Ala. Code § 8-20A-3 — Alabama Code / Title 8 / Chapter 20A / Section 8-20A-3
Section 8-20A-3 Cause of Action Against Manufacturer
Status: in_force

(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.
Ala. Code § 8-12-9 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-9
Section 8-12-9 Certificate of Registration; Issuance; Use as Evidence
Status: in_force

(a) Upon compliance by the applicant with the requirements of this article, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods, services, or business and a description of the goods, services, or business on which the mark is used, a reproduction of the mark, the registration date, and the term of the registration.

(b) Any certificate of registration issued by the Secretary of State under the provisions of this section or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state.
Ala. Code § 8-15-15 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-15
Section 8-15-15 Issuance of Receipt by Warehouseman
Status: in_force

Every public warehouseman receiving property of any kind for safekeeping must issue, on delivery to him or it of such property, in favor of the person from whom received, a receipt therefor, which shall comply with the requirements of the laws of this state.
Ala. Code § 8-26A-12 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-12
Section 8-26A-12 Student-Athlete’s Right to Cancel
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-12-19 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-19
Section 8-12-19 Common-Law Rights
Status: in_force

Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Ala. Code § 8-16-13 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-13
Section 8-16-13 Existence of Weights, Measures or Devices in Place of Sale, Etc., Presumptive Proof of Use and Ownership
Status: in_force

For the purposes of this article, proof of the existence of weights, measures or weighing or measuring devices in or about any building, enclosure, stand or vehicle in or from which it is shown buying or selling is commonly carried on shall be presumptive proof of their regular use for such purposes and of their ownership by the person so using or possessing them, and such fact shall be deemed to remain established until disproved beyond reasonable doubt.
Ala. Code § 8-12A-5 — Alabama Code / Title 8 / Chapter 12A / Section 8-12A-5
Section 8-12A-5 Violations
Status: in_force

Any person who continuously and willfully violates Section 8-12A-2 shall be guilty of a Class A misdemeanor.
Ala. Code § 8-29-2 — Alabama Code / Title 8 / Chapter 29 / Section 8-29-2
Section 8-29-2 Performance in Accordance with Contract Entitles Contractor or Subcontractor to Payment
Status: in_force

Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract. All contracts between parties require a date of payment.
Ala. Code § 8-17-41 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-41
Section 8-17-41 Standards for Boiled Linseed Oil
Status: in_force

No person shall sell or take orders for sale and delivery within this state any boiled linseed oil, or so-called “boiled oil,” unless the same has been prepared from pure raw linseed oil and lead and manganese driers and unless the same complies with the standards and requirements prescribed by the State Board of Agriculture and Industries.
Ala. Code § 8-19F-1 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-1
Section 8-19F-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Fantasy Contests Act.
Ala. Code § 8-23-2 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-2
Section 8-23-2 Definitions
Status: in_force

For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise:

(1) HEALTH STUDIO. Includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in a program of physical exercise or weight reduction, which may include the use of a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. The term also includes any person, firm, corporation, organization, or association engaged in the sale of the right or privilege to use exercise or weight reduction equipment or facilities, such as a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. “Health studio” does not include bona fide nonprofit organizations which have been granted tax exempt status by the Internal Revenue Service, including but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association, or other similar organizations, whose functions as health studios are only incidental to their overall functions and purposes.

(2) HEALTH STUDIO SERVICES. Includes services, privileges, or rights offered for sale or provided by a “health studio.”

(3) DIVISION. The Consumer Division of the office of Attorney General.
Ala. Code § 8-41-6 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-6
Section 8-41-6 Violations
Status: in_force

A violation of any provision of this chapter shall be actionable as a violation of the Deceptive Trade Practices Act, enforceable by the Attorney General or any district attorney.
Ala. Code § 8-17-214 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-214
Section 8-17-214 Revocation of Permit for Reasons of Purchasing, Receiving, Etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked
Status: in_force

(a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or caused to be shipped any illegal fireworks in violation of this article. Notice must be given in writing to the holder of a permit stating cause of revocation; if the permit revoked is for a business located within Alabama, a copy of said notice of revocation must be supplied to the judge of probate of the county in which such permit holder’s business is located.

(b) The State Fire Marshal, in his discretion, may refuse to issue another permit to the holder of a permit which has been cancelled or revoked for the possession or sale of illegal fireworks for a period not to exceed three years.
Ala. Code § 8-17-242 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-242
Section 8-17-242 Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipment
Status: in_force

(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. The rules and regulations adopted shall not be more stringent than those promulgated by federal law, rule, or regulation to control surface coal mining operations. The rules and regulations may apply to the state as a whole or may vary from area to area in order to take into account varying local conditions.

(b) The authority granted to the State Fire Marshal shall not extend to surface coal mining operations, which shall continue to be regulated by the Alabama Surface Mining Commission, pursuant to the Alabama Surface Mining Control and Reclamation Act [Chapter 16 (commencing with Section 9-16-2) of Title 9].

(c) The office may issue reasonable orders as necessary to implement the purposes of this act and to enforce this act through appropriate administrative and judicial proceedings.

(d) The office may employ personnel and consultants, purchase equipment and supplies, and lease or otherwise acquire property as may be reasonably necessary to perform its duties under this article.
Ala. Code § 8-1-221 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-221
Section 8-1-221 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) COVERED CONTRACT. Any written employment separation, termination, or post-employment settlement or release agreement written solely for that purpose; any written business relationship termination agreement written solely for that purpose; and any written settlement between parties to a legal dispute written solely for that purpose, whether before, during, or after litigation, and the provisions thereof.

