reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-22 - Use, Furnishing, Trafficking, or Possession of Containers Without Consent Presumptive Evidence of Unlawful Use or Purchase.

Section 8-12-22
Use, furnishing, trafficking, or possession of containers without consent presumptive evidence of unlawful use or purchase.
The use by any person or corporation, other than the person or corporation whose name, mark, or device may be, or may have been, upon the same, without the written consent of, or purchase from, the owner of any bottle, box, siphon, fountain, or keg, a description of the name, mark, or device whereon shall have been filed and published as provided in Section 8-12-20, for the sale of soda water, mineral, or aerated water, ginger ale, milk, cream, beer, ale, or other beverages, any article of merchandise, medicines, compounds, or preparations, or for the furnishing of such similar beverages to customers or the buying, selling, using, disposing of, or trafficking in any such bottles, boxes, siphons, fountains, or kegs by any person or corporation other than the person or corporation owning the name, mark, or device thereon of such owner, without his written consent, or the having by any junk dealer, or dealer in secondhand articles, possession of any such bottles, siphons, boxes, fountains, or kegs without the written consent of the owner, shall be presumptive evidence of the unlawful use or purchase of or traffic in such bottles, boxes, siphons, fountains, or kegs.
(Code 1896, §5569; Code 1907, §7320; Code 1923, §4901; Code 1940, T. 57, §91.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-23 - Issuance of Search Warrant for Containers Unlawfully Used or Held.

Section 8-12-23
Issuance of search warrant for containers unlawfully used or held.
Whenever any person, corporation, or their agent shall make oath before any judge that he has reason to believe, and does believe, that any of his bottles, boxes, siphons, fountains, or kegs, a description of the name, marks, or devices whereon has been filed and published as provided in Section 8-12-20, are being unlawfully used, filled, or had by any person or corporation manufacturing or selling soda, mineral, or aerated waters, cider, ginger ale, milk, cream, beer, ale, or other beverages, or that any junk dealer, dealer in secondhand articles, vendor of bottles, or any person or corporation has any such bottles, boxes, siphons, fountains, or kegs in his possession or secreted in any place, such judge must issue a search warrant to discover and seize such property, whereupon such proceedings must be had as in other cases in which search warrants have issued.
(Code 1896, §5570; Code 1907, §7321; Code 1923, §4902; Code 1940, T. 57, §92.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-40 - Purchase, Sale, etc., of Container Upon Which Name Appears.

Section 8-12-40
Purchase, sale, etc., of container upon which name appears.
It shall be unlawful for any person, firm, or corporation, other than the owner thereof, to purchase, offer to purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container upon which or in which, appears in permanent form, the name, trade name, or trademark of the owner thereof, in which milk or milk products are sold and delivered with the understanding at the time of such sale and delivery of the contents thereof that such bottle, can, crate, or container is the property of the person, firm, or corporation whose name, trade name, or trademark is designated in permanent form thereon or therein; provided, that this section shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor shall it apply to purchasers at execution sales or other judicial sales; provided further, that any person, firm, or corporation who may sell or otherwise dispose of his, their, or its business in bulk may transfer his, their, or its bottles, cans, crates, or containers to his, their, or its vendee by bill of sale; provided further, that the provisions of this section shall not apply to bottle exchanges which are operated by or patronized by the owners of such bottles, cans, crates, or like containers.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §402.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-41 - Presumption of Ownership.

Section 8-12-41
Presumption of ownership.
Whenever the name, trade name, or trademark of any person, firm, or corporation appears in permanent form upon, or in, any milk bottle, can, crate, or container of any kind in which milk or milk products are sold and delivered, such fact shall create a rebuttable presumption that such person, firm, or corporation is the owner thereof.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §403.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-42 - Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation.

Section 8-12-42
Possession by secondhand or junk dealer prima facie evidence of violation.
The use, possession, or control by any person, firm, or corporation engaged in the business of buying, selling, renting, receiving, storing, transporting, or dealing in secondhand merchandise or junk of any milk bottle, can, crate, carton, or container which has marked thereon or therein, in permanent form, the name of any dairy, dairyman, milk producer, milk distributor, milk vendor, or milk dealer shall be prima facie evidence of the violation of Section 8-12-40.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §404.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-43 - Enforcement of Article.

