Chapter12. LICENSES.  


Article 1. General Provisions.
§ 40-12-1. Change of place of business.
§ 40-12-2. Issuance; form of license; levy of county tax; actions for recovery of tax.
§ 40-12-3. Collection and distribution where both state and county license tax levied.
§ 40-12-4. County license tax for school purposes - Authority to levy.
§ 40-12-4.1. County license tax for school purposes - Use of proceeds from taxes levied under Section 40-12-4.
§ 40-12-5. County license tax for school purposes - Collection and enforcement.
§ 40-12-6. County license tax for school purposes - Administration and collection in accordance with Sections 11-51-180 through 11-51-185.
§ 40-12-7. County license tax for school purposes - Disposition of funds collected; charge for collecting.
§ 40-12-8. False affidavits or certificates.
§ 40-12-9. Penalty for failure to take out license; selling throughout state under one license.
§ 40-12-10. License inspectors generally; when taxes due and payable; collection and distribution of penalties and citation fees on delinquent licenses.
§ 40-12-11. Bonds of license inspectors.
§ 40-12-12. License to designate place of business.
§ 40-12-13. Engaging in several businesses.
§ 40-12-14. Two or more licenses on same business.
§ 40-12-15. License deemed a personal privilege; transferability.
§ 40-12-16. Sworn statements of amount of capital, value of goods, stock, etc.
§ 40-12-17. Population of municipality as determining tax.
§ 40-12-18. Penalty on agents of persons, firms, etc., who have not paid tax.
§ 40-12-19. Duty of Department of Finance to prepare forms of licenses.
§ 40-12-20. License and stub must correspond.
§ 40-12-21. Records to be kept by probate judge.
§ 40-12-22. Disposition of moneys by probate judge.
§ 40-12-23. Applications for refunds; additional license.
§ 40-12-24. Department of Revenue to certify refund; state Comptroller and county commission to draw warrants payable to applicant.
§ 40-12-25. License for part of year.
§ 40-12-26. Due and delinquent date; term of license.
§ 40-12-27. Each day's violation a separate offense.
§ 40-12-28. Disposition of proceeds of funds from licenses pertaining to timber or timber products.
§ 40-12-29. Additional penalty for failure to comply with Articles 8 and 9 of this chapter.
§ 40-12-30. Department of Revenue authorized to promulgate rules and regulations.
§ 40-12-31. Occupational taxes authorized.
Article 2. Business, Vocation, or Occupation.
§ 40-12-40. Who must procure state and county licenses.
§ 40-12-41. Abstract companies, etc.
§ 40-12-42. Acetylene gas and carbide manufacturers.
§ 40-12-43. Actuaries, auditors, and public accountants.
§ 40-12-43.1. Added fee for private examining or collecting firms.
§ 40-12-44. Adding machines, calculating machines, comptometers, etc.
§ 40-12-45. Advertising.
§ 40-12-46. Air-conditioning plants and equipment.
§ 40-12-47. Amusement parks.
§ 40-12-48. Architects.
§ 40-12-49. Attorneys.
§ 40-12-50. Auctioneers.
§ 40-12-51. Automobile dealers.
§ 40-12-53. Automobile accessory dealers.
§ 40-12-54. Automobile garages and shops.
§ 40-12-55. Automobile storage garages.
§ 40-12-56. Automobile storage other than in garages.
§ 40-12-57. Automobile tire retreading shops.
§ 40-12-58. Barbers.
§ 40-12-59. Baseball parks.
§ 40-12-60. Battery shops.
§ 40-12-61. Beauty parlors, etc.
§ 40-12-62. Bicycles and motorcycles.
§ 40-12-63. Blueprint makers.
§ 40-12-64. Bond makers.
§ 40-12-65. Bottlers.
§ 40-12-66. Bowling alleys.
§ 40-12-67. Brokers and agents of iron, railway, etc., supplies.
§ 40-12-68. Brooms, brushes, mops, etc.
§ 40-12-69. Cereal beverages, carbonated or other soft drinks - Retailers.
§ 40-12-70. Cereal beverages, carbonated or other soft drinks - Wholesalers.
§ 40-12-71. Certified public accountants.
§ 40-12-72. Cigars, cigarettes, cheroots, etc. - Retailers.
§ 40-12-73. Cigars, cigarettes, cheroots, etc. - Wholesalers.
§ 40-12-74. Circuses.
§ 40-12-75. Cleaning and pressing establishments.
§ 40-12-76. Coal and coke dealers - Maintaining yards.
§ 40-12-77. Coal and coke dealers - Not maintaining yards.
§ 40-12-78. Coffins and caskets - Manufacturers.
§ 40-12-79. Coffins and caskets - Dealers and agents.
§ 40-12-80. Collection agencies.