(2) DISPARAGING STATEMENT. Any statement that does any of the following:

a. Discredits or detracts from the reputation of a person’s property, product, services, or business.

b. Diminishes or depreciates a person by direct or indirect comparisons to anything invidious, scandalous, criminal, or loathsome.

c. Raises doubts or questions about the quality, integrity, honesty, or character of a person or the person’s affiliations.

d. Discredits or detracts from the reputation of another’s character, property, product, or business by disclosing truthful but private information.

e. Discredits or detracts from the reputation of another’s character, property, product, or business by disclosing truthful, but non-public information, or information gained within the context of a fiduciary relationship between the parties not otherwise protected by a trade secret statute.

f. Is knowingly or recklessly made by a party that has clear and direct information that the statement was plainly false or misleading by its unreasonable incompleteness and that the communication of the misleading information would cause specific loss.

(3) LIQUIDATED DAMAGES. The dollar sum that the parties have by the covered contract fixed or assessed as damages to be paid as compensation for a breach of contract.

(4) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, government subdivision, agency, or instrumentality, or any other legal or commercial entity.

(5) STATEMENT. Spoken words, remarks, comments, publications, opinions, and other expressions delivered orally, in writing, or through websites, blogs, postings to the Internet, emails, texts, or by other electronic means, whether done publicly or privately in one’s own name, anonymously, or through the use of a pseudonym.
Ala. Code § 8-15-42 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-42
Section 8-15-42 Use of Leased Space for Residential Purposes Prohibited
Status: in_force

(a) An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.

(b) An occupant shall not use a leased space for residential purposes.
Ala. Code § 8-26B-3 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-3
Section 8-26B-3 Secretary of State; Authority; Procedure
Status: in_force

(a) The Alabama Administrative Procedure Act applies to this chapter. The Secretary of State may adopt rules under the act to implement this chapter.

(b) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual’s agent for service of process in any civil action in this state related to the individual acting as an athlete agent in this state.
Ala. Code § 8-6-192 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-192
Section 8-6-192 Definitions
Status: in_force

As used in this article, unless the context requires otherwise, the following terms have the following meanings:

(1) ACCOUNT. Funds or assets held by a financial service provider, including, but not limited to, a deposit account, checking account, money market account, savings account, share account, certificate of deposit, trust account, individual retirement account or other type of retirement account, guardianship or conservatorship account, investment or securities account, loan, credit card, or any extension of credit, including a home equity line of credit.

(2) ELDERLY ADULT. An individual 65 years of age or older.

(3) FINANCIAL EXPLOITATION. Any of the following:

a. The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elderly or vulnerable adult, including incurring debt in the name of an elderly or vulnerable adult for the benefit of a third party.

b. Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an elderly or vulnerable adult, to do either of the following:

1. Obtain control through deception, intimidation, or undue influence over the elderly or vulnerable adult’s money, assets, or property to deprive the elderly or vulnerable adult of the ownership, use, benefit, or possession of his or her money, assets, or property.

2. Convert money, assets, or property of the elderly or vulnerable adult to deprive the elderly or vulnerable adult of the ownership, use, benefit, or possession of his or her money, assets, or property.

(4) FINANCIAL SERVICE PROVIDER. Any entity, including its employees and officers, regulated by the Alabama Credit Union Administration or the State Banking Department, or similar federal regulatory agency, engaged in or transacting business in this state, including, but not limited to, a state or national bank or trust company; a state or federal savings and loan association; a state or federal credit union; an industrial loan and thrift company; a mortgage loan lender, broker, originator, or servicer; a title pledge lender; a deferred presentment services provider; a pawnbroker; or a small loan lender.

(5) FINANCIAL TRANSACTION. Any of the following:

a. A transfer or request to transfer or disburse funds or assets in an account.

b. A request to initiate a wire transfer, initiate an automated clearing house transfer, or issue a money order, cashier’s check, or official check.

c. A request to negotiate a check or other negotiable instrument.

d. A request to change the ownership of an account.

e. A request for a loan, extension of credit, or draw on a line of credit.

f. A request to transfer the title to any real property or the title of any motor vehicle or mobile home, or to encumber such real property, motor vehicle, or mobile home.

(6) LAW ENFORCEMENT AGENCY. Any municipal, county, state, or federal agency the personnel of which have the power to arrest and to perform law enforcement functions, including prosecutorial entities.

(7) VULNERABLE ADULT. An individual 18 years of age or older who, because of mental or physical impairment, is unable to fully manage his or her own resources, carry out all or a portion of the activities of daily living, or is unable to fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others.
Ala. Code § 8-34-3 — Alabama Code / Title 8 / Chapter 34 / Section 8-34-3
Section 8-34-3 Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcement Agency
Status: in_force

(a) Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a local law enforcement agency:

(1) The name, current address, date of birth, and signature of the person from whom the dealer purchased the item.

(2) A description of the person, including height, weight, race, complexion, and hair color.

(3) A valid identification card number as outlined in subsection (b).

(4) A list describing the items purchased from that person.

(b) (1) Before making a purchase, a dealer shall require the person from whom he or she is purchasing to identify himself or herself with a valid driver’s license, a non-driver’s identification card, armed services identification card, or other valid photo identification sufficient to obtain the information required pursuant to subsection (a).

(2) The method of photo identification shall contain a traceable serial number to be recorded by the dealer.

