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13A-9-41
Section 13A-9-41 Deceptive business practices. (a) A person commits the crime of deceptive
business practices if in the course of engaging in a business, occupation, or profession,
he: (1) Uses or possesses for use a false weight or measure, or any other device for falsely
determining or recording any quality or quantity; or (2) Sells, offers or exposes for sale,
or delivers, less than the represented quantity of any commodity or service; or (3) Takes
or attempts to take more than the represented quantity of any commodity or service when as
buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated
commodities; or (5) Sells, offers or exposes for sale mislabeled commodities. (b) It shall
be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) "Adulterated" means varying from the standard of composition...
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34-4-21
Section 34-4-21 Application and examination; fees; expiration, renewal of licenses; continuing
education; discharge of apprentice; change of address. (a) Any person desiring to enter into
the auction business and obtain a license as an auctioneer or apprentice auctioneer shall
make written application for a license to the board. Each application shall be accompanied
by an examination fee of an amount not to exceed one hundred dollars ($100) which shall be
collected from each applicant to defray the expenses of the examination. The application shall
be submitted on forms prepared and furnished by the board. (b) Each applicant for a license
as an auctioneer shall be 19 years of age or over, and each applicant for a license as an
apprentice auctioneer shall be 18 years of age or over and shall be a citizen of the United
States or legally present in this state. Each applicant for an auctioneer's license shall:
(1) have completed a prescribed course of study at an accredited auctioneering...
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45-49-151.07
Section 45-49-151.07 Racing days - Requirements; broadcast races. (a) Any person, association,
or corporation desiring to operate a racetrack in the county shall hold and conduct one or
more race meetings at the track each year, but no license shall be granted to any person,
association, or corporation, or to any track for a period longer than 312 racing days in any
one year. (b)(1) Any licensee conducting race meetings under this subpart may: a. Receive
broadcasts of horse races and dog races conducted outside of Mobile County, and allow all
forms of pari-mutuel wagering on those races. The gross proceeds retained by the licensee
on all wagering by patrons on horse races or dog races received under this section shall be
subject to a commission of two percent to be paid by the licensee to the racing commission.
b. Transmit broadcasts of dog races to tracks located outside of Mobile County and to other
authorized facilities located outside of the State of Alabama. The gross proceeds...
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8-12-6
Section 8-12-6 Definitions. As used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. The
person filing an application for registration of a mark under this article and the person's
legal representative, successors, or assigns. (2) DILUTION. Dilution by blurring or dilution
by tarnishment, regardless of the presence or absence of: a. Competition between the owner
of the famous mark and other parties, or b. Actual or likely confusion, mistake, or deception,
or c. Actual economic injury. (3) DILUTION BY BLURRING. The association arising from the similarity
between a mark and a famous mark that impairs the distinctiveness of the famous mark. (4)
DILUTION BY TARNISHMENT. The association arising from the similarity between a mark and a
famous mark that harms the reputation of the famous mark. (5) MARK. Any trade name, trademark,
or service mark entitled to registration under this article...
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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section 8-6-11; or c.
Effecting transactions with existing employees, partners, or directors of the issuer if no
commission or other remuneration is paid or given directly or indirectly for soliciting any
person in this state. A partner, officer, or director of a dealer or issuer is an agent if
he otherwise comes within this definition. (3) DEALER. Any person engaged in the...
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11-98-1
Section 11-98-1 Definitions. (a) As used in this chapter, the following words and terms have
the following meanings, unless the context clearly indicates otherwise: (1) AUTOMATIC NUMBER
IDENTIFICATION. An enhanced 911 service capability that enables the automatic display of the
10-digit telephone number used to place a 911 call. The term includes pseudo-automatic number
identification, which means an enhanced 911 service capability that enables identification
of the subscriber. (2) CMRS. Commercial mobile radio service under Sections 3(27) and 332(d)
of the Federal Telecommunications Act of 1996, 47 U.S.C. ยง151 et seq., and Omnibus Budget
Reconciliation Act of 1993, Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312. The term includes
the term wireless and service provider by any wireless real time two-way voice communication
device, including radio-telephone communications used in cellular telephone service, personal
communication service, or the functional or competitive equivalent of a...
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13A-9-14.1
Section 13A-9-14.1 Fraud by persons authorized to provide goods and services; definitions.
(a) Definitions. - For purposes of this section, the following terms shall have the meanings
ascribed by this subsection: (1) ACQUIRER. A business organization including without limitation
a merchant, financial institution, or an agent of a business organization or financial institution
that authorizes a merchant to accept payment by credit card for money, goods, services, or
anything else of value. (2) CARDHOLDER. The person or organization named on the face of a
credit card to whom or for whose benefit the credit card is issued by an issuer. (3) CREDIT
CARD TRANSACTION RECORD. Credit card slips, electronically recorded information or other documentation
or evidence evidencing a transaction involving a credit card. (4) CREDIT CARD. Any instrument
or device, whether known as a credit card, credit plate, bank service card, banking card,
check guarantee card, or debit card or by any other name,...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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40-23-68
Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f),
the tax imposed by this article shall be due and payable to the department monthly on or before
the 20th day of the month next succeeding each month during which the storage, use, or other
consumption of tangible personal property became taxable hereunder. (b) Every seller or person
engaged in making retail sales of tangible personal property for storage, use, or other consumption
in this state, who alternatively: (1) Maintains, occupies, or uses, permanently or temporarily,
directly or indirectly, or through a subsidiary, or agent by whatever name called, an office,
place of distribution, sales, or sample room or place, warehouse or storage place, or other
place of business; (2) Qualifies to do business or registers with the state to collect the
tax levied by this chapter; (3) Employs or retains under contract any representative, agent,
salesman, canvasser, solicitor, or installer operating in...
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