reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-249 - Suspension or Revocation of Certification or License for Certain Actions.

Section 8-17-249
Suspension or revocation of certification or license for certain actions.
(a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any fraud or deceit in obtaining a certification or license, or gross negligence, incompetence, or gross misconduct in the conduct of blasting activities. The office may file charges of fraud, deceit, negligence, incompetence, or misconduct against any licensed person or firm. The charges shall be made in writing and the charged party shall have at least 10 days notice of the date of a formal hearing. A time and place for the hearing shall be fixed by the office, and a copy of the charges, along with the notice of time and place of hearing, shall be legally served on the person at least 10 days prior to the date of the hearing. At the hearing, the accused shall have the right to produce evidence or witnesses in his or her defense. If, after the hearing, the State Fire Marshal finds the person in violation, the office shall suspend or revoke the certification or license. The accused shall have a right to appeal the hearing to the circuit court of the county of residence of the person pursuant to the laws of civil procedure.
(b) The office may reissue a license to any person whose license has been suspended or revoked, provided the person complies with this article, and the rules and regulations promulgated by the office.
(c) The issuing authority, upon a final and binding decision of the State Fire Marshal, may reissue certification to any person whose certification has been suspended or revoked, provided the person complies with this article and the rules and regulations promulgated by the office.
(Acts 1993, No. 93-713, p. 1391, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-250 - Variations From Requirements.

Section 8-17-250
Variations from requirements.
(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency exists and that the proposed variations:
(1) Are reasonable and necessary.
(2) Will not hinder the effective administration of the article.
(3) Will not be contrary to any other applicable state or federal law.
(4) Will not cause injury to any person or damage to public or private property.
(5) Are ordered by a circuit or district court judge after a hearing upon the record of the finding of the office.
(b) The office shall establish a fee not to exceed $50 to be paid by each applicant requesting a variation.
(Acts 1993, No. 93-713, p. 1391, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-251 - Article Preempts Certain Ordinances and Regulations.

Section 8-17-251
Article preempts certain ordinances and regulations.
This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or which may be enacted in the future with respect to the subjects covered by this article. Any municipal ordinance regulating blasting or other use of explosives which was in effect on January 1, 1993, shall continue in effect. Any municipality with a more stringent ordinance or resolution relating to the use of explosives or on blasting activities in effect on January 1, 1993 is exempt from this article.
(Acts 1993, No. 93-713, p. 1391, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-252 - Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Action for Relief.

Section 8-17-252
Inspection where reasonable belief of violation; notification; citation; civil action for relief.
(a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about to engage in, any practice or activity that is prohibited by this article, the office or issuing authority shall conduct an inspection of the blasting operations and may order the permittee to monitor blast effects, with seismographic readings, unless the same information is available to the office or issuing authority as a result of a previous inspection.
(b) When, on the basis of an inspection by the office or issuing authority or seismic monitoring, it is determined by the office or issuing authority that any person is in violation of any requirements of this article, and the violation creates an imminent danger to the health, or safety of the public, or private property, the local issuing authority shall immediately notify the office of the violation. The office may immediately order a cessation of the blasting operation. The order shall remain in effect until the office determines that the condition, practice, or violation has been abated.
(c) When it is determined by the office that any person is in violation of any requirement of this article, and the violations can be reasonably expected to create a danger to the health or safety of the public or private property, the office may issue a citation to the person in violation. If, upon expiration of the period of time as originally fixed in the citation, the abatement of the violation has not been accomplished, the office may order a cessation of the blasting operation. Those orders shall remain in effect until modified, vacated, or terminated by the office or a competent court of law.
(d) Citations and orders issued under this section shall set forth with specific explanation the nature of the violation and the corrective action required. The citation or order shall be served or delivered promptly to the person in violation of this article.
(e) The office may institute a civil action for relief including a permanent or temporary injunction, restraining order, or any other appropriate relief in the circuit court for the county in which the blasting operation is located, whenever that person:
(1) Violates, fails, or refuses to comply with any reasonable order issued by the office under this article.
(2) Interferes with, hinders, or delays the office in carrying out this article.
(3) Refuses to permit entry to or inspection of the blasting operation by an authorized representative of the office.
(4) Refuses to furnish pertinent information required by the office under this article that is deemed necessary to implement this article. The court shall have jurisdiction to provide relief as may be appropriate.
(Acts 1993, No. 93-713, p. 1391, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-253 - Penalty for Violation of Act.

Section 8-17-253
Penalty for violation of act.
Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is subject to a penalty of up to $500 for each violation.
(Acts 1993, No. 93-713, p. 1391, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-254 - Exceptions.