A list of the acceptable forms of photo identification shall be provided by each local law enforcement agency.

(c) Each dealer, at least once each week in which he or she makes a purchase, shall make out and deliver to the local law enforcement agency a true, complete, and legible list of all items purchased during the period since the last report. The dealer shall use local law enforcement agency forms to meet the requirements of this subsection if such forms are issued by the local law enforcement agency. The list shall include:

(1) The brand name and serial number, if any, of the item or items purchased.

(2) An accurate description of each item sufficient to enable the law enforcement agency to identify the item.

(3) The date and time when the item was received.

(4) The amount paid for each item.

(5) All information pursuant to subsection (a).
Ala. Code § 8-22-8 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-8
Section 8-22-8 Certain Sales and Transfer Price Differentials Authorized
Status: in_force

(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allowances, services, facilities granted any of a supplier’s own marketing operations in excess of those provided to a person who purchases for resale at the same level of distribution, if the lower price is due to a cost differential incurred because of a difference in shipping method, transportation, marketing, sale or quantity, in which such motor fuel is sold.

(b) It is not a violation of this chapter if any price is established in good faith to meet an equally low price of a competitor in the same market area on the same level of distribution selling the same or a similar product of like grade and quality or is exempt under Section 8-22-13.

(c) It is not a violation of this chapter for a retailer to offer to sell, or sell, motor fuel in a combined sale with other goods when the retailer’s combined selling price is not below the cost to the retailer of all motor fuel and other goods included in the transactions. A combined sale permitted by this chapter includes both contemporaneous sales and also sales or series of sales that are not contemporaneous, including where the purchaser receives accrued discounts or credits on motor fuel as a result of the purchaser’s earlier purchases of other goods from the retailer.
Ala. Code § 8-1-130 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-130
Section 8-1-130 Persons Involved in Futures Contracts Not Excused from Testifying; Participation Prima Facie Evidence of Guilt
Status: in_force

(a) No person shall be excused on any prosecution under this article from testifying touching anything done by himself or others contrary to the provisions of this article; but no disclosures made by the witness upon such examination shall be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated in by him.

(b) In all such prosecutions proof that the defendant was a party to a contract as agent or principal to sell and deliver any article, thing or property specified or named in this article, that he was agent, directly or indirectly, of any party in making, furthering, or effectuating the same, or that he was the agent or officer of any corporation or association or person in making, furthering, or effectuating the same and that the article, thing, or property agreed to be sold and delivered was not actually delivered and that settlement was made or agreed to be made upon the difference in value of such article, thing, or property shall constitute against such defendant prima facie evidence of guilt.
Ala. Code § 8-15-17 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-17
Section 8-15-17 Insurance Requirement and Liability of Warehouseman for Articles Not Stored in Warehouse
Status: in_force

(a) A public warehouseman who stores cotton or other article in the open or in any place except in the warehouse shall keep the same insured against destruction or injury by fire and shall be responsible and liable for all injury or damage suffered from the weather or any other cause by reason of the cotton or other article being stored in the open or in any other place except in the warehouse.

(b) Such warehouseman shall also have the same responsibility and liability for the cotton or other article as if the same was stored or kept in the warehouse. The warehouseman’s bond shall also cover all duties and liabilities of a warehouseman imposed by this section and Section 8-15-16.
Ala. Code § 8-15-48 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-48
Section 8-15-48 Rights Provided by Article as Additional to Other Rights Allowed by Law
Status: in_force

This article does not impair the power of the parties to a rental agreement to create rights, duties, or obligations in the rental agreement. The rights provided to an operator by this article are in addition to all other rights provided by law to a creditor against a debtor or to a landlord against a tenant.
Ala. Code § 8-41-4 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-4
Section 8-41-4 Disclosure of Reporting Mechanisms
Status: in_force

An online marketplace shall disclose to consumers in a clear and conspicuous manner, on the product listing of any high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
Ala. Code § 8-26B-1 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-1
Section 8-26B-1 Short Title
Status: in_force

This chapter may be cited as the Revised Uniform Athlete Agents Act (2016).
Ala. Code § 8-19J-1 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-1
Section 8-19J-1
Status: in_force

For the purposes of this chapter, the following terms have the following meanings:

(1) ACCOUNT HOLDER. The individual associated with a mobile device.

(2) AGE CATEGORY. Whether an individual is: (i) under 13 years of age; (ii) at least 13 years of age but less than 16 years of age; (iii) at least 16 years of age but less than 18 years of age; or (iv) at least 18 years of age.

(3) AGE CATEGORY DATA. Information about a user’s age category which is collected by an app store developer and shared with a developer.

(4) AGE RATING. A classification that assesses the suitability of an app’s content and functions for different age groups.

(5) APP. A software application or electronic service that a user may run or direct on a mobile device. The term includes pre-installed apps.

(6) APP STORE. A publicly available website, software application, or electronic service that allows account holders to download apps from third-party developers onto a mobile device.

(7) APP STORE PROVIDER. An entity that owns, operates, or controls an app store that allows account holders in the state to download apps onto a mobile device.

(8) CONTENT DESCRIPTION. A description of the specific content elements or functions that inform an app’s age rating.

(9) DEVELOPER. An entity that owns or controls an app made available through an app store or a pre-installed app.

(10) IN-APP PURCHASE. A charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services, or other apps.

(11) MINOR. An individual under 18 years of age, unless the individual is married or legally emancipated.