Section 8-12-43
Enforcement of article.
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this article.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to this article.
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 4 - Marked Containers for Milk and Milk Products. › Section 8-12-44 - Penalty for Violation of Article.

Section 8-12-44
Penalty for violation of article.
Any person violating any provision of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months.
(Ag. Code 1927, §611; Code 1940, T. 2, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-1 - Definitions.

Section 8-12A-1
Definitions.
The following terms shall have the following meanings:
(1) DEMAND LETTER. A letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement.
(2) TARGET. A person located in this state that satisfies any of the following:
a. Has received a demand letter alleging that a patent infringement has been made.
b. Has been threatened with litigation alleging patent infringement.
c. The customers of which have received a demand letter asserting that the person's product, service, or technology has infringed a patent.
(Act 2014-218, p. 686, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-3 - Commencement of Actions.

Section 8-12A-3
Commencement of actions.
An action under Section 8-12A-2 shall be commenced no later than five years after the violation occurred.
(Act 2014-218, p. 686, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-4 - Enforcement and Licensing of Patent.

Section 8-12A-4
Enforcement and licensing of patent.
Provided that the assertion of patent infringement is not made in bad faith, nothing in this chapter shall be construed to deem it a violation of this chapter for any person who owns or has the right to license or enforce a patent to advise others of that ownership or right of license or enforcement; to communicate to others that the patent is available for license or sale; to notify another of the infringement of that patent pursuant to 35 U.S.C. § 287; or to seek compensation on account of a past or present infringement, or for a license to the patent, when it is reasonable to believe that the person from whom compensation is sought may owe such compensation or may need or want such a license to practice the patent.
(Act 2014-218, p. 686, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-5 - Violations.

Section 8-12A-5
Violations.
Any person who continuously and willfully violates Section 8-12A-2 shall be guilty of a Class A misdemeanor.
(Act 2014-218, p. 686, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-6 - Construction of Chapter.

Section 8-12A-6
Construction of chapter.
(a) This chapter shall not be construed to limit rights and remedies available to the State of Alabama or to any person under any other law and shall not alter or restrict the Attorney General's authority under law with regard to conduct involving assertions of patent infringement.
(b) This chapter shall be interpreted consistently with any federal law or regulations governing patents or patent infringement.
(Act 2014-218, p. 686, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12A - Patent Infriingement. › Section 8-12A-7 - Relation to Federal Law.

Section 8-12A-7
Relation to federal law.
A demand letter or civil action that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) is not subject to the requirements of this chapter.
(Act 2014-218, p. 686, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-2 - License - Required; Display on Premises of Sale; Display of License Number and Date of Issuance in Advertising.

Section 8-13-2
License - Required; display on premises of sale; display of license number and date of issuance in advertising.
(a) It shall be unlawful for any person to sell, offer for sale, or advertise for sale at a going out of business sale or a distress merchandise sale any goods, wares, or merchandise, whether it be his property or that of another, unless a license for such sale has been issued pursuant to this chapter and is in effect.
(b) Such license must be displayed in a prominent place on the premises wherein any such sale is being conducted, and the number and date of issue of the license must be displayed in any advertising of the sale.
(Acts 1965, No. 553, p. 1027, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-4 - License - Bond Required of Applicant.

