Section 8-22-1 – Short Title.
Section 8-22-1 Short title. This act shall be known and may be cited as the “Motor Fuel Marketing Act.” (Acts 1984, No. 84-260, p. 433, §1.)
Section 8-22-10 – Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, etc., Prohibited.
Section 8-22-10 Below cost combined selling price of motor fuel and promotional gifts, etc., prohibited. In all advertisements, offers for sale or sales involving two or more items, at least one of which items is motor fuel, at a combined price, and in all advertisements, offers of sale, or sales, involving the giving of any […]
Section 8-22-11 – Sales Between Wholesalers.
Section 8-22-11 Sales between wholesalers. When one wholesaler sells motor fuel to any other wholesaler, the former shall not be required to include in his selling price to the latter “cost to the wholesaler” as provided by Section 8-22-4, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of […]
Section 8-22-12 – Applicability of Chapter Generally.
Section 8-22-12 Applicability of chapter generally. (a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made (1) In an isolated transaction and not in the usual course of business; (2) Where motor fuels are advertised, offered for sale, or sold in a […]
Section 8-22-13 – Competitive Sales, Etc.
Section 8-22-13 Competitive sales, etc. (a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this […]
Section 8-22-14 – Contracts Violative of Chapter Rendered Void and Unenforceable.
Section 8-22-14 Contracts violative of chapter rendered void and unenforceable. Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon. (Acts 1984, No. 84-260, p. 433, §14.)
Section 8-22-15 – Determination of Cost to Wholesaler, Etc.
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in […]
Section 8-22-16 – Penalties.
Section 8-22-16 Penalties. (a) Any person who violates this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such person shall also be liable for attorney fees and shall be subject to injunctive relief. Each day that a violation of this chapter occurs […]
Section 8-22-17 – Equity Action by Person Injured From Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or […]
Section 8-22-18 – Prima Facie Showing of Violation of Chapter.
Section 8-22-18 Prima facie showing of violation of chapter. In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted […]
Section 8-22-2 – Legislative Findings.
Section 8-22-2 Legislative findings. The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama: (1) Marketing of motor fuel is affected with the public interest. (2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, […]
Section 8-22-3 – Legislative Declaration and Intent.
Section 8-22-3 Legislative declaration and intent. It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competition, in transactions involving […]
Section 8-22-4 – Definitions.
Section 8-22-4 Definitions. The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business trust, joint stock company, company, corporation, or legal entity. (2) MOTOR FUEL. Those products upon which the […]
Section 8-22-5 – Oil Transfer Price Disclosure Required.
Section 8-22-5 Oil transfer price disclosure required. All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those persons […]
Section 8-22-6 – Certain Below Cost Fuel Sales Prohibited.
Section 8-22-6 Certain below cost fuel sales prohibited. It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on […]
Section 8-22-7 – Certain Below Cost Fuel Transfers Prohibited.
Section 8-22-7 Certain below cost fuel transfers prohibited. It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges […]
Section 8-22-8 – Certain Sales and Transfer Price Differentials Authorized.
Section 8-22-8 Certain sales and transfer price differentials authorized. (a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including […]
Section 8-22-9 – Unlawful Acts Generally.
Section 8-22-9 Unlawful acts generally. It shall be unlawful under this section: (1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition. (2) For any person, where the effect is to […]