(12) MINOR ACCOUNT. An account with an app store provider which is established by an individual who the app store provider has determined is a minor.

(13) MOBILE DEVICE. A phone or general-purpose tablet that: (i) provides cellular or wireless connectivity; (ii) is capable of connecting to the Internet; (iii) runs a mobile operating system; and (iv) is capable of running apps through the mobile operating system.

(14) MOBILE OPERATING SYSTEM. Software that: (i) manages mobile device hardware resources; (ii) provides common services for mobile device programs; (iii) controls memory allocation; and (iv) provides interfaces for apps to access device functionality.

(15) PARENT. With respect to a minor, any of the following individuals:

a. A biological parent.

b. A legal guardian.

c. An individual with legal custody.

(16) PARENT ACCOUNT. An account with an app store provider which is affiliated with one or more minor accounts and which is verified to have been established by an individual who the app store provider has determined is not a minor.

(17) PARENTAL CONSENT DISCLOSURE. The following information that an app store provider is required to provide to a parent before obtaining parental disclosure:

a. A description of the personal data collected by the app from a user.

b. A description of the personal data shared by the app with any third party.

c. Any methods implemented by the developer to protect personal data.

d. The age rating of the app or in-app purchase, if available.

e. The content description of the app or in-app purchase, if available.

(18) PRE-INSTALLED APP. Any app, or portion of an app, which is present on a mobile device at the time of purchase, initial activation, or first use by the consumer. The term includes, but is not limited to: (i) browsers; (ii) search engines; (iii) messaging apps; and (iv) other apps, or portions of apps, that are installed or partially installed by the device manufacturer, wireless services provider, retailer, or any other party prior to the purchase, initial activation, or first use of the device by the customer and that may be updated thereafter. The term does not include: (i) core operating system functions; (ii) essential device drivers; and (iii) applications necessary for basic device operation such as phone and settings applications.

(19) SIGNIFICANT CHANGE. A material modification to an app’s terms of service or privacy policy which does any of the following:

a. Changes the categories of data collected, stored, or shared.

b. Adds new monetization features, including, but not limited to, in-app purchases or advertisements, where no such features were previously present.

c. Alters the app’s age rating or content descriptions.

(20) VERIFIABLE PARENTAL CONSENT. Authorization that meets all of the following criteria:

a. Is provided by an individual who the app store provider has verified is at least 18 years of age.

b. Is given after the app store provider has clearly and conspicuously provided the parental consent disclosure to the individual.

c. Requires the parent to make an affirmative choice to either grant consent or decline consent.
Ala. Code § 8-17-254 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-254
Section 8-17-254 Exceptions
Status: in_force

(a) Nothing contained in this article shall apply to:

(1) Personnel of regular law enforcement agencies, military, or naval forces of the United States, or to the duly organized military force within the state, so long as these persons are acting within their respective official capacities and in the performance of official duties.

(2) The possession and storage of black powder, percussion caps, safety and pyrotechnic fuses, matches and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms, or antique devices as defined in Section 921(a)(16) of Title 18 of the United States Code.

(3) The possession and storage of smokeless powder, primers used for reloading rifles, or pistol cartridges, shot shells, percussion caps, and smokeless propellants intended for personal use.

(4) Coal mining.

(5) Public utilities.

(6) Railroads.

(7) The use of explosives for occasional personal agricultural blasting or other noncommercial use of explosives.

(8) The use of explosives for blasting tree stumps for forest products production.

(9) The use of explosives for oil and gas exploration purposes.

(10) The occasional use of explosives in highway construction or maintenance.

(11) Persons engaged in the homebuilding industry, the home remodeling industry, or the plumbing industry, or any combination of these industries.
Ala. Code § 8-23-13 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-13
Section 8-23-13 Noncompliance with Chapter Constitutes Unfair Trade Practice
Status: in_force

Failure to comply with the provisions of this chapter is an unfair or deceptive trade practice.
Ala. Code § 8-15-35 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-35
Section 8-15-35 Posting of Notice as to Effect of Failure to Pay Charges
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-26B-56 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-56
Section 8-26B-56 Permission Required for Use of Name, Image, or Likeness in Conjunction with Registered or Licensed Marks, Logos, Etc
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-3-30 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-30
Section 8-3-30 When Surety on Replevy Bond May Demand Collateral Security; Seizure of Property If Collateral Not Given; Disposition of Seized Perishable Property
Status: in_force

(a) When the principal in any replevy bond is wasting the replevied property or is removing or is about to remove himself or property out of the state, the surety or sureties on the replevy bond may demand of the principal adequate indemnity against loss by collateral security.

(b) If such security is not given within five days after demand made, the surety may make affidavit thereof before the clerk of the court in which such bond is filed, setting forth the demand of the principal for collateral security, for some one or more of the causes mentioned in subsection (a) of this section, and that the principal has failed to give security.

Thereupon, the clerk must issue a writ directed to the sheriff commanding him to seize the replevied property and hold the same until the decision of the civil action in which it was replevied or until the principal executes bond with sufficient surety in the same penalty as the replevy bond, payable to the surety, with condition to have the property forthcoming to abide the decision in the principal civil action, or to pay and satisfy the judgment entered therein.

(c) If the bond is not given and the property seized is of a wasting or perishable nature or the expense of keeping it would materially affect its value, it must be sold by the sheriff in the same manner as property levied on under execution and return thereof made as upon a writ of execution.

