reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 6 - PROCEDURAL FAIRNESS FOR RESTAURANT FRANCHISEES (§§ 4-72-601 — 4-72-603) › Section 4-72-601 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Franchisee" means a person to whom a restaurant franchise is granted;
(2)
"Franchisor" means a person who grants or has granted a restaurant franchise; and
(3)
"Restaurant franchise" means a contract or agreement, either express or implied, whether oral or written, between two (2) or more persons, by which:
(A)
A franchisee is granted the right to engage in the business of offering, selling, or distributing food or beverages intended or suitable for immediate consumption on or off the premises of the franchisee under a marketing plan or system prescribed in substantial part by a franchisor;
(B)
Operation of the franchisee's business pursuant to that plan or system is substantially associated with the franchisor's trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and
(C)
The franchisee pays or is required to pay, directly or indirectly, a franchise fee.
Acts 1993, No. 310, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 6 - PROCEDURAL FAIRNESS FOR RESTAURANT FRANCHISEES (§§ 4-72-601 — 4-72-603) › Section 4-72-602 - Commencement of civil action or arbitration proceeding

(a)
A party to a restaurant franchise may commence a civil action or, if the restaurant franchise allows or compels arbitration of disputes, may initiate an arbitration proceeding, including an action or proceeding for violation of this subchapter, in Arkansas if either party to the restaurant franchise is a resident of Arkansas.
(b)
Such action may be brought or arbitration initiated in the county in which the franchised restaurant is located or expected to be located or in which the principal place of business of the franchisee or franchisor is located.
Acts 1993, No. 310, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 72 - FRANCHISES (§§ 4-72-201 — 4-72-603) › Subchapter 6 - PROCEDURAL FAIRNESS FOR RESTAURANT FRANCHISEES (§§ 4-72-601 — 4-72-603) › Section 4-72-603 - Applicability

(a)
This subchapter applies to a restaurant franchise operated in whole or in part in Arkansas and to the parties to the restaurant franchise.
(b)
This subchapter may not be waived, and its application to a restaurant franchise or a party to a restaurant franchise may not be avoided, in whole or in part by agreement or by conduct, except as part of a settlement of a bona fide dispute.
(c)
Neither a franchisee nor a franchisor shall be deprived of the application and benefits of this subchapter by a provision of a franchise purporting to designate the law of another jurisdiction as governing or interpreting the franchise, or to designate a venue outside of Arkansas for the resolution of disputes.
(d)
To the extent permitted by the United States Constitution and the Arkansas Constitution, this subchapter is intended to apply to franchises granted, transferred, renewed, amended, replaced, or in existence on and after August 13, 1993.
Acts 1993, No. 310, §§ 3, 4.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-201 - Title

This subchapter may be cited as the "Artists' Consignment Act".
Acts 1983, No. 820, § 1; A.S.A. 1947, § 68-1806.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Art" means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, or other commonly recognized art form;
(2)
"Art dealer" means a person engaged in the business of selling works of art;
(3)
"Artist" means the creator of a work of art or, if he or she is deceased, his or her estate; and
(4)
"On consignment" means that no title to, or estate in, the goods or right to possession thereof superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey all of the right, title, and interest of the consignor in and to such goods to a third person.
Acts 1983, No. 820, § 2; A.S.A. 1947, § 68-1807.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-203 - Applicability of subchapter

This subchapter shall not apply to any contract or arrangement in existence prior to July 4, 1983, nor to any extensions or renewals thereof; except that the parties to such contract or arrangement may thereafter elect to be governed by the provisions of this subchapter.
Acts 1983, No. 820, § 6; A.S.A. 1947, § 68-1811.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-204 - Liability of art dealer for violation of subchapter

A violation by an art dealer of any of the provisions of this subchapter shall render the art dealer liable for damages to the artist in an amount equal to fifty dollars ($50.00) plus the actual damages sustained by the artist, including incidental and consequential damages. In such actions, reasonable attorney's fees and court costs shall be paid to the prevailing party.
Acts 1983, No. 820, § 5; A.S.A. 1947, § 68-1810.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-205 - Waiver of subchapter's provisions void

