Ala. Code § 11-50-239 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-239
Section 11-50-239 Acquisition, Operation, Etc., of Waterworks System Located in Another Municipality; Execution of Contract for Conveyance of System in Other Municipality Thereto Upon Payment in Full of Indebtedness of Corporation
Status: in_force

(a) Each waterworks board now or hereafter organized under this division, in addition to all other powers conferred on it by law, is hereby further authorized and empowered to acquire, by purchase from the owner or owners thereof, all or any part of a waterworks plant or system and any rights incidental thereto located within the limits of any incorporated municipality in this state other than the municipality within which such board was organized to operate and thereafter to manage, operate, extend, enlarge, lease, mortgage, convey, and otherwise control the same as a part of its waterworks system in the municipality within which such board was organized to operate in all respects as if the properties so purchased were located in the municipality within which such board was organized to operate.

(b) Any such board may and is hereby further authorized and empowered to enter into a contract with such other municipality providing that when such board shall have paid all indebtedness incurred by it for the system acquired by it and located in such municipality (other than for operating expenses) then it shall thereupon convey to such other municipality the entire waterworks plant and system and all rights incidental thereto which may be owned by it and which may be located within the limits of such other municipality and also any property located outside of such other municipality which may be owned by it and which may be necessary for the operation therein of such waterworks plant and system, all as may be provided in such contract. If any such contract shall be so made then upon payment in full by such board of all such indebtedness, such board shall thereupon convey to such other municipality the properties and rights so agreed to be conveyed under the provisions of such contract. No election of the qualified voters of any such municipality shall be necessary to authorize such conveyance; provided, that nothing contained in this subsection shall authorize or empower any such board to convey to such other municipality any portion of the waterworks plant and system at any time owned by such board which may be necessary to the continued operation of that portion of its waterworks plant and system which may be located within the limits of the municipality within which such board was organized to operate.
Ala. Code § 11-44-120 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-120
Section 11-44-120 Definitions
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-31-13 — Alabama Code / Title 2 / Chapter 31 / Section 2-31-13
Section 2-31-13 Refusal, Suspension or Revocation of License - Procedure; Hearings
Status: in_force

The above hearing shall be formal and shall be held no less than 10 days after notice is given to the grain dealer of the hearing nor more than 30 days after the commissioner has received the request for the hearing.

The commissioner or his designated representative shall preside over the hearing and it shall be the burden of the grain dealer to show that the grounds set out in the commissioner’s letter of revocation, suspension or failure to renew would not constitute grounds to support the action taken by the commissioner. In this hearing and all other hearings and matters contemplated under the laws which the commissioner is responsible for regulation, he shall act in a quasi-judicial capacity.

Sworn testimony will be heard and any evidence whether hearsay or not, of probative value will be admissible at the hearing.

Any producer, at the discretion of the commissioner demonstrating a pecuniary interest in the outcome of the hearing may be allowed to intervene as a party to the hearing. Any party to the hearing may either represent himself or be represented by counsel. Formal rules of pleading or evidence shall not be required at the hearing but the guidelines set out for an administrative board hearing by the appellant courts of Alabama shall be followed so long as they do not conflict with the provisions of this article or other laws, the responsibility of the commissioner for enforcement or regulation.
Ala. Code § 11-66A-3 — Alabama Code / Title 2 / Chapter 66A / Section 11-66A-3
Section 11-66A-3 Incorporation and Organization of a Research and Development Corridor; Certificate of Incorporation
Status: in_force

(a) Upon compliance with public notice requirements, the governing body of any subdivision, or the governing bodies of any two or more subdivisions, may authorize the incorporation and organization of a research and development corridor, located exclusively within the respective corporate limits of the proposed authoring subdivisions, as a public corporation of the state, with powers set forth in this chapter, for the purpose of establishing or undertaking any project.

(b) In order to incorporate and organize a research and development corridor, not less than three natural persons who are qualified electors of a proposed authorizing subdivision shall file a written application with the governing body of each proposed authorizing subdivision. The application shall:

(1) State that the applicants propose to incorporate a research and development corridor pursuant to this chapter;

(2) State the name of each subdivision with which the application is filed;

(3) State that each of the applicants is a qualified elector of a proposed authorizing subdivision;

(4) Attach the proposed certificate of incorporation of the proposed corridor and state that the proposed certificate of incorporation is attached to the application and made a part thereof;

(5) Attach an affidavit of publication from a newspaper of circulation in each authorizing subdivision of the intent to form a research and development corridor and the geographic boundaries of the corridor; and

(6) Request the governing body of each proposed authorizing subdivision to adopt a resolution that the proposed corridor be formed, that the proposed certificate of incorporation of the corridor be approved, and that the applicants are authorized and directed to proceed to form the proposed corridor by the filing for record of a certificate of incorporation in accordance with this chapter.

(c) The certificate of incorporation of corridor shall state all of the following:

(1) The names of the individuals forming the corridor, and that each of them is a qualified elector of an authorizing subdivision for the corridor.

(2) The name of the corridor, which may be a name indicating in a general way the area proposed to be included within or served by the corridor and shall include the words “___________ Research and Development Corridor,” or “The Research and Development Corridor of ____________,” the blank spaces to be filled in with the name of the authorizing subdivisions or other geographically descriptive word or words.

(3) That the corridor is organized pursuant to this chapter.

(4) The name of each authorizing subdivision together with the date on which the governing body thereof adopted an authorizing resolution.

(5) The period for the duration of the corridor, which may be perpetual subject to this chapter.

(6) The location of the principal office of the corridor, which must be within the corporate limits of an authorizing subdivision.

(7) The number of members, which must be an odd number not less than three, of the board of directors of the corridor and the duration of the term of office, which shall not be in excess of six years.

(8) A description of the geographic boundaries of the corridor, which boundaries must be within the corporate limits of an authorizing subdivision that adopted an authorizing resolution to create the corridor and which description may be by reference to tax assessment tracts in accordance with the tax assessor’s system, by metes and bounds, by subdivision lot, by reference to recorded deeds, or by other reasonable reference method.

(9) The terms of any prohibition, limitation, or condition with respect to the exercise of any authority or power of the corridor or the duration of the corridor, if any.

(10) Any provision that provides for the vesting of title to property of the corridor upon dissolution of the corridor, which must not be in violation of this chapter or other state law.

(11) That the corridor shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation.

(d)(1) The governing body of a subdivision with which an application is filed pursuant to this chapter, as promptly as practicable, shall review the application and the attached form of certificate of incorporation.

(2) The governing body of each subdivision that has adopted an authorizing resolution shall cause the resolution to be made a part of the minutes and record of the meeting of the governing body during which the authorizing resolution was adopted.

(3) An authorizing resolution shall operate and be construed only as historical and evidential. An authorizing resolution shall not operate or be construed as of general and permanent nature or operation, may be adopted at the same meeting at which it is introduced, and shall be effective immediately upon adoption without posting or publication by any electronic, printed, or other means.

(e) As soon as practicable after the adoption of an authorizing resolution by each authorizing subdivision, the applicants shall do all of the following:

(1) Execute and acknowledge the certificate of incorporation as approved by each of the authorizing subdivisions before an officer authorized by law to take acknowledgments to deeds.

(2) Attach to the certificate of incorporation both of the following:

a. A certified copy of each authorizing resolution.

b. A certificate by the Secretary of State stating that the name proposed for the corridor is not identical to that of any other corporation organized under state law or so nearly similar as to lead to confusion and uncertainty.

(3) File the certificate of incorporation for record in the office of the judge of probate of the county in which the principal office of the corridor is to be located.

(f) Upon the filing for record of the certificate of incorporation, the corridor shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation, whereupon the corridor shall be vested with all authority, powers, and rights granted by this chapter, and the judge of probate shall send a notice to the Secretary of State that the certificate of incorporation of the corridor has been filed for record.

(g) The certificate of incorporation of any corridor may be amended in the following manner:

(1) The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which must be set forth in full in the resolution. The amendment may include any matters that may have been included in the original certificate of incorporation. An amendment to the certificate of incorporation may not authorize the corridor to acquire property or otherwise expand its activities outside the corporate limits of its authorizing subdivision or authorizing subdivisions.

(2) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the corridor, the chair of the board and the secretary of the corridor shall sign and file a written application in the name of and on behalf of the corridor with the governing body of each authorizing subdivision requesting the governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with documents in support of the application as the chair considers appropriate.

(3) As promptly as practicable after the filing of the application with the authorizing subdivision and upon compliance with public notice requirements, the governing body shall review the application. The governing body of each subdivision that has adopted a resolution approving the amendment shall cause the resolution to be made a part of the minutes and record of the meeting of the governing body during which the resolution was adopted. A resolution approving an amendment shall operate and be construed only as historical and evidential. An authorizing resolution shall not operate or be construed as of general and permanent nature or operation, may be adopted at the same meeting at which it is introduced, and shall be effective immediately without posting or publication by any electronic, printed, or other means.

(4) As soon as practicable after the adoption of a resolution approving the amendment by each authorizing subdivision, the chair of the board of the corridor and the secretary of the corridor shall sign and file for record in the office of the judge of probate with which the certificate of incorporation of the corridor was originally filed a certificate in the name of and on behalf of the corridor reciting the adoption of the respective resolutions by the board and by the governing body of each authorizing subdivision, setting forth the proposed amendment. The judge of probate for the county shall thereupon record the certificate in an appropriate book in his or her office. When the certificate has been so filed and recorded, the amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of a research and development corridor shall be amended except in the manner provided in this section.
Ala. Code § 11-70B-4 — Alabama Code / Title 2 / Chapter 70B / Section 11-70B-4
Section 11-70B-4 Ordinance of a Class 1 Municipality Authorizing Judicial in Rem Foreclosure of Municipal Code Lien
Status: in_force

(a) A Class 1 municipality may proceed with judicial in rem foreclosures of municipal code liens in accordance with this chapter by enacting an ordinance of the governing body of the Class 1 municipality where the real property is situated, which ordinance shall be sufficient authority for use of this chapter by the Class 1 municipality to enforce its municipal code liens.

(b) The ordinance of a Class 1 municipality authorizing and approving the use of this chapter shall set forth all of the following:

(1) The initial effective date for application of these procedures.

(2) If the Class 1 municipality elects not to apply these procedures to all real properties as of the same initial effective date, it shall specify all of the following:

a. Which real properties are subject to these procedures.

b. The order in which the real properties shall be subject to these procedures.

c. The time and manner of determining paragraphs a. and b.

(3) The explicit exclusion of owner-occupied properties from the application of the judicial in rem foreclosure procedures authorized under this chapter.

(4) Any other matters related to code enforcement that the Class 1 municipality designates for administrative regulation.

(c) The provisions of a Class 1 municipality ordinance and administrative regulations issued pursuant to the ordinance shall not conflict with Sections 11-70B-5 through 11-70B-8.

(d) Proceedings in accordance with this chapter are intended solely to enforce the municipal code lien for real property subject to the lien and shall not constitute an action for personal liability of the owner or owners of the real property to which the lien applies.

(e) The rights and remedies provided in this chapter are available solely to the governmental entities authorized by law to enforce municipal ordinances and shall not extend to any nongovernmental transferee of municipal code liens.

(f) A Class 1 municipality that has adopted the provisions of this chapter by ordinance and that seeks to enforce a municipal code lien through the sale of real property shall utilize the judicial in rem proceedings authorized under this chapter as the sole remedy for the enforcement through the sale of real property.

(g) The enforcement proceedings authorized under this chapter may be initiated only by a Class 1 municipality.

(h) A municipal code lien shall not include any lien that has previously been certified to the tax collector of the county for inclusion on the property tax bill associated with the real property, such as those liens certified pursuant to Section 11-67-66 or Section 45-37A-53 or any other applicable local law.
Ala. Code § 11-44E-112 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-112
Section 11-44E-112 Five-Year Plan
Status: in_force

The city manager shall submit to the commission on an annual basis at least a five-year projection of revenue and expenses. In addition, the plan shall include a projection of personnel, program, and capital needs along with a ranking of such by priority. This document shall be known as the five-year plan and without binding the commission shall be used as a budgeting tool.
Ala. Code § 2-7-51 — Alabama Code / Title 2 / Chapter 7 / Section 2-7-51
Section 2-7-51 Expenditures for Prizes and Premiums Authorized
Status: in_force

The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is hereby authorized to expend up to but not more than such amount as may be appropriated in the general appropriations bill for the purpose of awarding prizes and premiums at livestock shows. Such awards shall be made for exhibits and demonstrations at bona fide, nonprofit livestock shows which are sponsored by the state Department of Agriculture and Industries. The amounts to be expended under this section shall be applied for, expended and disbursed as provided in this article.
Ala. Code § 11-41-6 — Alabama Code / Title 2 / Chapter 41 / Section 11-41-6
Section 11-41-6 Report of Election Result to Probate Judge; Issuance and Recordation of Order Approving Report and Election Result; Vacancies; Setting Aside, Etc., of Elections; Record and Costs of Incorporation Proceedings and Elections
Status: in_force

Within five days after such election, inspectors shall report the result of the election to the judge of probate, who may enter an order confirming and approving the election and report, and, in that event, the officers shown by such report to have been elected shall, upon the recording of such order, be entitled to hold office until the next general municipal election and until their successors are elected and qualified. If any person fails to qualify within 30 days after he shall have been declared elected, the judge of probate may appoint some person to fill such vacancy.

The judge of probate may, for fraud or material irregularities, set either of such elections aside and order another election in like manner to be held by the same or other inspectors to be by him appointed.

The judge shall make a record of the proceedings in the matter of such incorporation and election of officers and file in the office of the Secretary of State a certified copy of the entry showing the result of the elections preceding. The costs of all the aforesaid proceedings shall be paid by the town or city; but, if no judgment is entered establishing the town or city, they shall be paid by the petitioners, and judgment shall be entered dismissing such proceedings.
Ala. Code § 11-43C-40 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-40
Section 11-43C-40 Mayor - Employment of Additional Personnel; Amount Available for Salaries; Not Subject to Merit System
Status: in_force

The mayor may employ additional personnel who shall serve at the pleasure of the mayor, and for such purposes an additional seventy-five thousand dollars ($75,000) per annum shall be made available for the salaries of the personnel from the city treasury. The personnel shall not be subject to the merit system. This section shall not limit the authority of the mayor to appoint other employees of the city under the merit system or otherwise where authorized by any other law.
Ala. Code § 2-15-170 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-170
Section 2-15-170 Promulgation of Rules and Regulations for Control and Eradication of Infectious, Contagious, or Communicable Livestock Diseases by Commissioner
Status: in_force

The commissioner, with the approval of the State Board of Agriculture and Industries, shall have the power and authority to promulgate all necessary rules and regulations for the control and eradication of all infectious, contagious or communicable diseases of livestock. These rules and regulations shall have the full force and effect of law.
Ala. Code § 2-24-5 — Alabama Code / Title 2 / Chapter 24 / Section 2-24-5
Section 2-24-5 Making of False or Fraudulent Representations as to Approval and Certification by Commissioner
Status: in_force

Any person, firm, partnership, corporation or association who shall make any false or fraudulent representations that it is approved and certified by the Commissioner of Agriculture and Industries without complying with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now provided by law for such an offense.
Ala. Code § 11-70A-9 — Alabama Code / Title 2 / Chapter 70A / Section 11-70A-9
Section 11-70A-9 Appeal
Status: in_force

A municipality or interested party may, within 42 days following the effective date of the judgment, appeal the judgment of the circuit court to the Court of Civil Appeals. Any party appealing from an order vesting title in the municipality shall, as a condition of the appeal, identify the parcel which is the subject of the appeal and, with respect to that parcel, post a bond with at least one solvent surety in the amount due to redeem the property under Chapter 10, Title 40. The appeal shall stay the order of the circuit court only with respect to each parcel identified as the subject of the appeal. The order of the circuit court shall be affirmed absent a defect in the identification of the property or in the notice such that the notice deprived a party of the right to due process of law. The order shall not be reversed on the basis of merely technical noncompliance with this section.
Ala. Code § 11-40-66 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-66
Section 11-40-66 Judicial Hearing
Status: in_force

(a) The Class 2 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor more than 90 days following the filing of the petition. At the judicial hearing, any interested party shall have the right to be heard and to contest the delinquency of the municipal code lien, the adequacy of the proceedings, the classification of the property as owner occupied, and the amount of the tax payoff. If the court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:

(1) The municipal code lien is delinquent.

(2) The amounts of any additional municipal code liens and taxes described in the petition are delinquent.

(3) Proper notice has been given to all interested parties.

(4) The property is not owner occupied.

(5) The property as described in the petition be sold in accordance with the provisions of this article.

(6) The sale shall become final and binding immediately after the sale is conducted in accordance with Section 11-40-68.

(b) The order of the court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than:

(1) Rights of redemption provided under federal law.

(2) Taxes assessed against real property that are due but not yet delinquent as of the date of the court’s order.

