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 […]
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 […]
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 […]
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, […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]