reglab/housing_qa huggingface dataset:
SD Codified L § 37-10-15 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-15 - Promotional merchandise not considered in determining cost.

37-10-15. Promotional merchandise not considered in determining cost.Merchandise given free or payment made to a retailer or wholesaler by the manufacturer thereof for display, or advertising, or promotion purposes, or otherwise, shall not be considered in determining the cost of cigarettes to the retailer or wholesaler. Source: SL 1966, ch 157, §11 (2).
SD Codified L § 37-10-16 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-16 - Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.

37-10-16. Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in this chapter. Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesaler as prescribed in this chapter. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in §§37-10-18 to 37-10-22, inclusive, shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankruptcy sale be considered the price of a competitor within the meaning of this section. Source: SL 1966, ch 157, §9 (1).
SD Codified L § 37-10-17 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-17 - Cost survey price considered competitive price.

37-10-17. Cost survey price considered competitive price.In the absence of proof of the price of a competitor, under §37-10-16, the lowest cost to the retailer, or the lowest cost to the wholesaler, as the case may be, determined by any cost survey, made pursuant to §37-10-12, may be deemed the price of a competitor within the meaning of §37-10-16. Source: SL 1966, ch 157, §9 (2).
SD Codified L § 37-10-18 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-18 - Isolated transactions exempt from chapter.

37-10-18. Isolated transactions exempt from chapter.The provisions of this chapter shall not apply to sales at retail or sales at wholesale made as an isolated transaction and not in the usual course of business. Source: SL 1966, ch 157, §8 (1).
SD Codified L § 37-10-19 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer.

37-10-19. Damaged merchandise sales exempt from chapter--Notice to customer.The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and such 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. Source: SL 1966, ch 157, §8 (3).
SD Codified L § 37-10-20 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer.

37-10-20. Clearance sales exempt from chapter--Notice to customer.The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and such 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. Source: SL 1966, ch 157, §8 (2).
SD Codified L § 37-10-21 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|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, §8 (4).
SD Codified L § 37-10-22 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-22 - Sales by officer acting under court order exempt from chapter.

37-10-22. Sales by officer acting under court order exempt from chapter.The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold by any officer acting under the order or direction of any court. Source: SL 1966, ch 157, §8 (5).
SD Codified L § 37-10-23 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-23 - Sale at less than cost or offer of rebate as evidence of intent to prevent competition.

37-10-23. Sale at less than cost or offer of rebate as evidence of intent to prevent competition.Evidence of advertisement, offering to sell or sale of cigarettes by any retailer or wholesaler at less than cost to him or evidence of any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind or nature whatsoever in connection with the sale of cigarettes, 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, or the inducing or attempt to induce or the procuring or the attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer shall be prima facie evidence of intent to injure competition and to destroy or substantially lessen competition. Source: SL 1966, ch 157, §3 (3).
SD Codified L § 37-10-24 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-24 - Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.

37-10-24. Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.In determining cost to the retailer and cost to the wholesaler the secretary of revenue 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 this chapter purchased cigarettes, with respect to the sale of which complaint is made, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider as bearing on the good faith of such cost, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state. Source: SL 1966, ch 157, §11 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-25 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-25 - Contracts in violation void--Recovery prohibited.

37-10-25. Contracts in violation void--Recovery prohibited.Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter, is declared to be an illegal and void contract and no recovery shall be made thereon. Source: SL 1966, ch 157, §10.
SD Codified L § 37-10-26 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-26 - Promulgation of rules--Cost survey.

37-10-26. Promulgation of rules--Cost survey.The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:(1)The minimum price of cigarettes;(2)The extension of credit; and(3)Retail delinquency.The secretary of revenue may undertake a cost survey as provided in §37-10-12. Source: SL 1966, ch 157, §14 (1); SL 1987, ch 82, §53; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-27 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-27 - Duty to enforce chapter--Employment of personnel.

37-10-27. Duty to enforce chapter--Employment of personnel.In order to effectuate the purposes of this chapter it shall be the duty of the secretary of revenue to carry out the enforcement provisions of this chapter. In accordance with the laws of this state the secretary may, within the limits of available appropriations, employ and fix the duties and compensation of such inspectors and other personnel necessary to carry out the provisions of this chapter. Source: SL 1966, ch 157, §14 (2); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-28 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-28 - Powers vested in secretary available for enforcement of chapter.