(3) An easement which burdens the real property, a real covenant which burdens the real property, and any utility easement which benefits the real property as of the date of the filing of the municipal code lien on which the Class 2 municipality is seeking to foreclose under this article.

(c) If at any point in the proceedings the court determines that the property is owner occupied, then the Class 2 municipality shall seek immediate dismissal of the proceedings.
Ala. Code § 2-6-23 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-23
Section 2-6-23 Certificate of Incorporation
Status: reserved

Repealed by Act 2011-575, p. 1231, §30, effective June 9, 2011.
Ala. Code § 11-44C-51 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-51
Section 11-44C-51 Adoption of General Fund Budget and Any Necessary Revenue Measure; Failure to Adopt Budget
Status: in_force

Not later than the twentieth day of September of the current fiscal year, the council by a majority vote shall adopt the general fund budget, and such ordinance providing for additional revenue as may be necessary to put the budget in balance, including a two percent reserve. If for any reason the council fails to adopt the general fund budget on or before such day, the general fund budget of the current fiscal year shall be the general fund budget for the ensuing year, until such time as a newly revised budget shall be adopted by the council and, until such time, it shall have full force and effect to the same extent as if the same had been adopted by the council.
Ala. Code § 2-32-7 — Alabama Code / Title 2 / Chapter 32 / Section 2-32-7
Section 2-32-7 Referendum - Voting; Effects of Vote
Status: in_force

(a) If in any referendum, a majority of the ratite producers of the geographic area in which the referendum is conducted and eligible to participate and voting in the referendum, vote in favor of the levying and collection of the assessment proposed in the referendum, then the assessment shall be levied and collected in the manner provided in this chapter. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate, and publicly declare and announce the results of the referendum.

(b) In the event any referendum shall fail to receive the required number of affirmative votes, then the certified association conducting the referendum may call another referendum in the next succeeding year on the question of an assessment and promotional program for a five-year period; provided, that no referendum may be held within a period of 12 months from the date on which the last referendum was held.

(c) In the event a referendum is passed and assessments are levied for the period set forth in the call for the referendum, then the association conducting the referendum may call and conduct during or after the last year of the assessment period another referendum in which the ratite producers may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendums authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this chapter.
Ala. Code § 11-46-64 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-64
Section 11-46-64 Deception of Disabled Voters by Marker, Etc
Status: in_force

Any marker or helper or assistant authorized to aid a disabled voter at a municipal election who willfully deceives any elector in preparing his ballot must, on conviction, be imprisoned in the penitentiary for not less than one nor more than five years.
Ala. Code § 11-51-101 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-101
Section 11-51-101 Licensing, Etc., of Carts, Wagons, Carriages, Etc
Status: in_force

Any city or town shall have the power to regulate and license the use of carts, drays, wagons, coaches, omnibuses, and every description of carriages and vehicles kept for hire and to license and regulate the use of the streets of the town or city by persons who use vehicles or solicit or transact business thereon.
Ala. Code § 11-51-90 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-90
Section 11-51-90 Municipal Business Licenses; Branch Offices; Application
Status: in_force

(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 the November 30 preceding the license year for which the increase shall take effect. The failure of the Department of Revenue to so notify all municipalities and the Alabama League of Municipalities shall not, however, prohibit a municipality from increasing the issuance fee, if any increase is otherwise due pursuant to this subsection. A reasonable projection of the Producer Price Index for the months of November and December of the fifth year of the test period may be employed in this calculation.

(3) To establish a minimum, and in the discretion of the municipality, a maximum business license, with the amount of the minimum and, if appropriate, maximum business license and the applicable tax rate for each category to be established from time to time by the governing body of each municipality pursuant to this chapter.

(4) In the discretion of the municipality, to establish a small vendor business license, which shall not exceed one percent of the taxpayer’s gross receipts derived from within the municipality for the preceding license year; provided, however, that a municipality’s election not to establish a small vendor business license shall not preclude the municipality from requiring a taxpayer generating gross receipts of less than fifteen thousand dollars ($15,000) from within the municipality’s jurisdiction to purchase an annual business license. For purposes of this section, a “small vendor” shall be defined as a taxpayer that meets all the following criteria:

a. The taxpayer purchased a business license from the municipality with respect to the preceding license year and made a sale or provided services within the municipality thereof during each calendar quarter of the preceding license year.

b. The taxpayer’s gross receipts derived from within the municipality for the preceding license year did not exceed fifteen thousand dollars ($15,000).

c. The taxpayer did not qualify for the special delivery license provided for by Section 11-51-194.

(5) To require sworn statements as to the amount of capital invested, value of goods or stocks, or amounts of sales or gross receipts where the amount of the license is made to depend upon the amount of capital invested, value of goods or stocks, or amount of sales or gross receipts and to punish any taxpayer for failure or refusal to furnish sworn statements or for giving of false statements in relation thereto.

(b) The license authorized by subsection (a) as to taxpayers engaged in business in connection with interstate commerce shall be confined to that portion within the limits of the state and where the taxpayer has an office or transacts business in the municipality imposing the license. A taxpayer subject to the license authorized by subsection (a), that is engaged in business in more than one municipality, shall be permitted to account for its gross receipts so that the part of its gross receipts attributable to one or more branch offices will not be subject to the business license tax imposed on the principal business office required to obtain a business license. Branch office gross receipts are those receipts that are the result of business conducted at or from a qualifying branch office.

Notwithstanding the foregoing, in order to establish the existence of a qualifying branch office, the taxpayer shall meet all the following criteria:

(1) Demonstrate the continuing existence of an actual physical facility located outside the police jurisdiction of the municipality in which its principal business office is located, such as a retail store, outlet, business office, showroom, or warehouse, to which employees or independent contractors, or both, are assigned or located during regular normal working hours.

(2) Maintain books and records which reasonably indicate a segregation or allocation of the taxpayer’s gross receipts to the particular facility or facilities.

(3) Provide reasonable proof that separate telephone listings, signs, or other indications of its separate activity are in existence.

(4) Billing or collection activities, or both, relating to the business conducted at the branch office or offices are performed by an employee or other representative of the taxpayer who has such responsibility for the branch office, whether or not the representative is physically located at the branch office.

(5) All business claimed by a branch office or offices must be conducted by and through the office or offices.

(6) Supply proof that all applicable business licenses with respect to the branch office or offices have been issued.

(c) The power to license conferred by this division may be used in the exercise of the police power as well as for the purpose of raising revenue, or both.

(d) Each municipality shall accept the application form set forth below for the purpose of allowing a taxpayer to apply for a business license. The application form may, however, be altered to incorporate the different business license rates that municipalities are permitted to charge from time to time, and to reflect additional or different instructions to taxpayers that are not inconsistent with this chapter, including a required notice in cases where the municipality does not levy its business license tax on business done within its police jurisdiction. Each municipality shall mail or otherwise transmit a renewal reminder notice to each taxpayer that purchased a business license during the preceding license year, via regular U.S. mail addressed to the taxpayer’s last known address, on or before December 31 of the current license year. The failure of the municipality to comply with the preceding sentence shall not, however, preclude it from enforcing its business license tax laws against a taxpayer but shall preclude the municipality from assessing any fines or penalties otherwise due for late payment until 10 days after a renewal reminder notice has been mailed to the taxpayer at its last known address as indicated in the municipality’s records, or personally delivered to the taxpayer, and the taxpayer then fails or refuses to remit the business license tax due for such license year within the 10-day period. If the municipality mails a renewal reminder notice to the last known address of the taxpayer, as indicated in the municipality’s records, there shall exist a presumption that the municipality has complied with the above provisions. A municipality shall not be precluded from assessing fines and penalties otherwise due for late payment if the taxpayer does not notify the municipality of a change in address within 90 days after changing such address. Taxpayers shall notify the taxing jurisdictions in which they do business of a change of mailing address within 90 days after changing such address. In like manner, taxpayers shall notify the taxing jurisdictions in which they do business of a change in their federal employer identification number or Department of Revenue taxpayer identification number within a reasonable time after such number is changed.

UNIFORM MUNICIPAL BUSINESS LICENSE APPLICATION

(CONFIDENTIAL)

City/Town of ____, Alabama NOTE: The City/Town Imposes (or Does Not Impose, as appropriate) its Business License Tax Within its Police Jurisdiction Complete and Mail or Fax to: Applicant Complete This Box: CITY OF ANYWHERE FEIN P.O. Box 0000 ST. OF ALA TAX # ANYWHERE, AL FORM OF 00000-0000 OWNERSHIP (CHECK ONE) (000) 111-2222 ____ Sole Prop. ____Partnership Fax (000) 111-2222 _____ Corporation ____ Prof. Assoc. ____ LLC ____ Other ________

Please Print or Type

SEE REVERSE SIDE FOR INSTRUCTION AND FURTHER INFORMATION

Application ______ ______ ______ _______ Type: New Owner Change Name Change Location Change

Legal Business Name:

___________________________

Trade Name (If different from above):

___________________________

Business Activities (Brief description - example, retail clothing sales, wholesale food sales, rental of industrial equipment, computer consulting, etc.):_________________

Physical Address (Street, City, State, Zip):

___________________________

Mailing Address (Street, City, State, Zip):

___________________________

Telephone (Bus., Fax, and Home):

Email address:

____________________________

Name/Phone # for Contact Person:

____________________________

List the Following for Owner(s), Partners, or Officers (Attach separate sheet if necessary) (if Officers, list only the top five): Name Residence Address SSN [if not publicly-traded company] Title ____ ____ ____ ____ ____ ____ ____ ____

Date Business Activity Initiated or Proposed in Anywhere

# of Employees in Anywhere

This application has been examined by me and is, to the best of my knowledge, a true and complete representation of the above named entity, and person(s) listed.

Date_____ Signature________

Title____________

THIS AREA FOR MUNICIPAL USE ONLY

ACCOUNT ID # ____________________

REVIEWED BY: ____________________

PHYSICAL LOCATION: CITY POLICE JURISDICTION OUTSIDE CORP LIMITS AND PJ

ZONING CLASSIFICATION

_______________________

BUILDING APPROVAL YES _____ NO ______ N/A

FIRE CODE

Tax types: _______ Sales/Seller’s Use ______ Consumer Use______ Rental_______Lodgings _______ Alcohol ________ Occupational __________ Tobacco _____ Gas/Motor Fuel ______ Business License ________

Tax Filing Frequency: Monthly ______ Quarterly _____ Annual _______ Other _______

Business Type:______ Retail ______ Wholesale______ Building Contractor _____Service ______ Professional _______ Manufacture ________Rental _______ Other ______

PLEASE READ THE FOLLOWING INFORMATION CONCERNING THE COMPLETION OF THIS FORM.

PLEASE COMPLETE ALL AREAS OF THE FORM EXCEPT FOR THE SHADED AREA AT THE BOTTOM.

FORM SHOULD BE TYPED OR PRINTED LEGIBLY.

FORM SHOULD BE DATED AND SIGNED BY AN OWNER, PARTNER, OR OFFICER OF THE BUSINESS.

FORM WILL INITIATE THE PROCESS FOR REGISTERING YOUR BUSINESS WITH THE MUNICIPALITY.

IF YOUR BUSINESS WILL HAVE A PHYSICAL LOCATION WITHIN THE MUNICIPALITY, PLEASE USE THAT ADDRESS ON THE FRONT OF THIS FORM. (Complete separate forms for each physical location in the municipality, if so required.)

AFTER COMPLETING THIS FORM IT CAN BE MAILED, SENT BY FAX, OR WHERE POSSIBLE, SENT BY ELECTRONIC MAIL TO THE MUNICIPALITY.

UPON RECEIPT OF THE COMPLETED FORM, THE MUNICIPALITY WILL PROVIDE ANY ADDITIONAL FORMS AND INFORMATION REGARDING OTHER SPECIFIC REQUIREMENTS TO YOU IN ORDER TO COMPLETE THE LICENSING PROCESS.

ALL LICENSE RENEWALS ARE DUE JANUARY 1 AND DELINQUENT AFTER JANUARY 31 (OR FEBRUARY 15), WITH THE FOLLOWING EXCEPTION:

INSURANCE COMPANY LICENSE

DUE JANUARY 1, DELINQUENT AFTER MARCH 1

This form is intended as a simplified, standard mechanism for businesses to initiate contact with a municipality concerning their activities within that municipality. A business license will be required prior to engaging in business. If a business intends to maintain a physical location within the municipality, there are normally zoning and building code approvals required prior to the issuance of a business license.

In certain instances, a business may simply be required to register with the municipality to create a mechanism for the reporting and payment of any tax liabilities. If that is the case, you will be provided the materials for that registration process.

The completion and submission of this form does not guarantee the approval or subsequent issuance of a license to do business. Any prerequisites for a particular type and location of the business must be satisfied prior to licensing.

SHOULD THERE BE ANY QUESTIONS CONCERNING THE COMPLETION OF THIS FORM OR THE LICENSING AND/OR REGISTRATION PROCESS, PLEASE CALL THE NUMBER ON THE FRONT OF THIS FORM TO OBTAIN MORE DETAILED EXPLANATION.
Ala. Code § 2-18-1 — Alabama Code / Title 2 / Chapter 18 / Section 2-18-1
Section 2-18-1 Promulgation of Rules and Regulations for Grading at Poultry Slaughtering, Dressing or Processing Plants or Establishments by State Board
Status: in_force

The State Board of Agriculture and Industries is authorized to promulgate and adopt rules and regulations providing for poultry meat grading at poultry slaughtering, dressing or processing plants or establishments to the end that consumers of poultry and poultry products may be supplied with a product which complies with the requirements of such rules and regulations and which may also comply with requirements of the federal government or any municipality receiving such poultry or poultry products or any state to which such poultry or poultry products may be shipped.
Ala. Code § 11-42-72 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-72
Section 11-42-72 Annexed Territory Subject to Laws and Ordinances of City; Jurisdiction of City Governing Body Over Annexed Territory
Status: in_force

All territory brought within the corporate limits of a city under the provisions of this article shall be subject to the laws and ordinances of said city, and the council or governing body of the city shall have and exercise the same jurisdiction over such territory as is exercised over the territory within the corporate limits of the city, except as by this article restricted and except as may be restricted by ordinance or resolution passed by the council or governing body of the city.
Ala. Code § 2-17-24 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-24
Section 2-17-24 Conduct of Investigations and Requirement of Reports as to Organization, Business, Practices, Etc., of Persons, Firms, Etc., Engaged in Intrastate Commerce by Commissioner; Access to Copying, Etc., of Documentary Evidence; Powers of Commissioner as to Witnesses Generally; Issuance of Subpoenas and Orders for Taking of Depositions; Enforcement of Subpoenas and Orders of Commissioner, Etc., Generally; Fees of Witnesses, Etc.; Witnesses Not to Be Excused from Testifying on Grounds of Self-Incrimination; Immunity from Prosecution of Witnesses as to Matters, Etc., Upon Which Compelled to Testify
Status: in_force

(a) The commissioner shall also have power:

(1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices and management of any person, firm or corporation engaged in intrastate commerce and the relation thereof to other persons, firms and corporations;

(2) To require, by general or special order, persons, firms and corporations engaged in intrastate commerce or any class of them or any of them to file with the commissioner in such form as he may prescribe annual or special or both annual and special reports or answers in writing to specific questions, furnishing to the commissioner such information as he may require as to the organization, business, conduct, practices, management and relation to other persons, firms and corporations of the person, firm or corporation filing such reports or answers. Such reports and answers shall be made under oath or otherwise as the commissioner may prescribe and shall be filed with the commissioner within such reasonable period of time as he may prescribe, unless additional time is granted in any case by the commissioner, and all such reports, answers or information shall be kept confidential by the commissioner, except that such may be used without claim of privilege in any judicial proceeding brought for the violation of any provision of this chapter or in which compliance with this chapter is sought to be enforced and in which the person, firm or corporation so furnishing such report, answers or information is involved as a party or as owner of any article or product involved in such judicial proceeding.

(b) For the purposes of this chapter, the commissioner shall at all reasonable times have access to for the purpose of examination and the right to copy any documentary evidence of any person, firm or corporation being investigated or proceeded against and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm or corporation relating to any matter under investigation. The commissioner may sign subpoenas and may administer oaths and affirmations, examine witnesses and receive evidence. Such attendance of witnesses and the production of such documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena the commissioner may invoke the aid of any court designated in Section 2-17-30 in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any of the courts designated in Section 2-17-30 within the jurisdiction of which inquiry is carried on may, in case of refusal to obey a subpoena issued to any person, firm or corporation, issue an order requiring such person, firm or corporation to appear before the commissioner or to produce documentary evidence if so ordered or to give evidence touching the matter in question, and any failure to obey such order or any such court shall be punished by such court as contempt thereof.

(c) Upon application of the Attorney General of this state at the request of the commissioner, the circuit courts of the several counties of this state shall have jurisdiction to issue writs of mandamus commanding any person, firm or corporation to comply with the provisions of this chapter or any order of the commissioner made in pursuance of this chapter.

(d) The commissioner may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commissioner and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commissioner as provided in this section.

