Code of Alabama

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40-12-395
Section 40-12-395 License - Supplemental licenses; off-site sales. (a) A person licensed under
this article shall obtain a supplemental license for each additional place of business, in
a manner as prescribed by the commissioner and upon payment of an additional application fee
of five dollars ($5) for each additional location. The signage and other requirements of Section
40-12-392 shall apply to each additional place of business. Only one licensed dealer shall
operate at the same place of business. (b) Notwithstanding the requirement that sales of new
and used motor vehicles shall be made only from the permanent location of the new or used
motor vehicle dealer, such dealers may conduct sales of new and used motor vehicles from locations
off-site of their permanent locations on the following conditions: (1) The off-site sales
events shall not exceed three per dealer per license year with each sale not to exceed 10
consecutive calendar days in duration. Off-site sales of new motor...
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40-12-390
Section 40-12-390 Definitions. The following words and phrases, when used in this article,
shall have the following meanings: (1) COMMISSIONER. The state Commissioner of Revenue. (2)
DEPARTMENT. The Department of Revenue. (3) DISTRIBUTOR. Any person engaged in the business
of selling or distributing new motor vehicles to new motor vehicle dealers. (4) FACILITATOR.
Any person or his or her designee who facilitates an off-site sale licensed under Section
40-12-395. The term may include the owner of the property where the off-site sale is being
conducted. (5) MANUFACTURER. Any person engaged in the business of manufacturing or assembling
new and unused motor vehicles. (6) MASTER DEALER LICENSE. The license issued by the department
pursuant to this article. (7) MOTOR VEHICLE. Any motor vehicle as defined in Section 40-12-240,
but the term shall not include any trailer not required to have a certificate of title. (8)
MOTOR VEHICLE REBUILDER. Any person engaged in the business of making or...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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40-12-392
Section 40-12-392 License - Applications; inspection of records; restrictions on sales; liability
insurance. (a) The application for a master dealer license shall be in such form and shall
be subject to such rules as may be prescribed by the commissioner. An application shall be
verified by the oath or affirmation of the applicant. If the applicant is a sole proprietorship,
the application shall contain the name and residence of the applicant. If the applicant is
a partnership, the application shall contain the names and residences of each partner. If
the applicant is a corporation, the application shall contain the names and residences of
the officers and directors. If the applicant is a new motor vehicle dealer, or used motor
vehicle dealer in this state, the application shall contain the state sales tax number assigned
to the applicant. The application shall enumerate the number of new and used vehicles sold
during the previous calendar year; describe the exact location of the place...
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45-13-120
Section 45-13-120 Compensation; election; oath and bond; office space, equipment; chief clerk;
powers and duties; issuance of licenses; disposition of funds. (a)(1) Effective October 1,
1991, there is hereby created the office of commissioner of licenses. The salary of the commissioner
of licenses shall be in the amount of thirty-six thousand dollars ($36,000) annually. The
annual salary shall be payable in equal biweekly installments from the general funds of the
county, as all other county employees are paid. (2) The office of commissioner of licenses
shall be established upon the occurrence of a vacancy before October 1, 1991, in either the
office of tax assessor or tax collector, then, in that event, the officer remaining after
the office of revenue commissioner is established, shall be the license commissioner for the
remainder of the unexpired term for which he or she was elected as either tax assessor or
as tax collector, as the case may be, and the license commissioner shall be...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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40-12-398
Section 40-12-398 Bond prerequisite to issuance of license. Before any master dealer license
may be issued to a new motor vehicle dealer, used motor vehicle dealer, motor vehicle rebuilder,
or motor vehicle wholesaler, the applicant shall deliver to the commissioner a good and sufficient
surety bond, executed by the applicant as principal and by a corporate surety company qualified
to do business in the state as surety, in the sum of not less than fifty thousand dollars
($50,000) or an amount as prescribed by the department. Such bond shall be in a form to be
approved by the commissioner, and shall be conditioned that the motor vehicle dealer, motor
vehicle rebuilder, or motor vehicle wholesaler shall comply with the conditions of any contract
made by such dealer in connection with the sale or exchange of any motor vehicle and shall
not violate any of the provisions of law relating to the conduct of the business for which
he or she is licensed. Such bond shall be payable to the...
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27-7-5.1
Section 27-7-5.1 Licenses - Limited license for motor vehicle rental companies. (a) As used
in this section, the following terms shall have the following meanings: (1) RENTAL AGREEMENT.
Any written agreement setting forth the terms and conditions governing the use of a vehicle
provided by the rental company for rental or lease. (2) RENTAL COMPANY. Any person or entity
in the business of providing rental vehicles to the public under a rental agreement for a
period not to exceed 90 days. (3) RENTAL PERIOD. The term of the rental agreement. (4) RENTER.
Any person obtaining the use of a vehicle from a rental company under the terms of a rental
agreement for a period not to exceed 90 days. (5) VEHICLE OR RENTAL VEHICLE. A motor vehicle
of the private passenger type (including passenger vans, minivans, and sport utility vehicles)
and of the cargo type (including cargo vans, pickup trucks, and trucks with gross vehicle
weight of less than 26,000 pounds, which do not require the operator to...
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40-12-446
Section 40-12-446 License required; application; recordkeeping. (a) A person may not engage
in the business of a motor vehicle wholesale auction unless the person is licensed under this
article by the department. (b) A person desiring to engage in the business of a motor vehicle
wholesale auction shall apply to the department on a form prescribed by the department. The
form shall contain all of the following: (1) The legal name of the applicant. (2) The street
address of the applicant's principal place of business. (3) The street address of the applicant's
headquarters, if different from the applicant's principal place of business. (4) Any additional
information as may be required by the department. (c) A motor vehicle wholesale auction shall
be required to maintain books, records, and files that shall be accessible and available for
inspection by the department during normal business hours on usual business days. The department,
by rule, shall establish electronic reporting...
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32-8-88
Section 32-8-88 Motor vehicle theft facility prohibited; definitions; seizure and forfeiture
of property; disposition of proceeds of forfeiture sale. (a) For the purposes of this section,
the following definitions shall apply: (1) A theft facility means any area, building, storage
lot, field, or any other premises or place where one or more persons are engaged in altering,
dismantling, reassembling or in any way concealing or disguising the identity of a stolen
motor vehicle; or any area, building storage lot, field, or any other premises or place where
there are three or more stolen motor vehicles present or where there are component parts from
three or more stolen vehicles present. (2) For the purpose of this section, "major component
part" means one of the following sub-assemblies of a motor vehicle regardless of its
actual market value; front end assembly, including fenders, grill, hood, bumper and related
parts; engine; transmission; T-Tops; rear clip assembly, including quarter...
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