Section 8-13-4
License - Bond required of applicant.
(a) Every applicant for a going out of business sale or distress merchandise sale license shall execute and file with the probate judge to whom the application is made a good and sufficient bond in the sum of $2,500 or five percent of the wholesale value of the inventory as set forth in the application, whichever is greater, with two or more sureties thereon, approved by said probate judge or with the surety thereon a surety company authorized to do business in the State of Alabama, which bond in any event shall be approved by said probate judge, payable to the State of Alabama, and shall be conditioned upon faithful observance of all the conditions of this chapter and shall also indemnify any purchaser at such sale who suffers any loss by reason of misrepresentation in said sale.
(b) Such bond shall continue in effect for one year after the termination of the sale for which it is made.
(c) The licensee shall notify the probate judge issuing the license of any action filed as a result of the operation hereby licensed. Any purchaser claiming to have been damaged by misrepresentation in such going out of business sale or distress merchandise sale may maintain an action against the licensee making such misrepresentations and may join as party defendant the surety or sureties on the bond.
(d) If an action is filed by any purchaser or purchasers at a licensed sale within one year after the termination of the sale, the bond shall remain in force and effect until all actions are concluded and the judgment or judgments, if any, paid in full.
(e) In the event the applicant fails to observe all of the provisions of this chapter in conducting such sale for which the bond is given, the bond will be deemed to be forfeited, and any district attorney of the State of Alabama may recover in an action in the circuit court of the county in which the bond was given the amount of the bond from applicant and his sureties for the use and benefit of the State of Alabama.
(Acts 1965, No. 553, p. 1027, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-5 - License - Public Hearing on Application.

Section 8-13-5
License - Public hearing on application.
The probate judge to whom the application for a going out of business sale or distress merchandise sale license is made, or his designee, shall conduct a public hearing not later than two weeks after an application has been filed. At least one week prior to such hearing the probate judge shall publish, at the expense of the applicant, a notice of the hearing in a local newspaper of general circulation. The probate judge may require that a record be made of the public hearing and that the testimony at such hearing be under oath.
(Acts 1965, No. 553, p. 1027, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-6 - License - Investigation; Investigation Fee; Cost of Independent Audit; Applicant's Refusal to Pay Investigation Fee and Costs.

Section 8-13-6
License - Investigation; investigation fee; cost of independent audit; applicant's refusal to pay investigation fee and costs.
(a) When an application for a license to conduct a going out of business sale or distress merchandise sale is filed, the probate judge to whom the application is made shall make such investigation as he deems necessary prior to the public hearing hereinafter provided.
(b) The applicant shall pay to such probate judge at the time the application is filed a fee of $10 for making such an investigation, and if such probate judge deems it necessary to have an independent inventory or audit of the applicant's books made, he shall advise the applicant of the cost of such independent inventory or audit and applicant shall pay such amount to such probate judge to be used by him to pay the cost of such inventory and/or audit.
(c) The applicant's refusal to pay the fee and costs hereinabove provided and his refusal to permit examination of his books and records or his goods, wares and merchandise is ground for refusal by such probate judge to issue a license.
(Acts 1965, No. 553, p. 1027, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-7 - License - License Issued Only to Bona Fide Merchant.

Section 8-13-7
License - License issued only to bona fide merchant.
No license for a going out of business sale or a distress merchandise sale shall be issued except to a bona fide licensed merchant of the State of Alabama, and no such license shall be granted to an applicant who sets up an establishment or who acquires an interest in an establishment solely or principally for the purpose of conducting a going out of business sale or distress merchandise sale.
(Acts 1965, No. 553, p. 1027, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-8 - License - Fee Generally; Renewal Fee; Issuing Fee; Costs of Investigation and Public Hearing.

Section 8-13-8
License - Fee generally; renewal fee; issuing fee; costs of investigation and public hearing.
(a) For a license for a going out of business sale or distress merchandise sale issued for 30 days or less, the applicant shall pay to the probate judge issuing the same, for the use and benefit of the State of Alabama, a license fee in accordance with the following schedule:
(1) $50 if inventory is $10,000 or less.
(2) $100 if inventory is over $10,000 but less than $25,000.
(3) $200 if inventory is over $25,000 but less than $50,000.
(4) $300 if inventory is over $50,000 but not over $100,000.
(5) $400 if inventory is over $100,000 but not over $200,000.
(6) $500 if inventory is over $200,000.
(b) For a license renewal of 30 days or less, the applicant shall pay an additional license fee of $100.
(c) The applicant shall also pay to the probate judge issuing the license an issuing fee of $25 for each license issued hereunder, and for each renewal of such license, if any, and for all costs of investigation and public hearing.
(Acts 1965, No. 553, p. 1027, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-9 - License - When Probate Judge to Issue License.