(e) Witnesses summoned before the commissioner shall be paid the same fees and mileage that are paid witnesses in the courts of this state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts.

(f) No person, firm or corporation shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements or other documentary evidence before the commissioner or in obedience to the subpoena of the commissioner whether such subpoena be signed or issued by him or his delegate or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter or of any amendments thereto on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or it may tend to incriminate him or it or subject him or it to a penalty for forfeiture, but no person shall be prosecuted or subjected to any penalty for forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise; except, that any person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Ala. Code § 11-44-100 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-100
Section 11-44-100 Applicability of General State Laws as to Municipal Elections
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-21-25 — Alabama Code / Title 2 / Chapter 21 / Section 2-21-25
Section 2-21-25 Rules and Regulations
Status: in_force

(a) The commissioner, with the approval of the board, is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall, by regulations, adopt, unless he determines that they are inconsistent with the provisions of this chapter or are not appropriate to conditions which exist in this state, the following:

(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and

(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.); provided, that the commissioner, with the approval of the board, would have the authority under this chapter to promulgate such regulations.

(b) Before the issuance, amendment or repeal of any rule or regulation authorized by this chapter, the commissioner shall give adequate notice of the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties including all current licensees, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner, with approval of the board, shall take appropriate action to adopt and promulgate the proposed rule or regulation or to amend or repeal an existing rule or regulation. The provisions of this subsection notwithstanding, if the commissioner, pursuant to the authority of this chapter, adopts the official definitions of feed ingredient or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this chapter without regard to the publication of the notice required by this subsection, unless the commissioner, by order, specifically determines that said amendment or modification shall not be adopted.
Ala. Code § 11-51-90.2 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-90.2
Section 11-51-90.2 Purchase of Business License; Classification of Taxpayers; Vehicle Decals; Determination of Gross Receipts; Construction with Other Provisions
Status: reserved

(a) Every taxpayer required to purchase a business license under this chapter shall:

(1) Purchase a business license for each location at which it does business in the municipality, except as otherwise provided by the municipality.

(2) Except as provided in Section 11-51-193, with respect to taxpayers subject to state licensing board oversight, be classified into one or more of the following 2002 North American Industrial Classification System (“NAICS”) sectors and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder:

SECTOR NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep, chicken Gross Receipts and/or Flat Rate 113 Forestry and Logging Forestry, logging, timber Gross Receipts and/or Flat Rate 114 Fishing, Hunting, and Trapping Fishing, hunting, supplies and equipment Gross Receipts and/or Flat Rate 115 Support for Agriculture and Forestry Cotton ginning, farm management, post-harvest activities Gross Receipts and/or Flat Rate 211 Oil and Gas Extraction Oil, gas, extraction, natural gas, crude State Regulated [See, e.g. Section 40-20-2(c)] 212 Mining (except Oil and Gas) Mining activities Gross Receipts and/or Flat Rate Where not State Regulated 213 Support for Mining Activities Support activities for oil and gas wells Gross Receipts and/or Flat Rate Where not State Regulated 221 Utilities Utilities, gas, electric, water, sewage, steam State Regulated (See Section 11-51-129) 236 Building, Developing and General Contracting Construction, building, general, residential, subdivisions Gross Receipts and/or Flat Rate 237 Heavy Construction Construction, heavy construction, highway, bridge, street Gross Receipts and/or Flat Rate 238 Special Trade Contractors Construction, all special trades Gross Receipts and/or Flat Rate 311 Food Manufacturing Food manufacturing, animal, grain, fruit, dairy, meat, seafood Gross Receipts, Flat Rate, or Value of Goods Produced 312 Beverage and Tobacco Products Manufacturing Beverage manufacturing, soft drink, bottled water, breweries, ice Gross Receipts and/or Flat Rate Where Not State Regulated, or Value of Goods Produced 313 Textile Mills Mills, textile, fabric, yarn, carpet, canvas, rope, twine Gross Receipts, Flat Rate, or Value of Goods Produced 314 Textile Product Mills Other mill operations not covered in 313 Gross Receipts, Flat Rate, or Value of Goods Produced 315 Apparel Manufacturing Apparel manufacturing, hosiery, men, women, children, lingerie Gross Receipts, Flat Rate, or Value of Goods Produced 316 Leather and Allied Product Manufacturing Leather manufacturing, shoes, luggage, handbag, related products Gross Receipts, Flat Rate, or Value of Goods Produced 321 Wood Products Manufacturing Wood products, sawmills, wood, preservation, veneer, trusses, millwork Gross Receipts, Flat Rate, or Value of Goods Produced 322 Paper Manufacturing Paper manufacturing, pulp, paper, converted products Gross Receipts, Flat Rate, or Value of Goods Produced 323 Printing and Related Support Activities Printing, lithographic, screen, quick, digital, books, handbills Gross Receipts, Flat Rate, or Value of Goods Produced 324 Petroleum and Coal Products Manufacturing Petroleum manufacturing, asphalt, roofing, paving, grease Gross Receipts, Flat Rate, or Value of Goods Produced 325 Chemical Manufacturing Chemical manufacturing, wood, fertilizer, pesticide, paint, soap, other Gross Receipts, Flat Rate, or Value of Goods Produced 326 Plastics and Rubber Product Manufacturing Plastic and tire manufacture, pipe, hoses, belts, bottle, sheet, foam Gross Receipts, Flat Rate, or Value of Goods Produced 327 Nonmetallic Mineral Product Manufacturing Nonmetallic manufacturing, clay, glass, cement, lime, gypsum, other Gross Receipts, Flat Rate, or Value of Goods Produced 331 Primary Metal Manufacturing Metal manufacturing, iron, steel, aluminum, copper, other nonferrous Gross Receipts, Flat Rate, or Value of Goods Produced 332 Fabricated Metal Product Manufacturing Fabricated metal, cutlery, structural, ornamental, wire, machine shops Gross Receipts, Flat Rate, or Value of Goods Produced 333 Machinery Manufacturing Machinery manufacturing, farm, HVAC, office, industrial, engine, other Gross Receipts, Flat Rate, or Value of Goods Produced 334 Computer and Electronic Product Manufacturing Computers and electronics, peripherals, audio, video, circuit boards Gross Receipts, Flat Rate, or Value of Goods Produced 335 Electrical Equipment Appliance Component Manufacturing Electrical equipment, lighting, small appliance, battery, other Gross Receipts, Flat Rate, or Value of Goods Produced 336 Transportation Equipment Manufacturing Transportation manufacturing, auto, truck, trailer, motor home, ship, boat, motorcycle Gross Receipts, Flat Rate, or Value of Goods Produced 337 Furniture and Related Products Manufacturing Furniture manufacturing, cabinets, office furniture, beds, kitchen Gross Receipts, Flat Rate, or Value of Goods Produced 339 Misc. Manufacturing Misc. manufacturing, medical, dental, jewelry, sporting goods, toys, signs, all other Gross Receipts, Flat Rate, or Value of Goods Produced 421 Wholesale Trade, Durable Goods Wholesale trade-durable, motor vehicle, home furniture, machinery, equipment Gross Receipts and/or Flat Rate 422 Wholesale Trade, Non-Durable Goods Wholesale trade-nondurable, paper, apparel, grocery, dairy, farm, beverages Gross Receipts and/or Flat Rate 441 Motor Vehicle and Parts Dealer Motor vehicles, automobiles, motorcycles, boats, parts, accessories Gross Receipts and/or Flat Rate 442 Furniture and Home Furnishing Stores Furniture stores, home, floor, furnishings, window, special products Gross Receipts and/or Flat Rate 443 Electronics and Appliance Stores Electronic and appliance store, household, radio, television, computer Gross Receipts and/or Flat Rate 444 Building Material and Gardening Equipment Dealers Building materials, hardware, paint, home center, wallpaper Gross Receipts and/or Flat Rate 445 Food and Beverage Stores Food and beverage stores, grocery, convenience, markets, liquor, beer Gross Receipts and/or Flat Rate Where Not State Regulated 446 Health and Personal Care Stores Health and personal care stores, drug, cosmetic, optical, health food Gross Receipts and/or Flat Rate 447 Gasoline Stations Gasoline stations, filling stations Gross Receipts and/or Flat Rate Based on No. of Dispensers 448 Clothing and Accessories Stores Clothing stores, men’s, women’s, children, infants, shoe, jewelry, luggage Gross Receipts and/or Flat Rate 451 Sporting Goods, Hobby, Book, Music Sporting goods stores, hobby, toy, fish, gun, music, books Gross Receipts and/or Flat Rate 452 General Merchandise General merchandise stores, department, warehouse clubs, superstores Gross Receipts and/or Flat Rate 453 Miscellaneous Store Retailers Misc. store retailers, florist, gift, novelty, used, pets, art, tobacco Gross Receipts and/or Flat Rate 454 Nonstore Retailers Nonstore retailers, electronic shopping, mail order, vending, direct selling Gross Receipts and/or Flat Rate 481 Air Transportation Air transportation, airline tickets, shipping, freight, charters Gross Receipts and/or Flat Rate Where Not State Regulated 482 Rail Transportation Rail transportation, ticket offices, short line, freight State Regulated and/or Flat Rate 483 Water Transportation Water transportation, coastal, freight, inland, passenger, forwarders Gross Receipts and/or Flat Rate Where Not State Regulated 484 Truck Transportation Truck transportation, terminal, local, long-distance, freight Gross Receipts and/or Flat Rate Where Not State Regulated 485 Transit and Ground Passenger Transportation Ground transportation, bus, taxi, limousine, charter, buggy Gross Receipts and/or Flat Rate 487 Scenic and Sightseeing Transportation Scenic and sightseeing, land, water, air, special Gross Receipts and/or Flat Rate 492 Couriers and Messengers Couriers and messengers, services, delivery Gross Receipts and/or Flat Rate 493 Warehousing and Storage Warehouse and storage, household, refrigerated, distribution, special Gross Receipts, Flat Rate or Square Feet 511 Publishing Industries (except Internet) Publishing, newspapers, periodicals, databases, software Gross Receipts and/or Flat Rate 512 Motion Picture and Sound Recording Industry Motion pictures and videos, theatres, recording, studios, drive-in Gross Receipts and/or Flat Rate 515 Broadcasting (except Internet) Broadcasting and radio, TV Gross Receipts and/or Flat Rate Where Not State Regulated 516 Internet Publishing and Broadcasting Publications or broadcasting for Internet only Gross Receipts and/or Flat Rate Where Not State Regulated 517 Telecommunications Providing, access to facilities for voice, data, text, sound and/or video Gross Receipts and/or Flat Rate Where Not State Regulated 519 Information Services and Data Processing Providing, storing, processing, and providing access to information Gross Receipts and/or Flat Rate 522 Credit Intermediation and Related Activities Credit companies and activities related to credit and mediation of credit Gross Receipts and/or Flat Rate Where Not State Regulated. Banks and savings and loan associations are state regulated and are subject to the license tax authorized under Section 11-51-130 and under Section 11-51-131, respectively. 523 Securities, Commodity, Other Financial Products Insurance companies, life, health, accident, and all other Gross Receipts and/or Flat Rate Where Not State Regulated 524 Insurance Carriers and Related Activities Insurance companies, fire, marine, and fire casualty State Regulated 525 Funds, Trusts, Other Financial Vehicles Funds, plans, and/or programs organized to pool securities or other assets for others, other than the Alabama Municipal Funding Corporation Gross Receipts and/or Flat Rate Where Not State Regulated 531 Real Estate Real estate, offices, agents, brokers, developers Gross Receipts and/or Flat Rate Where Not State Regulated 532 Rental and Leasing Services Rental and leasing, auto, truck, equipment, tangible property Gross Receipts and/or Flat Rate 541 Professions, Scientific, Technical Services Attorney, doctor, dentist, architect, engineer, vet, other professions Gross Receipts for outdoor/billboard advertising; otherwise flat rate and/or gross receipts 551 Management of Companies and Enterprises Management of companies and enterprises, offices, regional, corporate Gross Receipts and/or Flat Rate Where Not State Regulated. For purposes of this chapter only, bank holding companies are state regulated and are subject only to the license tax amount authorized under Section 11-51-130(a)(12). 561 Administrative and Support Services Administrative and support services, office, employment, answering, travel Gross Receipts and/or Flat Rate Where Not State Regulated 562 Waste Management and Remediation Services Waste management, services, landfill, septic tank, companies, trucks Gross Receipts and/or Flat Rate Where Not State Regulated 611 Educational Services Educational services, business, secretarial, computer, technical, sports, other Gross Receipts and/or Flat Rate Where Not State Regulated 621 Ambulatory Health Care Services Health care services, mental, outpatient, HMO, diagnostic, blood, dialysis, other Gross Receipts and/or Flat Rate 622 Hospitals Hospitals, surgical, substance abuse, psychiatric, specialty Gross Receipts and/or Flat Rate Based on No. of Patients or Beds 623 Nursing and Residential Care Facilities Nursing and residential care facilities, elderly, day care, assisted living Gross Receipts and/or Flat Rate 624 Social Assistance Social assistance, child, shelters, vocational, emergency Gross Receipts and/or Flat Rate Where Not State Regulated 711 Performing Arts, Spectator Sports Arts and sports, dance, musical, spectator, teams, tracks, promoters, agents Gross Receipts and/or Flat Rate 712 Museums, Historical Sites and Similar Museums, historical sites, zoos, botanical gardens, parks, special sites Gross Receipts and/or Flat Rate 713 Amusement, Gambling and Related Amusement and recreation, gambling, theme, arcade, golf, marinas, fitness Gross Receipts and/or Flat Rate Where Not State Regulated 721 Accommodations Accommodations, hotel, travel, bed-and-breakfast, rooming houses, motel Gross Receipts and/or Flat Rate 722 Food Services and Drinking Places Food service and drinking places, restaurant, caterers, bar, lounge, club Gross Receipts and/or Flat Rate 811 Repair and Maintenance Repair and maintenance, automotive, electronic, commercial, residential, other Gross Receipts and/or Flat Rate 812 Personal and Laundry Services Personal care services, hair, nail, skin, barber, beauty, diet, tanning, funerals Gross Receipts and/or Flat Rate 910 Category for: Vending machines, pool tables, amusement devices, etc. Gross Receipts and/or Flat Rate 920 Category for employees: Employees: as in number of employees used in license calculation Gross Receipts, Flat Rate or Number of Employees 930 Category for square feet: Square feet used for warehousing, large buildings, and other types Gross Receipts, Flat Rate or Number of Square Feet 923 Administration of Human Resource Programs General Category Gross Receipts and/or Flat Rate Where Applicable 924 Administration of Environmental Quality Programs General Category Gross Receipts and/or Flat Rate Where Applicable 925 Administration of Housing, Urban, Comm. General Category Gross Receipts and/or Flat Rate Where Applicable 926 Administration of Economic Programs General Category Gross Receipts and/or Flat Rate Where Applicable 927 Space Research and Technology General Category Gross Receipts and/or Flat Rate Where Applicable 928 National Security and International Affairs General Category Gross Receipts and/or Flat Rate Where Applicable 999 Unclassified Establishments General Category Gross Receipts or Flat Rate, Where Not State Regulated

(3) Notwithstanding any provision of this chapter to the contrary, a business license is not required for a person travelling through a municipality on business if the person is not operating a branch office as provided in Section 11-51-90, or doing business in the municipality.

(b) The taxing jurisdiction’s basis for determination of the business license tax for each sector shall correspond with the basis specified in subsection (a), such as gross receipts, flat rate, number of employees, or square footage. Provided, however, with respect to machines and other devices described in Sector 910 above, the municipality, in addition to a gross receipts-based or flat rate license, may require the taxpayer to purchase a decal for each machine or device located within the municipality. The charge for such decal shall not exceed the municipality’s actual cost of the decal. Provided further, the taxing jurisdiction shall have authority to issue one license, rather than multiple licenses, to a business in accordance with the taxing jurisdiction’s business license ordinance. To the extent that subsection (a) indicates that a business activity described in an NAICS sector is fully or partially state regulated, no taxing jurisdiction shall have authority to impose a business license tax in excess of the amount otherwise authorized by state law on the state regulated portion of such sector.

(c) The measure of a municipal business license based on gross receipts shall be based on the taxpayer’s gross receipts for the license year next preceding the current license year unless the taxpayer first began doing business in the municipality during the current license year, in which event the gross receipts shall be projected by the taxpayer for the remaining portion of the current license year. If the taxpayer’s actual gross receipts for the short license year are either more or less than projected, the taxpayer’s annualized gross receipts used in calculating its business license tax liability for the following license year shall be increased or decreased, respectively, by the amount of the difference. When annualizing the gross receipts for the short license year, the amount of the gross receipts projected by the taxpayer shall be divided by the number of full months the taxpayer was in business in the municipality and multiplied by 12; provided that each taxpayer shall be deemed to have been in business in the municipality for a minimum of one month for purposes of this calculation. If the taxpayer employs a fiscal year for federal and state income tax purposes, the taxpayer’s gross receipts may be determined, at the option of the taxpayer, from the federal income tax return of the taxpayer for the fiscal year next preceding the current license year, provided that the gross receipts reported thereon reasonably reflect the financial condition of the taxpayer as of the December 31 next preceding the current license year, and the taxpayer so notifies the municipality either prior to or simultaneously with filing the first business license remittance form using fiscal year data. The taxpayer’s use of fiscal year data, as provided above, shall constitute an irrevocable election to use fiscal year data with respect to the current and subsequent business license years unless the governing body of the municipality or its director of finance or other chief revenue officer or his or her designee consents otherwise. Provided, however, that nothing in this subsection shall prohibit a municipality from doing any of the following:

(1) Creating one or more sub-sectors in each of the NAICS sectors listed in subsection (a) above, subject to the limitations regarding the basis for license calculation and subsections (e) and (f) below.

