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8-17-135
Section 8-17-135 Selling, etc., product other than that indicated. It shall be unlawful for
any person to store, keep, expose for sale, or sell from any tank, container, pump, or other
distributing device or equipment any liquid motor fuel, lubricating oil, grease or other similar
petroleum products other than those indicated by the brand, name, trademark, trade name, symbol,
or sign of the manufacturer or distributor appearing upon the tank, pump, container, or other
distributing equipment from which the same are sold, offered for sale or distributed. (Acts
1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §421.)...
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8-17-82
Section 8-17-82 Labeling requirement. (a) Each person selling, offering for sale, storing or
using in the state any petroleum product must label, or cause to be labeled, each tank car,
tank, barrel, pump, or other container in which such petroleum product is contained or marketed
with the words "guaranteed legal standards" and with an additional word or words
denoting the precise character of the petroleum product in the container so labeled. Each
word in such label shall be legibly printed in letters not less than one-half inch in height.
(b) An alternate manner for container and other labeling information as required under subsection
(a) of this section may be prescribed by the Board of Agriculture and Industries pursuant
to rules and regulations which shall be consistent with the evident intent and purposes of
this section. (c) In addition to the requirements of subsections (a) and (b) of this section
each person selling, offering for sale, storing or using in the state any...
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45-39-92.40
Section 45-39-92.40 Definitions. For the purposes of this subpart, the following terms shall
have the respective meaning ascribed by this section: (1) AUTHORIZED MUNICIPALITIES. The Cities
of Sheffield, Tuscumbia, Muscle Shoals, Cherokee, Littleville, Leighton, Florence, Rogersville,
Killen, Anderson, Lexington, St. Florian, and Waterloo. (2) COUNTY. Lauderdale County which
is authorized to levy excise taxes pursuant to this subpart. (3) DISTRIBUTOR. Any person who
engages in the selling of gasoline or motor fuel in this state by wholesale domestic trade,
but shall not apply to any transaction of such distributor in interstate commerce. (4) GASOLINE.
Gasoline, naphtha, and other liquid motor fuels or any device or substitute therefor commonly
used in internal combustion engines; provided, that such term shall not be held to apply to
those products known commercially as kerosene oil, fuel oil, or crude oil when used for lighting,
heating, or industrial purposes. (5) LOCAL PUBLIC...
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40-17-352
Section 40-17-352 Criminal penalties. (a) Any person who willfully does any of the following
is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five thousand
dollars ($5,000) nor more than twenty-five thousand dollars ($25,000), or imprisoned for not
more than one year, or both: (1) Fails to obtain a license as required by this article prior
to engaging in an activity for which a license is required. (2) Fails to pay to this state
no more than 30 days after the date the tax is due the tax levied by this article. (3) Makes
a false statement on an application, return, ticket, invoice, statement, or any other document
required under this article. (4) Fails to file no more than 30 days after it is due any return
required by this article. (5) Fails to maintain any record required by this article. (6) Makes
a false statement in an application for a refund. (7) Fails to make required disclosure of
the correct amount of fuel sold or used in this state. (8)...
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45-2-244.030
Section 45-2-244.030 Definitions. For the purposes of this subpart, the following terms shall
have the respective meaning ascribed by this section: (1) COUNTY. Baldwin County which has
levied excise taxes pursuant to the provisions of this subpart. (2) GASOLINE. Gasoline, naphtha,
and other liquid motor fuels or any device or substitute therefor commonly used in internal
combustion engines; provided, that such term shall not be held to apply to those products
known commercially as "kerosene oil," "fuel oil," or "crude oil"
when used for lighting, heating, or industrial purposes. (3) MOTOR FUEL. Diesel oil, tractor
fuel, gas oil, distillate or liquefied gas, kerosene, and jet fuel or any substitutes or devices
therefor when sold, distributed, stored, or withdrawn from storage in any county for use in
the operation of any motor vehicle upon the highways of this state. (4) PERSON. Persons, corporations,
copartnerships, companies, agencies, associations, incorporated or otherwise, singular...
