Section 325D.38 — Admissible Evidence.
325D.38 ADMISSIBLE EVIDENCE. Subdivision 1. Cost to wholesalers and retailers. In determining cost to the wholesaler and cost to the retailer the court shall receive and consider as bearing on the bona fides of such cost, evidence that any person complained against under any of the provisions of sections 325D.30 to 325D.42 purchased or sold […]
Section 325D.39 — Sales Outside Ordinary Channels Of Business; Effect.
325D.39 SALES OUTSIDE ORDINARY CHANNELS OF BUSINESS; EFFECT. In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of […]
Section 325D.40 — Violations.
325D.40 VIOLATIONS. Subdivision 1. Remedies. Any person who would suffer injury from any threatened violation of sections 325D.30 to 325D.42 may maintain an action to enjoin such actual or threatened violation and proof of actual damages need not be alleged or proved in cases of threatened violation. If a violation or threatened violation of the […]
Section 325D.405 — Investigations.
325D.405 INVESTIGATIONS. The commissioner or duly authorized agents may conduct investigations to determine compliance with the provisions of sections 325D.30 to 325D.42 and, in connection with such investigations, the commissioner and duly authorized agents have all the powers conferred upon the commissioner by section 45.027. History: 1991 c 291 art 9 s 44; 1Sp2001 c […]
Section 325D.415 — Cigarette Distributor Fees.
325D.415 CIGARETTE DISTRIBUTOR FEES. A cigarette distributor as defined in section 297F.01, subdivision 4, shall pay to the commissioner an annual fee as follows: (1) a fee of $2,500 is due from those distributors whose annual cigarette tax collections exceed $2,000,000; and (2) a fee of $1,200 is due from those distributors whose annual cigarette […]
Section 325D.42 — Partial Unconstitutionality.
325D.42 PARTIAL UNCONSTITUTIONALITY. The provisions of sections 325D.30 to 325D.42 shall be deemed to be severable and if for any reason any provisions shall be determined to be unconstitutional or invalid, such determination shall not be held to affect any other provisions hereof. And no such determination shall be deemed to invalidate or render ineffectual […]
Section 325D.371 — Publication Of Cigarette Prices.
325D.371 PUBLICATION OF CIGARETTE PRICES. The commissioner shall publish in the State Register the presumed legal prices of all cigarettes as calculated pursuant to section 325D.32, subdivision 10. The prices must be published within one month of each recomputation, but not less than once each year. History: 1993 c 375 art 17 s 15
Section 325D.30 — Minnesota Unfair Cigarette Sales Act; Findings And Policy.
325D.30 MINNESOTA UNFAIR CIGARETTE SALES ACT; FINDINGS AND POLICY. The legislature finds that unfair, dishonest, and fraudulent business practices exist in transactions involving the sale of, or offer to sell, cigarettes in the wholesale and retail trades in this state and are demoralizing and disorganizing the said trades. Offering for sale, or sale of cigarettes […]
Section 325D.31 — Citation.
325D.31 CITATION. Sections 325D.30 to 325D.42 shall be known as the “Minnesota Unfair Cigarette Sales Act.” History: 1967 c 600 s 2
Section 325D.32 — Definitions.
325D.32 DEFINITIONS. Subdivision 1. Scope. For the purpose of sections 325D.30 to 325D.42, the words, terms and phrases defined in this section have the meanings ascribed to them except where the context clearly indicates a different meaning. Subd. 2. Cigarettes. “Cigarettes” means and includes any roll for smoking, made wholly or in part of tobacco, […]