(d) If the bond is given, it must be filed with the original replevy bond, and execution may issue thereon upon a breach of the original replevy bond in favor either of the plaintiff or of the surety.
Ala. Code § 8-14-1 — Alabama Code / Title 8 / Chapter 14 / Section 8-14-1
Section 8-14-1 Records to Be Kept by Persons Selling Personal Property at Auction; Inspection of Records by Law Enforcement Officers
Status: in_force

(a) Every person, firm, or corporation engaged in the business of selling personal property at public auction in the State of Alabama, whether the same shall be their own property or whether they sell the same at auction as agent or employee of others, shall keep and maintain records in which shall be described and inventoried all articles of personal property received by such person, firm, or corporation for sale at auction, including the date of such receipt, the date of sale, the names and addresses of persons from whom the property was received for sale, and the names and addresses of persons to whom the property was sold; provided, that the provisions of this section shall not apply to the sale of livestock at auction.

(b) The records required to be kept by this section shall be open at all times to inspection by all law enforcement officers; and persons, firms, or corporations engaged in the business of selling personal property at public auction are required in any case to give all information they may have of property received and sold or offered for sale by them.

(c) Any person, firm, or corporation failing, neglecting, or refusing to keep and maintain the records provided for in this section or to permit the inspection thereof by the proper authorities shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.
Ala. Code § 8-16-10 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-10
Section 8-16-10 Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Package, or Commodity
Status: in_force

The Commissioner of Agriculture and Industries or any local sealer of weights and measures is authorized and empowered to seize for use as evidence, without formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring device, package, or amount of commodity found to be used, retained, or offered or exposed for sale, or sold in violation of the law.
Ala. Code § 8-3-9 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-9
Section 8-3-9 Contribution by Cosureties
Status: in_force

All the foregoing provisions of this article shall apply to cases where there are more than one surety, so as to enable a surety discharging a joint debt, in whole or in part, either pending the action or after joint or several judgments, to control the same against his cosureties for the purpose of compelling them to contribute their respective shares of the amount so paid by him.
Ala. Code § 8-6-21 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-21
Section 8-6-21 Commission Authorized to Swear Out Warrants of Arrest; Liability of Commission for Warrant
Status: in_force

The Securities Commission is authorized and empowered to swear out warrants of arrest against any person violating the criminal provisions of this article, and it shall not be liable in damages or to an action for damages by reason of swearing out warrants or for causing the arrest and detention or imprisonment of any person or persons under such warrant or warrants.
Ala. Code § 8-17-248 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-248
Section 8-17-248 Municipal Explosives Use Permit
Status: in_force

(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a municipal explosives use permit from the appropriate local issuing authority. The appropriate local issuing authority for the municipal explosives use permit shall be the municipality within police jurisdiction of which the proposed blasting would take place. Copies of all permits shall be forwarded to the office.

(b) The issuing authority shall issue permits in accordance with this article and the rules and regulations promulgated by the office.

(c) Terms of the permit shall be effective for one year or at the termination of the commercial purpose, whichever occurs first, with the right of successive renewal upon expiration of the terms of the permit unless the permit has been suspended or revoked.

(d) The issuing authority shall collect a municipal explosives use permit fee of $25 to be paid by each applicant to cover the expense of the municipality for processing and issuing the municipal explosives use permit.

(e) No municipal explosives use permit shall be issued unless the applicant has liability insurance with a company licensed to do business as an insurer in this state in an amount not less than $500,000 with identical limits for explosion, collapse, and underground coverage to protect the public against property damage and personal injury. This insurance shall be continued in effect during the period of the permit.
Ala. Code § 8-30-1 — Alabama Code / Title 8 / Chapter 30 / Section 8-30-1
Section 8-30-1 Definitions
Status: in_force

The following terms shall have the following meanings:

(1) BURIAL MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection with the interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type.

(2) BURIAL RIGHT. The right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.

(3) BURIAL SERVICE. Any service offered by a cemetery in connection with the interment, entombment, or inurnment of human remains as described in subdivision (1) of this section.

(4) CEMETERY. Any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments, or a mausoleum for vault or crypt interments, or a combination of one or more thereof. The term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, or family burial plots.

(5) CEMETERY COMPANY. An individual, partnership, corporation, or association now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery.

(6) PERSON. An individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.

(7) SALE or SELL. Every contract of sale or disposition of cemetery property, burial right, burial lot, burial services, or burial merchandise for value. The term “offer to sell,” “offer for sale,” or “offer” shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots, burial rights, burial services, or burial merchandise for value. This definition shall not include wholesalers of burial merchandise.

(8) SALESPERSON. An individual employed or appointed or authorized by a cemetery or cemetery company to sell cemetery property, burial lots, burial rights, burial services, or any other right or thing of value in connection with the interment of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of the property, lots, rights, merchandise, or services.
Ala. Code § 8-17-42 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-42
Section 8-17-42 Labeling of Original, Unbroken Containers
Status: in_force

No person shall sell any linseed or flaxseed oil unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and place of business of the manufacturer thereof in ordinary bold-faced capital letters not less than 60 points in size the words “Pure Linseed Oil - Raw” or “Pure Linseed Oil - Boiled,” as the case may be.
Ala. Code § 8-37A-6 — Alabama Code / Title 8 / Chapter 37A / Section 8-37A-6
Section 8-37A-6 Enforcement of Chapter
Status: in_force

(a) The Superintendent of Banks may take action that is necessary or appropriate to enforce this chapter and to protect motor vehicle value protection contract holders in this state. After notice and a hearing, the superintendent may do both of the following:

(1) Order the provider, administrator, or any other person not in compliance with this chapter to cease and desist from further actions related to motor vehicle value protection agreements that are in violation of this chapter.

