§ 47-25-301. Short Title
This part shall be known and may be cited as the “Unfair Retailer’s Cigarette Sales Law.”
§ 47-25-302. Part Definitions
As used in this part, unless the context otherwise requires: “Basic cost of cigarettes” means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other […]
§ 47-25-303. Sales Below Cost — Evidence — Enforcement by Department of Revenue
It is a Class C misdemeanor for any retailer, with intent to injure competitors or destroy substantially or lessen competition, to advertise, offer to sell, or sell at retail, cigarettes at less than cost to the retailer. Evidence of advertisement, offering to sell or sale of cigarettes by any retailer at less than cost to […]
§ 47-25-304. Liability of Officers or Agents
Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
§ 47-25-305. Contracts in Violation of Part Void
Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
§ 47-25-306. Injunction — Damages
Any person injured by any violation of this part, or any trade association which is representative of such a person, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. If, in such action, a violation of this part shall be established, the court shall enjoin and restrain […]
§ 47-25-307. Combined Sales, Coupon Offers, Etc
In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupons or otherwise), the retailer’s selling price shall […]
§ 47-25-308. Enforcement — Penalties — Hearings
The department of revenue, through the commissioner, shall administer and enforce this part. For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250); For any second violation or noncompliance with any provision of this part by […]
§ 47-25-309. Exemptions
This part does not apply to sales at retail made where cigarettes are: Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for […]
§ 47-25-310. Participation by Retailer in Certain Special Programs
Participation in a manufacturer’s incentive program, discount price program or special price program shall not cause a retailer to be in violation of this part.