reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-5 - Repurchase price; costs of handling, packing and loading

The supplier shall repurchase that inventory previously purchased from him and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm implements, machinery, utility and industrial equipment, outdoor power equipment and attachments, and ninety percent (90%) of the current net price on new, unused and undamaged and superseded repair parts. The supplier shall pay the retailer ten percent (10%) of the current net price on all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services. The supplier shall purchase at its amortized value any specific data processing hardware and software and telecommunications equipment that the supplier required the retailer to purchase within the past five (5) years. The supplier shall also repurchase, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years pursuant to the requirements of the supplier and held by the retailer on the date of termination. Such specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. Farm implements, machinery, utility and industrial equipment and outdoor power equipment used in demonstrations, including equipment leased primarily for demonstration or lease, shall also be subject to repurchase under this law at its agreed depreciated value, provided such equipment is in new condition and has not been abused.
Laws, 1977, ch. 419, § 3; Laws, 1994, ch. 399, § 6; Laws, 1997, ch. 318, § 5, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-6 - Rules for warranty claim submitted to supplier by retailer

This section applies to a warranty claim submitted by a retailer:
(a)
Claims filed for payment under warranty agreements shall either be approved or disapproved within thirty (30) days of receipt by the supplier. All claims for payment shall be paid within thirty (30) days of their approval. When any such claim is disapproved, the supplier shall notify the retailer within thirty (30) days stating the specific grounds upon which the disapproval is based. If a claim is not specifically disapproved within thirty (30) days of receipt, it shall be deemed approved and payment by the supplier shall be within thirty (30) days.
(b)
If after termination of a contract the retailer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty (30) days of receipt.
(c)
Warranty work performed by the retailer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions thereof, multiplied by the retailer's established customer hourly retail labor rate, which shall have previously been made known to the supplier.
(d)
Expenses expressly excluded under the supplier's warranty to the customer shall not be included nor required to be paid on requests for compensation from the retailer for warrant work performed.
(e)
All parts used by the retailer in performing warranty work shall be paid to the retailer in the amount equal to the retailer's net price for parts used, plus a minimum of fifteen percent (15%). The percentage additive is to reimburse the retailer for reasonable costs of doing business in performing warranty service on the suppliers behalf, including, but not limited to, freight and handling costs incurred.
(f)
The supplier has the right to adjust for errors discovered during audit, and if necessary, to adjust claims paid in error.
(g)
The retailer shall have the right to accept the manufacturer's reimbursement terms and conditions in lieu of the provisions of this section.
Laws, 2001, ch. 495, § 37, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-7 - Transfer of title and right of possession to repurchased inventory

Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the retailer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the retailer or his heirs have been given at least seven (7) business days' notice by registered U.S. mail, return receipt requested, of any proposed sale of the equipment financed and an opportunity to purchase the equipment. The former retailer or his heirs shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the retailer or his heirs in direct proportion to the liabilities outstanding.
Laws, 1977, ch. 419, § 4; Laws, 1997, ch. 318, § 6, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-9 - Certain items need not be repurchased

The provisions of this chapter shall not require the repurchase from a retailer of:
(a)
Any repair part which, because of its condition, is not resalable as a new part;
(b)
Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(c)
Any farm implements, machinery, utility and industrial equipment, outdoor power equipment, all-terrain vehicles, off-road utility vehicles and attachments which are not current models or which are not in new, unused, undamaged, complete condition, provided that the equipment used in demonstrations or leased as provided in Section
75-77-5
shall be considered new and unused;
(d)
Any repair parts which are not in new, unused, undamaged condition;
(e)
Any farm implements, machinery, utility and industrial equipment, outdoor power equipment, all-terrain vehicles, off-road utility vehicles or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract;
(f)
Any inventory which was ordered by the retailer on or after the date of termination of the contract.
Laws, 1977, ch. 419, § 5; Laws, 1994, ch. 399, § 7; Laws, 1997, ch. 318, § 7, eff. 7/1/1997.
Amended by Laws, 2013, ch. 457, HB 387, 2, eff. 3/25/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-11 - Civil liability for failure or refusal to repurchase

If any supplier shall fail or refuse to repurchase and pay the retailer for any inventory covered under the provisions of this chapter within sixty (60) days after shipment of such inventory, he shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney's fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment.
Laws, 1977, ch. 419, § 6; Laws, 1997, ch. 318, § 8, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-13 - Rights of heirs of retailer

