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28-11-19
Section 28-11-19 Limitations on location of retail businesses. (a) Beginning January 1, 2020,
a county may not issue a license to conduct business as a specialty retailer of electronic
nicotine delivery systems if the retail business is located within 1,000 feet of any of the
following: (1) A public or private K-12 school. (2) A licensed child-care facility or preschool.
(3) A church. (4) A public library. (5) A public playground. (6) A public park. (7) A youth
center or other space used primarily for youth-oriented activities. (b) This section does
not apply to a specialty retailer of electronic nicotine delivery systems that obtained a
business license at a location prohibited in subsection (a) prior to January 1, 2020, that
has conducted business as a specialty retailer of electronic nicotine delivery systems at
that location for at least 18 consecutive months, and that remains in the same location. (Act
2019-233, §3.)...
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28-11-2
Section 28-11-2 Definitions. For purposes of this chapter, the following terms have the following
meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE PRODUCT.
The term alternative nicotine product includes any product that consists of or contains nicotine
that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting,
sniffing, or by any other means. The term does not include a tobacco product, electronic nicotine
delivery system, or any product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for other medical purposes and that
is being marketed and sold solely for that purpose. (2) BOARD. The Alabama Alcoholic Beverage
Control Board. (3) CHILD-RESISTANT PACKAGING. Liquid nicotine container packaging meeting
the requirements of 15 U.S.C. §1472a. (4) DISTRIBUTION. To sell, barter, exchange, or give
tobacco or tobacco products for promotional purposes or...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-4.htm - 34K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-18.htm - 1K - Match Info - Similar pages
28-11-8
Section 28-11-8 Failure to obtain or display permit. (a) It shall be unlawful for any person
to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate
permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining
and displaying a valid permit by January 1, 1998, shall result in issuance of a warning citation.
The board shall conduct an information and education campaign by its Responsible Vendor Program
to inform distributors of tobacco products at retail or in vending machines or self-service
displays of the requirements of this law. Failure to obtain or display a valid permit pursuant
to this chapter after January 1, 1998, shall constitute a misdemeanor offense. (b) It shall
be unlawful for any person to sell or offer for sale electronic nicotine delivery systems
or alternative nicotine products without first obtaining the appropriate permit from the board.
Failure to obtain or display a valid permit by October...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-8.htm - 2K - Match Info - Similar pages
11-51-90
Section 11-51-90 Municipal business licenses; branch offices; application. (a) All municipalities
shall have the following powers: (1) To license any exhibition, trade, business, vocation,
occupation, or profession not prohibited by the Constitution or laws of the state which may
be engaged in or carried on in the municipality. (2) To fix the amount of licenses, the time
for which they are to run, not exceeding one license year, to provide a penalty for doing
business without a license, and to charge a fee not exceeding ten dollars ($10) for issuing
each license. The issuance fee shall be increased every five license years by the Department
of Revenue by an amount equal to the percentage increase, if any, in the U.S. Department of
Labor's Producer Price Index during that five-year period, rounded to the nearest dollar,
with the base year being 2006. The Department of Revenue shall notify all municipalities and
the Alabama League of Municipalities of any such fee increase no later than...
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28-11-7
Section 28-11-7 Distribution permits. (a) Any person who distributes tobacco, tobacco products,
electronic nicotine delivery systems, or alternative nicotine products within this state shall
first obtain a permit from the board for each location of distribution. There is no fee for
the permit. (b) Any person who maintains a tobacco, tobacco product, electronic nicotine delivery
system, or alternative nicotine product vending machine on his or her property in this state
shall first obtain a permit from the board for each machine at each machine location. The
permit for each machine shall be posted in a conspicuous place on the machine. (c) A permit
shall be valid only for the location specified in the permit application. (d) A permit is
not transferable or assignable and shall be renewed annually. Notwithstanding the foregoing,
if a location for which a permit is obtained is sold or transferred, the permit shall be transferred
to the person obtaining control of the location and shall be...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-11.htm - 1K - Match Info - Similar pages
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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