9-11-153
Section 9-11-153 Wholesale and retail freshwater nongame fish dealers' licenses; commercial
paddlefish dealer's license. (a) Every person, firm, association, or corporation engaged in
the buying, selling, or handling of freshwater nongame fish for the purpose of resale, whether
handled on a commission basis or otherwise, and every person, firm, association, or corporation
shipping freshwater nongame fish out of the State of Alabama on consignment or order shall
be considered a wholesale dealer of freshwater nongame fish, and shall be required to pay
a license of $25.00 per annum. Any person, firm, association, or corporation handling freshwater
nongame, uncooked fish strictly at retail to the consumer shall be considered a retailer and
must purchase a license and pay $10.00 per annum for the same. The revenue to be derived from
such licenses shall be covered into the State Treasury to the credit of the Game and Fish
Fund of the Department of Conservation and Natural Resources....
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35-9A-163
Section 35-9A-163 Prohibited provisions in rental agreements. (a) A rental agreement may not
provide that the tenant: (1) agrees to waive or forego rights or remedies established under
Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established
by this chapter or under the law of unlawful detainer; (2) authorizes any person to confess
judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's
attorney's fees or cost of collection; or (4) agrees to the exculpation or limitation of any
liability of the landlord arising under law or to indemnify the landlord for that liability
or the costs connected therewith. (b) A provision prohibited by subsection (a) included in
a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental
agreement containing provisions known by the landlord to be prohibited, the tenant may recover
in addition to actual damages an amount up to one month's periodic rent and...
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41-9-249.1
Section 41-9-249.1 Contracts for recovery or salvage of archaeological treasure, etc. (a) Notwithstanding
any provision of law to the contrary, the Alabama Historical Commission may enter into contracts
with any group or person for the recovery or salvage of archaeological treasure, sunken or
abandoned ships and wrecks of the sea, or parts thereof or their contents, which are determined
to be located on state owned lands, or on private land if the written consent of the owner
thereof is first obtained. Such contracts shall be on forms approved by the commission and
may provide for fair compensation to the salvager, and owner of the private land where applicable,
in terms of a percentage of the reasonable cash value of the objects recovered or at the discretion
of the commission, of a fair share of the objects recovered. The amount constituting a fair
share shall be determined by the commission, taking into consideration the circumstances of
each operation, and the reasonable cash value...
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10A-5-5.02
Section 10A-5-5.02 Liability for contributions. REPEALED IN THE 2014 REGULAR SESSION BY ACT
2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in the certificate of formation,
a member is obligated to the limited liability company to perform any promise to pay cash
or convey property or to render services, even if the member is unable to perform because
of death, disability, or any other reason. A member who does not perform such a promise is
obligated at the option of the limited liability company to pay cash equal to the amount or
value of the portion of the contribution that has not been paid, conveyed, or rendered. (b)
The operating agreement may provide that the interest of any member who fails to make any
contribution that the member is obligated to make, or who fails to pay any agreed assessment
that the member is obligated to make, shall be subject to a reasonable penalty for such failure.
The penalty may take the form of reducing the defaulting member's proportionate...
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35-12-75
Section 35-12-75 Dormancy charges. (a) Any person engaged primarily in the business of selling
tangible personal property at retail, by contract with the customer may, charge, and deduct
from the property otherwise subject to this article, a reasonable administrative and restocking
fee of not more than twenty-five dollars ($25) with respect to items purchased under a layaway
or similar agreement the terms of which are not fulfilled by the customer and the items are
returned to inventory. (b) A holder may deduct from property presumed abandoned a charge imposed
by reason of the apparent owner's failure to claim the property within a specified time only
if there is a valid and enforceable written contract between the holder and the apparent owner
under which the holder may impose the charge and the holder regularly imposes the charge.
The amount of the deduction is limited to an amount that is not unconscionable. (Act 2004-440,
p. 755, §1.)...
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40-9G-2
Section 40-9G-2 Incentives for qualifying projects; filings; audits; promulgation of regulations.
(a) For any qualifying project, an abatement may be allowed for ad valorem taxes and construction
related transaction taxes. (1) The abatement of construction related transaction taxes shall
be subject to and shall follow the procedures, provisions, limitations, and definitions of
Chapter 9B, except that capitalized repairs, rebuilds, maintenance and replacement equipment
shall qualify for abatements. (2) The abatement of ad valorem taxes shall be subject to and
shall follow the procedures, provisions, limitations, and definitions of Chapter 9B, except
as follows: a. The amount of the ad valorem tax abatement shall be equal to the ad valorem
taxes owed, minus the ad valorem taxes owed from the tax year immediately before the qualifying
project was placed in service; b. As to any ad valorem tax abatement, capitalized repairs,
rebuilds, maintenance and replacement equipment shall qualify for...
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8-39-4
Section 8-39-4 Refund or replacement for assistive device with a non comformity. (a) If the
manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available
for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually
repaired, the manufacturer shall be required to provide a refund or replacement of the device,
whichever is requested by the consumer or the agency, as follows: (1) If the consumer or the
agency requests a refund for a device that was purchased, the manufacturer shall refund to
the consumer and to any holder of a perfected security interest in the assistive device of
the consumer, as their interest may appear, the full purchase price plus any finance charge
or sales tax paid by the consumer at the point of sale and any collateral costs incurred by
the consumer, less a reasonable allowance for use. When the manufacturer provides the refund,
the consumer or the agency shall return the assistive device having the...
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37-9-30
Section 37-9-30 Reparation for excessive charges. When complaint has been made to the commission
concerning any rate, fare or charge for any service performed by any air carrier, and the
commission has found, after investigation, that the air carrier has charged an unreasonable,
excessive or discriminatory amount for such service, in violation of any of the provisions
of this chapter, the commission may order that the air carrier make due reparation to the
complainer therefor, with reasonable interest from the date of collection, provided no discrimination
will result for such reparation. Such complaint shall be filed with the commission within
two years from the time the cause of action accrues and not after; provided, that if a claim
based on an overcharge has been presented to the air carrier within the two-year period of
limitation, said period shall be extended to include six months from the time notice in writing
is given by the air carrier to the claimant of disallowance of the...
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7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty
in regard to accepted goods. (1) Except as otherwise provided with respect to damages liquidated
in the lease agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-503), if a lessee elects not to cover or a lessee elects
to cover and the cover is by lease agreement that for any reason does not qualify for treatment
under Section 7-2A-518(2), or is by purchase or otherwise, the measure of damages for nondelivery
or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is
the present value, as of the date of the default, of the then market rent minus the present
value as of the same date of the original rent, computed for the remaining lease term of the
original lease agreement, together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default. (2) Market...
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7-4A-404
Section 7-4A-404 Obligation of beneficiary's bank to pay and give notice to beneficiary. (a)
Subject to Sections 7-4A-211(e), 7-4A-405(d), and 7-4A-405(e), if a beneficiary's bank accepts
a payment order, the bank is obliged to pay the amount of the order to the beneficiary of
the order. Payment is due on the payment date of the order, but if acceptance occurs on the
payment date after the close of the funds-transfer business day of the bank, payment is due
on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary
and receipt of notice of particular circumstances that will give rise to consequential damages
as a result of nonpayment, the beneficiary may recover damages resulting from the refusal
to pay to the extent the bank had notice of the damages, unless the bank proves that it did
not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs...
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