(2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter, a violation shall be considered to be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the action, conduct, or practice which is determined to be a violation of the chapter occurred.

(b) This section shall not apply to motor vehicle value protection agreements offered in connection with a commercial transaction.
Ala. Code § 8-37-5 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-5
Section 8-37-5 Disclosure Requirements
Status: in_force

Subject to Section 8-37-7, a creditor that offers a GAP waiver shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, all of the following:

(1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor.

(2) The purchase price and the terms of the GAP waiver, including without limitation, the requirements for protection, conditions, or exclusions associated with the GAP waiver.

(3) That the borrower may cancel the GAP waiver within a Free Look Period as specified in the waiver, and will be entitled to a full refund of the purchase price, so long as no benefits have been provided. If cancelled after the Free Look Period and no benefits have been provided, the borrower shall receive a pro rata refund less a cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver.

(4) The procedure the borrower is required to follow in order to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits.

(5) The procedures for cancelling the GAP waiver and requesting any refund due pursuant to Section 8-37-6.

(6) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease, may be conditioned upon the purchase of the GAP waiver.

(7) That the cost of the GAP waiver is not regulated and that the borrower should determine whether the cost of the GAP waiver is reasonable in relation to the protection afforded by the GAP waiver.
Ala. Code § 8-33-11 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-11
Section 8-33-11 Enforcement Provisions
Status: in_force

(a) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.

(b) The commissioner may take action that is necessary or appropriate to enforce this chapter, the commissioner’s rules and orders, and to protect warranty holders in this state. If a warrantor engages in a pattern or practice of conduct that violates this chapter and that the commissioner reasonably believes threatens to render the warrantor insolvent or cause irreparable loss or injury to the property or business of any person or company located in this state, the commissioner may do any of the following:

(1) Issue an order directed to that warrantor to cease and desist from engaging in further acts, practices, or transactions that are causing the conduct.

(2) Issue an order prohibiting that warrantor from selling or offering for sale vehicle protection products in violation of this chapter.

(3) Issue an order imposing a civil penalty on that warrantor.

(4) Issue any combination of the foregoing, as applicable.

(c) Prior to the effective date of any order issued pursuant to subsection (b), the commissioner must provide written notice of the order to the warrantor and the opportunity for a hearing to be held within 10 business days after receipt of the notice, except prior notice and hearing shall not be required if the commissioner reasonably believes that the warrantor has become, or is about to become, insolvent.

(d) A person aggrieved by an order issued under this section may request a hearing before the commissioner. The hearing request shall be filed with the commissioner within 20 days after the date the commissioner’s order is effective, and the commissioner must hold such a hearing within 15 days after receipt of the hearing request.

(e) At the hearing, the burden shall be on the commissioner to show why the order issued pursuant to this section is justified. The provisions of the Alabama Department of Insurance Administrative Code Chapter 482-1-065 shall apply to a hearing request under this section.

(f) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the commissioner’s orders or rules. An action filed under this section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or rules of the commissioner.

(g) A person who is found to have violated this chapter or orders or rules of the commissioner may be ordered to pay to the commissioner a civil penalty in an amount, determined by the commissioner, of not more than five hundred dollars ($500) per violation and not more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice that is determined to be a violation of this chapter occurred.

(h) This chapter does not create a separate civil cause of action.
Ala. Code § 8-19H-2 — Alabama Code / Title 8 / Chapter 19H / Section 8-19H-2
Section 8-19H-2 Requirements for Certain Devices
Status: in_force

Devices activated in this state must meet all of the following requirements:

(1) Contain a filter.

(2) Ask the user to provide the user’s age during activation and account set-up.

(3) Automatically enable the filter when the user is a minor based on the age provided under subdivision (2).

(4) Allow a password to be established for the filter.

(5) Notify the user of the device when the filter blocks the device from accessing a website.

(6) Allow a non-minor who has a password the opportunity to deactivate and reactivate the filter.
Ala. Code § 8-9A-7 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-7
Section 8-9A-7 Remedies of Creditors
Status: in_force

(a) In an action for relief against a transfer under this chapter, the remedies available to creditors, subject to the limitations in Section 8-9A-8, include:

(1) Avoidance of the transfer to the extent necessary to satisfy the creditor’s claim;

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by any applicable provision of any other statute or the Alabama Rules of Civil Procedure;

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure,

a. An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

b. Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

c. Any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Ala. Code § 8-17-170 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-170
Section 8-17-170 Standards
Status: in_force

(a) No person shall sell or take orders for sale and delivery within this state any “oil of turpentine,” or so-called “spirits of turpentine,” “turpentine,” or “turps,” unless the same is wholly volatile oil derived from the oleo-resinous exudation from, or the resinous wood of, various species of coniferous trees.

(b) It shall also be deemed a violation of this article if oil of turpentine does not conform to the standard specifications for turpentine as appearing in the latest biennial issue of the “A.S.T.M. Standards” issued by the American Society for Testing Materials.
Ala. Code § 8-26-32 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-32
Section 8-26-32 Contracts in Violation of Law
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-22-13 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-13
Section 8-22-13 Competitive Sales, Etc
Status: in_force

(a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in this chapter. The price of motor fuel advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.