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40-17-340
Section 40-17-340 Filing of monthly return and payment due. (a) Each supplier, importer, blender,
permissive supplier, and exporter shall file the monthly return required herein, in a format
prescribed by the commissioner, on or before the 22nd day of each calendar month for the preceding
month. (b) Other than importers, the tax levied by this article shall be paid to the department
by each taxpayer on or before the 22nd day of each calendar month for the preceding month
and shall be accompanied by any required returns. The department may require all or certain
taxpayers to file tax returns and payments electronically. (c) Importers importing motor fuel
from a bulk plant or some other non-terminal storage location shall pay the tax levied by
this article to the department on or before the 22nd day of each calendar month for the preceding
month, and the payment shall be accompanied by any required returns. The department may require
all or certain taxpayers to file tax returns and...
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45-17-90.40
Section 45-17-90.40 Definitions. For the purposes of this subpart, the following terms shall
have the respective meaning ascribed by this section: (1) AUTHORIZED MUNICIPALITIES. The Cities
of Sheffield, Tuscumbia, Muscle Shoals, Cherokee, Littleville, Leighton, and Florence. (2)
COUNTY. Colbert County which is authorized to levy excise taxes pursuant to the provisions
of this subpart. (3) GASOLINE. Gasoline, naphtha and other liquid motor fuels or any device
or substitute therefor commonly used in internal combustion engines; provided, that such term
shall not be held to apply to those products known commercially as "kerosene oil,"
"fuel oil," or "crude oil" when used for lighting, heating, or industrial
purposes. (4) LOCAL PUBLIC CORPORATION. A public corporation incorporated in either Colbert
County or Lauderdale County pursuant to Chapter 99B of Title 11, Article 9, commencing with
Section 11-47-210, of Chapter 47 of Title 11, or any other public corporation organized under
the laws...
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8-22-8
Section 8-22-8 Certain sales and transfer price differentials authorized. (a) It is not a violation
of this chapter if a difference exists between the transfer price or sales price of motor
fuel of like grade and quality and the price charged to a person who purchases for resale
at the same level of distribution, including any discounts, rebates, allowances, services,
facilities granted any of a supplier's own marketing operations in excess of those provided
to a person who purchases for resale at the same level of distribution, if the lower price
is due to a cost differential incurred because of a difference in shipping method, transportation,
marketing, sale or quantity, in which such motor fuel is sold. (b) It is not a violation of
this chapter if any price is established in good faith to meet an equally low price of a competitor
in the same market area on the same level of distribution selling the same or a similar product
of like grade and quality or is exempt under Section...
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40-1-44
Section 40-1-44 Interest on delinquent taxes and overpayments. (a) Interest shall be added
as provided herein to any tax or other amount due the department which is not paid by the
due date. Interest on any delinquency shall be charged from the due date of the tax, except
(1) interest on delinquent license taxes levied under Chapter 12 of this title shall be charged
from the delinquent date provided in subsection (e) of Section 40-12-10; and (2) interest
on delinquent license tax and registration fees levied on motor vehicles shall be charged
beginning after the period allowed for registration or renewal; and (3) interest on the freight
lines and equipment companies tax levied in Section 40-21-52 shall be charged from the delinquent
date thereof. The interest shall be computed based on the underpayment rate established by
the Secretary of the Treasury under the authority of 26 U.S.C. §6621. (b)(1) Except as provided
in subdivision (2) of this subsection (b), interest shall be paid by...
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40-17-168.2
Section 40-17-168.2 Levy and collection of tax; application and fee. (a) There is hereby levied
a reduced rate excise tax on compressed natural gas (CNG) and liquefied natural gas (LNG)
in an amount of $.08 per GGE or DGE effective October 1, 2018. Effective October 1, 2023,
the reduced rate excise tax on compressed natural gas (CNG) and liquefied natural gas (LNG)
will increase to $.13 per GGE or DGE. Effective October 1, 2028, the excise tax on compressed
natural gas (CNG) will increase to the gasoline excise tax rate as prescribed by subsection
(a)(1) of Section 40-17-325 per gasoline gallon equivalent (GGE) and the excise tax on liquefied
natural gas (LNG) will increase to the diesel fuel excise tax rate as prescribed by subsection
(a)(2) of Section 40-17-325 per diesel gallon equivalent(DGE). Effective October 1, 2028,
in the event that an additional gasoline excise tax, which is not referenced in subsection
(a)(1) of Section 40-17-325, is levied, the excise tax on compressed...
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