Any provision, whether oral or written, in or pertaining to the placing of a work of fine art on consignment whereby any provision of this subchapter is waived shall be deemed to be against public policy and shall be void.
Acts 1983, No. 820, § 6; A.S.A. 1947, § 68-1811.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-206 - Consigned artworks exempt from liens and security interests

A work of art delivered to an art dealer for the purpose of exhibition or sale and the proceeds from the sale of the work by the dealer, whether to the dealer on his or her own account or to a third person, are not subject to the claims, liens, or security interests of the creditors of the art dealer, notwithstanding any law to the contrary.
Acts 1983, No. 820, § 3; A.S.A. 1947, § 68-1808.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 2 - ARTISTS' CONSIGNMENT ACT (§§ 4-73-201 — 4-73-207) › Section 4-73-207 - Delivery of work of fine art for exhibition or sale - Effects - Liability of dealer for damage or loss

Notwithstanding any custom, practice, or usage of the trade or any provision of law to the contrary:
(1)
Whenever an artist delivers or causes to be delivered a work of fine art of his or her own creation to an art dealer for the purpose of exhibition or sale on a commission, fee, or other basis of compensation, the delivery to, and acceptance thereof by, the art dealer is deemed to place the work on consignment; and:
(A)
The art dealer shall thereafter, with respect to the work, be deemed to be the agent of such artist;
(B)
The work is trust property in the hands of the consignee for the benefit of the consignor; and
(C)
Any proceeds from the sale of the work are trust funds in the hands of the consignee for the benefit of the consignor;
(2)
Notwithstanding the subsequent purchase of a work of fine art by the consignee directly or indirectly for his or her own account, the work initially received on consignment shall be deemed to remain trust property until the price is paid in full to the consignor. If the work is thereafter resold to a bona fide third party before the consignor has been paid in full, the proceeds of the resale are trust funds in the hands of the consignee for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and the trusteeship shall continue until the fiduciary obligation of the consignee with respect to the transaction is discharged in full;
(3)
Notwithstanding any law to the contrary, no such trust property or trust funds shall be subject to or subordinate to any claims, liens, or security interests of the consignee's creditors; and
(4)
(A)
An art dealer is liable for negligent acts causing the loss of or damage to a work of fine art while it is in his or her possession.
(B)
The value of the work of fine art is, for the purposes of this subdivision (4), the value established in a written agreement between the artist and the art dealer prior to the loss or damage of the work or, if no written agreement regarding the value of the work exists, the fair market value of the work less the art dealer's commission or fee.
Acts 1983, No. 820, § 4; A.S.A. 1947, § 68-1809.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 3 - SALES OF FINE PRINTS (§§ 4-73-301 — 4-73-305) › Section 4-73-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Artist" means the person who conceived or created or conceived and created the master image for, or which served as a model for, the print;
(2)
(A)
"Fine print" includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph.
(B)
A fine print is "signed" if the artist autographs the finished print, irrespective of whether it was signed or unsigned in the plate;
(3)
"Impression" means the printed image on suitable material, whether paper or any other substance, made off the plate by printing, stamping, casting, or any other process commonly used in the graphic arts;
(4)
"Plate" means the plate, stone, block, or other material used for the purpose of creating the print from which the impression or impressions were taken; and
(5)
"Reproduction" means a copy of an original print made by a commercial mechanical process, but not a unique print made from the original plate.
Acts 1983, No. 819, § 1; A.S.A. 1947, § 68-1801.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 3 - SALES OF FINE PRINTS (§§ 4-73-301 — 4-73-305) › Section 4-73-302 - Applicability of subchapter

This subchapter applies only to fine prints printed after July 4, 1983.
Acts 1983, No. 819, § 4; A.S.A. 1947, § 68-1804.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 3 - SALES OF FINE PRINTS (§§ 4-73-301 — 4-73-305) › Section 4-73-303 - Liability of seller for violation of subchapter