(b) In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same market area as determined by a cost survey made pursuant to subsection (b) of Section 8-22-15.
Ala. Code § 8-37-9 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-9
Section 8-37-9 Legislative Findings
Status: in_force

The Legislature finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued prior to and after January 1, 2018, shall not be construed as insurance.
Ala. Code § 8-7A-20 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-20
Section 8-7A-20 Criminal Penalties
Status: in_force

(a) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in such a record, upon conviction, shall be guilty of a Class D felony.

(b) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives more than five thousand dollars ($5,000) in compensation within a one-year period from this activity, upon conviction, shall be guilty of a Class C felony.

(c) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives no more than five thousand dollars ($5,000) in compensation within a one-year period from this activity, upon conviction, shall be guilty of a Class D felony.

(d) The enforcement of this chapter shall be vested in the commission. It is the duty of the commission to enforce this chapter and to investigate, prevent, and detect violations of this chapter. The commission is vested with the rights, privileges, and powers conferred by law upon district attorneys, including the power to appear before grand juries and to interrogate witnesses before such grand jury. A district attorney may empower the commission to proceed on its behalf in any proceeding under this chapter.

(e) In any proceeding under this chapter, scienter need not be alleged and proved in prosecutions of violations involving unlicensed money transmission.

(f) A proceeding under this chapter shall not preempt or foreclose any criminal action or liability which may arise under any other criminal provision of the Code of Alabama 1975.
Ala. Code § 8-26A-2 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-2
Section 8-26A-2 Definitions
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-38-12 — Alabama Code / Title 8 / Chapter 38 / Section 8-38-12
Section 8-38-12 Exemptions - State
Status: in_force

An entity subject to or regulated by state laws, rules, regulations, procedures, or guidance on data breach notification that are established or enforced by state government, and are at least as thorough as the notice requirements provided by this chapter, is exempt from this chapter so long as the entity does all of the following:

(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.

(2) Provides notice to affected individuals pursuant to the notice requirements of those laws, rules, regulations, procedures, or guidance.

(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
Ala. Code § 8-19G-7 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-7
Section 8-19G-7 Penalties
Status: in_force

In addition to any other penalty provided by law, any violation of Section 8-19G-3, Section 8-19G-8, or Section 8-19G-9 shall be considered a violation of the Deceptive Trade Practices Act under Chapter 19 of the this title.
Ala. Code § 8-26B-60 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-60
Section 8-26B-60 Applicability to Constitutionally Created Boards of Trustees of Postsecondary Educational Institutions
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-9-12 — Alabama Code / Title 8 / Chapter 9 / Section 8-9-12
Section 8-9-12 Realty Conveyance Wherein Grantee Agrees to Support Grantor During Life Voidable; Exceptions
Status: in_force

Any conveyance of realty wherein a material part of the consideration is the agreement of the grantee to support the grantor during life is void at the option of the grantor, except as to bona fide purchasers for value, lienees, and mortgagees without notice, if, during the life of the grantor, he takes proceedings to annul such conveyance.
Ala. Code § 8-17-93 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-93
Section 8-17-93 Penalty for Violation; Revocation of Permits
Status: in_force

(a) Any person who sells, offers for sale, stores, or uses any petroleum product in the state which is below the legal standard, who makes a false statement or certificate as to the quantity or standard of such petroleum product, sells, offers for sale, stores, or uses any petroleum product without having procured a permit as required by Section 8-17-85, fails to make any report to the Revenue Commissioner as required by this article, makes a false certificate of the number of gallons of such petroleum product sold, stored, or used during the preceding month or who otherwise violates or fails to comply with the provisions of this article shall be guilty of a misdemeanor.

(b) The Commissioner of Agriculture and Industries may revoke the permit, referenced in Section 8-17-85, of any person found upon investigation to have sold, offered for sale, stored, or used any petroleum product below the minimum standards adopted by the Board of Agriculture and Industries pursuant to the provisions of this article or when the Revenue Commissioner has notified the Commissioner of Agriculture and Industries that the taxpayer has failed or refused, subject to the appeal provisions of Chapter 2A of Title 40, to file the delinquent tax return or to pay the inspection fee required by this article.

(c) The holder of any permit, referenced in Section 8-17-85, that may be revoked pursuant to the provisions of this section shall have the right, upon request of such holder, to a hearing before the Commissioner of Agriculture and Industries, at which such holder may appear personally or by legal representative, and he or she may appeal from the decision of the commissioner by filing in the Circuit Court of Montgomery County a petition for an injunction against the commissioner. In the event such an injunction is sought, sufficient bond shall be filed with the court and conditioned as the law now provides relative to injunction bonds. The findings of the commissioner shall be presumed to be correct.
Ala. Code § 8-1-103 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-103
Section 8-1-103 Selling Improvements on Public Lands by Person Making Same
Status: in_force

Nothing in Sections 8-1-100 and 8-1-101 must be so construed as to prevent any person who has made improvements on public lands from selling the same and receiving the purchase money therefor.
Ala. Code § 8-37-8 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-8
Section 8-37-8 Enforcement
Status: in_force

(a) The Superintendent of Banks may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing, the superintendent may do both of the following:

(1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further GAP waiver-related operations which are in violation of this chapter.

(2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter, a violation shall be considered to be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the action, conduct, or practice which is determined to be a violation of the chapter occurred.

