0 chapters · 2,499 sections in this title.
Ala. Code § 11-51-1 Levy and Assessment of Property Taxes; Notice of and Conduct of
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Hearing Upon Objections to Assessments. After October 1 of each year, cities and towns may levy taxes upon property and all subjects of taxation liable therefor at a rate not in excess of the constitutional limit upon assessments to be made by the city or town clerk or other pers…
Ala. Code § 11-51-10 Demand for Payment of Taxes Due and Charge Therefor
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Cities and towns may provide for a personal demand of taxes due and are authorized to make a charge therefor, not exceeding $.50, to be paid as costs, but such demand shall not be necessary or essential to the validity of proceedings to make collection by law. History: (Code 1907…
Ala. Code § 11-51-100 Regulation and Control of Vending Machines on Which Music Is Played
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The governing body of such city or town may regulate and control the location and use of vending machines on which music is played by licensing the same. History: (Acts 1947, No. 396, p. 291, §2.)
Ala. Code § 11-51-101 Licensing, Etc., of Carts, Wagons, Carriages, Etc
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Any city or town shall have the power to regulate and license the use of carts, drays, wagons, coaches, omnibuses, and every description of carriages and vehicles kept for hire and to license and regulate the use of the streets of the town or city by persons who use vehicles or s…
Ala. Code § 11-51-102 Licensing, Etc., of Theatres, Parks, Shooting Galleries, Etc.; Closing of
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Houses of Amusement or Places for Sale of Firearms, Etc. Any city or town shall have the power to license, tax, regulate, restrain, or prohibit theatrical and other amusements, billiard and pool tables, nine or tenpin alleys, box or ball alleys, shooting galleries, theatres, park…
Ala. Code § 11-51-103 Revocation of Licenses of Houses of Public Entertainment or Places
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Where Firearms, Etc., Kept for Sale. The city or town council or other governing body shall have the right and power to revoke and cancel any and all licenses issued to any house of public entertainment or house or place where firearms or other deadly weapons are kept for sale wh…
Ala. Code § 11-51-104 Licensing and Taxation, Etc., of Amusements, Athletic Games, and Use
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of Public Parks, Etc. The council shall have power to license and tax, permit and regulate and restrain or prohibit all kinds of amusements and all athletic games and the use of public parks and places of resort within the corporate limits and within the police jurisdiction of th…
Ala. Code § 11-51-105 Municipalities Not to Charge Farmers for Sale, Etc., of Farm Products
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It shall be unlawful for any municipality to charge the farmers or others engaged in the production of farm products of whatever nature any license or fee for the sale or other disposition of said articles produced by them at any place. History: (Acts 1915, No. 735, p. 846; Code …
Ala. Code § 11-51-11 Preparation, Etc., of Certified List of Delinquent Taxes
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Within three months after taxes have become delinquent, a list shall be made out and certified by the city or town clerk describing each piece of property separately, with the name of the owner, if known, and the amount of taxes due on such property and the amount of taxes due by…
Ala. Code § 11-51-12 Filing of List in Circuit Court; Entry of Civil Actions for Assessments on
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Trial Docket; Issuance, Execution, and Return of Summons Notifying Owners of Institution of Proceedings Against Property Generally. Such lists shall be filed with the register or clerk of the circuit court. The register or clerk shall cause to be entered on the trial docket in su…
Ala. Code § 11-51-120 Insurance Companies - Fire and Marine Insurance Companies
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No license or privilege tax or other charge for the privilege of doing business shall be imposed by any municipal corporation upon any fire or marine insurance company doing business in such municipality except upon a percentage of each $100.00 of gross premiums, less return prem…
Ala. Code § 11-51-121 Insurance Companies - Insurance Companies Other Than Fire and
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Marine Insurance Companies. (a) No license or privilege tax or other charge for the privilege of doing business shall be imposed by any municipal corporation upon any insurance company, other than fire and marine insurance companies, doing business therein or its agents which sha…
Ala. Code § 11-51-122 Insurance Companies - Provision of Statement of Gross Premiums,