(a)
A person who offers or sells a fine print in violation of this subchapter shall be liable to the person purchasing the fine print. The purchaser may recover the consideration paid for the print with interest at the legal rate upon the tender of the print.
(b)
In any case in which a person willfully offers or sells a fine print in violation of this subchapter, the person purchasing the fine print may recover from the person who offers or sells the fine print an amount equal to three (3) times the amount required under subsection (a) of this section.
Acts 1983, No. 819, § 5; A.S.A. 1947, § 68-1805.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 3 - SALES OF FINE PRINTS (§§ 4-73-301 — 4-73-305) › Section 4-73-304 - Certificate of information to be furnished purchaser

(a)
No person engaged in the business of selling fine prints shall sell a fine print, at wholesale or at retail, unless the person furnishes the purchaser a certificate or a written invoice or receipt for the purchase price which clearly and conspicuously discloses and warrants all of the applicable information about a fine print set forth in §
4-73-305
.
(b)
If the seller disclaims knowledge as to any applicable item of information set forth in §
4-73-305
, the seller shall so state specifically and categorically with regard to each such item.
(c)
If the seller describes a fine print as a reproduction, the seller need not furnish any further information, unless the edition was allegedly published in a signed, numbered, or limited edition, or any combination thereof, in which case all of the informational details are required to be furnished.
Acts 1983, No. 819, § 2; A.S.A. 1947, § 68-1802.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 73 - SALES AND EXHIBITIONS OF ART (§§ 4-73-201 — 4-73-305) › Subchapter 3 - SALES OF FINE PRINTS (§§ 4-73-301 — 4-73-305) › Section 4-73-305 - Information required on certificate

The following information about a fine print shall be furnished as provided in §
4-73-304
:
(1)
The name of the artist and the year when printed;
(2)
Exclusive of trial proofs, whether the edition is being offered as a limited edition, and, if so:
(A)
The authorized maximum number of signed or numbered impressions, or both, in the edition;
(B)
The authorized maximum number of unsigned or unnumbered impressions, or both, in the edition;
(C)
The authorized maximum number of artist's, publisher's, printer's, or other proofs, if any, outside of the regular edition; and
(D)
The total size of the edition;
(3)
Whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition;
(4)
If there were any prior states of the same impression, the total number of states, and a designation of the state to which the subject print relates;
(5)
If there were any prior or later editions from the same plate, the series number of the subject edition, and the total size of all other editions;
(6)
Whether the edition is a posthumous edition or restrike and, if so, whether the plate has been reworked; and
(7)
The name of the workshop, if any, where the edition was printed.
Acts 1983, No. 819, § 3; A.S.A. 1947, § 68-1803.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-101 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Going-out-of-business sale" means and includes all sales advertised, represented, or held under the designation of "going out of business", "discontinuance of business", "selling out", "closing out", "liquidation", "lost our lease", "must vacate", "forced out", or any other designation of similar meaning; and
(2)
"Person" means any individual, corporation, partnership, association, or other entity.
Acts 1983, No. 297, § 1; A.S.A. 1947, § 71-5501.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-102 - Penalty

Any person conducting a going-out-of-business sale contrary to the provisions of this chapter who shall fail or refuse to comply with the requirements of this chapter or who shall violate any provision of this chapter shall be guilty of a Class A misdemeanor.
Acts 1983, No. 297, § 8; A.S.A. 1947, § 71-5508.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-103 - Sales excepted from chapter

The provisions of this chapter shall not be applicable to any sale of goods, wares, or merchandise pursuant to any court order or direction nor to the sale of any goods, wares, or merchandise by any sheriff or other public official in the course of his or her official duties.
Acts 1983, No. 297, § 9; A.S.A. 1947, § 71-5509.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-104 - Enforcement of chapter

It is the duty of the sheriff and other law enforcement officers in each county and the prosecuting attorney for each county to enforce the provisions of this chapter.
Acts 1983, No. 297, § 10; A.S.A. 1947, § 71-5510.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-105 - License requirement

No person shall advertise or offer for sale a stock of goods, wares, or merchandise as a going-out-of-business sale unless that person has first obtained a license to conduct the sale from the county clerk of the county in which he or she proposes to conduct the sale.
Acts 1983, No. 297, § 2; A.S.A. 1947, § 71-5502.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-106 - Application for license