(2) Levying and collecting any municipal tax, other than an annual business license, that now exists or that may hereafter be adopted pursuant to Section 11-51-90 or some other provision of state law, including, but not limited to, lodgings taxes, alcoholic beverage taxes, gasoline and motor fuel taxes, tobacco taxes, leasing or rental taxes, occupational taxes, sales and use taxes, and gross receipts taxes in the nature of a sales tax.

(3) Allowing or requiring a taxpayer to purchase a minimum business license with respect to the short license year following 90 days of operations in the municipality, based on the amount which bears the same relationship to the actual amount of gross receipts during such preceding license year as the entire license year bears to the number of days during which the taxpayer was operating during such preceding license year. If the taxpayer did not commence operations until after the first day of the calendar year, the municipality may by ordinance require the taxpayer to remit the business license tax at the end of such 90 day period, or on December 31 of the current license year, whichever occurs first.

(d) For purposes of subsection (a), the terms “state regulated” or “where not state regulated,” when used with reference to a business listed in one of the NAICS sectors and any subsequently created sub-sector, mean and refer to other provisions of the Code of Alabama 1975, that deal with or limit the taxation of the respective business by municipalities, none of which are amended or repealed by Act 2006-586.

(e) Notwithstanding anything in this chapter to the contrary, the licenses authorized by Sections 11-51-130 and 11-51-131 are in lieu of any other business licenses authorized by this chapter, and banks and savings and loan associations subject to either of those sections are not subject to the business license taxes otherwise authorized by this chapter, regardless of whether one or more NAICS sectors or sub-sectors describe or include any business or activity of such bank or savings and loan association. Any municipal business license tax applicable to a bank holding company, as defined in Section 5-13B-2(f), shall not exceed the amount set forth in the schedule provided for banks under Section 11-51-130(a)(12). Provided, however, if a bank holding company is engaged in additional lines of business that do not fall within NAICS Sectors 551 or 522 and which are not considered financial in nature, as defined under federal banking law, the bank holding company shall take out and pay for a business license for each additional line of business so assessed by the municipality; provided further that for each separate additional business license, the gross receipts taxable under such license shall be only those gross receipts of the bank holding company which arise under the license for the respective additional line of business and not from a financial activity, as defined under federal banking law, or from an activity within NAICS Sector 551 or 522. This subsection (e) shall not apply to any subsidiary of a bank or savings and loan association.

(f) Notwithstanding any provision of this chapter to the contrary, each of the several municipalities in this state may annually assess and collect from each utility or other entity described in Section 11-51-129 only one municipal business license tax for all lines of business classified in NAICS Sector 221, and the levy, collection, and assessment of the single business license tax shall be subject to the provisions and limitations of Section 11-51-129 and Section 11-51-90.1. If any such utility or entity described in Section 11-51-129 is engaged in one or more additional lines of business that do not fall within NAICS Sector 221, and if the additional line of business of such utility or other entity is so assessed by the municipality, then the utility or other entity shall take out and pay for a business license for that additional line of business, even if the utility or other entity does not meet the requirement in Section 11-51-95 that it must derive more than 10 percent of its gross receipts from the business falling within the NAICS sector during the preceding license year; provided however, that for each separate, additional business license, the gross receipts taxable under such license shall be only those gross receipts of the utility or other entity from business done within the municipality and which arise within the line of business which is the subject of the respective license.
Ala. Code § 2-15-130 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-130
Section 2-15-130 Short Title
Status: in_force

This article shall be known and cited as the Alabama Livestock Dealers’ Financial Responsibility Act.
Ala. Code § 11-50-172 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-172
Section 11-50-172 Provision by Transferor for Payment of Outstanding Bonds, Mortgages, Indentures, Etc
Status: in_force

If there are outstanding any bonds, mortgages, indentures, resolutions, or other obligations, including revenue bonds or other securities, payable from or secured by a pledge of the revenues or earnings of or constituting a lien upon the water system or systems proposed to be transferred and conveyed under the provisions of this article, the public corporation proposing to make such transfer and conveyance:

(1) Shall make provision for the assumption by the transferee public corporation of the due and prompt payment of the principal of and interest on such bonds or other obligations and the due and prompt performance of all other agreements and conditions in the manner authorized by such outstanding bonds, mortgages, indentures, resolutions, or other obligations, or

(2) In the absence of any such authorization or, at the election of the transferor and transferee public corporations, shall make provision for the payment thereof satisfactory to any one or more banks or trust companies named as trustee or serving as such trustee under such mortgage, indenture, or resolution or, if there is no such trustee, to the bank or trust company serving as paying agent of such bonds or other securities, by establishing with such bank or trust company, as trustee, an irrevocable trust fund consisting of cash or interest-bearing general obligations of the United States of America or both to provide for the payment and retirement of all such bonds and other securities and the interest thereon.
Ala. Code § 2-3A-9 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-9
Section 2-3A-9 Proceeds from Sale of Bonds
Status: in_force

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the establishment of reserve funds as security for the payment of the principal of (and premium, if any) and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to (i) the fiscal, consulting, legal and other expenses incurred in connection with the issuance of the bonds, and (ii) except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.
Ala. Code § 11-41-21 — Alabama Code / Title 2 / Chapter 41 / Section 11-41-21
Section 11-41-21 Petition to Probate Judge for Dissolution
Status: in_force

Three-fourths of the qualified voters residing within the corporate limits of any municipal corporation having a population of 1,100 inhabitants or less may, in writing, petition to the probate judge of the county in which the same is situated for a dissolution of such corporation.
Ala. Code § 2-10-59 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-59
Section 2-10-59 Regular and Special Meetings of Members
Status: in_force

In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and 10 percent of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purpose thereof, shall be mailed to each member at least 10 days prior to the meeting, but the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
Ala. Code § 2-8-21 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-21
Section 2-8-21 Enforcement Duties of Commissioner; Revocation of Certification of Association
Status: in_force

It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and collect the assessment charges levied upon the sale of agricultural commodities under the provisions of this article and to enforce the rules and regulations of the State Board of Agriculture and Industries relative thereto. The State Board of Agriculture and Industries shall have authority at any time to revoke or cancel any approval or certification of an association in the event it finds that such association is not carrying out its promotional program in accordance with the provisions of this article and rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the State Board of Agriculture and Industries upon the question of whether its certification should be revoked.
Ala. Code § 11-44B-13 — Alabama Code / Title 2 / Chapter 44B / Section 11-44B-13
Section 11-44B-13 Persons Holding Administrative Offices Continued in Office until Other Provisions Made; Powers and Duties of Abolished Offices, Etc.; Certain Offices, Etc., Deemed Continued; References to Existing Offices, Etc., in Laws, Contracts, Etc
Status: in_force

All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their duties until provisions shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office subject to any existing civil service law. The powers conferred and the duties imposed upon any office, department, board, or agency of the municipality by the laws of the state shall, if such office, department, board, or agency be abolished by this article, or under its authority, be thereafter exercised and discharged by the office, department, board, or agency designated by the council unless otherwise provided herein.

Any office, department, board, or agency provided for in this article with a name or with powers and duties the same or substantially the same as those of the office, department, board, or agency heretofore existing and the persons holding those offices, shall be deemed a continuation of such office, department, board, or agency and, until otherwise provided, shall exercise his powers and duties in continuation of their exercise by the office, department, board, or agency by which the same were heretofore exercised, and until otherwise provided, shall have power to continue any business proceeding or other matter within the scope of his regular powers and duties commenced by any office, department, board, or agency by which such powers and duties were heretofore exercised. Any provisions in any law, rule, regulation, contract, or other document relating to such an existing office, department, board, or agency shall, so far as not inconsistent with the provisions of this article, apply to such office, department, board, or agency provided for by this article.
Ala. Code § 11-66A-2 — Alabama Code / Title 2 / Chapter 66A / Section 11-66A-2
Section 11-66A-2 Legislative Findings and Intent. (Amended by Act 2026-550)
Status: in_force

AMENDED BY ACT 2026-550, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The Legislature finds and determines the public good, welfare, and economy of the state are best served by providing and encouraging the development, growth, improvement, and support of new and creative economic opportunities for existing and future qualified enterprises to establish and continue projects in this state for innovative processes and products. These include specifically those business sectors expressly identified in Accelerate Alabama 2.0, the strategic economic development plan developed by the Department of Commerce.

(b) In furtherance of subsection (a) the legislative intent and public purpose of this chapter is:

(1) To provide authority to municipalities for the creation of research and development corridors with corporate authority and power to provide, in the discretion of the corridors, its resources; and

(2) To provide authority to public entities to provide public resources to, or for the benefit of, corridors.
Ala. Code § 22-52-52 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-52
Section 22-52-52 Discharge of Individual Admitted Voluntarily - Generally
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 11-44-41 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-41
Section 11-44-41 Elections for Office of Commissioner - Manner of Voting; Majority of Votes Required
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-44E-220 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-220
Section 11-44E-220 Effect of Chapter on Existing Law
Status: in_force

All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force when this chapter shall take effect, are hereby continued in effect; but all such laws relating to the exercise of powers, functions, and duties by the preceding other form of government shall be superseded to the extent that the same are inconsistent with the provisions of this chapter.
Ala. Code § 2-13-121 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-121
Section 2-13-121 Ballots; Poll Holders; Declaration of Results
Status: in_force

The state ADA and Alabama Farmers Dairy Division shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within 10 days thereafter shall canvass and publicly declare the result of such referendum.
Ala. Code § 11-40-68 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-68
Section 11-40-68 Foreclosure Sale; Form of Deed. (Amended by Act 2026-361)
Status: in_force

AMENDED BY ACT 2026-361, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Following the hearing and order of the court in accordance with Section 11-40-66, the court shall cause a sale of the real property to be advertised and conducted by the court in a manner similar to that procedure contemplated by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the order of the court.

(b) Except as otherwise authorized by law, the minimum bid price for the sale of the real property shall be the redemption amount.

(1) In the absence of any bid higher than the minimum bid price, the court or its designee shall bid in for the real property on behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price, thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section 11-40-66.

(2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered as a credit bid for that part of the minimum bid price equal to the municipal code lien payoff as defined in this article. If the minimum bid price bid in by the Class 2 municipality includes a tax payoff amount as defined in this article, the Class 2 municipality shall tender the amount of the tax payoff to the court, which, together with the municipal code lien payoff, shall satisfy the full amount of the minimum bid price.

(c) Payment of the winning bid shall be due immediately after the sale is conducted. The proceeds of the foreclosure sale shall be distributed in the following manner:

(1) If the purchaser is a party other than the Class 2 municipality, the court or its designee shall deposit with the Class 2 municipality the amount of the proceeds equal to the municipal code lien payoff, less any costs incurred or fees charged by the office of the judge of probate.

(2) If the purchaser is the Class 2 municipality, then the Class 2 municipality shall tender to the court an amount equal to any costs incurred by the court that are included in the amount of the municipal code lien payoff.

(3) If the minimum bid price includes a tax payoff amount, the court shall deposit the amounts paid with the appropriate parties in accordance with the following Sections 40-5-10, 40-10-128, 40-10-129, and 40-10-193, and any applicable local acts.

(4) In the event that the foreclosure sale price exceeds the minimum bid price at the foreclosure sale, the surplus shall be distributed by the court to the interested parties, including the owner, as their interests appear and in the order of priority in which their interests exist.

(d) Upon deposit with the appropriate parties by the court of the tax payoff amounts, if any, described in subsection (c)(3), any and all rights of redemption accorded to interested parties under Title 40, Chapter 10 or under this title, Chapter 51, are extinguished.

(e) From and after the moment of the sale, the sale shall be final and binding.

(f) Within 90 days following the date of the sale, the court shall cause to be executed a deed to the real property identified in the petition. Upon execution, the court shall cause the deed to be recorded with the office of the judge of probate.

(g) Within 90 days following the date of the sale, the Class 2 municipality shall file a report of the sale with the clerk of the circuit court, which report shall identify whether a sale took place, the foreclosure sale price, and the identity of the purchaser.

(h) The form of the deed provided for in subsection (e) shall be substantially as follows:

When recorded please return to: Cross-reference:

_________________________ Deed Book ____, Page

_________________________ _______ County, Alabama Records

STATE OF ALABAMA

COUNTY OF __________

JUDICIAL IN REM FORECLOSURE DEED

This indenture (the “deed”) made this _____ day of _____, _____, by and between _____, a _____ (“grantor”) and _____, a _____ (“grantee”).

WITNESSETH

WHEREAS, on the _____ day of _____, _____, during the legal hours of sale, grantor did expose for sale at public outcry to the highest bidder for cash before the courthouse door in _____ County, Alabama, the property (as hereinafter defined) at which sale grantee was the highest and best bidder for the sum of $_____ and the property was then and there sold to grantee for the sum. The sale was made by grantor pursuant to and by virtue of the power and authority granted to it in that certain order of the court granted _____, _____, Case No. _____, Circuit Court of _____ County, Alabama, (the “order”). Said sale was made after advertising the time, place, and terms thereof in the _____, published in _____, Alabama, in the aforesaid county, and being the publication in which the [Class 2 municipality’s] advertisements for the county are now published, once a week for three consecutive weeks prior to the sale on the _____, _____, _____, and _____ of _____, _____, and the advertisement in all respects complied with the requirements of Section _____ of the Code of Alabama 1975. Notice of the time, place, and terms of the sale of the property was given pursuant to Section _____ , Code of Alabama 1975. Sale was made for the purpose of paying the municipal code lien(s) owed to _____, the interest and penalties on the indebtedness, the expenses of the sale including attorneys’ fees, all of which were mature and payable because of failure of the owner to pay the amount owed and reflected in the municipal code lien.

NOW, THEREFORE, grantor, acting under and by virtue of the order and pursuant to Section _____, Code of Alabama 1975, for and in consideration of the facts hereinbefore recited, has bargained, sold, and conveyed and does hereby bargain, sell, and convey unto grantee, its successors and assigns, the following described property (herein referred to as the “property”); to wit:

All that tract or parcel of land lying and being in Land Lot _____ of the _____ District, _____ County, Alabama, and being more particularly described on Exhibit “A” attached hereto and by this reference made a party hereof.

This deed is given subject to all restrictions, easements, rights-of-way, declarations, and covenants, if any, to which the deed is junior and inferior in terms of priority.

TO HAVE AND TO HOLD, the property unto grantee, its successors and assigns in fee simple.

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, this ______ day of _____________________, 20_____.

____________________________

Judge of the Circuit Court of ______ County

THE STATE OF ALABAMA,

__________________________ COUNTY.

I, _______________________________, a ____________________ in and for the County, in the State of Alabama, hereby certify that _________________________ whose name as Judge of the Circuit Court of ________ County is signed to the foregoing conveyance and who is known to me, acknowledged before me, on this day, that, being informed of the contents of this conveyance, he or she, in his or her capacity as Judge of the Circuit Court of ___________ County, executed the same voluntarily, on this day.

Given under my hand, this _______ day of _________________________, 20______.