§ 40-12-81. Commission merchants or merchandise brokers.
§ 40-12-82. Concerts, musical entertainments, etc.
§ 40-12-83. Conditional sales contracts, drafts, acceptances, etc.; dealers in.
§ 40-12-84. Construction companies or contractors.
§ 40-12-85. Cotton buyers.
§ 40-12-86. Cotton compresses.
§ 40-12-87. Cottonseed oil mills, cotton mills, factories, etc.
§ 40-12-88. Cotton warehouses.
§ 40-12-89. Credit agencies.
§ 40-12-90. Creosoting, etc.
§ 40-12-91. Delicatessen shops.
§ 40-12-92. Dentists.
§ 40-12-93. Detective agencies.
§ 40-12-94. Developing and printing films.
§ 40-12-95. Devices for testing skill and strength used for profit.
§ 40-12-96. Directories.
§ 40-12-97. Electric refrigerators, electric or gas heaters, etc.
§ 40-12-98. Embalmers.
§ 40-12-99. Engineers.
§ 40-12-100. Fertilizer factories.
§ 40-12-101. Fire, closing out, etc., sales.
§ 40-12-102. Fireworks.
§ 40-12-103. Flying jennies, merry-go-rounds, etc.
§ 40-12-104. Fortunetellers, palmists, clairvoyants, etc.
§ 40-12-105. Fruit dealers.
§ 40-12-106. Gasoline stations and pumps.
§ 40-12-107. Glass.
§ 40-12-108. Golf, miniature golf, etc., courses.
§ 40-12-109. Hat-cleaning establishments.
§ 40-12-110. Hide, fur, etc., dealers.
§ 40-12-111. Horse show, rodeo, or dog and pony shows.
§ 40-12-112. Horse, mule, etc., dealers.
§ 40-12-113. Ice cream.
§ 40-12-114. Ice factories.
§ 40-12-115. Innkeepers and hotels.
§ 40-12-116. Junk dealers.
§ 40-12-117. Laundered towel, apron, etc., rentals; diaper services.
§ 40-12-118. Laundries.
§ 40-12-119. Legerdemain and sleight of hand.
§ 40-12-120. Lightning rods.
§ 40-12-121. Lumber and timber dealers.
§ 40-12-122. Lumberyards.
§ 40-12-123. Machinery repair shops.
§ 40-12-124. Manicurists, hairdressers, etc.
§ 40-12-125. Mattresses, cushions, pillows, etc.
§ 40-12-126. Medicine, chemistry, bacteriology, etc.
§ 40-12-127. Mimeographs, duplicating machines, dictaphones, etc.
§ 40-12-128. Mining of iron ore - Levy and amount of tax; limitation of actions.
§ 40-12-129. Mining of iron ore - Report of operators.
§ 40-12-130. Mining of iron ore - Report of persons receiving products.
§ 40-12-131. Monuments and tombstones.
§ 40-12-132. Moving picture shows - Transient operators.
§ 40-12-133. Moving picture shows - Permanent operators.
§ 40-12-134. Newsstands.
§ 40-12-135. Oculists, optometrists and opticians.
§ 40-12-136. Osteopaths and chiropractors.
§ 40-12-137. Packinghouses, cold storage plants, etc.
§ 40-12-138. Pawnbrokers.
§ 40-12-139. Peddlers and itinerant vendors.
§ 40-12-140. Photographers and photograph galleries.
§ 40-12-141. Pianos, organs and other musical instruments.
§ 40-12-142. Pig iron storage operators.
§ 40-12-143. Pistols, revolvers, bowie and dirk knives, etc.; gun and knife shows.
§ 40-12-144. Playing cards.
§ 40-12-145. Plumbers, steam fitters, tin shop operators, etc.
§ 40-12-146. Pool tables.
§ 40-12-147. Racetracks, athletic fields, etc.
§ 40-12-148. Radios.
§ 40-12-149. Real estate brokers and agents - Realty situated within state.
§ 40-12-150. Real estate brokers and agents - Realty situated without the state.
§ 40-12-151. Restaurants, cafes, cafeterias, etc.
§ 40-12-152. Roadhouses, nightclubs, etc.
§ 40-12-153. Sandwich shops, barbecue stands, etc.
§ 40-12-154. Sawmills, heading mills or stave mills.
§ 40-12-155. Scientists, naturopaths, and chiropodists.
§ 40-12-156. Sewing machines.
§ 40-12-157. Shooting galleries.
§ 40-12-158. Shotguns, rifles, ammunition, etc.
§ 40-12-159. Skating rinks.
§ 40-12-160. Soliciting brokers.
§ 40-12-161. Spectacles or eyeglasses.
§ 40-12-162. Stock and bond brokers.
§ 40-12-163. Street fairs and carnivals.