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Etc., and Payment of License Tax; Effect of Failure to File Statement or Pay Tax. On or before March 1 of each year, each insurance company which did any business in any municipality in this state during any part of the preceding year shall, if a license or privilege tax is impos…
Ala. Code § 11-51-123 Insurance Companies - Company May Engage in Business in
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Municipality Upon Payment or Tender of Tax; Agents Not to Be Subject to Further Privilege or Occupational Taxes. Upon the payment or tender of the amount named in such ordinance of any city or town, any such insurance company which is authorized to do business in this state shall…
Ala. Code § 11-51-124 Railroads
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(a) The maximum amount of privilege or license tax which the several municipalities within this state may annually assess and collect of persons operating railroads in this state as common carriers for the privilege of doing intrastate business within the limits of such municipal…
Ala. Code § 11-51-125 Railway Sleeping Car Companies, Etc
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The maximum amount of privilege or license tax which the several municipalities within this state may annually assess and collect of persons, firms, or corporations engaged in the business of operating cars for the transportation, accommodation, comfort, convenience, or safety of…
Ala. Code § 11-51-126 Express Companies
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(a) There may be levied and collected by the several towns and cities of the state from any express company or companies for the privileges of doing business within the municipal limits a privilege or license tax to be computed and based on the population of said cities or towns …
Ala. Code § 11-51-127 Telegraph Companies
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(a) There may be levied and collected by the several towns and cities in the state from any telegraph company or companies for the privilege of doing intrastate business within the municipal limits a privilege or license tax to be computed and based on the population of such citi…
Ala. Code § 11-51-128 Telephone Companies
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(a) The maximum amount of privilege or license tax which the several municipalities within this state may annually assess and collect of persons operating telephone exchanges and long distance telephone lines in this state for the privilege of doing intrastate business within the…
Ala. Code § 11-51-129 Street Railroads, Electric, Gas, and Waterworks Companies, Etc
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The maximum amount of privilege or license tax which the several municipalities within the state may annually assess and collect of persons operating electric or hydroelectric street railroads, electric light and power companies, gas companies, waterworks companies, pipe line com…
Ala. Code § 11-51-13 Publication of Notice of Filing of Tax List, Etc., as to Owners Unknown
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or Not Found. In the case of property of an unknown owner or when the sheriff returns “not found” after 10 days as to owners for whom he has a summons, the register or clerk is directed to cause publication to be made for 30 days of the fact of the filing of such tax list, giving…
Ala. Code § 11-51-130 Banks
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(a) Municipalities may levy a license in proportion to the capital, surplus and undivided profits of the bank, but not more than the following amounts, to wit: (1) Where the capital, surplus, and undivided profits are $50,000.00 or less, $10.00; (2) Where the capital, surplus, an…
Ala. Code § 11-51-131 Savings and Loan Associations
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Municipalities may levy a license on savings and loan associations in proportion to the amount paid in on nonwithdrawable shares, reserves, and undivided profits of the association upon the same schedule as is provided for banks and none other. History: (Acts 1931, No. 159, p. 21…
Ala. Code § 11-51-132 License Requirement or Tax on Certain Real Estate Companies
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Prohibited. (a) As used in this section, the terms “company,” “broker,” “salesperson,” and “place of business” have the same definitions as in Section 34-27-2. (b) A municipality may only levy or collect a business privilege tax from or require the licensing of a real estate comp…
Ala. Code § 11-51-14 Entry of Judgment by Circuit Court; Sale of Property for Payment of
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Taxes, Etc., Generally. If no pleadings setting up a defense shall be filed by the owner of the property within 30 days after publication has been perfected or within 30 days after service of the notice by the sheriff, then without further proof a final judgment shall be entered …
Ala. Code § 11-51-15 Appeal from Judgment of Circuit Court