_____________________

EXHIBIT

Description of the Property

Together with all right, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the municipal code lien being foreclosed.
Ala. Code § 11-50-32 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-32
Section 11-50-32 Rights and Powers of Foreign Municipal Corporations to Contract with Persons, Municipal Corporations, Etc., Within State for Water Supply
Status: in_force

Such foreign municipal corporations, in connection with the development of a public water supply from this state, shall have the right, power, and authority to contract with any person or persons, municipal corporation, or private corporation located in this state for a supply of water, upon such terms as may be mutually satisfactory and not repugnant to the Constitution and laws of this state, in the same manner and to the same extent as an individual or private corporation may contract for such water supply.
Ala. Code § 11-65-18 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-18
Section 11-65-18 Application for Operator’s License
Status: in_force

Depending upon the licensing authority granted a commission by elections held pursuant to subsection (a) or (b) of Section 11-65-4, a commission shall be empowered to grant operator’s licenses for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel wagering thereon. Any corporation, partnership, or other business entity desiring to obtain (i) an operator’s license to conduct horse racing and pari-mutuel wagering thereon at a racing facility located in the commission municipal jurisdiction or (ii) an operator’s license to conduct greyhound racing and pari-mutuel wagering thereon at a racing facility located in the commission municipal jurisdiction, either through issuance of such license by a commission or transfer of an outstanding license, shall file with the appropriate commission an application for such license. Such application may, but need not, be made in conjunction with an application for a horse racing facility license. Operator’s licenses shall separately authorize only the designated activity for which they were issued, but operator’s licenses for both horse racing and greyhound racing may be granted to the same licensee. Applications for both kinds of licenses may be submitted by an applicant at the same time, and in such case the commission shall review and decide both applications together. An application for an operator’s license shall be filed at the time and place prescribed by the commission and shall be in such form and contain such information as may be prescribed by the commission, including the following: (1) A statement identifying the kind of license for which application is being made, whether for horse racing and pari-mutuel wagering thereon or greyhound racing and pari-mutuel wagering thereon, which statement may simply result from the use of the application form prescribed by the commission for the license in question; (2) The name and address of the applicant; if a corporation, the state of its incorporation and the full name and address of each officer and director thereof; if a foreign corporation, whether it is qualified to do business in the state; and if a partnership or joint venture, the name and address of each general partner thereof; (3) The name, and every address for the period of five years immediately preceding the date of such application, of each stockholder or member of such corporation, or each general partner of such partnership or joint venture, and of each person who has contracted for a financial interest in the applicant or the racing facility where the racing and wagering activities of the applicant will be conducted, whether such interest will be an ownership or a security interest, and the nature and value of such interest, and the name and address of each person who has agreed to lend money to the applicant; provided that if the applicant proposes to arrange further financing, subsequent to the award of an operator’s license, through a sale of stock, partnership interests, or other equity interest, the issuance of debt securities, the entering into of financing leases, or otherwise borrowing money, then, in such case, the commission may grant an operator’s license which sets forth conditions to be met in arranging such further financing or which reserves to such commission the right to approve any or all aspects of such further financing; (4) Such information as the commission deems appropriate regarding the character and responsibility of the applicant and the members, partners, stockholders, officers, and directors of the applicant; (5) The location and description of the racing facility where the applicant proposes to conduct the activity covered by the operator’s license for which application is being made; provided that the commission may require such information about such facility and the location thereof, including preliminary architectural plans, as it deems necessary and appropriate to determine whether such facility is suitable and complies with the standards established by the commission pursuant to this chapter, and whether the conduct of horse racing and pari-mutuel wagering thereon or greyhound racing and pari-mutuel wagering thereon, as the case may be, at such location would be in the best interests of the people of the state; (6) Such information relating to the business experience and financial responsibility of the applicant as the commission deems appropriate; and (7) Any other information which the commission in its discretion deems appropriate. Anything contained in this section to the contrary notwithstanding, an applicant shall not be required to disclose, in connection with an application for an operator’s license, any confidential financial information, or any information concerning the exact percentage of ownership interests in such applicant held by various persons, that it would be entitled, as a licensee of the commission, to keep confidential under the provisions of subdivision (10) of Section 11-65-10, and to the extent that any such information is furnished to the commission by such applicant, or otherwise comes into the possession of the commission, it shall be kept confidential and shall be protected from public disclosure to the same extent as confidential information concerning a licensee is required to be protected from public disclosure pursuant to said subdivision (10).

Any application for the issuance or transfer of an operator’s license, whether for horse racing or greyhound racing, shall be verified by the oath or affirmation of an officer of the applicant and shall be accompanied by a nonrefundable fee of $10,000.00.
Ala. Code § 2-8-150 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-150
Section 2-8-150 Legislative Purpose and Intent
Status: in_force

It is hereby declared to be in the interest of the public welfare of the State of Alabama that owners or others in possession of hens for the production of eggs and egg products shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, processors or others who purchase hens and with the Commissioner of Agriculture and Industries and the State Board of Agriculture and Industries in promoting and stimulating, by research, education, advertising and other methods, the increased and more efficient and economical production, marketing and use of eggs and egg products. Accordingly, the intent and purpose of this article is to authorize and provide a method and procedure for a promotional program for the segment of the poultry industry in Alabama engaged in the production and sale of eggs and egg products and the financing thereof pursuant to authority of Amendment 214 to the Alabama Constitution of 1901.
Ala. Code § 11-52-4 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-4
Section 11-52-4 Municipal Planning Commission - Chairman and Other Officers; Meetings; Adoption of Rules of Procedure; Maintenance of Record of Resolutions, Transactions, Etc
Status: in_force

The commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of office of the chairman shall be one year, with eligibility for reelection. The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.
Ala. Code § 11-44G-2 — Alabama Code / Title 2 / Chapter 44G / Section 11-44G-2
Section 11-44G-2 Procedures in Event of Vacancy - Mayor
Status: in_force

(a)(1) In the event of the absence or disability of the mayor in any Class 7 or Class 8 municipality, the functions of the office shall be exercised by the chair pro tempore of the city council and, during his or her absence or disability, by such person as the city council may appoint from its membership, which appointment shall be entered upon the minutes of the city council.

(2) In the event of a vacancy from any cause in the office of mayor, the city council shall fill the vacancy either from its own membership or from without the membership of the city council. The person elected by the city council to fill the vacancy in the office of mayor shall be a qualified elector in the municipality and shall meet all other legal qualifications required by law for the performance of the duties of the office to which elected.

(3)a. In the event a vacancy in the office of mayor is not filled within 60 days after it occurs in a Class 7 or Class 8 municipality, each existing city council member may submit a name to the Governor for appointment. If the Governor fails to make an appointment from any submitted names within 90 days after the vacancy occurs, the judge of probate shall call a special election to fill the vacancy.

b. In the event the Governor is unable or unwilling to make the appointment within the time period provided, he or she shall immediately notify the judge of probate of the county.

c. Any election called pursuant to this section shall be conducted pursuant to Chapter 46 of this title.

d. In the event more than one vacancy exists in the office of city council member or in the office of mayor, or both, all vacancies shall be filled in the same manner.

(4) In any election held pursuant to this subsection, only qualified electors who are residents of the municipality shall be eligible to vote and shall present proof of identification to the pollworkers before casting a vote. The identification may be in the form of a valid Alabama driver’s license or some other form of identification that confirms a permanent address in the city where the vote is to be cast. Other forms of identification may include, but are not limited to, a credit card, birth certificate, food stamp card, Social Security card, check cashing card, library card, passport, school record, work identification record, school identification, certified copy of a marriage license, any form of governmentally-issued identification, or Medicaid, Medicare, or welfare identification.

(b) This section shall not apply to cities operating under commission form of government.

(c) This section shall not apply to Class 7 or 8 municipalities which have a population of 12,000 or more inhabitants according to the most recent federal decennial census. These municipalities shall fill vacancies in the office of mayor pursuant to subsection (a) of Section 11-43-42.
Ala. Code § 11-62-3 — Alabama Code / Title 2 / Chapter 62 / Section 11-62-3
Section 11-62-3 Application for Authority to Form Corporation; Adoption of Resolution by Governing Body Authorizing Incorporation; Execution, Acknowledgement, Filing, Recordation and Contents of Certificate of Incorporation; Effect of Granting of Authority for Incorporation Upon Incorporation of Other Such Corporations
Status: in_force

(a) By proceeding in the manner set forth herein, any number of natural persons, not less than three, may incorporate a special care facilities financing authority in any municipality of the state. Such authority shall be organized as a public corporation and instrumentality of the state with the powers hereinafter set forth. The incorporators shall first file with the governing body of such municipality a written application seeking permission to incorporate such authority, which application shall be accompanied by a proposed form of certificate of incorporation for such authority and such supporting documents or evidence as the incorporators may consider appropriate to show the need for such authority. The said governing body shall consider the said application and shall find and determine whether it is wise, expedient, necessary, or advisable that the authority be formed; if the said governing body finds and determines that it is not wise, expedient, necessary, or advisable that the authority be formed, it shall deny the application, but if it finds and determines that it is wise, expedient, necessary, or advisable that the authority be formed and if it approves the proposed form of the certificate of incorporation of the authority, the governing body shall adopt a resolution declaring that it has reviewed the application and has found and determined as a matter of fact that it is wise, expedient, necessary, or advisable that the authority be formed and declaring that it has approved the proposed form of certificate of incorporation of the authority. No authority shall be formed hereunder unless the application required by this section shall be made and unless a resolution for which provision is made in this section shall be adopted.

(b) Within 40 days following the adoption of a resolution in accordance with this section, the incorporators shall proceed to incorporate the authority by filing for record, in the office of the judge of probate of the county in which the determining municipality is located or, in case the determining municipality is located in more than one county, in the office of the judge of probate of any county in which any part of the determining municipality is located, a certificate of incorporation in the form approved by the governing body of the determining municipality, which certificate shall also comply in form and substance with the requirements of this section and shall be executed in the manner hereinafter provided.

(c) The certificate of incorporation of any authority shall state:

(1) The names of the persons forming the authority, together with the address of the residence of each thereof, that each of them is a resident of and an owner of real property in the determining municipality and that each of them is a duly qualified elector of the determining municipality;

(2) The name of the authority, which shall include the words, “special care facilities financing authority” and the name of, or other reference to, the determining municipality;

(3) The duration of the corporate existence of the authority (if the duration is to be perpetual, subject to the provisions of Section 11-62-17, that fact shall be stated);

(4) The name of the determining municipality, together with the date on which the governing body thereof adopted the resolution in accordance with this section;

(5) The location of the principal office of the authority, which shall be within the corporate limits of the determining municipality; and

(6) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.

(d) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds.

(e) When the certificate of incorporation is filed for record, there shall be attached to it a certified copy of the resolution adopted by the governing body of the determining municipality in accordance with this section and a certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty. The judge of probate shall promptly examine all such documents and shall determine whether they are complete and regular on their face and whether the form and content of the certificate of incorporation comply with the provisions of this chapter. If the judge of probate shall find that all such documents are complete and regular on their face and that the form and content of the certificate of incorporation comply with the provisions of this chapter, he shall require all such documents to be recorded in the permanent records maintained in his office. Upon the filing of the said documents, the authority shall come into existence and shall constitute a public corporation and instrumentality of the state under the name set forth in the said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.

(f) The authorization of the incorporation of one authority shall not preclude the authorization by the governing body of any municipality of the incorporation of other such authorities; provided, that such other authorities shall be required to adopt names or designations sufficient to distinguish them from any authority theretofore incorporated.
Ala. Code § 11-50-442 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-442
Section 11-50-442 Expenditures for New Construction, Additions, Etc., to Waterworks Plant and System, Etc
Status: in_force

No expenditures for any new construction, additions, or replacements to the municipal waterworks plant and waterworks system or the equipment used by the same shall be made by the board where the total expense will be more than $5,000.00 without the consent and approval of the governing body of the municipality.
Ala. Code § 11-54A-5 — Alabama Code / Title 2 / Chapter 54A / Section 11-54A-5
Section 11-54A-5 Procedure to Incorporate; Contents and Execution of Certificate of Incorporation
Status: in_force

Within 40 days following the adoption of the authorizing resolution, the applicants shall proceed to incorporate the authority by filing for record in the office of the judge of probate of the county wherein the city is located a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner herein provided.

The certificate of incorporation of the authority shall state all of the following:

(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the city.

(2) The name of the authority, which shall include the name of the city in its title as follows:

The _______ Redevelopment Authority.

(3) The period for the duration of the authority (if the duration is to be perpetual, subject to the provisions of Section 11-54A-20 hereof, that fact shall be stated).

(4) The name of the city together with the date on which the governing body thereof adopted the authorizing resolution.

(5) The location of the principal office of the authority, which shall be within the corporate limits of the city.

(6) That the authority is organized pursuant to the provisions of this chapter.

(7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.

The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it (1) a copy of the application as filed with the governing body of the city in accordance with Section 11-54A-4, and (2) a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Ala. Code § 2-13-18 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-18
Section 2-13-18 Substitutes for Butter and Cheese - Statement Required to Accompany Sale; Transportation through State
Status: in_force

No substitute for butter or cheese shall be offered for sale in the manufacturer’s original package under the name of or for true butter or cheese made from the milk or cream of cows, nor shall any substitute for butter or cheese be offered for sale or sold unless the purchaser at the time was informed thereof and, in addition, furnished with a printed statement in the English language in prominent type that the substance sold is such substitute and giving the name and place of business of the maker. Nothing contained in this section, however, shall be so construed as to prohibit the transportation of imitation butter or cheese through and across the state.
Ala. Code § 11-54B-44 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-44
Section 11-54B-44 Requirements of a Request for the Creation of a Self-Help Business Improvement District
Status: in_force

A request for the creation of a self-help business improvement district shall contain all of the following:

(1) The signatures of a representative group of the owners of the nonexempt real property located within the geographical area of the proposed district. The group shall include the signatures of the owners of the nonexempt real property comprising at least 60 percent of the total fair market value of all nonexempt real property located in the proposed district and the signature of an owner of at least 50 percent of the parcels of property located within the proposed district. The county property tax assessment records shall determine ownership of real property and the fair market value. When record title to real property is vested in a public corporation or authority under a bond financing plan provided for by statute, the beneficial user of the real property in which title may ultimately be vested by purchase shall be deemed the owner of the real property.

(2) Alternatively, in the case of a district formed to increase tourism within the municipality, the signatures of a representative group of the owners of the designated class of businesses located within the geographical area of the proposed district. The request shall define the designated class of businesses. The group shall include the signatures of the owners of businesses comprising at least 60 percent of the proposed annual assessment and the signatures of the owners of at least 50 percent of the number of the businesses of the designated class located within the proposed district. The municipality’s records shall determine ownership of businesses. If, however, the assessment methodology is based on a fixed rate per occupied room per night, the group shall include the signatures of the owners of businesses comprising at least 60 percent of the number of rooms within the district and the signatures of the owners of at least 50 percent of the number of businesses of the designated class located within the proposed district.

(3) An accurate description, whether by metes and bounds, or by lot and block numbers, or by street addresses, of the proposed district.

(4) A self-help business improvement district plan that shall include all of the following:

a. A description of the supplemental services to be provided in the district.

b. A budget outlining the annual cost of the supplemental services described in paragraph a.

c. A description of the method which will be used to determine the amount of the special assessment to be levied on the owners of the real property or, in the case of a district formed to increase tourism within the municipality, on businesses of a designated class, in either case located within the geographical area of the district to finance the supplemental services described in paragraph a. If the district is formed to increase tourism within the municipality, special assessments may be levied based on the business activity, including, but not limited to, a percentage of gross revenue or a fixed rate per occupied room per night on parcels of property or on businesses of a designated class within the district. If the assessment is levied on businesses of a designated class, all other provisions of this article referring to property assessment shall also include assessments against the businesses.

d. The number of years, not to exceed five years, that the special assessments described in paragraph c. will be levied.

e. Copies of the articles of incorporation and bylaws of the district management corporation designated by the plan to provide the administrative and other services to the district.
Ala. Code § 11-55-12 — Alabama Code / Title 2 / Chapter 55 / Section 11-55-12
Section 11-55-12 Construction of Chapter
Status: in_force

Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which a municipality might otherwise have under any laws of this state, but shall be construed as cumulative, and this chapter shall not be construed as requiring an election by the voters of a municipality prior to the issuance of bonds under this chapter by such municipality.
Ala. Code § 11-43-102 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-102
Section 11-43-102 Maintenance, Etc., of Municipal Books and Accounts
Status: in_force

The clerk shall keep a convenient set of books in which there shall be kept a separate account with each collecting officer of the city or town. He shall keep a separate account with each department for which a separate appropriation shall have been made, crediting the amount of the appropriation and charging warrants drawn against the same. He shall keep such other accounts as may be necessary to show the financial condition of the municipality and of each department thereof at all times. He shall not allow the amount appropriated for any item of expense to be drawn on for any other purpose. He shall not allow any warrant to be drawn unless sufficient funds actually be in the treasury to the credit of the fund upon which such warrant is drawn unless specifically authorized by an ordinance.
Ala. Code § 11-42-65 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-65
Section 11-42-65 Hearings on Contests as to Right to Tax; Rendition of Decree as to Taxation of Property
Status: in_force

(a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at such time as he sees fit, and on the hearing shall hear such evidence as is introduced by either the property owner or the city and shall determine as to whether or not the facts which authorize the property to be taxed by the city under the terms of this article did or did not exist at the time the certified resolution was passed by the board or governing body of the city.

(b) If the judge of probate decides that the requisite facts did exist at the time of the passing of the resolution, he shall render a decree adjudging that thereafter the land and property having a situs thereon (described in the decree) shall be subject to taxation by the city and that taxes thereon shall thereafter be paid to the city.

