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8-19-7
Section 8-19-7 Exemptions. Nothing in this chapter shall apply to: (1) Acts done by the publisher,
owner, agent or employee of a newspaper, periodical, radio, or television station or telephone
company in the publication or dissemination of an advertisement, which the owner, agent, or
employee did not have knowledge of the false, misleading or deceptive character of the advertisement;
(2) Any seller of goods or services who meets all the following requirements: a. Has disseminated
advertisement or promotional material from a manufacturer, packer, distributor, or other seller,
from whom he has purchased the goods or services, unless the seller knew the advertisement
or promotional material to be false or misleading; and b. On the request of the Attorney General
or district attorney, provides the name and address of the manufacturer, packer, distributor
or other seller from whom he has purchased the goods or services; and c. On the request of
the Attorney General or district attorney,...
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45-44-242.02
Section 45-44-242.02 Levy of tax; exemption. (a) Notwithstanding any provision of law, there
is levied in addition to any other taxes an additional excise tax on persons selling, distributing,
storing, or withdrawing from storage gasoline and motor fuel in an amount not to exceed two
cents ($0.02) per gallon and may require every distributor, retail dealer, or storer to pay
the excise tax. The additional excise tax imposed pursuant to this part may not be imposed
upon the sale of gasoline or motor fuel used in interstate commerce or any form of fuel such
as propane gas that is sold for lighting, heating, or industrial use. If the additional excise
tax has been paid by a distributor, retail dealer, or storer, the payment shall be sufficient,
the intention being that the tax shall not be paid but once. The additional excise tax shall
apply to persons, retail dealers, or distributors storing gasoline or motor fuel and distributing
or withdrawing from storage, whether the withdrawal is for...
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2-8-291
Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books
and records; injunctions. (a) Any dealer, handler, processor, buyers or other distributors
of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any distributor
of catfish feed who fails or refuses to allow the Commissioner of Agriculture and Industries
or his authorized agents and employees to inspect and review his books and records which disclose
his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the
accuracy of amounts deducted and remitted as required under this...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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34-27-62
Section 34-27-62 Enforcement and implementation of article; acts constituting misdemeanors;
voidability of sales of unregistered plans, etc. (a) The Alabama Real Estate Commission shall
be responsible for the enforcement and implementation of this article, and the Attorney General
of the State of Alabama, or the district attorney of any county of the State of Alabama upon
request by the commission, shall assist the commission in the enforcement of this article
and the prosecution of violations hereunder. The provisions of this article shall not be construed
to limit in any manner the right of any party to bring a private action to enforce the provisions
of this article. In addition to the administrative enforcement of this article by the commission,
the following shall be Class A misdemeanors triable in the courts of Alabama: (1) It shall
be a Class A misdemeanor for any person, natural or legal, while within the borders of the
State of Alabama, to participate in the sale or attempted...
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8-17-213
Section 8-17-213 Requirement that consignee produce permit, etc., prior to delivery, sale,
etc., of fireworks; requirement that purchaser of fireworks obtain proof that seller possesses
permit; keeping of records by permit holders. No person shall deliver, sell or ship fireworks
into or within the State of Alabama unless the consignee produces the required permit or evidence
that the consignee holds said permit. No person shall purchase fireworks from another person
without first requiring proof that the proper permit required of the seller herein has been
obtained and is current and valid. Each holder of a permit under the provisions of this article
shall keep an accurate record of each shipment received. Each holder of a permit as distributor
or wholesaler shall keep a record of each sale, delivery, or out shipment of fireworks. Such
records shall be clear, legible, and accurate, showing the name and address of the seller
or purchaser, item and quantity received or sold. Such records...
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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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13A-6-155
Section 13A-6-155 Mandatory restitution. (a) A person or entity convicted of any violation
of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial,
or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156
applied first to payment of restitution. Restitution under this section shall include items
covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and
any of the following: (1) Costs of medical and psychological treatment, including physical
and occupational therapy and rehabilitation, at the court's discretion. (2) Costs of necessary
transportation, temporary housing, and child care, at the court's discretion. (3) Cost of
the investigation and prosecution, attorney's fees, and other court-related costs such as
victim advocate fees. (4) The greater of a. the value of the human trafficking victim's labor
as guaranteed under the minimum wage and overtime provisions of the Fair Labor...
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2-10-99
Section 2-10-99 Powers of association. An association incorporated under this article shall
have the power to: (1) Contract and be contracted with; (2) Borrow and lend money; (3) Issue
notes, bonds and other obligations and secure the payment of the same by mortgage or otherwise;
(4) Buy, contract for, own, sell, convey, pledge, mortgage and otherwise have, use and dispose
of property of all kinds, insofar as not prohibited by law; (5) Promote and carry out the
purpose of this article to market the agricultural products of its members, cooperatively
in pools or otherwise and collect for the same; (6) Purchase such products from its members;
(7) Advance money upon such products to its members; (8) Act as agents for its members; (9)
Process, condition, pack, store and otherwise safeguard, care for and make ready for market
the agricultural products of its members; (10) Purchase for and distribute to its members
and purchase and sell to its members seed, plants, fertilizers, machinery,...
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2-23-10
Section 2-23-10 Suspension from sale, seizure and condemnation of agricultural liming materials
offered or exposed for sale in violation of chapter, etc. The commissioner may issue and enforce
a written or printed stop sale or suspension from sale, use or removal order to the manufacturer,
owner, distributor or custodian of any lot of agricultural liming materials being held for
sale purposes and to hold such material at a designated place when such agricultural liming
material is being offered or exposed for sale in violation of any of the provisions of this
chapter until the law has been complied with and such agricultural liming material is released
in writing by the commissioner or his authorized agents or such liming material has been otherwise
legally disposed of by written or judicial authority. Any lot or other quantity of agricultural
liming material not in compliance with the provisions and requirements of this chapter or
rules and regulations duly adopted and promulgated...
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