(1)
In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the supplier had terminated the contract. The heir or heirs shall have one (1) year from the date of the death of the retailer or majority stockholder to exercise their options under this chapter. Nothing in this chapter shall require the repurchase of any inventory if the heir or heirs and the supplier enter into a new contract retail agreement to operate the retail dealership.
(2)
A supplier shall have ninety (90) days in which to consider and make a determination on a request by a family member to enter into a new retail agreement to operate the retail dealership. As used herein "family member" means a spouse, child, son-in-law, daughter-in-law or lineal descendant of the dealer or principal owner of the dealership. In the event the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for non-acceptance. This section does not entitle an heir, personal representative or family member to operate a dealership without the specific written consent of the supplier.
(3)
Notwithstanding the foregoing, in the event that a supplier and a dealer have previously executed an agreement concerning succession rights prior to the dealer's death and, if such agreement has not been revoked, such agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.
Laws, 1977, ch. 419, § 7; Laws, 1997, ch. 318, § 9, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-15 - Security interests in inventory unaffected; repurchases not subject to bulk sales law; inspection of parts packed for shipment

The provisions of this chapter shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the provisions of the bulk sales law. The retailer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items.
Laws, 1977, ch. 419, § 8; Laws, 1997, ch. 318, § 10, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-16 - Cause of action for civil relief against supplier

(1)
A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of Sections
75-77-1
through
75-77-15
, Mississippi Code of 1972, and may recover damages sustained as a consequence of the supplier's violations together with all costs and attorney fees.
(2)
The retailer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. The remedies in this section are in addition to any other remedies permitted by law.
Laws, ch. 318, § 11, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-17 - Contracts affected

The provisions of this chapter shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after March 30, 1977. The provisions of this chapter shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. Any contractual term restricting the procedural or substantive rights of a retailer under this chapter, including a choice of law or choice of forum clause, is void.
Laws, 1977, ch. 419, § 9; Laws, 1983, ch. 397; Laws, 1997, ch. 318, § 12, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 77 - REPURCHASE OF INVENTORIES FROM RETAILERS UPON TERMINATION OF CONTRACT (§§ 75-77-1 — 75-77-19) › Section 75-77-19 - Chapter provisions are not waivable; severability

(1)
Except as otherwise provided in Section
75-77-6
, the provisions of this chapter shall not be waivable in any contract, and any such attempted waiver shall be null and void.
(2)
If any provision or item of this chapter or the application thereof is held invalid, it shall not affect other provisions, items or applications of this chapter which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this chapter are hereby declared severable.
Laws, 1977, ch. 419, § 10; Laws, 1997, ch. 318, § 12; Laws, 2001, ch. 495, § 38, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Uniform Pulpwood Scaling and Practices Act."
Laws, 1982, ch. 317, § 1, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-3 - Purpose

The purpose of this chapter is to insure that acceptable standards are applied uniformly in the scaling of pulpwood throughout the State of Mississippi.
Laws, 1982, ch. 317, § 2, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-5 - Definitions

The following words and phrases, as used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context or subject matter otherwise requires:
(a)
"Person" means any individual, firm, copartnership, association, corporation, receiver, trustee, legal representative, organization or any other group or combination acting as a unit.
(b)
"Commissioner" means the Mississippi Commissioner of Agriculture and Commerce.
(c)
"Pulpwood" means any timber product delivered to a receiving facility in short-length form, eight (8) feet or less, and intended for use as a raw material in the manufacture of pulp and pulp products.
(d)
"Pulpwood cutter-hauler" or "cutter-hauler" means any person engaging in or continuing to engage in this state in the business of severing and carrying pulpwood.
(e)
"Pulpwood receiving facility" or "facility" means any woodyard, pulpmill or other place of business at which pulpwood is received from pulpwood cutter-haulers as herein defined in the regular course of business.
(f)
"Facility operator" means any person who owns, operates or manages a pulpwood receiving facility as herein defined. Provided, however, that any landowner who shall pay employees an hourly wage to both cut and collect pulpwood on his private property shall not be deemed a facility operator under the provisions of this chapter.
Laws, 1982, ch. 317, § 3, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-9 - License required for pulpwood receiving facility

No person shall engage in the business of operating a pulpwood receiving facility as defined in this chapter without having first obtained a license pursuant to this chapter.
Laws, 1982, ch. 317, § 5(1), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-11 - Application for license

