45-32-150.05
Section 45-32-150.05 Duties of commission. It shall be the duty of the county racing commission
to carry out this part; and it shall have the following specific duties: (1) To fix and set
dates upon which race meetings may be held or operated. (2) To make an annual report to the
county commission of its operation, showing its own actions and rulings, and receipts derived
under this part, and such suggestions as it may deem proper for the more effective accomplishment
of the purpose of this part. (3) To require each applicant, who shall have been a resident
of the State of Alabama for at least five years immediately preceding the date the license
is issued, to set forth on his or her application for a license to operate a race meeting
the following information: a. The full name of the person, association, or corporation and
if a corporation, the name of the state under which the same is incorporated, and the name
of the corporation's agents for service of process within the State of...
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40-12-310
Section 40-12-310 "Store" defined; construction. The term "store" as used
in this article shall be construed to mean and include any store or stores or any mercantile
establishment or establishments which are owned, operated, maintained, controlled or for which
the buying is done by the same person, firm, corporation, copartnership, or association, either
domestic or foreign, in which goods, wares or merchandise of any kind are sold, either at
retail or wholesale. The term "store" as used in this article shall not be construed
to mean or include any place of business at which the principal business conducted is that
of selling or distributing petroleum products or ice, where the amount kept in any store is
less than 4,000 pounds at any one time. Two or more stores or mercantile establishments shall,
for the purpose of this article, be treated as being under a single or common ownership, supervision
or management if directly or indirectly owned or controlled by a single person or any...
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16-60-82
Section 16-60-82 Legislative findings of fact and declaration of intent. The Legislature hereby
makes the following findings of fact and declares its intent to be as follows: The number
of students enrolled in trade schools and colleges supported wholly or in part by the state
has increased greatly during recent years. Further increases in enrollment are anticipated
because of the increased rate of births, the increased need for skilled workers and other
factors. In order to meet these needs and to provide residents of this state with the opportunity
to receive adequate instruction in the arts and sciences and in useful skills and trades,
it is imperative that junior colleges and additional trade schools be constructed, equipped
and operated. The tax revenues and other funds currently available for trade schools and junior
colleges are not sufficient to permit immediate outlays of the large amounts of capital necessary
for such construction and equipment and at the same time to permit...
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11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under this chapter,
whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel
wagering thereon, shall be for an initial period of 20 years, but shall be subject to renewal
as provided in this section. A commission shall have no power to modify the terms of an operator's
license, once issued, without the prior written consent of the holder of such license. An
operator's license shall be reviewed annually, but such license shall be revocable by the
commission only if the holder thereof shall not be in compliance with the provisions of this
chapter or the valid rules, regulations and orders of the commission and such noncompliance
shall have continued for 60 days after written notice shall be given to such holder by the
commission stating the circumstances of noncompliance and demanding corrective action. (b)
A commission issuing an operator's license shall state therein...
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45-44-150.05
Section 45-44-150.05 Duties of commission. It shall be the duty of the racing commission to
carry out this part; and it shall have the following specific duties: (1) To fix and set dates
upon which race meetings may be held or operated. (2) To make an annual report to the county
governing body of its operation, showing its own actions and rulings, and receipts derived
under this part, and such suggestions as it may deem proper for the more effective accomplishment
of the purposes of this part. (3) To require each applicant to: a. If an individual, group
of individuals, or partnership, each individual or partner shall be a resident of the State
of Alabama for at least five years immediately preceding the date of the license issued. b.
If a corporation, each incorporator, stockholder, director, and officer shall be a resident
of the State of Alabama for at least five years immediately preceding the date of the license
issued. c. Set forth on such application for a license the following...
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11-65-34
Section 11-65-34 Horse breeding fund. Each commission shall establish a special fund to promote
the breeding, raising, and racing of horses in the state, which shall be known as "The
___ [name of the sponsoring municipality] Racing Commission Breeding and Development Fund."
Each horse racing operator shall pay to its licensing commission a breeding fund fee for each
month during which it conducts any horse racing events. For each horse racing operator, the
breeding fund fee for any month shall be an amount equal to one-half of one percent [or, in
the case of any such fee referable to any month during the period of three years immediately
following such operator's receipt of an operator's license, one-quarter of one percent] of
the horse racing handle for such operator for such month. The breeding fund fee payable by
a horse racing operator for a given month shall be paid to the treasurer of the commission
licensing such operator before the end of the succeeding month. All breeding...
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7-1-303
Section 7-1-303 Course of performance, course of dealing, and usage of trade. (a) A "course
of performance" is a sequence of conduct between the parties to a particular transaction
that exists if: (1) The agreement of the parties with respect to the transaction involves
repeated occasions for performance by a party; and (2) The other party, with knowledge of
the nature of the performance and opportunity for objection to it, accepts the performance
or acquiesces in it without objection. (b) A "course of dealing" is a sequence of
conduct concerning previous transactions between the parties to a particular transaction that
is fairly to be regarded as establishing a common basis of understanding for interpreting
their expressions and other conduct. (c) A "usage of trade" is any practice or method
of dealing having such regularity of observance in a place, vocation, or trade as to justify
an expectation that it will be observed with respect to the transaction in question. The existence
and...
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11-65-22
Section 11-65-22 Acquisition of interest in horse racing facility licensee or operator. (a)
A disqualified person may not acquire or hold an interest in a horse racing facility licensee
or an operator. A commission may require that a disqualified person dispose of its interest
in a horse racing facility licensee or an operator within a reasonable period of time provided
that (i) the commission shall determine at a hearing that the owner of such interest is a
disqualified person and (ii) the person who is alleged to be a disqualified person shall receive
notice of and an opportunity to be heard at such hearing. Any person aggrieved by an action
of a commission pursuant to this section may appeal to the circuit court of the host county
pursuant to Section 11-65-12. (b) Any person desiring to acquire stock in, a partnership or
other ownership interest in, or to become an owner or member of, any entity which holds a
horse racing facility license or an operator's license hereunder who,...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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11-65-28
Section 11-65-28 Pari-mutuel wagering. (a) Pari-mutuel wagering conducted by an operator shall
be conducted in accordance with the provisions of this section. An operator shall provide
a place or places at the racing facility operated by it at which such operator shall conduct
a pari-mutuel system of wagering by its patrons on the results of horse races or greyhound
races, as the case may be, held at such racing facility. Such place or places shall be provided
with the electronic or mechanical equipment necessary to issue pari-mutuel tickets, as well
as the electronic or mechanical equipment necessary to record the wagering, compute the odds,
and determine the awards to winning bettors, all in an accurate and speedy manner. All such
equipment shall be approved by the commission licensing such operator before being used, but
such commission shall not require the installation of any particular make of such equipment.
(b) Subject to the provisions of subsection (c), a horse racing...
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