Code of Alabama
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) APPLICANT. Any person applying for a license under this chapter, including the principal, if such person is the agent of another who is the true owner, notwithstanding whether that other is an individual, partnership, association, firm, or corporation and notwithstanding whether the name of the true owner appears on the application or not.
(2) DISTRESS MERCHANDISE SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. Without limiting the generality of the above, "distress merchandise sales" shall include, but not be limited to, any sale advertised either specifically or in substance to be any one of the following:
a. Fire sale;
b. Smoke and/or water damage sale;
c. Adjustment sale;
d. Insurance salvage sale;
e. Mortgage sale;
f. Adjuster's sale;
g. Reorganization sale; or
h. Other terminology of similar intent to any of the above.
(3) GOING OUT OF BUSINESS SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Without limiting the generality of the above, "going out of business sales" shall include, but not be limited to, any sale advertised either specifically or in substance to be any one of the following:
a. A sale because the applicant is going out of business;
b. A sale because the applicant is liquidating;
c. A sale because the applicant is selling 50 percent or more of his stock, his entire stock or selling out to the bare walls;
d. A sale because the applicant has lost his lease;
e. A sale because the applicant is selling out his interest in the business establishment;
f. A sale because everything in the store or establishment must be sold;
g. Trustee's sale;
h. Bankrupt sale;
i. Save us from bankruptcy sale;
j. Insolvent sale;
k. Assignee's sale;
l. Must vacate sale;
m. Quitting business sale;
n. Receiver's sale;
o. Loss of lease sale;
p. Forced out of business sale;
q. Removal sale;
r. Liquidation sale;
s. Executor's sale;
t. Administrator's sale;
u. Warehouse removal sale;
v. Branch store discontinuance sale;
w. Creditor's committee sale;
x. Adjustment sale;
y. Defunct business sale;
z. Selling out interest sale; or
aa. Other terminology of similar intent to any of the above.
(4) GOODS, WARES and MERCHANDISE. Any goods, wares, merchandise, or other property capable of being the object of a sale regulated under this chapter.
(5) INVENTORY. A list of and the wholesale cost of goods, wares, and merchandise.
(6) PERSON. Any individual, partnership, association, firm, or corporation.

Structure Code of Alabama

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.

Section 8-13-2 - License - Required; Display on Premises of Sale; Display of License Number and Date of Issuance in Advertising.

Section 8-13-3 - License - Application.

Section 8-13-4 - License - Bond Required of Applicant.

Section 8-13-5 - License - Public Hearing on Application.

Section 8-13-6 - License - Investigation; Investigation Fee; Cost of Independent Audit; Applicant's Refusal to Pay Investigation Fee and Costs.

Section 8-13-7 - License - License Issued Only to Bona Fide Merchant.

Section 8-13-8 - License - Fee Generally; Renewal Fee; Issuing Fee; Costs of Investigation and Public Hearing.

Section 8-13-9 - License - When Probate Judge to Issue License.

Section 8-13-10 - License - Restrictions on Issuance.

Section 8-13-11 - License - Surrender of Business Licenses.

Section 8-13-12 - License - Duration of License; Sale Prohibited Between November 15 and December 31; Extension of License.

Section 8-13-13 - License - Revocation or Suspension.

Section 8-13-14 - Use of Trade, Business or Firm Name of Licensee After Issuance of License.

Section 8-13-15 - Sales to Be Held Only at Regular Store Hours; Exceptions.

Section 8-13-16 - Advertising.

Section 8-13-17 - Sale Limited to Inventoried Stock; Additions to Inventory.

Section 8-13-18 - Daily Report of Merchandise Received; Failure to Report Ground for License Revocation.

Section 8-13-20 - False Bidders, etc., Prohibited.

Section 8-13-21 - Licensee to Be in Continuous Attendance at Sale; Licensee Responsible for Violations of Chapter.

Section 8-13-22 - Penalties for Violation of Chapter; Each Sale, etc., Constitutes Separate Offense.

Section 8-13-23 - Chapter Not Applicable to Certain Sales.