16-10-304. Exceptions. The provisions of this chapter shall not apply to sales at retail or sales at wholesale made:

Terms Used In Montana Code 16-10-304

  • Cigarettes: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco. See Montana Code 16-10-103
  • Fiduciary: A trustee, executor, or administrator.
  • sell: means any transfer of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means. See Montana Code 16-10-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Usual: means according to usage. See Montana Code 1-1-206

(1)as an isolated transaction and not in the usual course of business;

(2)where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and said advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or sold as imperfect or damaged and said advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold;

(3)where cigarettes are sold upon the final liquidation of a business; or

(4)where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.