§ 37-10-1 Definition of terms
§ 37-10-2 Sale at less than cost to prevent competition unlawful–Rebates and concessions not applicable to other merchandise
§ 37-10-3 Purchase by retailer at less than cost to wholesaler to prevent competition unlawful–Procuring rebate or concession
§ 37-10-4 Sales between wholesalers permitted at less than cost–Basic cost to be charged
§ 37-10-5 Computation of cost to retailer–Expenses included
§ 37-10-6 Presumption as to cost of doing business by retailer
§ 37-10-7 Wholesaler’s costs added when retailer purchases from manufacturer
§ 37-10-8 Presumption as to cost of doing business by retailer purchasing from manufacturer
§ 37-10-9 Computation of cost to wholesaler–Expenses included
§ 37-10-10 Presumption as to cost of doing business by wholesaler–Cartage costs
§ 37-10-11 Purchases outside ordinary trade channels not considered in determining costs
§ 37-10-12 Cost survey as evidence of cost to retailer or wholesaler
§ 37-10-13 Tie-in sale at less than value of other goods deemed rebate or concession
§ 37-10-14 Application of minimum price provisions to combination sales, rebates and concessions
§ 37-10-15 Promotional merchandise not considered in determining cost
§ 37-10-16 Price reductions permitted to meet competition–Sales not in ordinary trade channels not considered
§ 37-10-17 Cost survey price considered competitive price
§ 37-10-18 Isolated transactions exempt from chapter
§ 37-10-19 Damaged merchandise sales exempt from chapter–Notice to customer
§ 37-10-20 Clearance sales exempt from chapter–Notice to customer
§ 37-10-21 Liquidation sales exempt from chapter
§ 37-10-22 Sales by officer acting under court order exempt from chapter
§ 37-10-23 Sale at less than cost or offer of rebate as evidence of intent to prevent competition
§ 37-10-24 Evidence of fictitious price or concealment of cost bearing on good faith–Evidence of trade usages
§ 37-10-25 Contracts in violation void–Recovery prohibited
§ 37-10-26 Promulgation of rules–Cost survey
§ 37-10-27 Duty to enforce chapter–Employment of personnel
§ 37-10-28 Powers vested in secretary available for enforcement of chapter
§ 37-10-29 Suspension or revocation of license under cigarette tax law
§ 37-10-30 Disciplinary proceedings not abated by expiration or renewal of license
§ 37-10-31 Procedure for suspension or revocation of license
§ 37-10-32 Periods of suspension of license–Revocation for persistent violations
§ 37-10-33 Appeal to courts from secretary of revenue
§ 37-10-34 Sales prohibited during suspension or revocation of license
§ 37-10-35 Reinstatement of revoked license
§ 37-10-36 Injunction proceedings to prevent violations of chapter
§ 37-10-37 Damages recovered in injunction proceeding
§ 37-10-38 Action for damages without injunction
§ 37-10-39 Severability of provisions–Severability from other laws
§ 37-10-40 Citation of chapter

Terms Used In South Dakota Codified Laws > Title 37 > Chapter 10

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Basic cost of cigarettes: the invoice cost of cigarettes to the retailer or wholesaler, as the case may be, or the replacement cost of cigarettes to the retailer or wholesaler, as the case may be, in the quantity last purchased, whichever is lower, less all trade discounts and customary discounts for cash to which shall be added the full face value of any stamps which may be required by any cigarette tax act of this state and by ordinance of any municipality thereof in effect or hereafter enacted, if not already included by the manufacturer in his list price. See South Dakota Codified Laws 37-10-1
  • Cigarettes: any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover which is made of paper or any other substance or material, excepting tobacco. See South Dakota Codified Laws 37-10-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious. See South Dakota Codified Laws 2-14-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipality: any municipality organized as provided in Title 9. See South Dakota Codified Laws 2-14-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Person: any individual, firm, association, company, private, public, cooperative or communal corporation, club, agency, or trust, however formed, and any receiver, trustee, fiduciary, or guardian. See South Dakota Codified Laws 37-10-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Retailer: any person who operates a store, stand, booth, or concession for the purpose of making sales of cigarettes at retail including sales through vending machines. See South Dakota Codified Laws 37-10-1
  • Sale: any transfer for a consideration, exchange, barter, gift, offer for sale, and distribution in any manner or by any means whatsoever. See South Dakota Codified Laws 37-10-1
  • Secretary: the secretary of revenue of the State of South Dakota. See South Dakota Codified Laws 37-10-1
  • Sell at retail: "sale at retail" and "retail sales" any transfer of title to cigarettes for a valuable consideration, made in the ordinary course of trade or usual conduct of the seller's business, to the purchaser for consumption or use, including sales through vending machines. See South Dakota Codified Laws 37-10-1
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.
  • Valuable consideration: a thing of value parted with, or a new obligation assumed at the time of obtaining the thing, which is a substantial compensation for that which is obtained thereby. See South Dakota Codified Laws 2-14-2
  • Wholesaler: shall be synonymous with the term "distributor" as defined in § . See South Dakota Codified Laws 37-10-1