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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-13-3.htm - 3K - Match Info - Similar pages
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:...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-13-1.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-13-9.htm - 1K - Match Info - Similar pages
8-13-4
Section 8-13-4 License - Bond required of applicant. (a) Every applicant for a going out of
business sale or distress merchandise sale license shall execute and file with the probate
judge to whom the application is made a good and sufficient bond in the sum of $2,500 or five
percent of the wholesale value of the inventory as set forth in the application, whichever
is greater, with two or more sureties thereon, approved by said probate judge or with the
surety thereon a surety company authorized to do business in the State of Alabama, which bond
in any event shall be approved by said probate judge, payable to the State of Alabama, and
shall be conditioned upon faithful observance of all the conditions of this chapter and shall
also indemnify any purchaser at such sale who suffers any loss by reason of misrepresentation
in said sale. (b) Such bond shall continue in effect for one year after the termination of
the sale for which it is made. (c) The licensee shall notify the probate judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-13-4.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-13-6.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-13-17.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-392.htm - 4K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-90.htm - 14K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-13-120.htm - 16K - Match Info - Similar pages
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
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