Section 8-17-254
Exceptions.
(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.
(Acts 1993, No. 93-713, p. 1391, §15.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-255 - Disposition of Funds.

Section 8-17-255
Disposition of funds.
All sums received through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the State Treasury and credited to the State Fire Marshal's Fund authorized by Section 36-19-31. This fund shall be available to the State Fire Marshal for the operation of the State Fire Marshal's Offices, including expenditure in the administration and enforcement of this article, Article 8, Article 8A, and Article 10, training, research programs, and to support fire safety and prevention programs. Provided, however, that no funds shall be withdrawn or expended except as budgeted and allocated according to Sections 41-4-80 to 41-4-96 and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bills or other appropriations bills. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not lapse or revert to the General Fund, but shall be carried forward for the purposes of this article until expended.
(Acts 1993, No. 93-713, p. 1391, §16; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-256 - Determining Compliance With Article.

Section 8-17-256
Determining compliance with article.
In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon, and through any premises, or the site of any permitted or unpermitted commercial blasting operation without advance notice. Upon entry, the person or persons shall immediately notify the blaster in charge at the blasting operation of his or her presence so that appropriate safety instructions, if any, may be communicated, so that persons may comply with all applicable federal and state safety regulations pertaining to persons in or about a blasting operation.
(Acts 1993, No. 93-713, p. 1391, §17.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-270 - Short Title.

Section 8-17-270
Short title.
This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act.
(Act 2009-630, p. 1927, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-271 - Definitions.

Section 8-17-271
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) AGENT. Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes.
(2) CIGARETTE. Any of the following:
a. Any roll of tobacco wrapped in paper or in any substance not containing tobacco.
b. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph a.
(3) MANUFACTURER. Any of the following:
a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer.
b. Any entity that becomes a successor of an entity described in paragraph a.
(4) QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM. The laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. The program ensures that the testing repeatability remains within the required repeatability values stated in subdivision (6) of subsection (a) of Section 8-17-272 for all test trials used to certify cigarettes in accordance with this article.
(5) REPEATABILITY. The range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
(6) RETAIL DEALER. Any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(7) SALE. Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.
(8) SELL. To sell or to offer or agree to do the same.
(9) WHOLESALE DEALER. Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
(Act 2009-630, p. 1927, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-273 - Manufacturer to Submit Written Certification; Recertification; Fee.

Section 8-17-273
Manufacturer to submit written certification; recertification; fee.
(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following:
(1) Each cigarette listed in the certification has been tested in accordance with Section 8-17-272.
(2) Each cigarette listed in the certification meets the performance standard set forth in Section 8-17-272.
(b) Each cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package.
(2) Style, such as light or ultra light.
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol or chocolate, if applicable.
(6) Filter or non-filter.
(7) Package description, such as soft pack or box.
(8) Marking pursuant to Section 8-17-274.
(9) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test.
(10) The date that the testing occurred.
(c) The State Fire Marshal shall make the certifications available to the Attorney General for purposes consistent with this article and the Department of Revenue for the purposes of ensuring compliance with this section.
(d) Each cigarette certified under this section shall be recertified every three years.
(e) At the time a manufacturer submits a written certification under this section, the manufacturer shall pay to the State Fire Marshal a fee of one thousand dollars ($1,000) for each brand family of cigarettes identified in the certification. The fee paid shall apply to all cigarettes listed in the brand family identified in the certification and shall include any new cigarette certified within the brand family during the three-year certification period.
(f) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this article, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 8-17-272 and maintains records of that retesting as required by Section 8-17-272. Any altered cigarette which does not meet the performance standard set forth in Section 8-17-272 may not be sold in this state.
(Act 2009-630, p. 1927, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-274 - Fire Standards Compliant Marking.

Section 8-17-274
Fire Standards Compliant marking.
(a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Standards Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.
(b) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages including, but not limited to, packs, cartons, cases, and brands marketed by that manufacturer.
(c) Manufacturers certifying cigarettes in accordance with Section 8-17-273 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, the Department of Revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
(Act 2009-630, p. 1927, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-276 - Promulgation of Rules; Inspections.

Section 8-17-276
Promulgation of rules; inspections.
(a) The State Fire Marshal may promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to effectuate the purposes of this article.
(b) The Department of Revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Section 40-2-11, may inspect the cigarettes to determine if the cigarettes are marked as required by Section 8-17-274. If the cigarettes are not marked as required, the Department of Revenue shall notify the State Fire Marshal.
(Act 2009-630, p. 1927, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-277 - Enforcement.