If the judge of probate decides that the requisite facts did not exist at the time of the passing of said resolution, the judge of probate shall render a decree adjudging that the land and property having a situs thereon is not subject to taxation by the city, and that taxes thereon shall not be paid to the city until the facts thereafter authorize such taxation in accordance with the provisions of this article.
Ala. Code § 11-51-155 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-155
Section 11-51-155 Bond to Dissolve Temporary Injunctive Relief - Security Against Final Judgment and Costs
Status: in_force

The surety bond, if required by Section 11-51-154, shall stand as security for any judgment and costs finally determined against the respondent, except in instances where the liability thereon is relieved by and attaches to a supersedeas bond as provided in this division.
Ala. Code § 11-40-8 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-8
Section 11-40-8 Division of Municipalities into Wards
Status: in_force

The several councils of cities or towns shall divide such cities or towns into wards having as nearly as may be the same number of inhabitants, the lines thereof conforming to the center of the streets or alleys and being rectangular as far as practicable.

Ward lines, having once been fixed, shall not be changed by the council within three months previous to an election nor within 18 months of the time last established; except, that in the cases where a census showing a population authorizing a change in the form of government shall have been taken or where, within such time, additional territory shall have been annexed to such city or town, such councils shall have the right to create new wards or annex such territory to wards already established.
Ala. Code § 11-40-51 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-51
Section 11-40-51 Authority of City to Prescribe Standards for Continued Use and Occupancy of Buildings
Status: reserved

Repealed by Act 2017-304, §11, effective May 16, 2017.
Ala. Code § 11-43-63 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-63
Section 11-43-63 Division of Municipality into Single-Member Districts
Status: in_force

Any city or town council of this state not currently electing its members from single-member districts pursuant to state law may, not less than six months prior to the regular general municipal election, by ordinance adopted by a majority of the membership of the council, divide the municipality into single-member districts (wards) of not less than five nor more than seven districts (wards). Provided, however, that the number of districts (wards) in any Class 1, 2, or 3 municipality may not exceed nine districts (wards). Such ordinance shall be considered only after two weeks public notice has been given, outlining generally the voting districts under consideration. The ordinance shall provide that candidates for election for a place on the council, where the council has been divided into districts, shall reside within the boundaries of said district (ward) for which he or she seeks election, and shall continue to reside in the district he or she represents so long as he or she remains a member of said council and further that candidates for election to a place on the council shall have resided within the district from which he or she seeks election for a period of 90 days immediately preceding the date of the election. Only electors residing within a district shall be entitled to vote for candidates seeking election for said district.

The ordinance establishing the districts shall describe the territory composing the district by metes and counts, or census tracts, and the municipal clerk, within five days after the adoption of the ordinance, shall file with the judge of probate of the county or counties in which the municipality lies a certified copy of such ordinance accompanied, by a map or plat of the city or town, showing the boundaries of all such districts.
Ala. Code § 2-8-198 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-198
Section 2-8-198 Eligibility to Vote in Referendum; Question to Be Voted On; Votes Cast by Secret Ballot
Status: in_force

Any referendum conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries for the holding of such referendum. Every producer of cotton who shall be subject to any assessment levied hereunder and who produced cotton in the crop year immediately preceding the referendum shall be entitled to one vote in the referendum. In such referendum, individuals so eligible for participation therein shall vote upon the question of whether there shall be levied an assessment for a period of ten years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article. Votes shall be cast by secret ballot.
Ala. Code § 11-52-77 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-77
Section 11-52-77 Procedure for Adoption of Ordinances Authorized by Article
Status: in_force

No ordinance shall be passed by any municipal corporation under the authority of this article unless and until the municipal governing body has complied with the procedures set forth in either subdivision (1) or subdivision (2) of this section.

(1) Prior to adoption, the proposed ordinance shall be published in full for one insertion and an additional insertion of a synopsis of the proposed ordinance, one week after the first insertion, which synopsis shall refer to the date and name of the newspaper in which the proposed ordinance was first published; both such insertions shall be at least 15 days in advance of its passage and in a newspaper of general circulation published within the municipality, or, if there is no such newspaper, then by posting the proposed ordinance in four conspicuous places within the municipality, together with a notice stating the time and place that the ordinance is to be considered by the municipal legislative authorities and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance.

(2) Prior to adoption, notice that an ordinance will be considered shall be published for three consecutive weeks in a newspaper of general circulation in the county. The notice shall include the following information:

a. A provision that an ordinance proposing to zone or rezone property will be considered by the municipal governing body pursuant to this section and that a copy of the proposed ordinance is available for public inspection at the city or town hall;

b. The location of the city or town hall;

c. A map showing the location of the property;

d. A general description of the property proposed to be zoned or rezoned including the common name by which the property is known; and

e. The time and place where all persons may be heard in opposition to or in favor of the ordinance.

The notice required by this subdivision shall be published in the legal section of the publication in standard form. In addition, the same notice shall also be published one time in the regular section of the newspaper which notice shall be in the form of at least a one-quarter page advertisement.

(3) No such ordinance shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
Ala. Code § 2-15-47 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-47
Section 2-15-47 Applicability of Provisions of Article
Status: in_force

The provisions of this article shall not apply to the buying, transportation or resale of cattle, hogs, sheep or goats when the buying, transportation or resale of such livestock is for the purpose of grazing, feeding or milking of such livestock by the person so buying, transporting or reselling such livestock.
Ala. Code § 11-66-4 — Alabama Code / Title 2 / Chapter 66 / Section 11-66-4
Section 11-66-4 Fund Created
Status: in_force

For the continuing benefit of the State of Alabama and the citizens thereof, there is hereby created the “Municipal Government Capital Improvement Fund” which shall be funded and administered in accordance with the provisions of this chapter.
Ala. Code § 11-54A-22 — Alabama Code / Title 2 / Chapter 54A / Section 11-54A-22
Section 11-54A-22 Loans, Sales, Grants, Etc., of Money, Property, Etc., to Authority by Counties, Municipalities, Etc
Status: in_force

For the purpose of effecting the revitalization and redevelopment of the central business district of the city, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:

(1) Lend or donate money to or perform services for the benefit of the authority;

(2) Donate, sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein, and any franchise; and

(3) Do any and all things, whether or not specifically authorized in this chapter and not otherwise prohibited by law, that are necessary or convenient in connection with aiding and cooperating with the authority in its efforts to revitalize and redevelop the central business district of the city.
Ala. Code § 11-44B-22 — Alabama Code / Title 2 / Chapter 44B / Section 11-44B-22
Section 11-44B-22 Laws Relating to or Affecting City Continued in Effect; Inconsistent or Conflicting Laws Relating to Exercise of Powers, Functions, and Duties of Commission or Other Form of Government
Status: reserved

All laws and parts of laws, general, local or special, relating to or affecting the city, its powers, functions, duties and property, in force when this article shall take effect, are hereby continued in effect; but all such laws relating to the exercise of the powers, functions, and duties of the commission or some other form of government, shall be superseded to the extent that the same are inconsistent with the provisions of this article, and all laws or parts of laws which conflict with this article are hereby repealed.
Ala. Code § 2-2-72 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-72
Section 2-2-72 Trust Fund Agreements
Status: in_force

Every provision relating to the amount, the making, executing, filing and maintaining and all other requirements required for a bond issued by a surety shall also be applicable for any trust fund agreement issued in lieu of a bond.
Ala. Code § 22-52-72 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-72
Section 22-52-72 Report of Recovery of Prisoners
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 11-44C-56 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-56
Section 11-44C-56 Transfer of Unencumbered Balance from One Department, Etc., to Another
Status: in_force

At the request of the mayor, the council may by resolution transfer any unencumbered balance or portion thereof in any general fund appropriation from one department, office, or agency to another department, office, or agency.
Ala. Code § 11-44C-72 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-72
Section 11-44C-72 Purchases and Contracts Shall Be Pursuant to Written Requisition; Certification of Balance Sufficient to Pay for Contract or Order
Status: in_force

All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual service for which the contract or order is to be issued.
Ala. Code § 11-50-272 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-272
Section 11-50-272 Change of Name of Board Upon Acquisition of Gas Plant or System
Status: in_force

In the event any such waterworks board shall hereafter acquire any gas plant or system pursuant to the provisions of this division, the name of such waterworks board may thereupon or thereafter be changed to “The Waterworks and Gas Board of the _____ of _____” (the name of the applicable municipality together with its designation as a city or town to be filled in the blank spaces). Such change in name may be effected upon the adoption of a resolution by the board of directors of such board declaring it advisable that the name be so changed and the certificate of incorporation be amended to that effect and the filing of a copy of such resolution, certified to by the secretary of the said board, with the judge of probate of the county in which the certificate of incorporation of the said board was filed for record.
Ala. Code § 2-6-115 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-115
Section 2-6-115 Investment of Proceeds
Status: in_force

Any portion of the principal proceeds derived from the sale of the bonds which the board of directors of the corporation may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall be invested in permitted investments. Any such securities, at any time and from time to time on order of the corporation, may be sold or otherwise converted into cash. The income derived from any investments shall be disbursed on order of the corporation for any purpose for which the corporation may lawfully expend funds.
Ala. Code § 11-46-68 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-68
Section 11-46-68 Miscellaneous Offenses
Status: in_force

(a) Any person who shall willfully fail or refuse to perform or discharge any duty relating to absent voters required of him by this article shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $100.00.

(b) Any person found drunk or intoxicated at or about any polling place during any municipal election day is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.

(c) Any person who, at a municipal election, interferes with any elector when inside the polling place or when marking the ballot, or unduly influences or attempts to unduly influence any elector in the preparation of his ballot must, on conviction, be fined not less than $10.00 nor more than $100.00.

(d) Any person who, during or before a municipal election, willfully removes, tears down, destroys, or defaces any booth or compartment or any convenience provided for the purpose of enabling electors to prepare their ballots or any card printed for the instruction of electors must, on conviction, be fined not less than $10.00 nor more than $500.00.

(e) Any person who buys or offers to buy any vote of any qualified elector at any municipal election by the payment of money or the promise to pay the same at any future time or by the gift of intoxicating liquors or other valuable thing shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50.00 nor more than $100.00.

(f) Any person who by bribery or offering to bribe or by any other corrupt means attempts to influence any elector in giving his vote in a municipal election or to deter him from giving the same or to disturb or to hinder him in the full exercise of the right of suffrage at any municipal election must, on conviction, be fined not less than $50.00 nor more than $500.00.

(g) Any person who, by the offer of money or the gift of money or by the gift of intoxicating liquor or other valuable thing to any qualified elector at any municipal election or by the loan of money to such elector with the intent that the same shall not be repaid, attempts to influence the vote of such elector at such election, shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $50.00 nor more than $500.00.

(h) Any person who discloses how any elector voted at a municipal election shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $100.00 nor more than $500.00 and may also be sentenced to hard labor for the county for not more than six months.

(i) Any person who fraudulently alters or changes the vote of any elector, by which such elector is prevented from voting in a municipal election as he intended, must, on conviction, be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail for not less than 30 days nor more than six months.

(j) Any person who compares the number on the ballot in a municipal election with the poll list shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $100.00; provided, that this subsection shall not apply on the trial of any contested elections.

(k) Any person who makes a copy of the poll list, or any memoranda therefrom, or list of the persons voting at any municipal election or the number of their ballots or discloses the number of a voter’s ballot shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $200.00.

(l) Any person who, on a municipal election day, disturbs or prevents or attempts to prevent any elector from freely casting his ballot must, on conviction, be fined not less than $500.00 nor more than $1,000.00 and may also be sentenced to hard labor for the county or imprisoned in the county jail for not less than six months nor more than one year.

(m) Any person who forges or falsely writes the name or initials of any inspector of a municipal election on any ballot shall, on conviction, be punished by hard labor for the county for not more than 12 months or by a fine of not less than $500.00 nor more than $2,000.00 or by both fine and sentence to hard labor.
Ala. Code § 11-42-133 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-133
Section 11-42-133 Creation, Etc., of Wards; Election of Aldermen; Division of Wards into Voting Precincts; Rearrangement, Etc., of Boundaries of Wards or Voting Precincts
Status: in_force

(a) The council or governing body of the annexing city or town shall create new wards (as many as may be deemed to be necessary) regardless of any limitation in the charter of the annexing city or town on the number of wards, or enlarge wards so as to embrace all territory embraced in the annexed city or town and so as to afford opportunity to all persons in the territory embraced in the annexed city or town to vote in all elections and participate in the government of the annexing city or town, and each ward in the annexing city or town shall have the same number of aldermen, but in no event shall there be more than 30 aldermen or representatives in the council or governing body of the city or town.

(b) The council or governing body of the city or town shall elect aldermen for the wards, embracing all the territory of the annexed city or town, as in case of a vacancy, the aldermen so elected to hold office until the next regular election of the annexing city or town. At such elections and thereafter aldermen for such wards shall be elected as other aldermen are elected in the city or town, and if the agreement of annexation names the aldermen to be elected to fill the office of aldermen until the next ensuing election, the parties named shall be elected aldermen by the council or governing body of the annexing city or town.

(c) The council or governing body of the annexing city or town shall, by ordinance or resolution, create new wards or change the lines of wards, as often as may be necessary, covering the territory embraced in the annexed city or town for the purpose of making equal as near as practicable the voting population in each ward in the annexing city or town, and the council or governing body of the annexing city or town shall divide the respective wards in the city or town into voting precincts, as many as may be necessary, and each elector shall vote in the precinct of his residence, and the boundary of such voting precincts shall be arranged and rearranged from time to time so that, as near as practicable, not more than 300 electors reside in any voting precinct, except where voting machines are used.
Ala. Code § 2-9-21 — Alabama Code / Title 2 / Chapter 9 / Section 2-9-21
Section 2-9-21 Expenditure of Fund
Status: in_force

All funds now or hereafter deposited in the State Treasury to the credit of the Shipping Point Inspection Fund shall be expended to provide and furnish the services for which such funds are collected in accordance with the provisions of the law authorizing the collection of such funds or as otherwise directed by the Legislature.
Ala. Code § 2-22-5 — Alabama Code / Title 2 / Chapter 22 / Section 2-22-5
Section 2-22-5 Licenses for Sale of Commercial Fertilizer
Status: in_force

(a) Before any person sells or offers for sale any commercial fertilizer in this state for use herein or before any person sells such fertilizer for importation into this state for use herein where such person is required to comply with the labeling requirements of Section 2-22-7, such person shall apply for and obtain from the commissioner a license authorizing the sale of commercial fertilizer. The application for a license shall be accompanied by the fee required by subsection (b) of this section and shall be on forms furnished by the commissioner, which forms shall contain certain information as is necessary for the issuance of the license. All such licenses shall expire on September 30, the end of the fiscal year for which they are issued, and shall be renewed annually as of October 1, upon payment of the required license fee.

(b) The license fee shall be based upon the number of tons of commercial fertilizer sold in or for importation into the state for use therein during the preceding 12-month period which ends on June 30. The amount of the license fee shall be established by the Board of Agriculture and Industries within the range as set out in the following schedule:

If the license fee is not paid within a period of 30 days after the due date, a delinquent penalty of 10 percent of the amount due (minimum $10.00) shall be added to the license fee. The license fee due under this subsection and delinquent penalty shall constitute a debt and become the basis of judgment against the person if not paid as required in this subsection. The amount of the license fee required to be paid by persons not previously selling commercial fertilizer in or for importation into this state shall be the minimum fee established by the Board of Agriculture and Industries, which license shall also expire on September 30 following the date of issuance, at which time said license shall be renewable in accordance with subsection (a) of this section.

(c) In the event of sale or other transfer of ownership of a commercial fertilizer manufacturing or sale facility by a person who has a license required by subsection (a) of this section, such license may be transferred to the new owner; provided, however, that the amount of such new owner’s license required on October 1 shall be governed by the amount of the person’s previous sales from whom said license was transferred.

(d) It is hereby intended that every person who manufactures or formulates and labels any commercial fertilizer which is sold in or for importation into this state or any person who labels such commercial fertilizer and sells it in or for importation into this state whether manufactured by such person or not shall be required to procure a license and pay the fee therefor as required by this section.
Ala. Code § 11-50-234 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-234
Section 11-50-234 Board of Directors
Status: in_force

(a) Each corporation formed under this division shall have a board of directors which shall constitute the governing body of the corporation, which board shall consist of at least three members. All members of the board of directors shall be reimbursed for actual expenses incurred in and about the performance of their duties under this division, and the chairman of said board may, at the discretion of the board of directors, be paid a director’s fee in an amount not exceeding $15.00 each month, and each member of the board of directors other than the chairman may be paid a director’s fee in an amount not exceeding $10.00 each month. Any officer of the municipality shall be eligible for appointment and may serve as a member of the board of directors but shall not receive a fee for his services; provided, that at no time shall the board consist of more than two officers of the municipality.

The directors of the corporation shall be elected by the governing body of the municipality, and they shall be so elected that they shall hold office for staggered terms. The first term of office of one director shall be two years, of another director shall be four years, and of the third director shall be six years as shall be designated at the time of their election, and thereafter the term of office of each director shall be six years.

The governing body of any municipality which has heretofore or hereafter authorized the creation of a corporation as provided in this division may, at its option, increase the board of directors from three to five members to serve according to all the conditions and terms set forth in this division. In the event the governing body elects to increase such board of directors from three to five members, one member added to the board shall be appointed for a term of four years and the remaining member for a term of six years, and thereafter the term of each such director shall be six years; provided, that at no time shall such board consist of more than three officers of the municipality.

