reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.915 - Civil action for all claims against principal may be joined — express or contract waivers of commission laws, invalid.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
407.915. Civil action for all claims against principal may be joined — express or contract waivers of commission laws, invalid. —
1. Nothing in sections 407.911 to 407.915 shall invalidate or restrict any other or additional right or remedy available to a sales representative from seeking to recover in one action on all claims against a principal.
2. A provision in any contract between a sales representative and a principal purporting to waive any provision of sections 407.911 to 407.915, whether by expressed waiver or by a contract subject to the laws of another state, shall be void.
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(L. 1989 S.B. 192 § 1 subsecs. 7, 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.924 - Division of liquor control to enforce underage tobacco sales — annual report submitted.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2001
407.924. Division of liquor control to enforce underage tobacco sales — annual report submitted. —
1. The division of liquor control within the department of public safety shall implement and enforce the provisions of sections 407.925 to 407.934.
2. Beginning January 1, 2003, the division of liquor control shall submit an annual report to the general assembly on the effectiveness of sections 407.925 to 407.934 in reducing tobacco possession by minors and the enforcement activities by the division for violations of sections 407.925 to 407.934.
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(L. 2001 H.B. 381)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.927 - Required sign stating violation of state law to sell tobacco, alternative nicotine products, or vapor products to minors under age 18 — display of sign required on displays and vending machines.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 10 Oct 2014, 2 histories, see footnote
*407.927. Required sign stating violation of state law to sell tobacco, alternative nicotine products, or vapor products to minors under age 18 — display of sign required on displays and vending machines. —
The owner of an establishment at which tobacco products, alternative nicotine products, vapor products, or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products, alternative nicotine products, or vapor products are sold and on every vending machine where tobacco products are purchased a sign that shall:
(1) Contain in red lettering at least one-half inch high on a white background the following: "It is a violation of state law for cigarettes, other tobacco products, alternative nicotine products, or vapor products to be sold or otherwise provided to any person under the age of eighteen or for such person to purchase, attempt to purchase or possess cigarettes, other tobacco products, alternative nicotine products or vapor products."; and
(2) Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 18".
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(L. 1992 S.B. 509, et al. § 9, A.L. 2001 H.B. 381, A.L. 2014 S.B. 841)
*Effective 10-10-14, see § 21.250. S.B. 841 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.928 - Restrictions on sales of individual packs of cigarettes.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2001
407.928. Restrictions on sales of individual packs of cigarettes. —
No person or entity shall sell individual packs of cigarettes or smokeless tobacco products unless such packs satisfy one of the following conditions prior to the time of sale:
(1) It is sold through a vending machine; or
(2) It is displayed behind the check-out counter or it is within the unobstructed line of sight of the sales clerk or store attendant from the checkout counter.
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(L. 2001 H.B. 381)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.929 - Proof of age required, when — defense to action for violation is reasonable reliance on proof — liability.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 10 Oct 2014, 2 histories, see footnote
*407.929. Proof of age required, when — defense to action for violation is reasonable reliance on proof — liability. —
1. A person or entity selling tobacco products, alternative nicotine products, or vapor products or rolling papers or distributing tobacco product, alternative nicotine product, or vapor product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen.
2. The operator's or chauffeur's license issued pursuant to the provisions of section 302.177, or the operator's or chauffeur's license issued pursuant to the laws of any state or possession of the United States to residents of those states or possessions, or an identification card as provided for in section 302.181, or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any agent of the division of liquor control or any owner or employee of an establishment that sells tobacco, alternative nicotine products, or vapor products, for the purpose of aiding the registrant, agent or employee to determine whether or not the person is at least eighteen years of age when such person desires to purchase or possess tobacco products, alternative nicotine products, or vapor products procured from a registrant. Upon such presentation, the owner or employee of the establishment shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
3. Any person who shall, without authorization from the department of revenue, reproduce, alter, modify or misrepresent any chauffeur's license, motor vehicle operator's license or identification card shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars, and confinement for not more than one year, or by both such fine and imprisonment.
4. Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of subsections 1, 2 and 3 of section 407.931. No person shall be liable for more than one violation of subsections 2 and 3 of section 407.931 on any single day.
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(L. 1992 S.B. 509, et al. §§ 11, 13, A.L. 2001 H.B. 381, A.L. 2014 S.B. 841)
*Effective 10-10-14, see § 21.250. S.B. 841 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.932 - Political subdivisions may make more stringent rules.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1992
407.932. Political subdivisions may make more stringent rules. —
Nothing in sections 407.925 to 407.932 shall prohibit local political subdivisions from enacting more stringent ordinances or rules.
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(L. 1992 S.B. 509, et al. § 14)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.933 - Minors employed by division of liquor control may purchase tobacco products, alternative nicotine products, or vapor products for enforcement purposes — misrepresentation of age, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 10 Oct 2014, 2 histories, see footnote
*407.933. Minors employed by division of liquor control may purchase tobacco products, alternative nicotine products, or vapor products for enforcement purposes — misrepresentation of age, penalty. —
1. No person less than eighteen years of age shall purchase, attempt to purchase or possess cigarettes, other tobacco products, alternative nicotine products, or vapor products unless such person is an employee of a seller of cigarettes, tobacco products, alternative nicotine products, or vapor products and is in such possession to effect a sale in the course of employment, or an employee of the division of liquor control for enforcement purposes pursuant to subsection 5 of section 407.934.