37-10-28. Powers vested in secretary available for enforcement of chapter.All of the powers vested in the secretary of revenue by the provisions of any law heretofore or hereafter to be enacted, shall be available to the secretary in the enforcement of the Unfair Cigarette Sales Act. Source: SL 1966, ch 157, §17; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-29 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-29 - Suspension or revocation of license under cigarette tax law.

37-10-29. Suspension or revocation of license under cigarette tax law.In addition to the provisions of §§37-10-2, 37-10-3, and 37-10-36 to 37-10-38, inclusive, the secretary of revenue is empowered to suspend or revoke the license or any licenses of any person, licensed under the provisions of chapter 10-50. Source: SL 1966, ch 157, §16 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-30 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license.

37-10-30. Disciplinary proceedings not abated by expiration or renewal of license.No disciplinary proceedings or action shall be barred or abated by the expiration, transfer, surrender, continuance, renewal, or extension of any license issued under the provisions of chapter 10-50. Source: SL 1966, ch 157, §16 (3).
SD Codified L § 37-10-31 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-31 - Procedure for suspension or revocation of license.

37-10-31. Procedure for suspension or revocation of license.No license or licenses issued under chapter 10-50 shall be suspended or revoked, except in compliance with chapter 1-26. Source: SL 1966, ch 157, §16 (1).
SD Codified L § 37-10-32 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations.

37-10-32. Periods of suspension of license--Revocation for persistent violations.If the secretary of revenue finds that a licensee has failed to comply with any provisions of this chapter or any rule promulgated thereunder, the secretary shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than five nor more than twenty days, and for subsequent offenses not less than twenty days nor more than twelve months, and, if the secretary finds the offender has been guilty of willful and persistent violations, he may revoke the person's license or licenses. Source: SL 1966, ch 157, §16 (1); SL 1987, ch 82, §54; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-33 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-33 - Appeal to courts from secretary of revenue.

37-10-33. Appeal to courts from secretary of revenue.Any person aggrieved by any decision, order or finding of the secretary of revenue may appeal therefrom as provided by chapter 1-26. Source: SL 1966, ch 157, §16 (4); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-34 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-34 - Sales prohibited during suspension or revocation of license.

37-10-34. Sales prohibited during suspension or revocation of license.No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by him or upon other premises controlled by him or others in any other manner or form whatever. Source: SL 1966, ch 157, §16 (3).
SD Codified L § 37-10-35 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-35 - Reinstatement of revoked license.

37-10-35. Reinstatement of revoked license.Any person whose license or licenses have been revoked pursuant to §§37-10-29 to 37-10-32, inclusive, may apply to the secretary of revenue at the expiration of sixty days for a reinstatement of his license or licenses. Such license or licenses may be reinstated by the secretary if the secretary is satisfied that the licensee will comply with the provisions of this chapter and the rules promulgated thereunder. Source: SL 1966, ch 157, §16 (2); SL 1987, ch 82, §55; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-36 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-36 - Injunction proceedings to prevent violations of chapter.

37-10-36. Injunction proceedings to prevent violations of chapter.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 this chapter. Such an action may be instituted by any person injured by any violation or threatened violation of this chapter or by the attorney general, upon the request of the secretary of revenue. If in such action a violation or threatened violation of the provisions of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit such violation or threatened violation. Source: SL 1966, ch 157, §15 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-37 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-37 - Damages recovered in injunction proceeding.

37-10-37. Damages recovered in injunction proceeding.In an action pursuant to §37-10-36, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in such action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the actual damages sustained by such plaintiff. Source: SL 1966, ch 157, §15 (1).
SD Codified L § 37-10-38 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-38 - Action for damages without injunction.

37-10-38. Action for damages without injunction.If no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an action for damages and costs of suit in any court of competent jurisdiction. Source: SL 1966, ch 157, §15 (2).
SD Codified L § 37-10-39 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-39 - Severability of provisions--Severability from other laws.

37-10-39. Severability of provisions--Severability from other laws.If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. Any determination of invalidity of this or any portion of this chapter shall not be deemed to invalidate or render ineffectual any of the provisions of any other law regulating, taxing, or in any way affecting the sale and distribution of cigarettes in this state. Source: SL 1966, ch 157, §18.
SD Codified L § 37-10-40 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-40 - Citation of chapter.

37-10-40. Citation of chapter.This chapter shall be known and may be cited as the Unfair Cigarette Sales Act. Source: SL 1966, ch 157, §1.
SD Codified L § 37-11-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 11 - Registration Of Business Names|Section 37-11-1 - Filing of fictitious name statement required--Exceptions.