Applications for licenses under this chapter shall be made in writing, under oath, on forms prescribed by the commissioner for each separate pulpwood receiving facility. The application shall contain the name of the applicant, the address of the pulpwood receiving facility for which the license is to be issued, the name or names of the owners thereof and such further information as the commissioner, by regulation, requires. Provided, however, no financial statement shall be required.
Laws, 1982, ch. 317, § 5(2), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-13 - License fee

The license fee for each calendar year or part thereof shall be Thirty Dollars ($30.00) for each pulpwood receiving facility operated within the state. A renewal of the license may be accomplished by submitting the payment of the annual fee and a certification, on a form provided by the commissioner, that none of the information on the original license application has changed.
Laws, 1982, ch. 317, § 5(3); Laws, 1994, ch. 575, § 2; reenacted, Laws, 1995, ch. 465, § 2; reenacted, Laws, 1997, ch. 322, § 2; reenacted without change, Laws, 2000, ch. 509, § 2; reenacted without change, Laws, 2004, ch. 423, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-15 - Issuance of license; contents; display

Upon the filing of an application and the payment of the required fee, the commissioner shall issue a license to the applicant to operate a pulpwood receiving facility under and in accordance with the provisions of this chapter for a period which shall expire the last day of December next following the date of its issuance.
Each license shall specify the location of the facility for which it is issued and must be conspicuously displayed there.
Laws, 1982, ch. 317, § 5(4), (5), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-17 - Loss or destruction of license; replacement; fee

Upon the loss or destruction of a license issued to a pulpwood receiving facility operator, a duplicate thereof or a new license may be issued under the same number for a fee of two dollars ($2.00).
Laws, 1982, ch. 317, § 5(6), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-19 - Penalty for operating without license

Any person who operates a pulpwood receiving facility as defined in Section
75-79-5
without a proper license shall upon a first conviction thereof be guilty of a misdemeanor and shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00), and upon a second or subsequent conviction thereof, he shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00).
Laws, 1982, ch. 317, § 6, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-22 - [Repealed]

Repealed by Laws, 2004, ch. 423, § 4, eff. 7/1/2004.
Laws, 1997, ch. 322, § 5; Laws, 2000, ch. 509, § 4, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-23 - Licensee is responsible for acts of his employees

Each licensee shall be responsible for the acts of any or all of his employees while acting as his agent, if such licensee after actual knowledge of such acts retained the benefits, proceeds, profits or advantages accruing from such acts or otherwise ratified such acts.
Laws, 1982, ch. 317, § 7(2), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-25 - Chapter not to restrict free dealing

Nothing in this chapter shall require any person to buy from or sell to any other person in any situation or transaction in which the persons would otherwise be free, in their discretion, to deal or not to deal one with the other.
Laws, 1982, ch. 317, § 7(3), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-27 - Inspection of pulpwood receiving facilities and equipment

Every pulpwood receiving facility and all such devices as are used there for the weighing or measuring of pulpwood shall be inspected periodically by the commissioner to insure compliance with this chapter. The commissioner may make such additional investigations and examinations of any licensee or other person as he deems necessary to determine compliance with this chapter. Such investigations and examinations may be made on the basis of a complaint filed with the commissioner or on his own initiative. For such purposes the commissioner may examine all scales tickets involving the buying and selling of pulpwood.
Laws, 1982, ch. 317, § 9(1), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-29 - Subpoena powers; oaths and affirmations; enforcement; penalty

The commissioner shall have power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence before him in any matter over which it has jurisdiction, control or supervision pertaining to this chapter.
The commissioner or any agent designated by him, may administer oaths and affirmations, examine witnesses and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing.
If any person refuses to obey any such subpoena, or to give testimony, or to produce evidence as required thereby, any judge or the chancellor of the chancery court of the First Judicial District of Hinds County may, upon application and proof of such refusal, make an order awarding process of subpoena, or subpoena duces tecum, out of the court, for the witness to appear before the commissioner and to give testimony, and to produce evidence as required thereby. Upon filing such order in the office of the clerk of the court or the office of the clerk of such chancery court, the clerk shall issue process of subpoena, as directed, under the seal of the court, requiring the person to whom it is directed, to appear at the time and place therein designated.
If any person served with any such subpoena shall refuse to obey the same, and to give testimony, and to produce evidence as required thereby, the commissioner may apply to any judge or the chancellor of the chancery court of the First Judicial District of Hinds County for an attachment against such person, as for a contempt. The judge or chancellor, upon satisfactory proof of such refusal, shall issue an attachment, directed to any sheriff, constable or police officer, for the arrest of such person, and upon his being brought before such judge, proceed to a hearing of the case. The judge or chancellor shall have power to enforce obedience to such subpoena and the answering of any question, and the production of any evidence, that may be proper by imposition of a fine, not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail, or by both imposition of a fine and imprisonment, and to compel such witness to pay the costs of such proceeding.
Laws, 1982, ch. 317, § 9(2)-(5), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-31 - Investigation of alleged violation

