AGO 1996-179.

• Case Date: April 09, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-179. 1996-179April 9, 1996Honorable Sue Baker Roan Commissioner of Licenses Courthouse P. O. Box 668 Decatur, AL 35602 Liquidation - Business Regulations - Sales - Weather - Holidays The duration of a license to conduct a going-out-of- business sale issued pursuant to __ 8-13-1, et seq., is thirty (30) consecutive days, exclusive of Sundays and legal holidays and regardless of business being closed due to bad weather.Dear Ms. Roan: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION I Once a license has been issued to a business to conduct a going-out-of-business sale, if the licensee decides to close because of snow, or bad weather, is the duration of the license automatically extended beyond the thirty (30) consecutive day period prescribed by __ 8-13-1, et seq., Code of Alabama 1975? FACTS AND ANALYSIS Going-out-of-business sales, with few exceptions, are regulated by __ 8-13-1, et seq., Code of Alabama 1975. Among other requirements, these provisions provide that before such a sale can be conducted the business must procure a license from the probate judge of the county in which the business is located. Section 8-13-12 limits the term of the license to a specific time period. "A license for a going out of business sale or distress merchandise sale shall be limited to a period of 30 consecutive days, exclusive of Sundays and legal holidays. . . ." Though the statute allows for one 30-day extension to the sale period, it does not provide for any additional time beyond the 30 days, or 60 days if applicable, to "make up," or compensate, for days the business was closed because of inclement weather. CONCLUSION Thus, the answer to your first question must be that no extra days can be added to the duration of the license to allow for the licensee closing...