37-11-1. Filing of fictitious name statement required--Exceptions.Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply:(1)The name of the business plainly shows the true surname of each person interested in the business; or(2)The name of the business is on file with the secretary of state in a required business filing.The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be deposited into the financing statement and annual report filing fee fund. Source: SDC 1939, §49.0801; SL 1974, ch 55, §38; SL 1975, ch 242, §1; SL 1977, ch 190, §254; SL 1999, ch 33, §2; SL 2004, ch 256, §1; SL 2008, ch 204, §1; SL 2015, ch 202, §1; SL 2016, ch 2, §9.
SD Codified L § 37-11-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 11 - Registration Of Business Names|Section 37-11-2 - Statement filed on change in ownership of business--Fee.

37-11-2. Statement filed on change in ownership of business--Fee.A verified statement as described in §37-11-1 shall be similarly filed upon any change of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall be paid with each filing under this section. The fee shall be deposited into the financing statement and annual report filing fee fund. Source: SDC 1939, §49.0801; SL 1974, ch 55, §39; SL 1975, ch 242, §2; SL 1999, ch 33, §3; SL 2004, ch 256, §2; SL 2016, ch 2, §10.
SD Codified L § 37-11-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 11 - Registration Of Business Names|Section 37-11-3 - Information recorded by secretary of state and register of deeds.

37-11-3. Information recorded by secretary of state and register of deeds.The secretary of state shall record the information required pursuant to the provisions of §§37-11-1 and 37-11-2 in such manner as may be necessary to effectuate the purposes of this chapter. The register of deeds shall, within seven days, electronically record, on the electronic filing system maintained by the secretary of state, the information collected on paper forms filed with the register of deeds pursuant to §§37-11-1 and 37-11-2. Source: SDC 1939, §49.0803; SL 1974, ch 55, §40; SL 1975, ch 242, §3; SL 2004, ch 256, §3.
SD Codified L § 37-11-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 11 - Registration Of Business Names|Section 37-11-4 - Liability of persons interested in business.

37-11-4. Liability of persons interested in business.All persons interested in a business described in §37-11-1 at any time shall be at all times liable for any contracts or obligations incurred while they were so interested. Source: SDC 1939, §49.0801; SL 2017, ch 178, §1.
SD Codified L § 37-11-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 11 - Registration Of Business Names|Section 37-11-5 - Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery.

37-11-5. Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery.No person or firm operating or interested in a business, may maintain any legal action in the name under which the business is conducted unless the person or firm has complied with the provisions of §§37-11-1 and 37-11-2. No such person or firm may recover anything or enforce any right claimed to be due or arising out of the operation of the business until the statement required by §37-11-1 or 37-11-2 has been filed. Source: SDC 1939 §49.0802; SL 2015, ch 202, §2.
SD Codified L § 37-14-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 14 - Auction Sales|Section 37-14-2 - Auction sale defined.

37-14-2. Auction sale defined."Auction sale," as used in this chapter means the offering for sale or selling of personal property to the highest bidder or offering for sale or selling of personal property at a high price and then offering the personal property at successive lower prices until a buyer is secured. Source: SL 1955, ch 233, §7; SDC Supp 1960, §54.0509; SL 1998, ch 242, §1.
SD Codified L § 37-14-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 14 - Auction Sales|Section 37-14-4 - Farm sales, judicial sales and closing out sales exempt.

37-14-4. Farm sales, judicial sales and closing out sales exempt.The provisions of §§37-14-2 to 37-14-5, inclusive, do not extend to the sale at public auction of livestock, farm machinery, or farm produce or any other item commonly sold at a farm sale, to any auction sale held under authority of or under the supervision and direction of any court of this state, or to any person, firm, or corporation who has been engaged in business in the State of South Dakota for a period of at least one year, conducting a closing out or stock reduction sale of the business. Source: SL 1955, ch 233, §8; SDC Supp 1960, §54.0510; SL 1998, ch 242, §3.
SD Codified L § 37-14-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 14 - Auction Sales|Section 37-14-5 - Requirements of chapter.

37-14-5. Requirements of chapter.Any requirement under the provisions of §§37-14-2 to 37-14-5, inclusive, is in addition to and not in lieu of any other state or local license as required by statute or ordinance. Source: SL 1955, ch 233, §9; SDC Supp 1960, §54.0511; SL 1998, ch 242, §4.