Section 8-13-9
License - When probate judge to issue license.
A license shall be issued to an applicant when the probate judge to whom the application for a going out of business sale or distress merchandise sale is made is satisfied after investigation and public hearing that:
(1) The applicant intends to discontinue his business at the location designated in the application on the date specified therein if such sale is a going out of business sale;
(2) The applicant's inventory, on hand and on order, is not out of proportion to the stock normally carried by such applicant;
(3) The applicant has not purchased or otherwise acquired goods, wares, or merchandise for the purpose of conducting a going out of business sale or distress merchandise sale;
(4) The goods, wares, or merchandise to be offered for sale are those of a bona fide merchant of the State of Alabama;
(5) No misrepresentation of the goods to be sold has been made or will be practiced; and
(6) The applicant has complied with the provisions of this chapter in all other respects not specifically set forth in this section.
(Acts 1965, No. 553, p. 1027, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-10 - License - Restrictions on Issuance.

Section 8-13-10
License - Restrictions on issuance.
No license shall, under any circumstances, be granted to any persons, applicant, or owner within a period of two years after the termination of any going out of business sale by such person, applicant, or owner, held or conducted under this chapter. No person, applicant, or owner who has been convicted of violating any of the provisions of this chapter relating to the conduct of going out of business sales or distress merchandise sales shall be granted a license for such sale or sales or be employed, in any manner at or in connection with any going out of business sale or distress merchandise sale licensed hereunder for a period of 10 years after such conviction.
(Acts 1965, No. 553, p. 1027, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-11 - License - Surrender of Business Licenses.

Section 8-13-11
License - Surrender of business licenses.
At the time a license is issued hereunder for a going out of business sale, the applicant shall surrender to the probate judge issuing the same all licenses held by him at that time for the regular operation of his business at the location where such sale is to be held, and the same shall no longer be of force and effect.
(Acts 1965, No. 553, p. 1027, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-12 - License - Duration of License; Sale Prohibited Between November 15 and December 31; Extension of License.

Section 8-13-12
License - Duration of license; sale prohibited between November 15 and December 31; extension of license.
A license for a going out of business sale or distress merchandise sale shall be limited to a period of 30 consecutive business days, exclusive of Sundays and legal holidays. No license shall be issued for a period that will include any of the days between November 15 through December 31, inclusive, and no going out of business sale or distress merchandise sale may be conducted during that period. If a licensee does not sell the quantity of goods, wares, or merchandise permitted under this chapter, he may apply for, and the probate judge may grant an extension of 30 days upon good cause shown.
(Acts 1965, No. 553, p. 1027, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-13 - License - Revocation or Suspension.

Section 8-13-13
License - Revocation or suspension.
The probate judge issuing a license for a going out of business sale or distress merchandise sale may revoke or suspend the same if any licensee sells, offers for sale, or advertises for sale any goods, wares, or merchandise in addition to those specified under Section 8-13-17, violates any of the provisions of this chapter or any other law relating to the business so licensed or otherwise fails to comply with the terms of this chapter.
(Acts 1965, No. 553, p. 1027, §21.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-14 - Use of Trade, Business or Firm Name of Licensee After Issuance of License.

Section 8-13-14
Use of trade, business or firm name of licensee after issuance of license.
It shall be unlawful for any person to use the trade, business, or firm name of a licensee for a period of one year after the expiration of a license issued under this chapter, if such license is issued for a going out of business sale; provided, however, that an applicant may continue the use of such name at a different location if it has been, and is at the time the application is filed, being used at a different location within the State of Alabama by applicant.
(Acts 1965, No. 553, p. 1027, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-15 - Sales to Be Held Only at Regular Store Hours; Exceptions.