(a)
The application for the license shall be in writing and under oath and shall be filed with the clerk at least fourteen (14) days prior to the opening date of the proposed sale.
(b)
The application shall show all the facts relating to the reasons and character of the sale, including the opening and closing dates of the proposed sale.
(c)
The application for a license to conduct a going-out-of-business sale shall be accompanied by a fee of two hundred fifty dollars ($250). However, if the applicant has been in business for a period of at least one (1) year at the location where the proposed going out of business sale is to be conducted, the license fee shall be twenty-five dollars ($25.00).
Acts 1983, No. 297, §§ 2, 3; A.S.A. 1947, §§ 71-5502, 71-5503.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-107 - Bond

(a)
The application shall also be accompanied by a cash bond or a corporate surety bond in the amount of two thousand dollars ($2,000) or five percent (5%) of the wholesale value of the goods proposed to be offered at the sale, whichever is lesser, and shall be in favor of the State of Arkansas.
(b)
The proceeds of the bond shall be available to assure compliance with the provisions of this chapter and the payment of any and all taxes due the State of Arkansas or any political subdivision of the state as the result of the sale and shall also be available to satisfy any judgment which may be rendered against the merchant in favor of any purchaser of goods, wares, or merchandise at the sale based upon the sale of such merchandise, and which judgment is rendered pursuant to an action which is filed within one (1) year after the date on which the going-out-of-business sale is completed.
(c)
The bond shall be maintained for at least one (1) year and shall be released by the clerk only upon proof being submitted by the licensee that the licensee has complied with all provisions of this chapter, has paid all taxes and penalties due the State of Arkansas or any political subdivision thereof, and that all judgments, if any, rendered against the applicant as a result of the sale have been paid and that no action is pending against the licensee as a result of the sale.
Acts 1983, No. 297, § 3; A.S.A. 1947, § 71-5503.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-108 - Duration of license - Extension - Display

(a)
(1)
Each license issued for the conduct of a going-out-of-business sale shall be valid for a period of sixty (60) days, but the county clerk may extend the license for an additional period, not to exceed thirty (30) days, upon proof by the licensee that the licensee has been unable to complete the sale within the sixty-day period.
(2)
If the county clerk grants an extension, the clerk shall issue a new license certificate.
(b)
A person licensed under this chapter to conduct a going-out-of-business sale shall post a copy of the license certificate on each entrance door to the business.
Acts 1983, No. 297, § 5; A.S.A. 1947, § 71-5505; Acts 2007, No. 348, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-109 - Clerk's duties - Forms for applications and licenses

(a)
(1)
The county clerk in each county shall design and cause to be printed appropriate forms for applications for licenses and for the license certificates to be issued to applicants under this chapter.
(2)
The license certificate shall prominently display the beginning date and the ending date of the going-out-of-business sale.
(b)
The county clerk to whom application is made for a license under the provisions of this chapter shall preserve such application and all information accompanying the application for a period of one (1) year from the date the license is issued.
Acts 1983, No. 297, § 4; A.S.A. 1947, § 71-5504; Acts 2007, No. 348, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-110 - Seller may not continue business after sale

A person conducting a going-out-of-business sale licensed under the provisions of this chapter shall not, upon conclusion of the sale, continue to conduct a similar business at the same location or address at which the going-out-of-business sale was conducted.
Acts 1983, No. 297, § 6; A.S.A. 1947, § 71-5506.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 74 - GOING-OUT-OF-BUSINESS SALES (§§ 4-74-101 — 4-74-111) › Section 4-74-111 - False representation concerning sale unlawful

(a)
It is unlawful for any person, firm, corporation, association, or other business entity to falsely represent that the person or entity is going out of business or for any person or entity to misrepresent the ownership of a business for the purpose of or in connection with the conduct of a going-out-of-business sale.
(b)
(1)
Any going-out-of-business sale conducted in violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
(2)
All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be available to the Attorney General for the enforcement of this chapter.
Acts 1983, No. 297, § 7; A.S.A. 1947, § 71-5507; Acts 1993, No. 1057, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-75-101 — 4-75-103) › Section 4-75-102 - Private use of booking photograph - Definitions