Section 8-17-277
Enforcement.
To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this section.
(Act 2009-630, p. 1927, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-278 - Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund.

Section 8-17-278
Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund.
There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. The fund shall consist of all certification fees paid under Section 8-17-273 and monies recovered as penalties under Section 8-17-275. The monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for that purpose, be made available to the State Fire Marshal to support fire safety and prevention programs. All payments from the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund shall be made on the audit and warrant of the state Comptroller on vouchers certified and submitted by the State Fire Marshal.
(Act 2009-630, p. 1927, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-279 - Cigarettes for Sale Outside State.

Section 8-17-279
Cigarettes for sale outside state.
Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 8-17-272 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.
(Act 2009-630, p. 1927, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-280 - Federal Preemption.

Section 8-17-280
Federal preemption.
This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective.
(Act 2009-630, p. 1927, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-281 - Relation to Local Provisions.

Section 8-17-281
Relation to local provisions.
This article preempts any local law, ordinance, or regulation that conflicts with any provision of this article or any policy of the state implemented in accordance with this article and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or rule conflicting with or preempted by this article.
(Act 2009-630, p. 1927, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-2 - Definitions.

Section 8-18-2
Definitions.
As used in this chapter:
(1) PERSON. One or more individuals, partnerships, associations, societies, trusts, organizations or corporations.
(2) THEATRE. Any establishment in which motion pictures are exhibited to the public regularly for a charge.
(3) DISTRIBUTOR. Any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
(4) EXHIBITOR. Any person engaged in the business of operating one or more theatres.
(5) EXHIBIT or EXHIBITION. Showing a motion picture to the public for a charge.
(6) INVITATION TO BID. A written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture.
(7) BID. A written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture.
(8) LICENSE AGREEMENT. Any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(9) TRADE SCREENING. The showing of a motion picture by a distributor at the location of the film exchange that distributes his picture in Alabama, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
(10) BLIND BIDDING. The bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture.
(11) RUN. The continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area, a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run. An "exclusive run" is any run limited to a single theatre in a defined geographic area and a "nonexclusive run" is any run in more than one theatre in a defined geographic area.
(Acts 1978, No. 591, p. 702, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-3 - Legislative Intent.

Section 8-18-3
Legislative intent.
The intent of this chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state, to promote fair and effective competition in that business and to insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their municipalities or towns.
(Acts 1978, No. 591, p. 702, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-4 - Blind Bidding Prohibited; Notice of Trade Screening Required.

Section 8-18-4
Blind bidding prohibited; notice of trade screening required.
(a) Blind bidding is hereby prohibited within the state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture, before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(b) A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture.
(c) Any purported waiver of the prohibition against blind bidding in this chapter shall be void and unenforceable.
(Acts 1978, No. 591, p. 702, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-5 - Bidding Procedures.

Section 8-18-5
Bidding procedures.
(a) If bids are solicited from exhibitors for the licensing of a motion picture within the state, then:
(1) The invitation to bid shall specify:
a. Whether the run for which the bid is being solicited is a first, second or subsequent run; whether the run is an exclusive or nonexclusive run; and the geographic area for the run;
b. The names of all exhibitors who are being solicited;
c. The date and hour the invitation to bid expires; and
d. The time, date and the location, including the address, where the bids will be opened.
(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.
(3) Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within 10 business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable.
(b) Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.
(Acts 1978, No. 591, p. 702, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-6 - Award of Damages and Attorneys' Fees in Civil Actions; Injunctive, etc., Relief.

Section 8-18-6
Award of damages and attorneys' fees in civil actions; injunctive, etc., relief.
In any civil action for damages against a person for violation of the provisions of this chapter, the court may award damages to the prevailing party and reasonable attorneys' fees. The provisions of this chapter may be enforced by injunction or any other available equitable or legal remedy.
(Acts 1978, No. 591, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-1 - Short Title.

Section 8-19-1
Short title.
This chapter shall be known and may be cited as the "Deceptive Trade Practices Act."
(Acts 1981, No. 81-355, p. 510, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-2 - Legislative Intent.