Section 8-13-15
Sales to be held only at regular store hours; exceptions.
No going out of business sale or distress merchandise sale shall be held at times other than regular store hours of the applicant, except that the probate judge issuing the license may make reasonable provision for extra evening hours upon good cause shown by the applicant.
(Acts 1965, No. 553, p. 1027, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-16 - Advertising.

Section 8-13-16
Advertising.
A licensee shall not advertise a going out of business sale or distress merchandise sale earlier than seven days prior to the date on which the sale is licensed to begin. Advertising of such sales shall state the number of the license issued pursuant to this chapter and the date when the sale is to begin and, during the last 15 days of such sale, shall clearly and prominently state the date upon which the sale shall end.
(Acts 1965, No. 553, p. 1027, §15.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-17 - Sale Limited to Inventoried Stock; Additions to Inventory.

Section 8-13-17
Sale limited to inventoried stock; additions to inventory.
(a) During any going out of business sale or distress merchandise sale, it shall be unlawful for a licensee to sell, offer for sale, or advertise for sale any goods, wares, or merchandise which were not included in the inventory filed with his application or added to his stock as permitted in this section.
(b) During any licensed going out of business sale or distress merchandise sale, no additions shall be made to the stock of merchandise set forth in the inventory attached to the application for the license; provided, however, that the applicant may add new stock not to exceed 10 percent of the dollar value of the inventory of goods, wares, or merchandise on hand as shown in the inventory attached to the application filed pursuant to this chapter; and provided further, that the addition of 10 percent shall include the goods, wares, or merchandise on order as shown in the application. The purpose of said additions to inventory shall be only to maintain reasonably balanced selections.
(Acts 1965, No. 553, p. 1027, §16.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-18 - Daily Report of Merchandise Received; Failure to Report Ground for License Revocation.

Section 8-13-18
Daily report of merchandise received; failure to report ground for license revocation.
A licensee in a going out of business sale or distress merchandise sale shall file with the probate judge issuing the license a daily report under oath of merchandise received. The report shall show the quantity, kind, and grade of each item received, the supplier of each item, and the wholesale value thereof. Failure to report any receipt of goods while a license is in force is ground for revocation of the license, in the discretion of the probate judge issuing the same.
(Acts 1965, No. 553, p. 1027, §17.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-20 - False Bidders, etc., Prohibited.

Section 8-13-20
False bidders, etc., prohibited.
No person who is not a bona fide potential purchaser shall act at any going out of business sale or distress merchandise sale as bidder, or what is commonly known as a "capper," "booster," or "shiller," or offer or make any false bid to buy any article sold or offered for sale at any going out of business sale or distress merchandise sale.
(Acts 1965, No. 553, p. 1027, §19.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-21 - Licensee to Be in Continuous Attendance at Sale; Licensee Responsible for Violations of Chapter.

Section 8-13-21
Licensee to be in continuous attendance at sale; licensee responsible for violations of chapter.
The person to whom a license has been granted under this chapter, or his authorized representative, shall remain in continuous attendance at all times while a going out of business sale or distress merchandise sale is being conducted, and he shall be responsible for any violation of the provisions of this chapter.
(Acts 1965, No. 553, p. 1027, §20.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-22 - Penalties for Violation of Chapter; Each Sale, etc., Constitutes Separate Offense.

Section 8-13-22
Penalties for violation of chapter; each sale, etc., constitutes separate offense.
(a) A person convicted of a willful violation of any of the provisions of this chapter shall be fined not more than $100 and may be imprisoned for not more than six months, or both.
(b) Each separate sale, offering for sale, or advertising for sale at a going out of business sale or distress merchandise sale of any goods, wares, or merchandise in violation of the provisions of this chapter constitutes a separate offense.
(Acts 1965, No. 553, p. 1027, §23.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 13 - Going Out of Business or Distress Merchandise Sales. › Section 8-13-23 - Chapter Not Applicable to Certain Sales.

