South Dakota Codified Laws
Chapter 10 - Unfair Cigarette Sales
Section 37-10-21 - Liquidation sales exempt from chapter.

37-10-21. Liquidation sales exempt from chapter.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are sold upon the final liquidation of a business.

Source: SL 1966, ch 157, ยง8 (4).

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 10 - Unfair Cigarette Sales

Section 37-10-1 - Definition of terms.

Section 37-10-2 - Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.

Section 37-10-3 - Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.

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 37-10-14 - Application of minimum price provisions to combination sales, rebates and concessions.

Section 37-10-15 - Promotional merchandise not considered in determining cost.

Section 37-10-16 - Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.

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 37-10-23 - Sale at less than cost or offer of rebate as evidence of intent to prevent competition.

Section 37-10-24 - Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.

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.

Section 37-10-40 - Citation of chapter.