Alabama Code > Title 15 > Chapter 22 – Pardons, Paroles, and Probation
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Terms Used In Alabama Code > Title 15 > Chapter 22 - Pardons, Paroles, and Probation
- agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 28-8A-2
- agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier. See Alabama Code 28-9-2
- aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 4-3-1
- aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 4-3-40
- airport: Any area of land or water which is used, or intended for use, for the landing, taking-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 4-3-1
- airport: Any area of land or water which is used, or intended for use, for the landing, take-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 4-3-40
- ALCOHOLIC BEVERAGES: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine. See Alabama Code 28-3-1
- ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler that recycles empty beverage containers. See Alabama Code 28-8A-2
- ANCILLARY BUSINESS: A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 28-9-2
- ANNUITY STARTING DATE: The first day for which a benefit is payable as an annuity or any other form under Section 45-49A-63. See Alabama Code 45-49A-63
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- association: A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons. See Alabama Code 28-3-1
- authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 4-3-1
- authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 4-3-40
- AUTHORIZING SUBDIVISION: Any county or municipality in this state whose governing body receives and approves an application for permission to organize an authority. See Alabama Code 4-3-40
- beneficiary: The person or persons named by a member by written designation filed with the board to receive payments under this plan after the member's death. See Alabama Code 45-49A-63
- bingo: That game commonly known as bingo where numbers or symbols on a card or paper sheet are matched with numbers or symbols selected at random. See Alabama Code 45-49-150.01
- BINGO SESSION: A consecutive period of time not to exceed five consecutive hours during which bingo is played in a given day and not to exceed two such days in a given week, except for special permit holders. See Alabama Code 45-49-150.01
- board: The Police and Fire Pension Board as constituted under Section 45-49A-63. See Alabama Code 45-49A-63
- board: The board of directors of the authority. See Alabama Code 4-3-1
- board: The board of directors of the authority. See Alabama Code 4-3-40
- board: The Alcoholic Beverage Control Board. See Alabama Code 28-3-1
- BREAK IN SERVICE: A period of absence which would constitute a break in the member's service under the Mobile County Personnel Board rules; provided, however, that periods of leave and periods of service in the uniformed services of the United States determined in accordance with Section 45-49A-63. See Alabama Code 45-49A-63
- Capital offense: A crime punishable by death.
- city: The City of Mobile, Alabama. See Alabama Code 45-49A-63
- code: The Internal Revenue Code of 1986, as amended from time to time. See Alabama Code 45-49A-63
- container: The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public. See Alabama Code 28-3-1
- corporation: A corporation or joint stock association organized under the laws of this state, the United States, or any other state, territory or foreign country, or dependency. See Alabama Code 28-3-1
- County: means Clay County. See Alabama Code 45-14-243.01
- county: Any of the 67 counties of the state. See Alabama Code 4-3-40
- Cross examine: Questioning of a witness by the attorney for the other side.
- delivery: The transportation of alcoholic beverages directly from a retail licensee of the board to an individual, pursuant to Section 28-1-4 and Section 28-3A-13. See Alabama Code 28-3-1
- DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 28-8A-2
- DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise, by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 28-9-2
- director: A member of the board of directors of the authority. See Alabama Code 4-3-40
- Donor: The person who makes a gift.
- employee: An individual to whom an employer is required to issue a W-2 tax form under federal law. See Alabama Code 28-3-1
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- EQUIVALENT ACTUARIAL VALUE: The equivalent value when computed on the basis of the 1995 Buck Mortality Table (Male) for Members, the 1995 Buck Mortality Table (Female) for Beneficiaries, and an interest rate of seven percent per year, compounded annually. See Alabama Code 45-49A-63
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Ex officio: Literally, by virtue of one's office.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- FINAL AVERAGE SALARY: For a member who first became a uniformed officer prior to March 28, 1990, the average of the member's salary for his or her final 36 months of service and, for a member who first became a uniformed officer on or after March 28, 1990, the average of the member's salary for his or her final 60 months of service. See Alabama Code 45-49A-63
- fund: The assets of the plan held in trust by the board pursuant to Section 45-49A-63. See Alabama Code 45-49A-63
- GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 28-8A-2
- GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 28-9-2
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- HEARING COMMISSION: A body appointed by the board to hear and decide all contested license applications and all disciplinary charges against any licensee for violation of this title or the rules of the board. See Alabama Code 28-3-1
- heliport: An airport designed primarily for use by helicopters. See Alabama Code 4-3-1
- heliport: An airport designed primarily for use by helicopters. See Alabama Code 4-3-40
- HIGHLY COMPENSATED EMPLOYEE: An individual described in Section 414(q) of the code. See Alabama Code 45-49A-63
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- importer: Any person, association, or corporation engaged in importing alcoholic beverages, liquor, wine, or beer, manufactured outside of the United States of America into this state or for sale or distribution in this state, or to the board or to a licensee of the board. See Alabama Code 28-3-1
- indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 4-3-1
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- leave: A period of absence from work during which the member is entitled to a leave under the Family and Medical Leave Act of 1993 and its regulations (i) in order to care for the member's child following the birth of the child, (ii) because of the placement of a child with the member for adoption or foster care, (iii) because of a serious health condition that makes the member unable to perform his or her duties as a uniformed officer, or (iv) for purposes of caring for his or her child, spouse, or parent having a serious health condition. See Alabama Code 45-49A-63
- liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous, or otherwise alcoholic, and all drinks or drinkable liquids, preparations, or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine. See Alabama Code 28-3-1
- location: A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit issued under this part. See Alabama Code 45-49-150.01
- manufacturer: Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board. See Alabama Code 28-3-1
- member: Any person included in the membership of the plan, as provided in Subpart 2. See Alabama Code 45-49A-63
- minor: Any person under 21 years of age; provided, however, in the event Section 28-1-5, shall be repealed or otherwise shall be no longer in effect, thereafter the provisions of Section 26-1-1, shall govern. See Alabama Code 28-3-1
- Month: means the calendar month. See Alabama Code 45-14-243.01
- municipality: Any of the incorporated municipal corporations of the state, whether classified as city or town. See Alabama Code 4-3-40
- municipality: Any incorporated city or town of this state to include its police jurisdiction. See Alabama Code 28-3-1
- OTHER FACILITY: Any land, right in land, building, structure, machinery, equipment or facility useful for or in connection with any housing or residential project or facility, or any educational project or facility, or any stadium, coliseum, fair ground, exhibition or athletic building or any other recreational facility, or any manufacturing, commercial, research or related facility for the promotion or development of industry or trade or any one or more or all of the foregoing. See Alabama Code 4-3-40
- PERMIT HOLDER: A qualified organization which has been issued a permit pursuant to this part. See Alabama Code 45-49-150.01
- person: Every natural person, association, or corporation. See Alabama Code 28-3-1
- person: Any human being, corporation, association, or other legal entity. See Alabama Code 45-49-150.01
- plan: The City of Mobile, Alabama, Police and Firefighters Retirement Plan, as provided for in this part. See Alabama Code 45-49A-63
- PLAN YEAR: The 12-month period beginning on any October 1. See Alabama Code 45-49A-63
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- QUALIFIED ORGANIZATION: A bona fide religious, educational, service, senior citizens, fraternal, or veterans organization which operates without profit to its members and which either has been in existence continuously as such an organization for a period of 12 months or is exempt from taxation by virtue of having been currently classified locally as a tax exempt nonprofit organization by the Internal Revenue Service, United States Government. See Alabama Code 45-49-150.01
- REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 28-8A-2
- REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 28-9-2
- retailer: Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer. See Alabama Code 28-3-1
- RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 28-8A-2
- RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 28-9-2
- SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 28-8A-2
- SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement. See Alabama Code 28-9-2
- service: Service recognized in accordance with Subpart 3 for purposes of determining a member's eligibility for a benefit under the plan and the amount of that benefit. See Alabama Code 45-49A-63
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- SPECIAL PERMIT HOLDER: One who holds a permit for a special occasion and as provided by Section 45-49-150. See Alabama Code 45-49-150.01
- state: The State of Alabama. See Alabama Code 4-3-1
- state: The State of Alabama. See Alabama Code 4-3-40
- State sales tax: means the tax imposed by the state sales tax statutes. See Alabama Code 45-14-243.01
- State sales tax statutes: means Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computation of the tax levied by those sections and all other statutes which expressly apply to, or purport to affect, the administration of those sections and the incidence and collection of the tax imposed therein. See Alabama Code 45-14-243.01
- supplier: A manufacturer or importer of wine licensed by the board. See Alabama Code 28-8A-2
- supplier: A manufacturer or importer of beer licensed by the board. See Alabama Code 28-9-2
- TABLE WINE: Except as otherwise provided in this subdivision, any wine containing not more than 24 percent alcohol by volume. See Alabama Code 28-3-1
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- UNIFORMED OFFICER: A person employed by the city's police department or fire department as a police officer or firefighter, as the case may be, who (i) is certified as a police officer or firefighter by the State of Alabama, (ii) is in training to be certified by the State of Alabama as a police officer or firefighter, (iii) is employed by the city's police department or fire department other than as a certified police officer or firefighter and who was a participant in the plan immediately preceding October 1, 1997, or (iv) is in the police or fire cadet program. See Alabama Code 45-49A-63
- Venue: The geographical location in which a case is tried.
- Victim advocate: work with prosecutors and assist the victims of a crime.
- wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only. See Alabama Code 28-3-1
- wholesaler: A wholesaler of wine licensed by the board. See Alabama Code 28-8A-2
- wholesaler: A wholesaler of beer licensed by the board. See Alabama Code 28-9-2
- wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice. See Alabama Code 28-3-1