(a)
As used in this section:
(1)
"Booking photograph" means a photograph or image of an arrested person taken for identification purposes by an arresting law enforcement agency at the time the person is processed into jail; and
(2)
"Publish-for-pay website" means a privately owned website that accepts, requests, or requires the payment of a fee or other consideration in order to remove a booking photograph from the website.
(b)
(1)
A person may request the removal of his or her booking photograph from a publish-for-pay website by submitting to the publish-for-pay website a written request to remove his or her booking photograph from the publish-for-pay website.
(2)
The written request submitted under subdivision (b)(1) of this section shall include:
(A)
The person's name and date of birth;
(B)
The date of arrest; and
(C)
The name of the arresting law enforcement agency.
(c)
(1)
A publish-for-pay website that displays booking photographs taken by an Arkansas law enforcement agency shall have displayed prominently on the home page of the publish-for-pay website the name, mailing address, email address, and any other contact information for the owner or operator of the publish-for-pay website.
(2)
A publish-for-pay website shall also provide, at no cost, for a readily accessible means by which a person may have verified by the owner or operator of the publish-for-pay website receipt of his or her written request submitted under subdivision (b)(1) of this section.
(3)
The person responsible for removing the booking photograph of the person from the publish-for-pay website shall:
(A)
Remove the booking photograph of the person from the publish-for-pay website within five (5) business days of receipt of a written request submitted under subdivision (b)(1) of this section; and
(B)
Not require payment of a fee or other consideration for removing the booking photograph of the person from the publish-for-pay website.
(d)
A publish-for-pay website that fails to remove the booking photograph of the person in accordance with this section is liable for civil penalties, including compensatory damages, attorney's fees, and punitive damages.
(e)
The Attorney General may investigate violations of this section and may engage in litigation on behalf of a person making a written request under subdivision (b)(1) of this section, including an action for injunctive relief.
(f)
A publish-for-pay website that is publicly accessible within this state is subject to this section.
Added by Act 2021, No. 450,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-201 - Title

This subchapter shall be known and designated as the "Unfair Practices Act".
Acts 1937, No. 253, § 14; A.S.A. 1947, § 70-314.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-202 - Purpose

The General Assembly declares that the purpose of this subchapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented.
Acts 1937, No. 253, § 13; Pope's Dig., § 14323; A.S.A. 1947, § 70-313.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-203 - Construction

This subchapter shall be literally construed so that its beneficial purposes may be subserved.
Acts 1937, No. 253, § 13; Pope's Dig., § 14323; A.S.A. 1947, § 70-313.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-204 - Penalties

Any person, firm, or corporation, whether as principal, agent, officer, or director for himself or herself or itself, for another person, or for any firm or corporation, that shall violate any of the provisions of this subchapter is guilty of a Class A misdemeanor for each single violation.
Acts 1937, No. 253, § 11; Pope's Dig., § 14321; A.S.A. 1947, § 70-311; Acts 2005, No. 1994, § 340.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-205 - Forfeiture of charter, rights, etc. - Proceedings

(a)
Upon the third violation of any of the provisions of this subchapter by any corporation, it shall be the duty of the Attorney General to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter, rights, franchises, or privileges and powers exercised by the corporation, and to permanently enjoin it from transacting business in this state.
(b)
If in such action the court finds that the corporation is violating or has violated any of the provisions of this subchapter, it must enjoin the corporation from doing business in this state permanently or for such time as the court shall order, or must annul the charter or revoke the franchise of the corporation.
Acts 1937, No. 253, § 8; Pope's Dig., § 14318; A.S.A. 1947, § 70-308.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-206 - Contracts violating subchapter illegal

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this subchapter is declared to be an illegal contract and no recovery thereon shall be had.
Acts 1937, No. 253, § 9; Pope's Dig., § 14319; A.S.A. 1947, § 70-309.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-207 - Destruction of competition by price discrimination prohibited