§ 40-12-164. Supply cars.
§ 40-12-165. Syrup and sugar factories.
§ 40-12-166. Theaters, vaudeville and variety shows.
§ 40-12-167. Ticket scalpers.
§ 40-12-168. Tourist camps.
§ 40-12-169. Tractors, road machinery and trailers.
§ 40-12-170. Trading stamps.
§ 40-12-171. Transfer of freight.
§ 40-12-172. Transient dealers.
§ 40-12-173. Transient theatrical and vaudeville shows.
§ 40-12-174. Transient vendors and peddlers.
§ 40-12-175. Turpentine and resin stills.
§ 40-12-176. Vending machines.
§ 40-12-177. Veneer mills, planing mills, box factories, etc.
§ 40-12-178. Veterinary surgery.
§ 40-12-179. Warehouses and yards.
§ 40-12-180. Waste grease and animal by-products.
Article 3. Distributors of Motor Fuels.
§ 40-12-190. Definitions.
§ 40-12-191. Required; application.
§ 40-12-192. When department may refuse to issue license; appeal.
§ 40-12-193. Filing fee.
§ 40-12-194. Bond required.
§ 40-12-195. Issuance of license; revocation; nontransferability.
§ 40-12-196. Engaging in business without license.
§ 40-12-197. Reports and payments upon discontinuance or transfer of business.
§ 40-12-198. Transportation of gasoline; inspections.
§ 40-12-199. Transportation of gasoline by boats over navigable waters of state.
§ 40-12-200. Delivery of gasoline from tank truck to motor vehicle tank prohibited; exception.
§ 40-12-201. Forfeiture of vehicles and boats illegally transporting or delivering gasoline.
§ 40-12-202. Rewards; disposition of proceeds of fines.
§ 40-12-204. Restraining and enjoining violations.
§ 40-12-205. Applicability of article to interstate and foreign commerce.
§ 40-12-206. Exchange of information with other states.
Article 4. Leasing or Renting Tangible Personal Property.
§ 40-12-220. Definitions.
§ 40-12-220.1. Legislative intent.
§ 40-12-221. License required.
§ 40-12-222. Levy and amount of tax.
§ 40-12-223. Exemptions.
§ 40-12-224. Collection of tax.
§ 40-12-226. Deposit in State Treasury.
§ 40-12-227. Disposition of funds.
Article 5. Motor Vehicles.
Division 1. General Provisions.
§ 40-12-240. Definitions.
§ 40-12-241. Station wagons, jeeps, etc., classified as passenger automobiles.
§ 40-12-242. License taxes and registration fees - Private passenger automobiles and motorcycles.
§ 40-12-243. License taxes and registration fees - Exemption of private passenger vehicles of foreign consuls; special plates for such vehicles.
§ 40-12-244. License tags and registration fees - Exemption for members of armed forces, etc.
§ 40-12-245.1. License taxes and registration fees - Vehicles designed and constructed for transport of raw cotton from harvest to cotton gin.
§ 40-12-246. License taxes and registration fees - Motor buses or motor vehicles transporting passengers for hire.
§ 40-12-246.1. License tax and registration fees - Exemption for motor bus passenger carrier vehicles; special license.
§ 40-12-247. License taxes and registration fees - Hearses and ambulances.
§ 40-12-248. License taxes and registration fees - Trucks or truck tractors - Generally.
§ 40-12-249. License taxes and registration fees - Trucks or truck tractors - Change in gross vehicle weight allowance or in use of vehicle.
§ 40-12-250. Tags for motor vehicles used by state, etc.
§ 40-12-251. Motor tractors.
§ 40-12-252. Basis of tax for trailers; permanent license plate.
§ 40-12-253. Ad valorem taxation of motor vehicles.
§ 40-12-254. Motor vehicles issued to disabled veterans.
§ 40-12-255. Manufactured homes.
§ 40-12-256. Travel trailers - Ad valorem taxation - Generally.
§ 40-12-257. Citations for noncompliance with Sections 40-12-255 and 40-12-256.
§ 40-12-258. Reregistration of certain stored motor vehicles; placement of license tags.
§ 40-12-259. Computation and payment of license tax and registration fee.
§ 40-12-260. Transfer of license plates; registration procedures; receipts; penalty.
§ 40-12-262. Effect of provisions relative to registration and display of tags on nonresidents; international registration plan; temporary trip permit; penalties.
§ 40-12-263. Registration of certain commercial vehicles owned by nonresidents prohibited.
§ 40-12-264. Time limit for purchase of tags or plates; dealer plates; manufacturer plates.
§ 40-12-265. Mutilation or alteration of tags; replacement tags; use of improper tags.
§ 40-12-267. Date licenses become due and delinquent.
§ 40-12-268. Other taxes precluded.