(b) The governing body of any municipality which has a population of less than 5,000 according to the most recent federal census and which has heretofore or hereafter authorized the creation of a corporation as provided in this division may, at its option, increase the board of directors from five to seven members to serve according to all the conditions and terms set forth in this division. In the event the governing body elects to increase such board of directors from five to seven members, one member added to the board shall be appointed for a term of four years and the remaining member for a term of six years, and thereafter the term of each such director shall be six years; provided, that at no time shall such board consist of more than three officers of the municipality.
Ala. Code § 11-65-36 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-36
Section 11-65-36 Application of Net Commission Revenues
Status: in_force

All commission horse wagering fees, commission greyhound wagering fees, and other fees, commissions, and moneys, including fines and forfeitures, to which a commission shall be entitled under the provisions of this chapter shall be paid to the treasurer of such commission and shall be deposited by said treasurer to the account of such commission. Except for the gross profits of any commission racing day and the commission greyhound wagering fee referable to greyhound racing on such day that may be set aside for specific public entities or charitable organizations pursuant to Section 11-65-30.1(c), all such moneys to which a commission shall be entitled that remain after (i) the payment of all expenses incurred in the administration of this chapter, including (without limitation thereto) the payment of the salaries and expenses of the members and employees of such commission, and (ii) the deposit into the breeding fund of all amounts required by Section 11-65-34 hereof to be deposited therein shall be allocated and paid not less frequently than once each calendar year as follows:

(1) Nineteen percent of the net commission revenues shall be allocated to the sponsoring municipality; provided however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, of the amount allocated to such municipality a sum equal to one percent of the net commission revenues shall be set aside for the retired employees of such municipality and shall be paid to the trustees of such municipality’s retirement system for distribution to such retired employees once a year, during the Christmas season if practicable, with an equal amount to be paid to each retired employee irrespective of the amount of his or her regular retirement benefits, the length of his or her employment by such municipality before retirement, or any other factor;

(2) Ten percent of the net commission revenues shall be allocated in total to the county or counties in which the sponsoring municipality or any part thereof shall be located, subject to the conditions that

a. If the sponsoring municipality is located in more than one county, the portion of the said 10 percent of net commission revenues allocated to each such county shall be determined in proportion to the population of the sponsoring municipality residing in such county as determined by the most recent federal decennial census,

b. One-half of the amount of net commission revenues allocated to any county shall be used for countywide purposes (including both incorporated and unincorporated areas) in such manner as shall be determined by the governing body of such county, and

c. One-half of the amount of net commission revenues allocated to any county shall be used to defray the cost of governmental operations conducted in the unincorporated parts of such county or shall otherwise be used for the exclusive benefit of the unincorporated parts of such county in such manner as shall be determined by the governing body thereof;

(3) If the Board of Trustees of the University of Alabama operates a college, graduate school, extension center, or other educational facility located in any county in which the sponsoring municipality or any part thereof shall be located, nine percent of the net commission revenues shall be allocated to the Board of Trustees of the University of Alabama, subject to the conditions that

a. Such amount shall be used exclusively in the county or counties in which the sponsoring municipality or any part thereof shall be located;

b. One-twelfth of the amount of net commission revenues allocated to the Board of Trustees of the University of Alabama shall be used for the support of any programs operated for the correction or treatment of learning disorders of any kind or research into the causes of such disorders, and if no such programs are operated by the Board of Trustees of the University of Alabama in the county or counties in which the sponsoring municipality or any part thereof shall be located, such portion of the net commission revenues shall be used in such county or counties for such other purposes or programs as may be determined by said board of trustees, and

c. One-twelfth of the amount of net commission revenues allocated to the Board of Trustees of the University of Alabama shall be used for the support of any programs or laboratories operated for research in virology, and if no such programs or laboratories are operated by the Board of Trustees of the University of Alabama in the county or counties in which the sponsoring municipality or any part thereof shall be located, such portion of the net commission revenues shall be used in such county or counties for such other purposes or programs as may be determined by said board of trustees;

(4) Three percent of the net commission revenues shall be allocated in total to Jefferson State Community College;

(5) Three percent of the net commission revenues shall be allocated in total to Lawson State Community College;

(6) Two percent of the net commission revenues shall be allocated in total to public technical colleges located in the county or counties in which the sponsoring municipality or any part thereof shall be located; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, the two percent of the net commission revenues referred to in this paragraph shall be allocated in its entirety to Bessemer State Technical College;

(7) One percent of the net commission revenues shall be allocated to any public corporation or authority which provides public transportation in an area including the sponsoring municipality;

(8) Seventeen percent of the net commission revenues shall be allocated in total to all county, municipal, district, or other public school systems operating primary and/or secondary schools in any county or counties in which the sponsoring municipality shall be located; and if there shall be more than one of such school systems, the said seventeen percent of the net commission revenues shall be allocated to such school systems in proportion to their average daily attendance during the most recently completed school year;

(9) If any incorporated municipalities other than the sponsoring municipality are located in the county or counties in which the sponsoring municipality or any part thereof shall be located, four and one-half percent of the net commission revenues shall be allocated in total to such other municipalities; and if there shall be more than one of such municipalities, the said four and one-half percent of the net commission revenues shall be allocated to such municipalities in proportion to their population as determined by the most recent federal decennial census;

(10) Four percent of the net commission revenues shall be allocated in total to any public fire districts or volunteer fire departments organized and operating in the county or counties in which the sponsoring municipality or any part thereof shall be located; and if there shall be more than one of such fire districts or volunteer fire departments, the said four percent of the net commission revenues shall be allocated among such fire districts and volunteer fire departments in proportion to the approximate number of single family residences and other buildings provided fire protection thereby, which number in the case of a public fire district shall be the paid membership thereof and in the case of a volunteer fire department shall be a census of the number of protected residences and other buildings confirmed by affidavit of the chief executive of such volunteer fire department;

(11) Two percent of the net commission revenues shall be allocated in total to any hospitals which are owned by any county, municipality, or public corporation or authority, which are located in the county or counties in which the sponsoring municipality shall be located and which serve predominantly poor and indigent patients; and if there shall be more than one of such hospitals, the said two percent of the net commission revenues shall be allocated to such hospitals in proportion to their average patient census during the most recently completed annual period selected by the commission for the purpose of making such allocation;

(12) One and one-half percent of the net commission revenues shall be allocated to the Tannehill Furnace and Foundry Commission established pursuant to Sections 41-9-320 through 41-9-330;

(13) One-half of one percent of the net revenues shall be allocated to the Alabama State Fair Authority established pursuant to Act No. 215 enacted at the 1947 Regular Session of the Legislature of Alabama;

(14) One-half of one percent of the net commission revenues shall be allocated in total to public bodies that operate art museums in the sponsoring municipality; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, the one-half of one percent of the net commission revenues referred to in this paragraph shall be allocated in its entirety to the Birmingham Museum of Art; and

(15) If and to the extent that the allocations of net commission revenues described in this subdivision can be lawfully made to recipients satisfying the applicable conditions as herein set forth, the commission shall allocate and disburse the following percentages of the net commission revenues for the following purposes:

a. Three percent of the net commission revenues shall be allocated in total to private, not-for-profit colleges which are located in the host county and the student enrollment of which is predominantly drawn from economically disadvantaged minorities;

b. Three percent of the net commission revenues shall be allocated in total to private, not-for-profit law schools which are located in the host county and the student enrollment of which is predominantly drawn from economically disadvantaged minorities; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, the three percent of the net commission revenues referred to in paragraph a. of this subdivision shall be allocated in its entirety to Miles College and the three percent of the net commission revenues referred to in this paragraph b. shall be allocated in its entirety to the Law School of Miles College;

c. One percent of the net commission revenues shall be allocated in total to not-for-profit organizations, whether public or private, that are located in the sponsoring municipality and that promote economic development in the sponsoring municipality and the surrounding metropolitan area; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, the one percent of the net commission revenues referred to in this paragraph shall be allocated in its entirety to the metropolitan development board;

d. Six percent of the net commission revenues shall be allocated in total to private, not-for-profit hospitals located in the sponsoring municipality that primarily provide care for children;

e. Two percent of the net commission revenues shall be allocated in total to not-for-profit organizations, whether public or private, which are located in any county in which the sponsoring municipality or any part thereof shall be located and which sponsor, promote, or conduct research and education related to the cure or control of sickle cell anemia or provide treatment or other aid for victims of that disease;

f. One and one-half percent of the net commission revenues shall be allocated in total to not-for-profit organizations (including any particular branch thereof) which are located in the sponsoring municipality and which provide educational and recreational activities for young persons predominantly belonging to economically disadvantaged minorities; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, one percent of the net commission revenues referred to in this paragraph shall be allocated to Partners in Neighborhood Growth and the remaining one-half percent of the net commission revenues referred to in this paragraph shall be allocated to the Fourth Avenue Center of the Young Men’s Christian Association;

g. One percent of the net commission revenues shall be allocated to the local chapter or affiliate of The National Urban League that is based in the sponsoring municipality;

h. One percent of the net commission revenues shall be allocated to the local chapter or affiliate of the United Cerebral Palsy Association, Inc., that is based in the sponsoring municipality;

i. One percent of the net commission revenues shall be allocated in total to not-for-profit organizations (including any local chapter or affiliate) which sponsor and support research for the prevention or correction of birth defects and which are located in any county in which the sponsoring municipality or any part thereof shall be located; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, the one percent of the net commission revenues referred to in this paragraph shall be allocated in its entirety to the March of Dimes Birth Defects Foundation-North Alabama Chapter;

j. One and one-half percent of the net commission revenues shall be allocated in total to not-for-profit organizations which provide shelter, care and counselling for abused and neglected women and children and which are located in any county in which the sponsoring municipality or any part thereof shall be located; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, one percent of the net commission revenues referred to in this paragraph shall be allocated to Prescott House, Inc., and the remaining one-half percent of the net commission revenues referred to in this paragraph shall be allocated to the Child Advocacy Center in Bessemer;

k. One percent of the net commission revenues shall be allocated in total to not-for-profit organizations which operate orphanages for abandoned or mentally disturbed children and which are located in the sponsoring municipality; provided, however, if any commission shall be created pursuant to this chapter for which the sponsoring municipality shall be the City of Birmingham, then, and in such case, the one percent of the net commission revenues referred to in this paragraph shall be allocated in its entirety to the Gateway Orphanage operated by Family and Child Services;

l. One-half of one percent of the net commission revenues shall be allocated to the Alabama Symphony Orchestra; and

m. One-half of one percent of the net commission revenues shall be allocated in total to not-for-profit organizations which provide shelter and care for abandoned or abused animals and which are located in the county or counties in which the sponsoring municipality or any part thereof shall be located; and if there shall be more than one county in which such an organization or organizations exists, the said one-half of one percent of the net commission revenues shall be allocated among such counties in proportion to their population as determined by the most recent federal decennial census; and the amount so allocated to each county shall be apportioned among qualifying organizations in each such county in accordance with the commission’s determination of need and merit, taking into account the number of animals handled by each such organization during the most recent calendar year.

Except as may herein be specifically provided otherwise, if there shall at any time exist more than one institution or organization which qualifies for a portion of any generic allocation of net commission revenues made pursuant to any of paragraphs a. through m. inclusive, of subdivision (15), then, and in such case, a commission shall apportion such allocation among all institutions or organizations which evidence to such commission (in such manner as it shall reasonably require) their respective qualifications to receive a portion of such allocation. Any such allocation shall be apportioned among the qualifying institutions and organizations of each generic category in an equitable manner to be determined by the commission, taking into account the relative scale of activities of each qualifying institution or organization, the number of persons served thereby or other relevant factors. A commission shall have reasonable discretion in determining whether, in the light of the legislative intent, a particular institution or organization shall be entitled to an allocation of any portion of the net commission revenues pursuant to the provisions of this section.

A commission and the individual members thereof shall be fully protected against any charge of malfeasance in relying upon an opinion of the Attorney General of the State of Alabama that a portion of the net commission revenues may be lawfully allocated and paid to any institution or organization pursuant to any of the provisions of subdivision (15), unless a court of competent jurisdiction shall declare invalid the allocation of net commission revenues to any such institution or organization.

If any allocation of any portion of the net commission revenues pursuant to any provision of this section cannot be made for any reason (including, without limitation thereto, the legal invalidity of the provisions of this chapter authorizing such allocation, lack of lawful authority by a commission to make such allocation, the nonexistence of any public body or any public or private institution or organization entitled to receive such allocation, or any other failure to satisfy the conditions of such allocation), then, and in such case, the failure of such allocation shall not impair the validity or effectiveness of any part of this chapter other than the provisions hereof specifically providing for such allocation, nor shall the failure of such allocation adversely affect any other allocation of net commission revenues under this chapter. Any portion of the net commission revenues that, for any reason, cannot be allocated in accordance with the specific provisions of any of subdivisions (1) through (15) shall be apportioned among those governmental bodies, institutions and organizations actually receiving lawful allocations hereunder in proportion to the respective amounts of net commission revenues which would have been allocated to such governmental bodies, institutions and organizations if there had been no need to reallocate any net commission revenues that could not be allocated in accordance with the specific provisions of said subdivisions (1) through (15).

It is hereby expressly declared that the primary purpose of this chapter is to provide a means for permitting and regulating horse racing and pari-mutuel wagering thereon and greyhound racing and pari-mutuel wagering thereon in Class 1 municipalities and, further, that it is not a primary purpose of this chapter to provide funds for the various governmental bodies and public or private institutions and organizations to which allocations of portions of the net commission revenues of each commission are made pursuant to this section. The Legislature recognizes that one or more of such governmental bodies, institutions, or organizations may not exist in the sponsoring municipality or in the surrounding county or counties, as the case may be, and that, even if the intended recipients do exist and satisfy the applicable conditions, any one or more of such allocations of the net commission revenues may fail because of legal invalidity or other reasons. The allocations of net commission revenues made pursuant to this section represent the legislative effort to confer an incidental benefit upon a wide spectrum of governmental and charitable activities, all of which may not be present in the same degree in every Class 1 municipality subject to this chapter. Therefore, the legal invalidity or other failure of one or more allocations of net commission revenues made pursuant to this section should not impair the general validity of this chapter or prevent the provisions hereof, other than those relating to the invalid or ineffective allocations, from being implemented as a coherent whole. If and to the extent that any allocation of net commission revenues made to any governmental body or any institution or organization is of such character as to cause this chapter to be a local act, it is the legislative intent that the provisions for such allocation be severed from this chapter and thereby prevented from causing this chapter to be a local act.
Ala. Code § 11-42-82 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-82
Section 11-42-82 Levy and Collection of Privilege or License Tax from Persons, Firms, Etc., Carrying on Business, Etc., in Territory Exempt from Taxation Generally
Status: in_force

The council or governing body of the city shall have no authority or power to levy and collect a privilege or license tax on or from any person, firm, or corporation for carrying on any business, trade, or occupation in the territory exempt from city taxation under the provisions of this article, except as provided in this article.
Ala. Code § 11-43-230 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-230
Section 11-43-230 Predisciplinary Hearing Prior to Suspension or Termination; Procedures; Postdisciplinary Hearing
Status: in_force

(a) Every municipality shall provide a predisciplinary hearing prior to the suspension or termination of its law enforcement officers, provided nothing herein shall preclude a municipality from placing a law enforcement officer on leave with pay until the person or body holding the hearing has made its decision in the matter.

(b) Every municipality shall establish written due process procedures applicable to the predisciplinary hearing. At a minimum, this due process shall consist of written notice to the officer of the reasons for the termination or suspension. This notice shall be issued by the person or persons with authority to suspend or terminate the law enforcement officer. The notice shall inform the officer that he or she has 10 days to request, in writing, a hearing before the person or persons with authority to suspend or terminate. If the officer fails to request the hearing within 10 days from receiving the notice, the right to any hearing shall be deemed waived.

(c) The hearing shall be conducted by an impartial officer or body with authority to suspend or terminate the law enforcement officer. If the hearing is before the municipal governing body, the hearing may be conducted in an executive session, provided that any vote for or against suspension or termination shall occur in an open session.

(d) The officer has the right to appear at this hearing in person or by representative and to address charges against him or her. If the officer has a representative, the officer shall also be present at the hearing.

(e) A municipality may also hold a separate postdisciplinary hearing on the suspension or termination of the law enforcement officer. If the municipality holds a separate postdisciplinary hearing on the matter, the officer may present evidence in his or her behalf and question witnesses who testified against him or her.

(f) Nothing shall prohibit a municipality from allowing due process which exceeds the requirements in this section.