(a)
It shall be unlawful for any person, firm, or corporation doing business in the State of Arkansas and engaged in the production, manufacture, distribution, or sale of any commodity or product or of service or output of a service trade of general use or consumption or of the product or service of any public utility with the intent to destroy the competition of any regular established dealer in the commodity, product, or service, or to prevent the competition of any person, firm, private corporation, or municipal or other public corporation who or which in good faith intends and attempts to become a dealer to discriminate between different sections, communities, or cities or portions thereof, or between different locations in the sections, communities, cities, or portions thereof in this state, by selling or furnishing the commodity, product, or service at a lower rate in one (1) section, community, or city or any portion thereof, or in one (1) location in the section, community, or city or any portion thereof, than in another, after making allowance for difference, if any, in the grade, quality, or quantity and in the actual cost of transportation from the point of production, if a raw product or commodity, or from the point of manufacture, if a manufactured product or commodity.
(b)
The inhibition of this section against locality discrimination shall include any scheme of special rebates, collateral contracts, or any device of any nature whereby such discrimination is, in substance or fact, effected in violation of the spirit and intent of this subchapter.
(c)
This subchapter shall not be construed to prohibit the meeting in good faith of a competitive rate, or to prevent a reasonable classification of service by public utilities for the purpose of establishing rates.
Acts 1937, No. 253, § 1; Pope's Dig., § 14311; A.S.A. 1947, § 70-301.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-208 - Secret payments or allowance of rebates, refunds, etc. - Penalty

(a)
The secret payment or allowance of rebates, refunds, commissions, or unearned discounts is an unfair trade practice, whether in the form of money or otherwise or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions to the injury of a competitor and where the payment or allowance tends to destroy competition.
(b)
Any person, firm, partnership, corporation, or association resorting to such trade practice shall be guilty of a Class A misdemeanor.
Acts 1937, No. 253, § 7; Pope's Dig., § 14317; A.S.A. 1947, § 70-307; Acts 2005, No. 1994, § 341.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-210 - Liability of directors, officers, agents, etc. - Proof of unlawful intent

(a)
Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this subchapter, assists or aids, directly or indirectly, in the violation shall be responsible therefor equally with the person, firm, or corporation for whom or which he or she acts.
(b)
In the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which he or she acts.
Acts 1937, No. 253, § 2; Pope's Dig., § 14312; A.S.A. 1947, § 70-302.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-211 - Remedies - Witnesses and documents - Immunity

(a)
Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and, if injured thereby, for the recovery of damages.
(b)
(1)
If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof.
(2)
It shall not be necessary that actual damages to the plaintiff be alleged or proved.
(3)
In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant three (3) times the amount of the actual damages, if any, sustained.
(c)
(1)
Any defendant in an action brought under the provisions of this section or any witness desired by the state may be required to testify under §
16-43-211
and as otherwise provided by law.
(2)
In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.
(3)
However, no information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of §§
4-75-204
and
4-75-207
-
4-75-210
.
(d)
The remedies prescribed in this subchapter are cumulative and in addition to the remedies prescribed in the Public Utilities Act, §
23-1-101
et seq., for discrimination by public utilities. If any conflict shall arise between this subchapter and the Public Utilities Act, §
23-1-101
et seq., the latter shall prevail.
Amended by Act 2013, No. 1148,§ 2, eff. 8/16/2013.
Acts 1937, No. 253, §§ 10, 12; Pope's Dig., §§ 14320, 14322; A.S.A. 1947, §§ 70-310, 70-312.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-213 - Person defined

Unless otherwise defined, for purposes of this subchapter, "person" means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity.
Acts 2003, No. 1172, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-214 - Awards to the Attorney General - Use of moneys

(a)
There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted.
(b)
The costs and fees deposited into the account shall be used for the furtherance of the Attorney General's duties and activities under this subchapter.
Acts 2003, No. 1172, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-215 - Action not barred because it affects interstate or foreign commerce

(a)
This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas.
(b)
No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.
Acts 2003, No. 1172, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-216 - Venue

Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in which event the action shall be brought in the appropriate federal court.
Acts 2003, No. 1172, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 2 - UNFAIR PRACTICES ACT (§§ 4-75-201 — 4-75-217) › Section 4-75-217 - Statute of limitations

(a)
Any action brought by the Attorney General pursuant to this subchapter is barred if it is not commenced within five (5) years after the cause of action accrues.
(b)
The statute of limitations described in subsection (a) of this section shall be tolled during any period when the defendant in any action fraudulently concealed the events upon which the cause of action is based.
(c)
This section is not intended to allow for the commencement of any action by the Attorney General under the provisions of this subchapter for events occurring prior to the enactment of this section of which the Attorney General had actual knowledge.
Acts 2003, No. 1172, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-301 - Definition