If an investigation by the commissioner indicates probable cause for belief that a violation of law has occurred, the commissioner shall refer the complaint with any evidence gathered during the investigation to the agency or official charged with the administration of such law and to the district attorney having jurisdiction, with a recommendation that it be considered for presentation to the next grand jury, as well as any further recommendations for seeking civil remedies.
Laws, 1982, ch. 317, § 9(6), eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 79 - PULPWOOD SCALING AND PRACTICES (§§ 75-79-1 — 75-79-33) › Section 75-79-33 - [Repealed]

Repealed by 1994, ch. 455, § 1, eff. 7/1/1994.
Laws, 1982, ch. 317, § 10; Reenacted, Laws 1985, ch. 306, §§ 1, 2; Laws 1988, ch. 335, § 1.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-101 - Definitions

As used in this chapter, the term "contract for dance studio lessons and other services" means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups.
Laws, 1985, ch. 484, § 1, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-103 - Written contract; customer to receive copy

Every contract for dance studio lessons and other services shall be in writing and shall be subject to the provisions of this chapter. A copy of the written contract shall be given to the customer at the time the contract is signed.
Laws, 1985, ch. 484, § 2, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-105 - Limitation on cost and term of contract

(1)
No contract or series of contracts for dance studio lessons and other services shall require payment by the person receiving the lessons and other services or the use of the facilities exceeding Two Thousand Dollars ($2,000.00).
(2)
No contract for dance studio lessons and other services shall require payments or financing by the buyer over a period in excess of twelve (12) months from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer.
(3)
All contracts for dance studio lessons and other services which may be in effect between the same seller and the same buyer, the terms of which overlap for any period, shall be considered as one (1) contract for the purposes of this chapter.
Laws, 1985, ch. 484, § 3, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-107 - Time for commencing performance; consumer's right to rescind; disclosure of hourly rates; bonding

(1)
Every contract for dance studio lessons and other services shall provide that performance of the agreed upon lessons will begin within twelve (12) months from the date the contract is entered into.
(2)
Every contract for dance studio lessons and other services shall further provide that such contract may be rescinded within five (5) business days after receipt of the contract by the customer by written notice to the other party at the address specified in the contract, and all monies paid pursuant to such contract shall be refunded within ten (10) days of receipt of the notice of rescission, subject to payment by the customer for dance studio lessons or other services received prior to rescission.
(3)
Every contract for dance studio lessons and other services shall contain a written statement of the hourly rate charged for each type of lessons for which the student has contracted. If the contract includes dance studio lessons which are sold at different per-hour rates, the contract shall contain separate hourly rates for each different type of lessons sold. All other services for which the student has contracted which are not capable of a per-hour charge shall be set forth in writing in specific terms. Such statement shall be contained in the dance studio contract before the contract is signed by the buyer.
(4)
Every dance studio subject to the provisions of this chapter shall include in every contract for dance studio lessons or other services a statement that the studio is bonded and that information concerning the bond may be obtained by writing to the office of the State Treasurer. If the studio has elected to make a cash deposit in lieu of procuring a bond, the contract shall contain a description of the cash deposit.
Laws, 1985, ch. 484, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-109 - Assignment of contract; consumer's notes not to cut off consumer's defenses as to third party

No contract for dance studio lessons and other services shall require or entail the execution of any note or series of notes by the buyer which, when separately negotiated, will cut off as to third parties any right of action or defense which the buyer may have against the seller. The contract shall not be assigned except with the written consent of the customer.
Laws, 1985, ch. 484, § 5, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-111 - Registration with Division of Consumer Protection

