37-10-14. Application of minimum price provisions to combination sales, rebates and concessions.
In all advertisements, offers for sale or sales involving two or more items, at least one 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 it be coupons or otherwise, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business, the retailer's or wholesaler's selling price shall not be below the cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes included in such transactions, and the invoice cost, whether the same be paid by the retailer, the wholesaler or any other person, of all other articles, products, commodities and concessions included in such transactions, to which invoice cost shall be added the cost of doing business in the case of the wholesaler and the retailer, respectively, as such cost is defined in §§37-10-5 to 37-10-10, inclusive.
Source: SL 1966, ch 157, §6.
Structure South Dakota Codified Laws
Chapter 10 - Unfair Cigarette Sales
Section 37-10-1 - Definition of terms.
Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged.
Section 37-10-5 - Computation of cost to retailer--Expenses included.
Section 37-10-6 - Presumption as to cost of doing business by retailer.
Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer.
Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer.
Section 37-10-9 - Computation of cost to wholesaler--Expenses included.
Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs.
Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs.
Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler.
Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession.
Section 37-10-15 - Promotional merchandise not considered in determining cost.
Section 37-10-17 - Cost survey price considered competitive price.
Section 37-10-18 - Isolated transactions exempt from chapter.
Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer.
Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer.
Section 37-10-21 - Liquidation sales exempt from chapter.
Section 37-10-22 - Sales by officer acting under court order exempt from chapter.
Section 37-10-25 - Contracts in violation void--Recovery prohibited.
Section 37-10-26 - Promulgation of rules--Cost survey.
Section 37-10-27 - Duty to enforce chapter--Employment of personnel.
Section 37-10-28 - Powers vested in secretary available for enforcement of chapter.
Section 37-10-29 - Suspension or revocation of license under cigarette tax law.
Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license.
Section 37-10-31 - Procedure for suspension or revocation of license.
Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations.
Section 37-10-33 - Appeal to courts from secretary of revenue.
Section 37-10-34 - Sales prohibited during suspension or revocation of license.
Section 37-10-35 - Reinstatement of revoked license.
Section 37-10-36 - Injunction proceedings to prevent violations of chapter.
Section 37-10-37 - Damages recovered in injunction proceeding.
Section 37-10-38 - Action for damages without injunction.
Section 37-10-39 - Severability of provisions--Severability from other laws.