As used in this subchapter, unless the context otherwise requires, "monopoly" means any union or combination or consolidation or affiliation of capital, credit, property, assets, trade, customs, skill, or acts of any other valuable thing or possession, by or between persons, firms, or corporations, or association of persons, firms, or corporations, whereby any one (1) of the purposes or objects mentioned in this subchapter is accomplished or sought to be accomplished, or whereby any one (1) or more of the purposes are promoted or attempted to be executed or carried out, or whereby the several results described herein are reasonably calculated to be produced. A monopoly, as thus defined and contemplated, includes not merely a combination by and between two (2) or more persons, firms, and corporations, acting for themselves, but is especially defined and intended to include all aggregations, amalgamations, affiliations, consolidations, or incorporations of capital, skill, credit, assets, property, custom, trade, or other valuable things or possessions, whether effected by the ordinary methods of partnership or by actual union under the legal form of a corporation or any incorporated body resulting from the union of one (1) or more distinct firms or corporations, or by the purchase, acquisition, or control of shares or certificates of stock or bonds or other corporate property or franchises; and all partnerships and corporations that have been or may be created by the consolidation or amalgamation of the separate capital, stock, bonds, assets, credit, property, customs, trade, corporate, or firm belongings of two (2) or more firms or corporations or companies are especially declared to constitute monopolies within the meaning of this subchapter, if so created or entered into for any one (1) or more of the purposes named in this subchapter.
Acts 1905, No. 1, § 5, p. 1; C. & M. Dig., § 7373; Pope's Dig., § 9412; A.S.A. 1947, § 70-105.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-302 - Monopolies unlawful

A monopoly, as defined in §
4-75-301
, is declared to be unlawful and against public policy, and any and all persons, firms, corporations, or association of persons engaged therein shall be deemed and adjudged to be guilty of a conspiracy to defraud and shall be subject to the penalties prescribed in this subchapter.
Acts 1905, No. 1, § 5, p. 1; C. & M. Dig., § 7373; Pope's Dig., § 9412; A.S.A. 1947, § 70-105.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-303 - Lawful commerce excepted

The purchase, sale, delivery, or disposition of any article of commerce in a lawful manner within this state shall not be deemed an act done in pursuance of, or for the purpose of carrying into effect, any conspiracy prohibited by this subchapter.
Acts 1905, No. 1, § 4, p. 1; 1913, No. 161, § 1; C. & M. Dig., § 7372; Pope's Dig., § 9411; A.S.A. 1947, § 70-104.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-308 - Precedence of actions under subchapter

All actions authorized and brought under this subchapter shall have precedence on motion of the Attorney General, of all other business, civil and criminal, except criminal cases where the defendants are in jail.
Acts 1905, No. 1, § 11, p. 1; 1913, No. 161, § 1; C. & M. Dig., § 7379; Pope's Dig., § 9418; A.S.A. 1947, § 70-111.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-309 - Fixing prices or quantities of products

Any corporation organized under the laws of this or any other state or country and transacting or conducting any kind of business in this state, or any partnership or individual, or other association or persons whatsoever, who is, or creates, enters into, or becomes a member of, or a party to, any pool, trust, agreement, combination, confederation, or understanding, whether it is made in this state or elsewhere, with any other corporation, partnership, individual, or any other person or association of persons, to regulate or fix, either in this state or elsewhere, the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, or tornado, or to maintain the price when so regulated or fixed, or who is, or enters into, or becomes a member of, or a party to any pool, agreement, contract, combination, association, or confederation, whether made in this state or elsewhere, to fix or limit in this state or elsewhere, the amount or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage by fire, lightning, storm, cyclone, or tornado or any other kind of policy issued by any corporation, partnership, individual, or association of persons aforesaid, shall be deemed and adjudged guilty of a conspiracy to defraud and be subject to the penalties as provided by this subchapter.
Acts 1905, No. 1, § 1, p. 1; C. & M. Dig., § 7368; Pope's Dig., § 9407; A.S.A. 1947, § 70-101.