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
Title 8 - Commercial Law and Consumer Protection.
Chapter 13 - Going Out of Business or Distress Merchandise Sales.
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 8-13-7 - License - License Issued Only to Bona Fide Merchant.
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 8-13-13 - 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 8-13-20 - False Bidders, etc., Prohibited.
Section 8-13-22 - Penalties for Violation of Chapter; Each Sale, etc., Constitutes Separate Offense.