Code of Alabama
Chapter 13 - Going Out of Business or Distress Merchandise Sales.
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 at the location designated in the application on the date specified therein if such sale is a going out of business sale;
(2) The applicant's inventory, on hand and on order, is not out of proportion to the stock normally carried by such applicant;
(3) The applicant has not purchased or otherwise acquired goods, wares, or merchandise for the purpose of conducting a going out of business sale or distress merchandise sale;
(4) The goods, wares, or merchandise to be offered for sale are those of a bona fide merchant of the State of Alabama;
(5) No misrepresentation of the goods to be sold has been made or will be practiced; and
(6) The applicant has complied with the provisions of this chapter in all other respects not specifically set forth in this section.

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.