Section 8-13-23
Chapter not applicable to certain sales.
In the following cases the provisions of this chapter shall not apply:
(1) Sales for the estate of a decedent by the personal representative, or his agent, according to law or by the provisions of the will.
(2) Sales of property conveyed by deed of trust, mortgage, or judgment or ordered to be sold according to the mortgage, judgment, or order.
(3) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his control on or belonging to his real or personal estate and not purchased or sold for speculation.
(4) All sales under legal process.
(5) Sales by a licensed pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law.
(6) Sales made within the incorporated limits or police jurisdiction of any municipality of the State of Alabama under a license granted by such municipality pursuant to the provisions of a valid ordinance of such municipality similar to the provisions of this chapter.
(7) Sales of automobiles by an auctioneer licensed under the laws of the State of Alabama.
(8) Sales of fire, smoke, or water damaged merchandise by a licensed business establishment continuing in business. Such sales shall be limited to 12 regular business days.
(9) Sales of perishable merchandise by a licensed business establishment continuing in business. Such sales shall be limited to seven regular business days.
(Acts 1965, No. 553, p. 1027, §24.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 1 - General Provisions. › Section 8-14-1 - Records to Be Kept by Persons Selling Personal Property at Auction; Inspection of Records by Law Enforcement Officers.

Section 8-14-1
Records to be kept by persons selling personal property at auction; inspection of records by law enforcement officers.
(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.
(Acts 1966, Ex. Sess., No. 428, p. 572, §§1, 2, 3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-20 - Sales at Auction Restricted.

Section 8-14-20
Sales at auction restricted.
Repealed by Act 98-271, §3, effective July 1, 1998 .
(Acts 1923, No. 522, p. 691; Code 1923, §3319; Code 1940, T. 57, §84.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-21 - Prohibited Hours of Sale.

Section 8-14-21
Prohibited hours of sale.
Repealed by Act 98-271, §3, effective July 1, 1998 .
(Code 1923, §3320; Acts 1932, Ex. Sess., No. 322, p. 314; Code 1940, T. 57, §85.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-22 - By-Bidders, Cappers, and Boosters.

Section 8-14-22
By-bidders, cappers, and boosters.
It shall be unlawful for any person to act as by-bidder, or what is commonly known as capper or booster, at any public auction regulated by this article, or to place, offer, or make any false bid to buy, or pretend to buy, any article sold or offered for sale at any such auction sale.
(Acts 1923, No. 522, p. 691; Code 1923, §3321; Code 1940, T. 57, §86.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-23 - Descriptions of Goods Considered Warranties.

Section 8-14-23
Descriptions of goods considered warranties.
Any person, firm, or corporation selling, disposing of, or offering for sale at public auction any gold, silver, plated ware, precious stones, watches, clocks, jewelry, bric-a-brac, china, or glassware shall be truthful in describing the same with respect to the character, quality, kind, and description of the same, which, for the purpose thereof, shall be considered as warranties.
(Acts 1923, No. 522, p. 691; Code 1923, §3322; Code 1940, T. 57, §87.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 14 - Public Auctions. › Article 2 - Sale of Gold, Silver, Watches, Jewelry, China, Etc. › Section 8-14-24 - Penalty for Violation of Article.

Section 8-14-24
Penalty for violation of article.
Any person, firm, or corporation violating any of the provisions of this article shall be fined upon conviction in a sum not exceeding $500, to which may be added imprisonment for not exceeding 90 days in the discretion of the court.
(Acts 1923, No. 522, p. 691; Code 1923, §3323; Code 1940, T. 57, §88.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-1 - Definition; Supervision by Commissioner of Agriculture and Industries.

