Code of Alabama - Title 8: Commercial Law and Consumer Protection - Chapter 13 - Going Out of Business or Distress Merchandise Sales

• Section 8-13-1 Definitions
  Unless otherwise provided, the following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section: (1)...
• 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...
• Section 8-13-3 License - Application
  An applicant for a license to conduct a going out of business sale or a distress merchandise sale shall file an application with the judge...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...

Last modified: May 3, 2021