Any person, corporation, partnership, association or group intending to open or operate a dance studio shall file a registration statement with the Attorney General's Division of Consumer Protection prior to the sale of any contracts for dance studio lessons. Such a registration statement shall contain the name and address of the dance studio; the names and addresses of the officers, directors and stockholders of the dance studio and its parent corporation, if such an entity exists; the types of available facilities; the approximate size of the facility measured in square feet; the types of contracts and lessons to be offered and their cost; and a full and complete disclosure of any completed or pending litigation initiated against the dance studio and any of its officers and directors within the last three (3) years.
Laws, 1985, ch. 484, § 6, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-113 - Refund on death or disability of consumer

(1)
Every contract for dance studio lessons and other services shall contain a clause providing that if, by reason of death or disability, the person agreeing to receive lessons and other services is unable to receive all lessons and other services for which he has contracted, he and his estate shall be relieved from the obligation of making payment for lessons and other services other than those received prior to death or the onset of disability, and that if he has prepaid any sum for lessons and other services so much of such sum as is allocable to lessons and other services he has not taken shall be promptly refunded to him or his representative.
(2)
Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this section, the buyer shall be entitled to receive a refund or refund credit of so much of the cash price as is allocable to the lessons or other services not actually received by the buyer. The refund of the finance charge shall be computed according to the "sum of the balances method," also known as the "Rule of 78."
Laws, 1985, ch. 484, § 7, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-115 - Relationship to other laws

The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.
Laws, 1985, ch. 484, § 8, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-117 - Certain contracts void as against public policy

(1)
Any contract for dance studio lessons and other services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.
(2)
Any contract for dance studio lessons and other services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice or advertisement of the seller shall be void and unenforceable.
(3)
Any waiver of the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Laws, 1985, ch. 484, § 9, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-119 - Private right of action; remedies; time within which dance studio may correct violations

(1)
Any person who suffers any ascertainable loss of money or property, either real or personal, as a result of fraud, dishonesty or the violation of the provisions of this chapter may bring an action in chancery court to recover actual and/or punitive damages. If the court finds that such a violation was committed, the court may award actual and/or punitive damages. In the event that damages are awarded under this section, the court shall award to the person bringing such action reasonable attorney's fees and costs. Upon a finding by the court that an action under this section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney's fees and costs.
(2)
Notwithstanding the provisions of this chapter, any failure to comply with any provisions of this chapter may be corrected within thirty (30) days after the execution of the contract by the buyer, and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this chapter, provided that any correction which increases any monthly payment, the number of payments, or the total amount due, must be concurred in, in writing, by the buyer. "Holder" includes the seller who acquires the contract, or, if the contract is purchased by a financing agency or other assignee, the financing agency or other assignee.
(3)
This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
Laws, 1985, ch. 484, § 10, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-121 - Bond or cash deposit as security; actions against dance studio and its surety

(1)
Every dance studio shall maintain a bond issued by a surety company authorized to do business in this state. The principal sum of the bond shall be Ten Thousand Dollars ($10,000.00).
(2)
A copy of such bond shall be filed with the office of the State Treasurer. If the person in whose name the bond is issued severs his relationship with the bonded dance studio, the new owner shall, as a condition of doing business, notify the office of the State Treasurer of the change of ownership and of proof of compliance with this chapter.
(3)
The bond required by this section shall be in favor of the State of Mississippi for the benefit of any person who, after entering into a contract for dance studio lessons and other services with the dance studio, is damaged by fraud or dishonesty or failure to provide the services of the studio in performance of the contract. Any person claiming against the bond may maintain an action at law against the dance studio and the surety.
(4)
The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond.
(5)
In lieu of furnishing the bond required by this section the dance studio may deposit with the office of the State Treasurer a cash deposit in a like amount. This cash deposit may be satisfied by any of the following:
(a)
Certificates of deposit payable to the office of the State Treasurer issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation.
(b)
Investment certificates or share accounts assigned to the office of the State Treasurer and issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation.
(c)
Bearer bonds issued by the United States government or by this state.
(d)
Cash deposited with the office of the State Treasurer.
Laws, 1985, ch. 484, § 11, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-123 - Criminal penalties

Any person who wilfully and knowingly violates the provisions of Section
75-81-103
,
75-81-105
,
75-81-107
,
75-81-111
, or
75-81-121
, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand Dollars ($2,000.00) or by imprisonment in the county jail for not more than one (1) year, or both.
Laws, 1985, ch. 484, § 12, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 81 - DANCE STUDIO LESSONS (§§ 75-81-101 — 75-81-125) › Section 75-81-125 - Exemptions