Section 8-15-1
Definition; supervision by Commissioner of Agriculture and Industries.
(a) All buildings, structures, or other protected enclosures used for storage of cotton or other articles of value for the public, with or without compensation, and all buildings, structures, or other protected enclosures for the storage of cotton or other articles of value where a statement is issued acknowledging the receipt of the articles of goods stored and undertaking to deliver the same are declared to be public warehouses.
(b) All such warehouses shall be under the supervision of the Commissioner of Agriculture and Industries, whose duty it shall be to enforce the requirements of the law and the rules and regulations promulgated by the State Board of Agriculture and Industries relative to public warehouses.
(c) The term "public warehouse," as used in this chapter, shall not be construed as applying to any building, structure, or protected enclosure, or portion thereof, used exclusively for the checking or storing of hats, wearing apparel, or baggage or exclusively for the storing of furs when the storage thereof is merely incidental to the business of a dealer therein or to the business of cleaning or renovating such furs.
(Ag. Code 1927, §388; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §568; Acts 1943, No. 301, p. 260.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-2 - Promulgation of Standards, Character of Records, Rules and Regulations by State Board of Agriculture and Industries.

Section 8-15-2
Promulgation of standards, character of records, rules and regulations by State Board of Agriculture and Industries.
The State Board of Agriculture and Industries shall have authority to:
(1) Provide the standards as to the suitability or adequacy for the purpose for which it is used or intended of any warehouse building, structure, or protected enclosure used for the storage of cotton or other articles of value;
(2) Prescribe the character of records; and
(3) Promulgate such other rules and regulations relative to the conduct of the business of a public warehouse and such as are necessary to effect the purposes of this chapter.
(Ag. Code 1927, §389; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §569.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-3 - Permit - Required; Application; Fees.

Section 8-15-3
Permit - Required; application; fees.
(a) The judge of probate of the county may not issue a license permitting anyone to transact business as a public warehouseman unless the person presents to the judge of probate a permit to transact such business issued by the Commissioner of Agriculture and Industries showing that he or she has complied with all the provisions of the law and rules and regulations promulgated by the State Board of Agriculture and Industries relative to public warehouses.
(b) Any person desiring to operate a public warehouse shall file with the Commissioner of Agriculture and Industries, upon forms prescribed by the commissioner, a written application, verified by affidavit, which shall set forth the location and the name of such warehouse and the name of such person interested as owner or principal in the management of the same or, if it is managed or controlled by a corporation, the names of the president, secretary, and treasurer of such corporation shall be stated, and the location of the principal office of such corporation. The application shall also state the character of goods or articles for the storage of which the public warehouse will be operated, and the estimated value of articles stored in such warehouse at the time, and during the preceding 12 months, when the value of the articles stored was the greatest.
(c) In the event cotton is stored in the warehouse, the verified application shall also state the number of bales of cotton stored therein during the 12 months next preceding the date of the application.
(d) Where no business has been done during the previous year, the application must state an estimate of the value of the articles which it is anticipated will be stored during the first year in the warehouse.
(e) The application shall also show what persons are authorized to sign receipts for the warehouse.
(f) A filing fee established by the Board of Agriculture and Industries not to exceed one hundred fifty dollars ($150) shall accompany the application, which shall accrue to the credit of the Agricultural Fund to be used in defraying the expenses of executing the provisions of this chapter.
(g) The Commissioner of Agriculture and Industries may issue a permit to a federally bonded warehouse upon the payment of the fee established by the board not to exceed one hundred fifty dollars ($150) without the filing of any bond with the state.
(Ag. Code 1927, §390; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §570; Acts 1981, No. 81-693, p. 1165, §1; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-4 - Permit - False Statements in Application.

Section 8-15-4
Permit - False statements in application.
Any person making a false material statement in an application filed under this chapter to secure a permit to operate a public warehouse shall be guilty of perjury and, upon conviction, shall be punished as now provided by law for the commission of such offense.
(Ag. Code 1927, §407; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §586.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-5 - Permit - Investigation of Building and Applicant.

Section 8-15-5
Permit - Investigation of building and applicant.
(a) Upon the filing of an application with the Commissioner of Agriculture and Industries to secure a permit for the operation of a public warehouse, the commissioner or his duly authorized agent shall make such investigation as necessary to ascertain whether or not the statements contained in such application are true and correct, whether or not the building, structure, or protected enclosure is reasonably suited or adequate for the purpose for which it is intended to be used and whether or not there has been a compliance with all conditions as required by the law and the rules and regulations of the State Board of Agriculture and Industries relative to public warehouses.
(b) The Commissioner of Agriculture and Industries may investigate and consider the responsibility, reliability, and qualifications, as well as the capacity of the person or persons filing with him an application, for a permit to operate a public warehouse, both with reference to the person or persons applying for such permit and the person who is shown in the application as the person authorized to sign receipts for the warehouse.
(Ag. Code 1927, §391; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §571.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-6 - Permit - Notification of Grant or Denial; Appeals.

