59-1510. Sale of cigarettes; contracts void. Any contract, expressed or implied, made by any person in violation of any of the provisions of sections 59-1501 to 59-1518, is declared to be an illegal and void contract and no recovery thereon shall be made. Source Laws 1965, c. 364, § 10, p. 1190.
59-1511. Sale of cigarettes; admissible evidence. (1) In determining cost to the retailer and cost to the wholesaler the division or a court shall receive and consider as bearing on the good faith of such cost, evidence tending to show that any person complained against under any of the provisions of sections 59-1501 to 59-1518 […]
59-1512. Sale of cigarettes; sales outside ordinary channels. In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of such cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than […]
59-1513. Sale of cigarettes; cost survey. Where a cost survey, pursuant to recognized statistical and cost-accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest cost to the retailer and the lowest cost to the wholesaler, such cost survey shall be deemed competent evidence to be […]
59-1514. Cigarette tax division; rules and regulations. The division may adopt rules and regulations for the enforcement of the provisions of sections 59-1501 to 59-1518 and may undertake a cost survey as provided for in section 59-1513. Source Laws 1965, c. 364, § 14, p. 1191.
59-1515. Sale of cigarettes; actions; remedies. (1) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of sections 59-1501 to 59-1518. Such an action may be instituted by any person injured by any violation or threatened violation of […]
59-1516. Revocation of license; procedure; appeal. (1) In addition to sections 59-1503 and 59-1515, the division may, after notice and hearing, suspend or revoke for any violation of the Unfair Cigarette Sales Act the license or licenses of any person, licensed under the provisions of Chapter 28 or Chapter 77, article 26, and notice of […]
59-1517. Cigarette tax division; enforcement of sections. In order to effectuate the purposes of sections 59-1501 to 59-1518 it shall be the duty of the division to carry out the enforcement provisions of sections 59-1501 to 59-1518. In accordance with the laws of this state the division may, within the limits of available appropriations, employ […]
59-1518. Cigarette tax division; powers vested by other laws. All of the powers vested in the division by the provisions of any law heretofore or hereafter to be enacted, shall be available to the division in the enforcement of the Unfair Cigarette Sales Act. Source Laws 1965, c. 364, § 18, p. 1193.
59-1519. Terms, defined. For purposes of sections 59-1519 to 59-1525: (1) Cigarettes has the same meaning as in section 77-2601; (2) Package has the same meaning as in 15 U.S.C. 1332(4), as such section existed on May 1, 2001; and (3) Person has the same meaning as in section 77-2601. Source Laws 2001, LB 358, […]
59-1520. Prohibited acts. It is unlawful for any person to: (1) Sell or distribute in this state, acquire, hold, own, possess, or transport for sale or distribution in this state, or import or cause to be imported into this state for sale or distribution in this state, any cigarettes that do not comply with all […]
59-1521. Exemptions. Sections 59-1519 to 59-1525 shall not apply to cigarettes allowed to be imported or brought into the United States for personal use or cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. 1555(b), as such section existed on May […]
59-1522. Violation; penalty. Any person that commits any of the acts prohibited by section 59-1520, either knowing or having reason to know he or she is doing so, is guilty of a Class IV felony. Source Laws 2001, LB 358, § 4.
59-1523. Disciplinary actions; contraband. (1) The cigarette tax division of the Tax Commissioner may, after notice and hearing, revoke or suspend for any violation of section 59-1520 the license or licenses of any person licensed under sections 28-1418 to 28-1429.03 or sections 77-2601 to 77-2622. (2) Cigarettes that are acquired, held, owned, possessed, transported, sold, […]
59-1524. Deceptive trade practice. A violation of section 59-1520 shall constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act and, in addition to any remedies or penalties set forth in sections 59-1519 to 59-1525, shall be subject to any remedies or penalties available for a violation under the Uniform Deceptive Trade Practices […]
59-1525. Enforcement. (1) Sections 59-1519 to 59-1525 shall be enforced by the cigarette tax division of the Tax Commissioner, except that at the request of the division or the division’s duly authorized agent, the Nebraska State Patrol and any peace officer shall enforce the provisions of sections 59-1519 to 59-1525. The Attorney General has concurrent […]
59-1601. Terms, defined. For purposes of the Consumer Protection Act, unless the context otherwise requires: (1) Person shall mean natural persons, corporations, trusts, unincorporated associations, partnerships, and limited liability companies; (2) Trade and commerce shall mean the sale of assets or services and any commerce directly or indirectly affecting the people of the State of […]
59-1602. Unfair competition; practices; unlawful. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce shall be unlawful. Source Laws 1974, LB 1028, § 9. Annotations Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of this section and […]
59-1603. Contracts, combinations, conspiracies in restraint of trade; unlawful. Any contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce shall be unlawful. Source Laws 1974, LB 1028, § 10. Annotations Immunity under the Noerr-Pennington doctrine may be raised as an affirmative defense against claims for violations of […]
59-1604. Monopolies and attempted monopolies; unlawful. It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce. Source Laws 1974, LB 1028, § 11. Annotations As related to a course of action for any person […]
