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40-25-2
Section 40-25-2 Who is liable for tax; amount; local tax or fee. (a) In addition to all other
taxes of every kind now imposed by law, every person, firm, corporation, club, or association,
within the State of Alabama, who sells or stores or receives for the purpose of distribution
to any person, firm, corporation, club, or association within the State of Alabama, cigars,
cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, snuff, or any substitute
therefor, either or all, shall pay to the State of Alabama for state purposes only a license
or privilege tax which shall be measured by and graduated in accordance with the volume of
sales of such person, firm, corporation, club, or association in Alabama. There is hereby
levied license or privilege taxes on articles containing tobacco enumerated in this article
in the following amounts: (1) LITTLE CIGARS. Upon cigars of all descriptions, including filtered
cigars, made of tobacco, or any substitute therefor, and weighing not...
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6-5-347
behalf of an agritourism professional. (4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those
conditions, dangers, or hazards that are an integral part of an agritourism activity, including
any of the following: a. Surface and subsurface conditions and natural conditions of land,
vegetation, and waters. b. The behavior of wild animals or insects. c. The behavior of domestic
animals or insects as to: 1. The propensity of a domestic animal or insect to behave in ways
that may result in sickness, injury, harm, or death to persons on or around them. 2.
The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement,
and unfamiliar objects, persons, or other animals. d. The ordinary dangers of structures or
equipment ordinarily used on a working agricultural operation, excluding a dangerous condition
on structures or equipment ordinarily used on a working agricultural operation that is actually
known by an agritourism professional, not open and obvious, not made...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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8-20-7
Section 8-20-7 Warranty obligations to dealers. (a) Every manufacturer, distributor, or wholesaler,
factory branch, factory representative, distributor branch, or distributor representative
shall specify in writing to each of its motor vehicle dealers the dealer's obligation for
warranty service on its products, shall compensate the motor vehicle dealer for warranty service
required of the dealer by the manufacturer, distributor, or wholesaler, factory branch, factory
representative, distributor branch, or distributor representative and shall provide the dealer
the schedule of compensation to be paid such dealer for parts, work, and service in connection
with warranty services, and the time allowance for the performance of such work and service.
(b) In no event shall such schedule of compensation fail to include reasonable compensation
for diagnostic work, service, labor, and parts. Time allowances for the diagnosis and performance
of warranty work and service shall be reasonable and...
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6-12A-3
stamping agent, or distributor shall have 30 days from receipt of notice from the department
regarding the change in the directory to sell the brand family that is delisted. No delisted
brand family may be sold after the 30 day period. (4) Every wholesaler and distributor shall
provide and update as necessary an electronic mail address to the commissioner for the purpose
of receiving any notifications as may be required by this chapter. (c) Prohibition against
stamping, sale, or import of cigarettes not in the directory. It shall be unlawful for any
person to do either of the following: (1) Affix a stamp to a package or other container of
cigarettes of a tobacco product manufacturer or brand family not included in the directory.
(2) Sell, offer, or possess for sale in this state, or import for personal consumption
in this state, cigarettes of a tobacco product manufacturer or brand family not included in
the directory. (Act 2003-372, p. 1049, §2; Act 2014-341, p. 1266, §1.)...
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6-5-530
Section 6-5-530 Liability for damages. (a) In any civil action for personal injury,
death, or property damage caused by a product, regardless of the type of claims alleged or
the theory of liability asserted, the plaintiff must prove, among other elements, that the
defendant designed, manufactured, sold, or leased the particular product the use of which
is alleged to have caused the injury on which the claim is based, and not a similar
or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified
as having been used, ingested, or encountered by an allegedly injured party may not be held
liable for any alleged injury. A person, firm, corporation, association, partnership,
or other legal or business entity whose design is copied or otherwise used by a manufacturer
without the designer's express authorization is not subject to liability for personal
injury, death, or property damage caused by the manufacturer's product, even if use
of the design is...
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8-17-211
Section 8-17-211 Permit for manufacture, sale, etc., of fireworks or pyrotechnics for use before
a proximate audience; record of sales; enforcement. (a) It shall be unlawful for any person
to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State
of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before
a proximate audience, without first having secured the required applicable permit, as a manufacturer,
distributor, wholesaler, retailer, or seasonal retailer, from the State Fire Marshal. Possession
of a permit is a condition prerequisite to manufacturing, selling, or offering for sale, or
shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate
audience into or within the State of Alabama, except as herein provided. This provision applies
to nonresidents as well as residents of the State of Alabama. Mail orders where consumers
purchase any fireworks or pyrotechnics for use before a...
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8-20-3
Section 8-20-3 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) COERCE. The failure to act in good faith in performing
or complying with any term or provision of the franchise or dealer agreement, except that
recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of
good faith. (2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor
vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract, and pursuant to which the dealer
purchases and resells the franchise product or leases or rents the dealership premises. (3)
DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer,
who sells or distributes motor vehicles to motor vehicle dealers or who...
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6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by wholesalers
and distributors. Not later than 20 days after the end of each month, and more frequently
if so directed by the commissioner, each wholesaler and distributor shall submit all the information
the commissioner requires to facilitate compliance with this chapter, including, but not limited
to, a list by brand family of the total number of cigarettes or in the case of roll your own,
the equivalent stick count for which the wholesalers and distributors affixed stamps during
the previous month or otherwise paid the tax due for any cigarettes. The wholesaler or distributor
shall maintain, and make available to the commissioner, all invoices and documentation of
sales of all non-participating manufacturer cigarettes and any other information relied upon
in reporting to the commissioner for a period of five years. (b) Disclosure of information.
Notwithstanding any other law or rule, including...
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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE. A person
who directly or indirectly owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. Solely for purposes of this definition, the terms
"owns," "is owned," and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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