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41-10-239
Section 41-10-239 Property rights not to be affected by article; sections imposing licensing
requirements, taxes, etc., are void if such requirements not otherwise imposed. It is the
intent of this article that it shall not restrict or impair the real, personal or mixed property
in which any individual person, industry, business, utility, industrial development board
or similar board or authority, public or private corporation or the Alabama State Port Authority
has any legal, equitable, absolute or conditional right, title or interest, whether by fee
simple, leasehold, easement, possession, contract, license, permit or any other form of ownership
or other rights thereto whatsoever or any existing or future rights of way required by the
State of Alabama Department of Transportation for the construction of Interstate Route I-210
and the construction of the new Cochrane Bridge and its roadway approaches and any future
connections to or between these two highway facilities. In the event...
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40-18-86
Section 40-18-86 Sale or transfer of real property and associated tangible property by nonresidents.
(a) As used in this section, the term nonresident of Alabama shall include individuals, trusts,
partnerships, corporations, and unincorporated organizations. Any seller or transferor who
meets all of the following conditions and who provides the buyer or transferee with an affidavit
signed under oath swearing or affirming that all of the following conditions are met will
be deemed a resident for purposes of this section: (1) The seller or transferor has filed
Alabama income tax returns or appropriate extensions have been received for the two income
tax years immediately preceding the year of sale. (2) The seller or transferor is in business
in Alabama and will continue substantially the same business in Alabama after the sale or
the seller or transferor has real property remaining in the state at the time of closing of
equal or greater value than the withholding tax liability as...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) GROSS RECEIPTS.
The value proceeding or accruing from the furnishing of utility services, all receipts actual
and accrued, without any deduction on account of the cost of the utility services sold, the
cost of the materials used, labor or service cost, interest paid, or any other expense whatever,
and without any deductions on account of losses. (5) GROSS SALES. The value proceeding or
accruing from the furnishing of utility services, and including the proceeds from the sale
of any utility services handled on consignment by the taxpayer,...
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8-17-211
Section 8-17-211 Permit for manufacture, sale, etc., of fireworks or pyrotechnics for use before
a proximate audience; record of sales; enforcement. (a) It shall be unlawful for any person
to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State
of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before
a proximate audience, without first having secured the required applicable permit, as a manufacturer,
distributor, wholesaler, retailer, or seasonal retailer, from the State Fire Marshal. Possession
of a permit is a condition prerequisite to manufacturing, selling, or offering for sale, or
shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate
audience into or within the State of Alabama, except as herein provided. This provision applies
to nonresidents as well as residents of the State of Alabama. Mail orders where consumers
purchase any fireworks or pyrotechnics for use before a...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
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9-17-105
Section 9-17-105 Permits; LP-Gas Recovery Fund; proof of insurance; surety bond; Liquefied
Petroleum Gas Board Personal Bond Fund; change of name. (a) The board may issue permits to
any person, who is a citizen of the United States or, if not a citizen of the United States,
is legally present in the United States with appropriate documentation from the federal government,
to engage in or continue the business of selling, distributing, storing, or transporting liquefied
petroleum gases and to engage in or continue the business of installing, servicing, repairing,
removing, or adjusting liquefied petroleum gas containers, tanks, or systems or to perform
magnetic, hydrostatic, visual, or X-ray inspections of liquefied petroleum gas storage containers,
cargo tanks, motor fuel containers, and cylinders in the State of Alabama; and to prescribe
the requirements of any person to obtain the permits. The board may revoke any permit issued,
for cause, in the opinion of the board. (b) The permits...
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2-26-5
Section 2-26-5 Annual permit fees. (a) Every person who sells, offers for sale, exposes for
sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree,
shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such
seed in the State of Alabama shall, before selling or offering such seed for sale or distributing
or soliciting orders for the sale of such seed and on or before January 1 of each year secure
an annual permit from the Commissioner of Agriculture and Industries to engage in such business.
Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed
by the commissioner, and such permit shall be issued upon the payment of the following permit
fees when the application is in proper form: (1) For each person engaged in selling seed at
retail in closed containers or packets of eight ounces or less displayed on a supplemental
container display, a permit fee established by the Board of...
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34-27-51
Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license; failure
to provide certain documents at time of registration; failure to follow rules of advertising.
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions
unless the seller has been duly licensed under the provisions of Section 34-27-66 and unless
the vacation time-sharing plan and the units thereby affected have first been registered with
the commission. Provided, however, that the registration requirements of this article shall
not apply to nor restrict the listing and resale of any vacation time-sharing plan when: a.
The vacation time-sharing plan to be resold is within an existing time-sharing facility currently
registered with the commission pursuant to the requirements of this article; and b. The vacation
time-sharing plan to be resold is subject to the identical...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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