Alabama § 9-12-125 - Licenses for Selling, Brokering, Processing, Etc., Fresh or Frozen Seafood.

§ 9-12-125. Licenses for Selling, Brokering, Processing, Etc., Fresh or Frozen Seafood.

(a)(1)a. Any person who engages in the selling, brokering, trading, bartering, or processing of any fresh or frozen seafood, whether on a consignment basis or otherwise, is a seafood dealer and shall purchase a seafood dealer license for a fee of four hundred sixty-five dollars ($465) for Alabama residents domiciled for a period of more than one continuous year immediately preceding the date of issuance and seven hundred thirty dollars ($730) for nonresidents, except for residents of states that charge Alabama residents in excess of seven hundred thirty dollars ($730) for the activity, in which case the fee shall be the amount the other state charges.

b. Notwithstanding paragraph a., a state resident who possesses a valid license or permit issued pursuant to Section 9-12-82, 9-12-87, 9-12-93, 9-12-113, or 9-12-124 shall purchase a seafood dealer license for a fee of two hundred sixty-five dollars ($265).

(2) To obtain a license, all entities other than brokers shall have and present proof of a business license from the location of the business, a tax identification number, and the appropriate seafood processing health permit.

(3) A license is not required by nonresident seafood dealers buying from or selling to a licensed Alabama seafood dealer or a licensed commercial fisherman when selling their catch to a licensed Alabama seafood dealer nor is a license required by restaurants where the seafood is cooked and sold for consumption on or off the restaurant’s premises. Restaurants shall not purchase seafood from any person that is not licensed to sell seafood in this state.

(4) If a licensee owns or operates more than one place of business, an additional license shall be purchased for each separate place of business, providing the location of each. A vehicle used solely for transporting seafood to or from an Alabama seafood dealer is not considered a place of business. Each vehicle from which seafood is sold to or purchased from any person, other than an Alabama seafood dealer, is a place of business and shall be licensed under this section. A seafood dealer shall purchase a license for each such vehicle for a fee of three hundred thirty-three dollars ($333) per license and the operator of the vehicle shall have the original license in his or her possession when selling or buying seafood from that vehicle. Seafood dealers may purchase seafood only from commercial fishermen validly licensed in Alabama, Alabama seafood dealers, and any nonresident seller who is validly licensed to sell seafood under the laws of that state.

(5) It shall be unlawful for any person to sell, broker, trade, barter, or process seafood as provided for in this section without first purchasing a seafood dealer license. Any person violating this section, upon conviction, shall be guilty of a Class A misdemeanor, with a minimum mandatory fine of one thousand dollars ($1,000) for a first offense, two thousand five hundred dollars ($2,500) for a second offense within three years of the date of the first conviction, and five thousand dollars ($5,000) and a mandatory jail sentence of 10 to 30 days for a third and any subsequent offense within three years of the date of the first conviction.

(b) The Department of Conservation and Natural Resources shall annually remit two hundred dollars ($200) of each seafood dealer license fee collected to the nonprofit corporation Sweet Grown Alabama for the promotion of this state’s seafood products.