Section 8-15-6
Permit - Notification of grant or denial; appeals.
(a) The Commissioner of Agriculture and Industries shall promptly notify any person applying for a permit to operate a public warehouse whether or not such application has been granted.
(b) In the event the Commissioner of Agriculture and Industries refuses to grant such permit, the applicant may give written notice, by filing the same with the chief clerk of the Department of Agriculture and Industries, that he appeals from the decision of the commissioner to the State Board of Agriculture and Industries. Such appeal must be heard at the next meeting of the board, at which time the board shall investigate the facts and hear from both the commissioner or his duly authorized agent and the applicant and, after due consideration, enter a written finding determining whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and Industries, an appeal lies to the Circuit Court of Montgomery County. In the trial in the circuit court, the order of the board shall be presumed to be correct, and the burden shall be upon the applicant to show to the satisfaction of the court beyond a reasonable doubt that he is entitled to be permitted to engage in the operation of a public warehouse under the laws and rules and regulations relating to the same.
(Ag. Code 1927, §392; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §572.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-7 - Permit - Bond and Proof of Insurance; Prerequisite to Issuance of Permit; Filing of Additional Bonds; Actions on Bond.

Section 8-15-7
Permit - Bond and proof of insurance; prerequisite to issuance of permit; filing of additional bonds; actions on bond.
(a) In the event the Commissioner of Agriculture and Industries decides that a permit to operate a public warehouse should be issued, he shall fix the amount of the bond, which shall be furnished by the applicant and approved by the commissioner prior to the issuance of the permit. In addition to the requirement of bond, the commissioner may require the applicant, as a prerequisite to the issuance of such bond, to furnish legal proof of warehouseman's legal liability insurance in effect on the commodities to be stored in any such public warehouse.
(b) Such bond shall be made with some surety company that has complied with the laws of the State of Alabama and which has a reputation for promptly settling claims upon their merits and shall be payable to the State of Alabama in such sum as the Commissioner of Agriculture and Industries may fix, but in no event be more than $5,000. Said bond shall be conditioned upon the faithful performance of his or its duties as a public warehouseman for the period covered by the permit and for a faithful compliance with all laws, rules, and regulations relating to the operation of a public warehouse.
(c) Notwithstanding the above bond requirements the Commissioner of Agriculture and Industries may require the filing of additional bonds at any time by any warehouseman storing agricultural commodities, and the failure to file any such additional bonds, within the time to be fixed by the commissioner, shall be sufficient cause for revoking the permit issued such warehouseman.
(d) The bond required of an applicant for a permit to operate a public warehouse shall also undertake to pay to the State of Alabama all expenses of any successful litigation which the state institutes to compel a compliance with the laws and rules and regulations relative to public warehouses.
(e) Any person who suffers a loss because of a breach of the conditions of the required public warehouseman's bond may bring an action on such bond in his own name against the principal and surety thereon for any such breach and loss until the penalty of said bond is exhausted; provided, that the aggregate liability of the surety to all such persons shall in no event exceed the amount of such bond. In the event the penalty is exhausted, the Commissioner of Agriculture and Industries shall require the filing of an additional bond within a reasonable time period, or revoke the permit heretofore issued.
(Ag. Code 1927, §§393, 394; Acts 1931, No. 737, p. 844; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §§573, 574; Acts 1980, No. 80-83, p. 107.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-8 - Permit - Recordation.

Section 8-15-8
Permit - Recordation.
Repealed by Act 2014-315, §1, effective April 8, 2014.
(Ag. Code 1927, §396; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §576.)