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An appeal staying the execution of the judgment of the circuit court may be taken to the Supreme Court from any final judgment in any tax case upon the appellant entering into bond, with good and sufficient sureties, in an amount to be fixed by the judge of the court entering the…
Ala. Code § 11-51-150 Petition for Injunction Against Taxpayer Upon Delinquency for Payment
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of License or Excise Tax. Any municipality may file in the circuit court having jurisdiction over the county in which the petitioning municipality is situated a petition to enjoin the operation and conduct of any business, occupation, trade, or profession subject to a municipal p…
Ala. Code § 11-51-151 Notice and Hearings; Granting of Injunctive Relief
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Upon the filing and presentation of a petition as authorized in this division, it shall be the duty of the court to set a day for the hearing of the action upon not less than 10 nor more than 15 days’ notice thereof to be given the respondents, the notice to be in such form as th…
Ala. Code § 11-51-152 Accounting as to Tax Due and Entry of Judgment
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The petition need not allege the amount due, but may seek an accounting of the respondent for the amount of privilege or business license tax or excise tax due the petitioner. The court may refer the matter to a master as in other cases. It shall be the duty of the court to enter…
Ala. Code § 11-51-153 Dissolution of Injunction; Reinstatement of Injunction
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After judgment is entered against the respondent as provided by the terms of this division, an existing injunction shall not be dissolved until the judgment and court costs taxed against the respondent are satisfied and paid in full, unless the petitioner and respondent have agre…
Ala. Code § 11-51-154 Bond to Dissolve Temporary Injunctive Relief - Execution; Security;
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Exception. (a) When the court has granted a temporary restraining order or preliminary injunction, it shall not be dissolved until the respondent has executed a bond in an amount fixed by the court with sufficient surety to be approved by the register or clerk, containing a waive…
Ala. Code § 11-51-155 Bond to Dissolve Temporary Injunctive Relief - Security Against Final
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Judgment and Costs. The surety bond, if required by Section 11-51-154, shall stand as security for any judgment and costs finally determined against the respondent, except in instances where the liability thereon is relieved by and attaches to a supersedeas bond as provided in th…
Ala. Code § 11-51-156 Bond to Dissolve Temporary Injunctive Relief - Forfeiture of Bond and
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Issuance of Execution Thereon. In the event no supersedeas bond is given on appeal or if no appeal is taken and the respondent fails to pay the judgment and costs within 30 days after the entry of judgment in the circuit court, it shall be the duty of the register or clerk within…
Ala. Code § 11-51-157 Appeal from Judgment of Circuit Court
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The laws of Alabama governing appeals from money judgments entered by the circuit court shall govern and control appeals taken under this division, except the Supreme Court of Alabama shall have jurisdiction thereof and except that the appeal shall be perfected within 42 days fro…
Ala. Code § 11-51-158 Effect of Pending Action Upon Institution of Subsequent Action for Taxes
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Becoming Due After Institution of Prior Action. The institution of one civil action under the provisions of this division and the pendency thereof shall not be asserted as a defense by pleading or motion to the institution of a subsequent civil action under this division for the …
Ala. Code § 11-51-159 Enforcement of Lien Not to Constitute Waiver of Rights as to
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Respondent’s Bond. If the court should declare a lien in favor of the petitioner and against the property of the respondent, the petitioner may proceed to enforce the lien, but such enforcement shall not be a waiver of rights acquired against the respondent’s bond but shall be in…
Ala. Code § 11-51-16 Sales of Property for Payment of Taxes, Etc., Generally - Disposition of
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Proceeds. All proceeds arising from sales for taxes or assessments shall be paid over by the register or clerk of the court, after deducting the costs and expenses of such civil action, to the treasurer of the city or town who shall hold for the owner, upon his official bond, the…
Ala. Code § 11-51-160 Equitable Attachment