The provisions of this chapter shall not apply to dance studios that offer lessons solely to persons under the age of eighteen (18) years or to contracts for dance studio lessons that provide for services solely to persons under the age of eighteen (18) years.
Laws, 1985, ch. 484, § 13, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 83 - HEALTH SPAS (§§ 75-83-1 — 75-83-15) › Section 75-83-1 - Definitions

(a)
"Health spa" means an establishment that provides for profit as one of its primary purposes, services or facilities which purport to improve the user's physical condition or appearance through weight control, exercise, dieting or a combination of these. The term includes, but is not limited to, establishments referred to by such terms as reducing salon, spa, exercise club, exercise gym, health studio, health club, weight control center or other similar terms.
The term "health spa" shall not include the following:
(i)
Bona fide nonprofit organizations, including but not limited to the Young Men's Christian Association, Young Women's Christian Association or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;
(ii)
Any organization primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate;
(iii)
Any nonprofit public or private school, college or university; or
(iv)
Any organization, business, establishment or person which does not offer a contract with a duration in excess of four (4) months.
(b)
"Contract" means a written agreement by which one becomes a member of a health spa.
(c)
"Member" means a status obtained by any person entitling him to the services or facilities of a health spa.
(d)
"Seller" means the person, corporation, partnership, association or group engaged in the operation as defined in this section, and who offers for sale the right to use the facilities or the services of the health spa.
(e)
"Facilities" means equipment, physical structures and other tangible property utilized by a health spa to conduct its business. The term includes, but is not limited to, saunas, whirlpool baths, gymnasiums, running tracks, swimming pools, shower areas and exercise equipment.
(f)
"Services" means programs, plans, guidance or structures provided by health spas for health spa members. The term includes, but is not limited to, diet planning, exercise instruction, exercise programs and the structure of classes.
(g)
"Prepayment" means any payment for services or the use of facilities made before the services or facilities are made available by the health spa. It is not a prepayment if a payment for services or the use of facilities is made on the same day the services or use of the facility is provided. Money or other consideration received by a health spa from a financial institution upon assignment or sale of a contract should be considered a prepayment to the extent the member is required to make prepayments to the finance institution pursuant to the contract.
Laws, 1985, ch. 496, § 1, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 83 - HEALTH SPAS (§§ 75-83-1 — 75-83-15) › Section 75-83-3 - Registration of health spa; bond required

Any person, corporation, partnership, association or group intending to open or operate a health spa shall:
(a)
File a registration statement with the Attorney General's Division of Consumer Protection prior to the sale of any memberships. Such a registration statement shall contain the name and address of the health spa; the names and addresses of the officers, directors and stockholders of the health spa and its parent corporation, if such an entity exists; the types of available facilities; approximate size of the health spa measured in square feet; the type of membership plans to be offered and their cost; and a full and complete disclosure of any completed or pending litigation initiated against the health spa and any of its officers and directors within the last three (3) years.
(b)
Every health spa shall maintain a bond issued by a surety company authorized to do business in this state. The principal sum of the bond shall be Twenty-five Thousand Dollars ($25,000.00).
(c)
A copy of such bond shall be filed with the Office of the State Treasurer. If the person in whose name the bond is issued severs his relationship with the bonded health spa, the new owner shall, as a condition of doing business, notify the Office of the State Treasurer of the change of ownership and of proof of compliance with this chapter.
(d)
The bond required by this section shall be in favor of the State of Mississippi for the benefit of any person who, after entering into contract with a health spa, is damaged by fraud or dishonesty or failure to provide services of the health spa in performance of the contract. Any person claiming against the bondsman maintains an action at law against the health spa and surety.
(e)
The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond.
(f)
In lieu of furnishing the bond required by this section, the health spa may deposit with the Office of the State Treasurer a cash deposit in a like amount. This cash deposit may be satisfied by any of the following:
(i)
Certificates of deposit payable to the Office of the State Treasurer issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation.
(ii)
Investment certificates or share accounts assigned to the Office of the State Treasurer and issued by a savings and loan association doing business in the state.
(iii)
Bearer bonds issued by the United States Government or by this state.
(iv)
Cash deposit with the Office of the State Treasurer.
Laws, 1985, ch. 496, § 2, eff. 7/1/1985.