Section 8-19-2
Legislative intent.
The public health, welfare and interest require a strong and effective consumer protection program to protect the interest of both the consuming public and the legitimate businessperson.
(Acts 1981, No. 81-355, p. 510, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-4 - Enforcement

Section 8-19-4
Enforcement
(a) The office of the Attorney General and the district attorneys shall have the following functions, powers, and duties:
(1) Conduct preliminary investigations to determine the merit of complaints, provided, however, the office of the Attorney General or the district attorneys need not handle any complaint which lacks merit, has been made in bad faith, or may be readily resolved between the parties.
(2) Receive information and documentary material from complainants and take whatever action is appropriate in connection therewith as authorized by this chapter. The office of the Attorney General and the district attorneys may otherwise receive and investigate complaints with respect to acts or practices declared to be unlawful by this chapter, and inform the complainants with respect thereto. Said persons may institute legal proceedings or take such other actions provided for herein which are necessary or incidental to the exercise of its powers and functions.
(3) For the purpose of enforcing subdivision (23) of Section 8-19-5, share information with and request information from any federal agency and any other agency of any other state or any local agency thereof.
(b) Each department, agency, officer, or employee of the state shall cooperate with and assist the office of the Attorney General or a district attorney in the performance of its functions, powers, and duties. When a complaint is referred by the office of the Attorney General or a district attorney to a department, agency, officer, or employee of the state or a county, such entity shall, upon final disposition of the complaint, make a final report in writing to the office of the Attorney General or a district attorney describing the action taken and the final results of that action.
(c) Nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of the state, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers and duties, nor shall good faith compliance with any federal or state law or regulation be a violation of this chapter with respect to that specific act of compliance.
(d) Nothing contained in this chapter shall be deemed to supersede, take precedence over, or preempt any remedy, either criminal or civil, available to the Commissioner of Agriculture and Industries or the Board of Agriculture and Industries in the enforcement of those laws and regulations under the jurisdiction of the commissioner or the board.
(Acts 1981, No. 81-355, p. 510, §4; Act 2002-496, p. 1276, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-6 - Interpretation.

Section 8-19-6
Interpretation.
It is the intent of the legislature that in construing Section 8-19-5, due consideration and great weight shall be given where applicable to interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
(Acts 1981, No. 81-355, p. 510, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-7 - Exemptions.

Section 8-19-7
Exemptions.
Nothing in this chapter shall apply to:
(1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station or telephone company in the publication or dissemination of an advertisement, which the owner, agent, or employee did not have knowledge of the false, misleading or deceptive character of the advertisement;
(2) Any seller of goods or services who meets all the following requirements:
a. Has disseminated advertisement or promotional material from a manufacturer, packer, distributor, or other seller, from whom he has purchased the goods or services, unless the seller knew the advertisement or promotional material to be false or misleading; and
b. On the request of the Attorney General or district attorney, provides the name and address of the manufacturer, packer, distributor or other seller from whom he has purchased the goods or services; and
c. On the request of the Attorney General or district attorney, agrees in writing to discontinue dissemination of such false and misleading material;
(3) Any person or activity which is subject to the provisions of the Alabama Insurance Code, Title 27, as amended, or any bank or affiliate of a bank which is regulated by the State Banking Department of Alabama, the Comptroller of the Currency of the United States, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System, or to any person or activity which is subject to the provisions of Title 10, Chapter 4, Article 6, or to the regulated activities of any utility, telephone company or railroad which is regulated by the Alabama Public Service Commission;
(4) Any violation of the Federal Consumer Credit Protection Act (15 U.S.C. §1601 et seq.);
(5) Any activity which is subject to the provisions of the Securities Act of Alabama, Chapter 6 of this title or to the provisions of the Sale of Checks Acts, Chapter 7 of this title; or to the provisions of Article 5 of Chapter 6 of this title (relating to a notification procedure for the issuance of certain industrial revenue bonds).
(6) For purposes of this section, the burden of proving exemption from the provisions of this chapter shall be upon the person claiming the exemption.
(Acts 1981, No. 81-355, p. 510, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-8 - Restraining Orders.

Section 8-19-8
Restraining orders.
(a) Whenever the office of the Attorney General or the office of the district attorney has reason to believe that any person is engaging in, has engaged in or is about to engage in any act or practice declared to be unlawful by this chapter, the Attorney General or the district attorney may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary or permanent injunction such acts or practices. However, unless the Attorney General or district attorney determines that a person subject to the provisions of this chapter designs quickly to depart from this state or to remove his property therefrom, or to conceal himself or his property therein, or to continue practices unlawful under this chapter, he shall, before initiating any legal proceedings is contemplated, allow such person a reasonable opportunity to appear before the Attorney General or district attorney and solve the dispute to the parties' satisfaction.
(b) The court may appoint a master or receiver or order sequestration of assets whenever it shall appear that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made, or whenever a person who has been ordered to make restitution under this section has failed to do so within three months after the order to make restitution has become final and nonappealable, and assess the expenses of the master or receiver against the defendant.
(c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of the provisions of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state.
(d) The penalties authorized under this section shall not apply to any person who shows by a preponderance of evidence that he had established reasonable procedures to comply with the provisions of this chapter.
(e) The court may grant such other appropriate relief as the court may determine.
(Acts 1981, No. 81-355, p. 510, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-9 - Discovery of Information.