(b) If requested by a retail seller, the Superintendent of Banks may determine that the insurance policy required by subsection (d) of Section 8-37-3 is not required for a retail seller that does not assign any of its finance agreements to any entity other than an affiliate and if the affiliated assignee agrees that the insurance policy is waived and the finance agreements will not be further assigned. The superintendent may require the evidence and assurances that the superintendent determines is needed to make that determination.
Ala. Code § 8-26B-17 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-17
Section 8-26B-17 Civil Penalty
Status: in_force

The Secretary of State may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this chapter.
Ala. Code § 8-6-172 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-172
Section 8-6-172 Notification of Department and Commission - Disclosure of Information
Status: in_force

If a qualified individual reasonably believes that financial exploitation of a vulnerable adult may have occurred, may have been attempted, or is being attempted, the qualified individual shall promptly notify the department and the commission.
Ala. Code § 8-36-1 — Alabama Code / Title 8 / Chapter 36 / Section 8-36-1
Section 8-36-1 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) RESIDENTIAL REAL ESTATE. A new or existing building constructed for habitation by one to four families, including detached garages.

(2) RESIDENTIAL ROOFING CONTRACTOR. A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems.

(3) ROOF SYSTEM. A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation.
Ala. Code § 8-21B-10 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-10
Section 8-21B-10 Reasonableness
Status: in_force

This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable.
Ala. Code § 8-17-95 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-95
Section 8-17-95 (Effective October 1, 2016) Floor-Stocks Inspection Fee
Status: in_force

(a) There is hereby imposed a floor-stocks inspection fee on gasoline held in inventory outside of the bulk transfer/terminal system, as defined in Section 40-17-322, but not at the retail level, on October 1, 2016, if:

(1) No inspection fee was imposed on the gasoline under Section 8-17-87, as of September 30, 2016; and

(2) The inspection fee would have been imposed on the gasoline by this article had it been in effect for the periods prior to October 1, 2016.

(b) The rate of the inspection fee imposed by this section shall be the amount of the fee imposed under Section 8-17-87, on September 30, 2016.

(c) Any person owning gasoline on October 1, 2016, to which the inspection fee imposed by this section applies, shall be liable for the inspection fee. The inspection fee imposed by this section shall be paid on or before December 31, 2016, and shall be paid in the manner prescribed by the Department of Revenue.
Ala. Code § 8-22-17 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-17
Section 8-22-17 Equity Action by Person Injured from Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction
Status: in_force

(a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney’s fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney’s fees, shall be entitled to recover from the defendant the damages sustained by him.

(b) A person injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and for actual damages. Any actual damages found to have resulted from violations of this chapter shall be trebled by the court in making its award. Any action under this subsection shall be brought within two years after the alleged violations occurred.

(c) The court, in making an award under subsection (b) of this section, may award court costs and reasonable attorney’s fees to the prevailing party.

(d) The courts of this state are empowered with jurisdiction to hear and determine all cases brought under this section. Venue lies in any county where the defendant or any of them resides or does business or where the cause of action accrues.
Ala. Code § 8-1A-19 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-19
Section 8-1A-19 Interoperability
Status: in_force

(a) A governmental agency of this state which adopts standards pursuant to Section 8-1A-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.

(b) The Alabama Office of Information Technology, by rule, may provide a procedure for any agency under the purview of the office to create and retain electronic records, convert written records to electronic records, and accept electronic signatures. The rule shall satisfy the requirements of Sections 8-1A-17 and 8-1A-18, shall be permissive, and may not repeal or alter any existing or future agency rules relating to electronic signatures or electronic records.
Ala. Code § 8-14-21 — Alabama Code / Title 8 / Chapter 14 / Section 8-14-21
Section 8-14-21 Prohibited Hours of Sale
Status: reserved

Repealed by Act 98-271, §3, effective July 1, 1998 .
Ala. Code § 8-17-216 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-216
Section 8-17-216 Permits for Sale, Use, Etc., of Special Fireworks for Public Displays
Status: in_force

(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks by the Alcohol, Tobacco, and Firearms Division of the United States Treasury Department, and their requirements met and any permit or license required by them secured before application for a state display permit is made.

(b) Application for a state permit for public display of special fireworks must be made in writing to the State Fire Marshal at least 10 days before the display date. The State Fire Marshal may accept an application for a state permit for public display of special fireworks less than 10 days before the display date if accompanied by a fee of double the amount otherwise required. The application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to property and that it shall not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of such municipality. Permits issued shall be limited to the time specified therein and shall not be transferable.

(c) Possession and sale of special fireworks shall be limited to a holder of a federal license issued for display fireworks. Possession of special fireworks for resale to holders of a permit for public display shall be confined to holders of a distributor’s permit only. Provided, however, a distributor’s permit shall not be required where the special fireworks are for public display to be performed solely for The Alabama June Jam, Inc.; and provided further that the application for the state permit for public display shall show that the proposed display is to be performed solely for The Alabama June Jam, Inc.

(d) Nothing in this article shall apply to Class C firework displays.
Ala. Code § 8-17-83 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-83
Section 8-17-83 Adulteration or Lowering of Standard Prohibited
Status: in_force

It shall be unlawful for any person who has purchased for resale any petroleum product in respect of which an inspection fee has been paid or which has been designated “guaranteed legal standard” to adulterate or in any way lower the standard of the said petroleum product by the addition of any other liquid or substance, including, without limitation to, any other petroleum product, or to sell, offer for sale, store or use any petroleum product so adulterated or lowered in standard.