executed by the interest owners or others having
an interest in the production. (3) INTEREST OWNER. A person owning...
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13A-12-3.8
Section 13A-12-3.8 Permit requirements; violations. (a) No person may conduct a delivery sale
of electronic nicotine delivery systems or alternative nicotine products unless the seller
has obtained a valid permit to conduct delivery sales of electronic nicotine delivery systems
or alternative nicotine products issued by the board pursuant to Section 28-11-4. (b) No person
may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine
products to a person under the legal minimum age. (c) A person holding a permit to conduct
delivery sales of electronic nicotine delivery systems or alternative nicotine products may
not accept a purchase or order from any person without first obtaining the full name, birth
date, and residential address of that person and verifying this information through an independently
operated third-party database or aggregate of databases, which includes data from government
sources, that are regularly used by government and businesses...
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