8-13-17
Section 8-13-17 Sale limited to inventoried stock; additions to inventory. (a) During any going
out of business sale or distress merchandise sale, it shall be unlawful for a licensee to
sell, offer for sale, or advertise for sale any goods, wares, or merchandise which were not
included in the inventory filed with his application or added to his stock as permitted in
this section. (b) During any licensed going out of business sale or distress merchandise sale,
no additions shall be made to the stock of merchandise set forth in the inventory attached
to the application for the license; provided, however, that the applicant may add new stock
not to exceed 10 percent of the dollar value of the inventory of goods, wares, or merchandise
on hand as shown in the inventory attached to the application filed pursuant to this chapter;
and provided further, that the addition of 10 percent shall include the goods, wares, or merchandise
on order as shown in the application. The purpose of said...
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8-13-9
Section 8-13-9 License - When probate judge to issue license. A license shall be issued to
an applicant when the probate judge to whom the application for a going out of business sale
or distress merchandise sale is made is satisfied after investigation and public hearing that:
(1) The applicant intends to discontinue his business at the location designated in the application
on the date specified therein if such sale is a going out of business sale; (2) The applicant's
inventory, on hand and on order, is not out of proportion to the stock normally carried by
such applicant; (3) The applicant has not purchased or otherwise acquired goods, wares, or
merchandise for the purpose of conducting a going out of business sale or distress merchandise
sale; (4) The goods, wares, or merchandise to be offered for sale are those of a bona fide
merchant of the State of Alabama; (5) No misrepresentation of the goods to be sold has been
made or will be practiced; and (6) The applicant has complied...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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8-13-3
Section 8-13-3 License - Application. An applicant for a license to conduct a going out of
business sale or a distress merchandise sale shall file an application with the judge of probate
of the county in which such sale shall be held at least 30 days prior to such sale; provided,
however, that the said 30-day period may be waived in writing by the probate judge to whom
the application is made for good cause shown. The application shall be made upon forms prescribed
by the Commissioner of Revenue of the State of Alabama, signed and verified by the applicant
and shall include the following information: (1) Name and address of the applicant and also
the name of the true owner if the applicant is not such true owner; (2) Name, location, and
time of the proposed going out of business sale or distress merchandise sale; (3) Inventory
of the goods, wares, or merchandise, on hand and on order, which the applicant intends to
offer for sale at a going out of business sale or distress merchandise...
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43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
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8-13-6
Section 8-13-6 License - Investigation; investigation fee; cost of independent audit; applicant's
refusal to pay investigation fee and costs. (a) When an application for a license to conduct
a going out of business sale or distress merchandise sale is filed, the probate judge to whom
the application is made shall make such investigation as he deems necessary prior to the public
hearing hereinafter provided. (b) The applicant shall pay to such probate judge at the time
the application is filed a fee of $10 for making such an investigation, and if such probate
judge deems it necessary to have an independent inventory or audit of the applicant's books
made, he shall advise the applicant of the cost of such independent inventory or audit and
applicant shall pay such amount to such probate judge to be used by him to pay the cost of
such inventory and/or audit. (c) The applicant's refusal to pay the fee and costs hereinabove
provided and his refusal to permit examination of his books and...
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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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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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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8-13-2
Section 8-13-2 License - Required; display on premises of sale; display of license number and
date of issuance in advertising. (a) It shall be unlawful for any person to sell, offer for
sale, or advertise for sale at a going out of business sale or a distress merchandise sale
any goods, wares, or merchandise, whether it be his property or that of another, unless a
license for such sale has been issued pursuant to this chapter and is in effect. (b) Such
license must be displayed in a prominent place on the premises wherein any such sale is being
conducted, and the number and date of issue of the license must be displayed in any advertising
of the sale. (Acts 1965, No. 553, p. 1027, §2.)...
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