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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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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8-13-4
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...
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8-13-5
Section 8-13-5 License - Public hearing on application. The probate judge to whom the application
for a going out of business sale or distress merchandise sale license is made, or his designee,
shall conduct a public hearing not later than two weeks after an application has been filed.
At least one week prior to such hearing the probate judge shall publish, at the expense of
the applicant, a notice of the hearing in a local newspaper of general circulation. The probate
judge may require that a record be made of the public hearing and that the testimony at such
hearing be under oath. (Acts 1965, No. 553, p. 1027, §6.)...
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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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8-13-8
Section 8-13-8 License - Fee generally; renewal fee; issuing fee; costs of investigation and
public hearing. (a) For a license for a going out of business sale or distress merchandise
sale issued for 30 days or less, the applicant shall pay to the probate judge issuing the
same, for the use and benefit of the State of Alabama, a license fee in accordance with the
following schedule: (1) $50 if inventory is $10,000 or less. (2) $100 if inventory is over
$10,000 but less than $25,000. (3) $200 if inventory is over $25,000 but less than $50,000.
(4) $300 if inventory is over $50,000 but not over $100,000. (5) $400 if inventory is over
$100,000 but not over $200,000. (6) $500 if inventory is over $200,000. (b) For a license
renewal of 30 days or less, the applicant shall pay an additional license fee of $100. (c)
The applicant shall also pay to the probate judge issuing the license an issuing fee of $25
for each license issued hereunder, and for each renewal of such license, if any, and...
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8-13-15
Section 8-13-15 Sales to be held only at regular store hours; exceptions. No going out of business
sale or distress merchandise sale shall be held at times other than regular store hours of
the applicant, except that the probate judge issuing the license may make reasonable provision
for extra evening hours upon good cause shown by the applicant. (Acts 1965, No. 553, p. 1027,
§9.)...
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34-35-7
Section 34-35-7 License fee; bond. (a) Each applicant for a transient merchant license must
include a license fee of $250 with the application, to be deposited in the county treasury
that issues the license. The license applicant must also execute a cash bond or a surety bond
issued by a corporate surety authorized to do business in this state in an amount that is
the lesser of $2,000 or five percent of the wholesale value of any merchandise or services
to be offered for sale. The surety bond must be issued in favor of the state and must be conditioned
that the applicant will pay all taxes due from the applicant to the state or to a political
subdivision of the state, any fines assessed against the applicant or the applicant's agents
or employees for a violation of this chapter, and any judgment rendered against the applicant
or the applicant's agents or employees in a cause of action commenced by a purchaser of merchandise
or services not later than one year after the date the...
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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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8-13-13
Section 8-13-13 License - Revocation or suspension. The probate judge issuing a license for
a going out of business sale or distress merchandise sale may revoke or suspend the same if
any licensee sells, offers for sale, or advertises for sale any goods, wares, or merchandise
in addition to those specified under Section 8-13-17, violates any of the provisions of this
chapter or any other law relating to the business so licensed or otherwise fails to comply
with the terms of this chapter. (Acts 1965, No. 553, p. 1027, §21.)...
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