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In addition to the remedies provided in this division, the petitioner also shall be entitled to an equitable attachment in aid of its civil action under this division to collect a privilege, license, or excise tax due it, and no ground for such attachment shall be necessary excep…
Ala. Code § 11-51-161 Provisions of Division Cumulative
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The remedies provided in this division shall be cumulative and shall not be construed to appeal, modify, alter, or change any other civil or criminal process or remedy provided by law for the collection of a municipal privilege, license, or excise tax, but all such remedies, exce…
Ala. Code § 11-51-17 Sales of Property for Payment of Taxes, Etc., Generally - Purchase of
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Property by Municipality. The city or town may become the purchaser at such sale, and the officer making the purchase shall bid a sum sufficient to pay the full amounts due for taxes, assessments filed, interest, and costs, and the amount due the city or town shall be allowed as …
Ala. Code § 11-51-18 Sales of Property for Payment of Taxes, Etc., Generally - Rights and
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Liabilities of Purchaser of Property Generally. Purchasers at a municipal tax sale shall have the right of possession of the property so purchased and may enforce the same by an action of ejectment, and there shall be no liability to account for rents and profits to the party red…
Ala. Code § 11-51-180 Prerequisites for Collection by Department of Revenue; Exceptions;
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Applicability. (a) The Department of Revenue shall, upon request by ordinance or resolution of the governing body of any municipality and the filing of a certified copy of the enabling ordinance or resolution with the Department of Revenue, collect all municipal privilege or lice…
Ala. Code § 11-51-181 Time of Collection; Inspection of Reports by Municipal Governing Body
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Municipal taxes collected by the Department of Revenue shall be collected at the same time and along with the collection by the department of taxes levied and collected for the state under the provisions of Sections 40-23-1, 40-23-2, 40-23-2.1, 40-23-4 to 40-23-31, inclusive, 40-…
Ala. Code § 11-51-182 Preparation and Distribution of Reports, Etc., Necessary for Collection
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of Taxes; Authority and Duties of Department Generally. The Department of Revenue shall prepare and distribute reports, forms, and other information as may be necessary to provide for its collection of municipal taxes under this division, and shall have all the authority and duti…
Ala. Code § 11-51-183 Certification and Disposition of Taxes; Charge for Collection and
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Administration; Redistribution of Over-Charges; Warrant; Fees. (a) The Commissioner of Revenue shall deposit into the State Treasury all municipal taxes collected by the department under this division; and, on a bi-weekly basis, the commissioner shall certify to the Comptroller t…
Ala. Code § 11-51-184 Employment of Special Counsel
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The Commissioner of Revenue may employ special counsel when necessary from time to time to enforce collection of municipal license taxes for the municipality and otherwise to enforce the provisions of the ordinance levying such taxes, including any litigation required, and the De…
Ala. Code § 11-51-185 Request for Department to Collect Municipal Taxes; Effective Date;
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When Department to Perform Duties Under Division. (a) Except where the Department of Revenue is already collecting taxes on July 1, 1998, any municipality requesting the Department of Revenue to collect its tax shall forward a certified copy of the enabling act, ordinance, or res…
Ala. Code § 11-51-186 Taxpayer Rights; Responsibilities of Municipality; Abatement of Penalty
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(a) Rights of the taxpayer. (1) At or before the commencement of an examination of the books and records of a taxpayer, the taxing jurisdiction shall provide to the taxpayer a written description, in simple and non-technical terms, of the role of the taxing jurisdiction and the t…
Ala. Code § 11-51-187 Examination
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A taxpayer that has purchased a business license required under this chapter shall not be subject to more than one business license examination for each business license by or on behalf of the issuing taxing jurisdiction for every three-license-year cycle unless reasonable cause …
Ala. Code § 11-51-188 Due Dates for Licenses; Discounts
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(a) Except as provided in subsections (b) and (c), each municipal business license shall be due on January 1st of each year and shall be renewed annually on or before the 31st day of January, provided that a municipality that imposed a delinquency date as of January 1, 2006, that…