§ 40-12-269. Remittance of moneys and certification of lists of motor vehicles by probate judge.
§ 40-12-270. Disbursement of net proceeds from license taxes and registration fees; Secondary Road Committee created.
§ 40-12-271. Fee of probate judge or county license commissioner for issuing license.
§ 40-12-272. Rules and regulations for enforcement of Sections 40-12-260, 40-12-261, and 40-12-266.
§ 40-12-273. Increase in license tax and registration fee authorized.
§ 40-12-274. Disposition of additional fees collected pursuant to Section 40-12-274.
Division 2. Antique Vehicles.
§ 40-12-290. Registration of vintage vehicle.
§ 40-12-291. Design and renewal of license plates or tags.
§ 40-12-292. Replacement of defaced, lost or destroyed plates or tags.
§ 40-12-293. Exemption from certain other licensing requirements, license or privilege taxes and ad valorem taxation; exceptions.
§ 40-12-294. Rules and regulations.
§ 40-12-296. Disposition of funds.
§ 40-12-297. Registration of original license plate issued in model year of vehicle.
Division 3. Handicapped Persons.
§ 40-12-300. Preparation, issuance, and use of distinctive license plates.
§ 40-12-301. Transfer of distinctive license plates between motor vehicle owners and between motor vehicles; issuance of standard license plates to motor vehicle previously issued distinctive license plates; construction of section.
§ 40-12-302. Design.
Article 6. Stores.
§ 40-12-310. "Store" defined; construction.
§ 40-12-311. Who must procure license.
§ 40-12-312. Application for license.
§ 40-12-313. Examination of application and issuance of license.
§ 40-12-314. Expiration and renewal of licenses.
§ 40-12-315. Annual fees.
§ 40-12-316. Fees for portion of year.
§ 40-12-317. Scope of article.
§ 40-12-318. Payment of expenses; net collections paid into Treasury.
§ 40-12-319. Penalty for violation of article.
Article 7. Exemption of Certain Persons.
Division 1. General Provisions.
§ 40-12-330. Exemptions for blind persons.
Division 2. Disabled Veterans.
§ 40-12-340. Eligibility; scope.
§ 40-12-341. State license.
§ 40-12-342. County license.
§ 40-12-343. Municipal license.
§ 40-12-344. Employees, apprentices and helpers.
§ 40-12-345. Form of license issued.
§ 40-12-346. Expiration of license.
§ 40-12-347. Proof of disability.
§ 40-12-348. Corporations, associations and partnerships.
§ 40-12-349. Fraudulently obtaining license.
§ 40-12-350. County in which issued.
§ 40-12-351. Penalty for violation by officials.
§ 40-12-352. Certain veterans not included in law.
Division 3. Veterans of World War II.
§ 40-12-370. Eligibility; scope.
§ 40-12-371. State license.
§ 40-12-372. County license.
§ 40-12-373. Municipal license.
§ 40-12-374. Duty of officials; form of license; penalty for transfer.
§ 40-12-375. Corporations, associations and partnerships; certain veterans not exempt.
§ 40-12-376. Fraudulently obtaining license.
§ 40-12-377. Penalty for violation by officials.
Article 8. Motor Vehicle Dealers, Reconditioners, Rebuilders, and Wholesalers.
§ 40-12-390. Definitions.
§ 40-12-391. License - Generally.
§ 40-12-392. License - Applications; inspection of records; restrictions on sales; liability insurance.
§ 40-12-393. License - Disposition of fees collected.
§ 40-12-395. License - Supplemental licenses; off-site sales.
§ 40-12-396. License - Suspension or revocation; reasons for revocation or denial of license.
§ 40-12-398. Bond prerequisite to issuance of license.
§ 40-12-399. Records to be kept by licensees.
§ 40-12-400. Violations of article.
Article 9. Automotive Dismantlers and Parts Recyclers.
§ 40-12-410. Definitions.
§ 40-12-411. License - Required.
§ 40-12-412. License - Application.
§ 40-12-413. License - Fee.
§ 40-12-414. License - Proof of financial responsibility.
§ 40-12-415. License - Term; renewal.
§ 40-12-416. License - Refusal, cancellation, or revocation - Authority of Commissioner of Revenue.
§ 40-12-418. Other licenses not required.
§ 40-12-419. Records to be kept; inspection of records.
§ 40-12-420. Transfer of motor vehicle certificate of title to or from automotive dismantler and parts recycler.
§ 40-12-421. Restrictions on sales at salvage pools or salvage disposal sales; buyer's identification cards.
§ 40-12-422. Salvage dealers licensed in other states.
§ 40-12-423. License plates from dismantled vehicles to be forwarded to Department of Revenue.
§ 40-12-424. Penalty.
§ 40-12-425. Injunctive relief.