Code of Alabama

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28-11-4
Section 28-11-4 Purpose of rules. Pursuant to its rulemaking authority, the board shall adopt
rules that have the full force and effect of law, for purposes of the following: (1) Establishing
permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems,
and alternative nicotine products. (2) Preventing the distribution of tobacco, tobacco products,
electronic nicotine delivery systems, and alternative nicotine products to minors. (3) Conducting
annual random compliance tests to assure compliance with applicable state and federal laws
and guidelines regarding the distribution of tobacco, tobacco products, electronic nicotine
delivery systems, and alternative nicotine products. The tests involving any person or location
engaged in the distribution of tobacco may utilize minors. (Acts 1997, No. 97-423, p. 721,
§4; Act 2019-233, §2.)...
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28-11-11
Section 28-11-11 Annual report. The board shall issue an annual report to the Governor, the
Legislature, and the Attorney General concerning compliance by state retail merchants with
this chapter. The report shall contain all of the following: (1) The total number of retail
distributors of tobacco, tobacco products, electronic nicotine delivery systems, and alternative
nicotine products categorized by type of retail outlet. (2) The number of citations reported
to the board, categorized by type of retail outlet. (3) The total number of successful compliance
checks, categorized by type of retail outlet. (4) The extent and nature of organized educational
and government activities intended to promote, encourage, or otherwise secure compliance with
state and federal laws prohibiting the sale or distribution of tobacco products to minors.
(5) Information as to the level of access and availability of tobacco products to minors.
(6) Noted impediments to implementation of this chapter, as well...
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28-11-9
Section 28-11-9 Suspension or revocation of permit; hearing commission; fines. (a) Subject
to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have
full and final authority as to the suspension or revocation for cause of any permit issued
pursuant to this chapter. (1) The board may appoint a hearing commission of at least three
persons which may do all of the following: a. Hear and decide all contested applications for
permits. b. Hear and decide all charges against any permit holder or employee of a permit
holder for violations of this chapter, the law, or the rules of the board. c. Revoke or suspend
permits as provided in this chapter. d. Levy administrative fines upon permit holders or employees
of permit holders. (2) No member of the hearing commission shall participate in the hearing
or disposition of any application for a permit or charge against a permit holder or an employee
of a permit holder if he or she has an interest therein or was involved...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle decals;
determination of gross receipts; construction with other provisions. (a) Every taxpayer required
to purchase a business license under this chapter shall: (1) Purchase a business license for
each location at which it does business in the municipality, except as otherwise provided
by the municipality. (2) Except as provided in Section 11-51-193, with respect to taxpayers
subject to state licensing board oversight, be classified into one or more of the following
2002 North American Industrial Classification System ("NAICS") sectors and applicable
sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR NAICS TITLE
SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR LICENSE CALCULATION
111 Crop Production Agriculture, farming, nursery, fruit, growers Gross Receipts and/or Flat
Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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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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28-11-14
Section 28-11-14 Fines for unlawful possession of contraband. Any tobacco or tobacco product
or false proof of identification found in the possession of a minor is contraband and subject
to seizure by law enforcement. Any minor violating Section 28-11-13 shall be issued a citation
similar to a uniform nontraffic citation and shall be fined not less than ten dollars ($10)
nor more than fifty dollars ($50) for each violation. The minor shall not be required to pay
any other court costs or fees. Any statute or law to the contrary notwithstanding, disposition
of any violation shall be within the jurisdiction of the district or municipal court and not
the juvenile court. Violations shall not be considered criminal offenses and shall be administratively
adjudicated by the district or municipal court. (Acts 1997, No. 97-423, p. 721, §14; Act
2009-578, p. 1697, §1.)...
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28-11-18
Section 28-11-18 Child-resistant packaging; warning signs. (a) All liquid nicotine containers
offered for sale that are intended to be vaporized in an electronic nicotine delivery system
shall be contained in child-resistant packaging. (b) A specialty retailer of electronic nicotine
delivery systems shall display in a prominent area of the retail store near the point of sale
a sign which contains the following statements: (1) "THE USE OF SOME VAPING DEVICES MAY
INCREASE YOUR RISK OF EXPOSURE TO POTENTIALLY TOXIC LEVELS OF HEAVY METALS SUCH AS LEAD, CHROMIUM,
AND NICKEL." (2) "WARNING: PRODUCTS OFFERED FOR SALE IN THIS STORE CONTAIN NICOTINE
UNLESS OTHERWISE MARKED. NICOTINE IS A HIGHLY ADDICTIVE CHEMICAL WHICH CAN HARM BRAIN DEVELOPMENT
IN CHILDREN AND ADOLESCENTS AND WHICH POSES SERIOUS HEALTH RISKS TO PREGNANT WOMEN AND THEIR
BABIES." (Act 2019-233, §3.)...
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8-17-80
Section 8-17-80 Definitions. (a) The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (2) BIODIESEL FUEL.
Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural
products or animal fats, or the wastes of such products or fats, and is advertised as, offered
for sale as, suitable for use as, or used as motor fuel in a diesel engine. (3) BLENDED FUEL.
A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor
fuel in a highway vehicle. (4) BOARD. The Alabama Board of Agriculture and Industries. (5)
BRAND. The trade name or other designation under which a particular petroleum product is sold,
offered for sale, or otherwise identified. (6) BULK...
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