(g) The rules of evidence and the rules of discovery shall not apply to either of the hearings held pursuant to this article.
Ala. Code § 2-22-14 — Alabama Code / Title 2 / Chapter 22 / Section 2-22-14
Section 2-22-14 Ascertainment and Publication of Fair Market Values of Nitrogen, Available Phosphorus and Soluble Potassium in Commercial Fertilizers
Status: in_force

For the purpose of determining the commercial values to be applied under the provisions of Section 2-22-12, the commissioner shall ascertain and publish annually the fair market values per pound of nitrogen, available phosphorus and soluble potassium in commercial fertilizers in this state. The values so determined and published shall be used in determining and assessing penalties.
Ala. Code § 2-3A-50 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-50
Section 2-3A-50 Issuance of Bonds; Obligation of State; Proceeds; Specifications
Status: in_force

In order to implement Constitutional Amendment 619 authorizing the issuance by the state of five million seven hundred thousand dollars ($5,700,000) principal amount of its general obligation bonds, which amendment was proposed by Act 98-412 of the 1998 Regular Session of the Legislature, the Alabama Agricultural Development Authority shall, in addition to all other powers that may be exercised by said authority, have the power to issue and sell for the state, subject to the approval of the Governor, interest bearing general obligation bonds of the state not in excess of five million seven hundred thousand dollars ($5,700,000) in principal amount, as authorized by said amendment. Such bonds shall not be obligations of said authority but shall be general obligations of the State of Alabama with the full faith and credit and taxing power of the state to be pledged to the prompt and faithful payment of the principal thereof and the interest and redemption premium (if any) thereon. The proceeds from the sale of such bonds shall be used exclusively for the purposes described in the aforesaid constitutional amendment. Such bonds may be sold and issued in one or more series at any time and from time to time, may have such series designations, may be in such forms, principal amounts, denominations and numbers, may be of such tenor and maturities, may bear such date or dates, may be payable in such installments and at such time or times, may be payable at such place or places within or without the state, may bear interest at such rate or rates payable and evidenced in such manner, may contain provisions for redemption at the option of the state to be exercised by said authority on such date or dates prior to their respective maturities and upon payment of such redemption price or prices, and may contain such other provisions not inconsistent with the provisions of said amendment and this article, all as shall be provided by the board of directors of said authority in the resolution or resolutions pursuant to which such bonds shall be authorized, sold, and issued.
Ala. Code § 11-43A-6 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-6
Section 11-43A-6 Conduct of Election, Canvassing of Vote, and Declaration of Election Result; Adoption and Certification of Provisions of Chapter
Status: in_force

The election shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law with respect to other municipal elections. If the majority of votes shall be “yes” or in favor of such question, the provisions of this article shall thereafter be adopted for such municipality and the mayor shall within five days of the election transmit to the Governor, to the Secretary of State, and to the judge of probate of the county in which the municipality is located, each, a certificate of adoption stating that such question was adopted by such municipality.
Ala. Code § 11-49A-10 — Alabama Code / Title 2 / Chapter 49A / Section 11-49A-10
Section 11-49A-10 Bonds - Signature and Seal; Form and Terms; Sale; from What Sources Payable; Trust Indentures, Mortgages, Etc
Status: in_force

All bonds issued by the authority shall be signed by the chairman of its board or other chief executive officer and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the chairman of its board or other chief executive officer; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto, and a facsimile of the signature of the chairman of its board or other chief executive officer may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same. Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The principal of and interest on any bonds issued or obligations assumed by the authority may thereafter at any time (whether before, at or after maturity of any such principal and whether at, after or not exceeding six months prior to the maturity of any such interest) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous, or which may be exchanged for the bonds or other obligations to be refunded. The authority may pay all expenses, premiums and commissions which its board may deem necessary and advantageous in connection with any financing done by it. All bonds issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source. All obligations created or assumed and all bonds issued or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any county or municipality; provided, that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the proceedings authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely from that one or combination of the following sources as may be set forth in any resolution of the board authorizing the issuance of such bonds: (a) any tax proceeds appropriated, allocated or made payable (in whole or in part) to such authority by or pursuant to any act of the legislature of the state or by or pursuant to any ordinance, resolution or order of the county in which the authority is authorized to furnish public transportation service or any municipality located in such county, and (b) the revenues derived from the operation of all transit systems owned by the authority or solely out of the revenues from the operation of any one or more of such systems or parts thereof, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular systems of the authority. The authority may pledge for the payment of any of its bonds the revenues from which such bonds are payable, and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds the transit systems, or any part of any thereof, the revenues or any part of the revenues from which are so pledged. Any mortgage and deed of trust or trust indenture made by the authority may contain such agreements as the board may deem advisable respecting the operation and maintenance of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture, and respecting the rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made; provided, that no such instrument shall be subject to foreclosure.
Ala. Code § 22-52-91 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-91
Section 22-52-91 Duty of Law Enforcement Officer, Community Mental Health Officer to Take into Custody Alleged Mentally Ill Persons; Detention; Admission; Hearing
Status: in_force

(a)(1) When a law enforcement officer is confronted by circumstances that give the law enforcement officer reasonable cause for believing that an individual within the county has a mental illness and that the individual is likely to pose a real and present threat of substantial harm to self or others, the law enforcement officer shall contact a community mental health officer. The community mental health officer shall join the law enforcement officer at the scene and location of the individual to assess the condition of the individual and determine whether the individual needs the attention, specialized care, and services of a designated mental health facility.

(2) If the community mental health officer determines from the conditions, symptoms, and behavior that the individual appears to have a mental illness and poses a real and present threat of substantial harm to self or others, the law enforcement officer shall take the individual into custody and, together with the community mental health officer, deliver the individual directly to the designated mental health facility.

(3) At the designated mental health facility, a responsible employee of the facility who is on duty and in charge of admissions to the facility shall be informed by the community mental health officer that the individual in custody appears to have a mental illness and is in need of examination and observation.

(4) In determining whether an individual poses a real and present threat of substantial harm to self or others, all available relevant information shall be considered, including any known relevant aspects of the individual’s psychosocial, medical, and psychiatric history, in addition to the individual’s current behavior.

(b)(1) The employee of the designated mental health facility shall immediately notify an appropriate staff member of the facility who conducts diagnoses and evaluations that an individual alleged to have a mental illness has been received at the facility. The staff member shall immediately perform an initial examination and observation, and using whatever other information concerning the individual’s behavior as may be available, will allow the staff member to make a determination as to whether to admit the individual to the designated mental health facility as a patient tentatively diagnosed with a mental illness for further observation and attention.

(2) Notwithstanding anything in this article to the contrary, before any individual is admitted to a licensed hospital pursuant to this article, the individual shall be examined and evaluated by a psychiatrist or other physician licensed to practice medicine and authorized by the hospital medical staff bylaws of the licensed hospital to admit patients for the treatment of mental or emotional illnesses. All admissions to a licensed hospital authorized under this article shall be made only in conformity with established policies, procedures, and the medical staff bylaws of the licensed hospital to which the individual is admitted. This article shall not be construed to authorize or permit any individual not licensed to practice medicine to perform any act or render any service that constitutes the practice of medicine.

(c) Upon a determination by the staff member that the individual does not require admission to the designated mental health facility, the staff member shall so advise the community mental health officer. The community mental health officer shall promptly communicate this information to the law enforcement officer who shall cause the individual to be released from the designated mental health facility. The law enforcement officer shall then release the individual unless the law enforcement officer has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and, if so requested by the individual, the law enforcement officer shall deliver the individual to his or her residence or other place of abode if it is within the county.

(d) Upon a determination by the staff member that the individual alleged to have a mental illness should be admitted to the designated mental health facility, the staff member shall proceed with admission of the individual to the facility. The staff member shall also advise the community mental health officer who shall promptly communicate this information to the law enforcement officer. The community mental health officer shall effectuate the filing of a petition for commitment with the probate court on the individual by parties in interest. If the petition is not timely filed, the community mental health officer shall file the petition in his or her official capacity no later than the second business day following the date of admission.

(e) No later than the next business day following the date of admission, the staff member shall notify the judge of probate, or the probate clerk of the county, of the admission to the designated mental health facility of the individual alleged to have a mental illness. The judge of probate shall hold a probable cause hearing to determine if the detention of the individual is based upon probable cause to believe that confinement is necessary under constitutionally proper standards for commitment or alternate modes of treatment and to determine whether the detention should continue until a final hearing on the merits can be held. In the case where a community mental health officer has acted in helping gain the admission of the individual to a designated mental health facility for initial examination and observation, the judge of probate shall interview the individual pursuant to this section no later than the fifth business day after admission to the designated mental health facility or hospital.

(f)(1) Prior to the probable cause hearing, the probate court shall furnish adequate notice informing the individual, or his or her counsel, of the time and place of the hearing, the factual grounds upon which the proposed commitment is predicated, and the reasons for the necessity of confinement. The probate court shall require that the individual be represented by counsel at the hearing, which counsel shall be appointed by the court if necessary. The probate court shall require the presence of the individual at the hearing unless his or her presence is waived by counsel and approved by the court after an adversary hearing at the conclusion of which the court judicially finds and determines that the individual is so mentally or physically ill as to be incapable of attending the probable cause hearing. In no event may detention in the absence of a petition for commitment and a probable cause hearing exceed seven days from the date of the initial confinement under this article.

(2) If the court finds and determines that there is no probable cause to detain the individual, the court shall immediately cause the individual to be discharged and released from the designated mental health facility. Notwithstanding the foregoing, if criminal charges have been placed against the individual and the health care facility has been so notified by an appropriate law enforcement officer, the designated mental health facility shall release the individual into the custody of the appropriate law enforcement officer.

(g) If the court determines there is probable cause to detain the individual pending a full hearing on the need for commitment or some alternate mode of treatment, the court shall issue a mittimus or commitment of the individual to the designated mental health facility until the proceedings may be held in accordance with law. Notwithstanding the foregoing, the proceedings shall be held within a reasonable time following initial detention, but in no event sooner than will permit adequate preparation of the case by counsel, or later than 30 days from the date of the initial detention.
Ala. Code § 11-42-122 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-122
Section 11-42-122 Execution, Approval, and Confirmation of Agreement as to Terms of Annexation and Merger
Status: in_force

If the commission agrees upon terms of annexation and merger, such agreement shall be reduced to writing and signed in triplicate by the commissioners or a majority thereof, and one of the triplicates of the agreement shall be presented to the council or governing body of each city or town, and if the council or other governing body of each city or town approves of the agreement reached by the commission, the council or governing body of each city or town shall pass a resolution confirming such agreement, which resolution shall be spread upon the minutes of the proceedings of such council or governing body, and the mayor of each city or town shall notify the mayor of the other city or town of the confirmation of the agreement by the council or governing body of the city or town of which he is mayor.
Ala. Code § 11-67B-6 — Alabama Code / Title 2 / Chapter 67B / Section 11-67B-6
Section 11-67B-6 Administration of Chapter
Status: in_force

The municipality may contract with any entity, person, or group to impound the inoperable motor vehicle or to carry out other functions necessary to administer the intent of this chapter.
Ala. Code § 11-43B-25 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-25
Section 11-43B-25 Pending Legal Actions and Proceedings
Status: in_force

No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the municipality or any office, department, board, or agency or officer or employee thereof shall be affected or abated by the adoption of the mayor-council form of government or by anything contained in this chapter.
Ala. Code § 11-42-24 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-24
Section 11-42-24 Construction of Article
Status: in_force

This act [amended sections 11-42-21, 11-42-22] shall not be construed to affect any proposed annexation, done under the provisions of this article, in progress at the time this act [amended sections 11-42-21, 11-42-22] becomes a law; nor shall it affect any proceedings in a court of competent jurisdiction involving annexations attempted under this article.
Ala. Code § 11-47-8 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-8
Section 11-47-8 Removal of Prisoners from Municipal Jail to Another Jail
Status: in_force

If the jail of any municipality is destroyed or becomes overcrowded, insufficient or unsafe or any epidemic dangerous to life is prevalent in the vicinity, or there be danger of rescue or lawless violence to any prisoner, any circuit judge of the county, on application of the mayor or governing body of such municipality and proof of the fact, may direct the removal of any prisoner or prisoners, either before or after conviction, to the nearest sufficient jail in any other municipality or county, and it is the duty of such judge in such case to make an endorsement on the order or process of commitment stating the reason why such removal is ordered and to date and sign such endorsement.

The maintenance and cost of removal of said prisoners shall be borne by the municipality requesting said removal.
Ala. Code § 11-44C-10 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-10
Section 11-44C-10 City Continued as Municipal Corporation
Status: in_force

When this mayor-council form of government becomes applicable to a city, said city shall continue as a municipal corporation, within the corporate limits as now established and as may hereafter be fixed in the manner prescribed by law, subject to all duties and obligations then pertaining to or incumbent upon it as a municipal corporation and shall continue to enjoy all the rights, immunities, powers and franchises then enjoyed by it, as well as those that may thereafter or hereinafter be granted to it.
Ala. Code § 11-44D-2 — Alabama Code / Title 2 / Chapter 44D / Section 11-44D-2
Section 11-44D-2 Form of Referendum Ballot; Use of Voting Machines
Status: in_force

At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any other office or question and shall read as follows:

Check only one of the following:

(1) Shall the mayor-council form of government, as provided by Act _____, be adopted for the City of _____?

YES _____; or

(2) Shall the council-manager form of government, as provided by Act _____, be adopted for the City of _____?

YES _____.

The voter shall mark his ballot with a cross mark (X) after the proposition which expresses his choice. If voting machines are used at any voting place in such election, the above proposition may at the discretion of the body or official having charge of the conduct of municipal elections in such city, be submitted as a separate proposition on voting machines so used.
Ala. Code § 2-26-31 — Alabama Code / Title 2 / Chapter 26 / Section 2-26-31
Section 2-26-31 Suspension from Sale, Seizure and Condemnation of Seeds and Small Grains Sold, Transported, Etc., in Violation of Rules and Regulations; Right of Commissioner to Inspect and Secure Samples
Status: in_force

Any agricultural or vegetable seed or small grain used for planting purposes which is sold, offered for sale, exposed for sale or transported in violation of any rules and regulations promulgated and adopted in accordance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2 of Chapter 2 of this title. The Commissioner of Agriculture and Industries shall have the right of inspection and the right to secure samples as provided in said Article 2.
Ala. Code § 11-51-200 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-200
Section 11-51-200 Levy of Sales Tax Authorized; Exemption; Construction
Status: in_force

The governing body of any municipality within the State of Alabama may provide by ordinance for the levy and assessment of sales taxes, parallel to the state levy of sales taxes as levied by Sections 40-23-1, 40-23-2, 40-23-2.1, 40-23-4 to 40-23-31, inclusive, 40-23-36, 40-23-37, except for those provisions relating to the tax rate, and 40-23-38, except where inapplicable or where otherwise provided in this article; provided, that no municipality may levy any such tax against the Alcoholic Beverage Control Board of the State of Alabama in the sale of alcoholic beverages. The phrase “except where inapplicable,” contained herein and in Sections 11-51-201, 11-51-202, and 11-51-203, shall not be construed to permit a self-administered municipality to adopt or interpret an ordinance, resolution, policy, or practice that relies on that phrase, either directly or indirectly, in order to disavow, disregard, or attempt to disavow or disregard the mandate provided in this and the following sections for conformity with the corresponding state tax levy, unless the self-administered municipality can demonstrate that the ordinance, resolution, policy, or practice will simplify collection or administration of the tax or is being made for the convenience of the taxpayer.
Ala. Code § 2-25-10 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-10
Section 2-25-10 Introduction into State of Live Plant Pests, Etc., or Specimens of Disease Injurious to Plants; Special Permit
Status: in_force

The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except under a special permit issued by the commissioner is hereby prohibited. He shall be the sole issuing agency for such special permits.
Ala. Code § 11-50-491 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-491
Section 11-50-491 Qualifications of Members
Status: in_force

No person shall be eligible for membership on said board who is not a qualified elector of such municipality, or who is an officer of the municipality or an employee thereof, or who is a member of the governing body or whose term on the governing body expired within six months prior to his election on the board.
Ala. Code § 2-8-315 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-315
Section 2-8-315 Referendum - Generally
Status: in_force

(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama sheep and goat producers a referendum on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide or area basis as determined by the certified association.

(b) The certified association, not less than 30 days before the date of any referendum, shall publicly announce the date, hours, polling places, and rules for voting in the referendum, the geographic areas covered by the referendum, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected, and the general purposes for which the amount collected shall be expended and applied. The notice shall be published by the certified association in its trade publication and written notice shall be given to each county agent in the geographic area covered by the referendum.

(c) Arrangements for, and the management of, any referendum conducted shall be under the direction of the association certified by the board to conduct the referendum, and the association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.

(d) Any referendum conducted shall be held on a statewide or area basis, as determined by the certified association, pursuant to rules and regulations adopted for the holding of a referendum. All sheep and goat producers in the geographic area covered by the referendum, who shall be subject to any assessments levied, shall be entitled to vote in the referendum. In the referendum, individuals eligible to participate shall vote on the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for the referendum. The amount of the assessment levied shall be determined by the certified association.
Ala. Code § 11-44-85 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-85
Section 11-44-85 Appointment, Etc., of Officers and Employees Generally; Distribution of Executive and Administrative Powers and Duties Among Departments
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.