Section 8-19-9
Discovery of information.
Before any action is commenced, the Attorney General or the district attorneys may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General or district attorney may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.
(Acts 1981, No. 81-355, p. 510, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-11 - Penalties.

Section 8-19-11
Penalties.
(a) Any person who violates the terms of an injunction or order issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per violation and shall be adjudged in contempt. For the purpose of this section, any circuit court issuing an injunction or order under this chapter shall retain jurisdiction, and in such cases the Attorney General or the district attorney acting in the name of the state may petition for recovery of such civil penalties.
(b) Any person who is knowingly engaging in or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the Attorney General or a district attorney acting in the name of the state to the circuit court for the county in which the defendant resides, is doing business, or has his/her principal place of business, or the county in which the unlawful act or practice was or is being committed.
(c) Furthermore, upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (a) of this section, and upon petition by the Attorney General or a district attorney, the circuit court of general jurisdiction of a county may, in its discretion, order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship which willfully violates the terms of any injunction issued under Section 8-19-8.
(d) The penalties authorized under this section shall not apply to any offender who shows by a preponderance of evidence that he had established reasonable procedures to comply with this chapter or with any injunction issued under Section 8-19-8.
(e) In any successful action or petition brought under this section, the court shall award the office of the Attorney General and/or the office of the district attorney reasonable attorney's fees and costs.
(f) All penalties collected under this section shall be remitted by the circuit court to the state treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney, whichever initiated the action or petition resulting in imposition of such penalties.
(Acts 1981, No. 81-355, p. 510, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-12 - Violations.

Section 8-19-12
Violations.
(a) Any person who continuously and willfully violates any provision of this chapter shall be guilty of a Class A misdemeanor.
(b) In addition to any other penalties set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5:
(1) Shall be guilty of a Class A misdemeanor.
(2) Shall be subject to the revocation of any license or permit pertaining to the sale or distribution of cigarettes or other tobacco products, including, but not limited to, any license or permit issued by the Commissioner of Revenue pursuant to Chapter 25 of Title 40.
(c) Notwithstanding any other provision of law, any law enforcement officer or agent of the Department of Revenue shall seize any cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized shall be deemed contraband goods and shall be confiscated and destroyed. Such cigarettes shall be deemed contraband goods whether the violation is knowing or otherwise.
(Acts 1981, No. 81-355, p. 510, §12; Act 99-583, p. 1327, §1; Act 2002-496, p. 1276, §1; Act 2009-503, p. 929, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-13 - Defense.

Section 8-19-13
Defense.
Any person against whom any civil action or proceeding is brought pursuant to this chapter shall have a defense to such action or proceeding upon a showing by a preponderance of the evidence presented that such person did not knowingly commit any act or knowingly engage in any activity which constitutes a violation of any provision of this chapter.
(Acts 1981, No. 81-355, p. 510, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-14 - Statute of Limitations.

Section 8-19-14
Statute of limitations.
No action may be brought under this chapter more than one year after the person bringing the action discovers or reasonably should have discovered the act or practice which is the subject of the action, but in no event may any action be brought under this chapter more than four years from the date of the transaction giving rise to the cause of action unless the contract or warranty is for more than three years. If the contract or warranty is for more than three years, no action may be brought more than one year from the expiration date of the contract or warranty or more than one year after the person bringing the action discovered or reasonably should have discovered the act or practice which is the subject of the action, whichever occurs first.
(Acts 1981, No. 81-355, p. 510, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-15 - Savings Clause.

Section 8-19-15
Savings clause.
(a) The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment are mutually exclusive. An election to pursue the civil remedies prescribed in this chapter shall exclude and be a surrender of all other rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter.
(b) An election to pursue any civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter shall exclude and be a surrender of all rights and remedies available under this chapter. All other remedies, penalties or actions presently provided by statute or common law or hereafter provided for in any other law or rule of procedure are cumulative with the provisions, remedies and actions in this chapter and this chapter shall not be construed to repeal or supersede any law not inconsistent herewith.
(Acts 1981, No. 81-355, p. 510, §15.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-2 - Liberal Construction.

Section 8-19A-2
Liberal construction.
The provisions of this chapter shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry.
(Acts 1994, No. 94-650, p. 1220, §2.)