2. Any person less than eighteen years of age shall not misrepresent his or her age to purchase cigarettes, tobacco products, alternative nicotine products, or vapor products.
3. Any person who violates the provisions of this section shall be penalized as follows:
(1) For the first violation, the person is guilty of an infraction and shall have any cigarettes, tobacco products, alternative nicotine products, or vapor products confiscated;
(2) For a second violation and any subsequent violations, the person is guilty of an infraction, shall have any cigarettes, tobacco products, alternative nicotine products, or vapor products confiscated and shall complete a tobacco education or smoking cessation program, if available.
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(L. 2001 H.B. 381, A.L. 2014 S.B. 841)
*Effective 10-10-14, see § 21.250. S.B. 841 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.937 - Right to cancel contract — notice of cancellation, effective when — form of cancellation.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1992
407.937. Right to cancel contract — notice of cancellation, effective when — form of cancellation. —
1. In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 407.938.
2. The term
"third business day"
shall exclude all intervening Saturdays, Sundays and national and state holidays.
3. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
4. Notice of cancellation given by the owner need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract.
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(L. 1992 S.B. 705 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.938 - Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1992
407.938. Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents. —
1. Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant's services and the total amount and terms of compensation.
2. The following notice, printed in at least fourteen-point boldface type and completed with the name of the foreclosure consultant, shall be printed immediately above the statement required by subsection 3 of this section:
NOTICE REQUIRED BY MISSOURI LAW
______ (Enter name of foreclosure consultant) or anyone working for him or her cannot:
(1) Take any money from you or ask you for money until ______ (Enter name of foreclosure consultant) has completely finished doing everything he or she said he or she would do; and
(2) Ask you to sign or have you sign any lien, mortgage, deed of trust, or deed.
3. The contract shall be written in the same language as principally used by the foreclosure consultant to describe his services or to negotiate the contract, shall be dated and signed by the owner, and shall contain in immediate proximity to the space reserved for the owner's signature a conspicuous statement in a size equal to at least ten-point bold type, as follows:
You, the owner, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
4. The contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, each of the following:
(1) The name and address of the foreclosure consultant to which the notice or cancellation is to be mailed;
(2) The date the owner signed the contract.
5. The contract shall be accompanied by a completed form in duplicate, captioned "notice of cancellation", which shall be attached to the contract, shall be easily detachable, and shall contain in type of at least ten-point the following statement written in the same language as used in the contract:
NOTICE OF CANCELLATION
______ (Enter date of transaction.) ______ (Date)
You may cancel this transaction, without any penalty or obligation, within three business days from the above date. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to ______ (Enter name of foreclosure consultant) at ______ (Enter address of foreclosure consultant's place of business) NOT LATER THAN MIDNIGHT OF ______ (Enter date) I hereby cancel this transaction on ______ (Date) ______ (Owner's signature)
6. The foreclosure consultant shall provide the owner with a copy of the contract and the attached notice of cancellation.
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(L. 1992 S.B. 705 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.940 - Foreclosure consultants, unlawful acts — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1992
407.940. Foreclosure consultants, unlawful acts — penalty. —
1. It shall be unlawful for a foreclosure consultant to knowingly:
(1) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented he would perform;
(2) Claim, demand, charge, collect, or receive any fee, interest, or any other compensation for any reason which exceeds ten percent per annum of the amount of any loan which the foreclosure consultant may make to the owner;
(3) Take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. Any such security shall be void and unenforceable;
(4) Receive any consideration from any third party in connection with services rendered to an owner unless such consideration is fully disclosed to the owner;
(5) Acquire any interest in a residence in foreclosure from an owner with whom the foreclosure consultant has contracted. Any interest acquired in violation of this subdivision shall be voidable, provided that nothing herein shall affect or defeat the title of a bona fide purchaser or encumberer for value and without notice of a violation of this section. Knowledge that the property was a "residence in foreclosure" shall not constitute notice of a violation of this section. This subdivision shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of a residence in foreclosure;
(6) Take any power of attorney from an owner for any purpose, except to inspect documents as provided by law;
(7) Induce or attempt to induce any owner to enter a contract which does not comply in all respects with sections 407.935 and 407.937.
2. Any violation of any of the acts enumerated in subsection 1 of this section shall be a class A misdemeanor.
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(L. 1992 S.B. 705 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.941 - Waiver, void — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1992
407.941. Waiver, void — penalty. —
Any waiver by an owner of the provisions of sections 407.935 to 407.943 shall be deemed void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive his rights shall be deemed a violation of subdivision (7) of subsection 1 of section 407.940.
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(L. 1992 S.B. 705 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.943 - Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1992
407.943. Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive. —
1. An owner may bring an action against a foreclosure consultant for any violation of sections 407.935 to 407.943. Judgment shall be entered for actual damages, reasonable attorneys' fees and costs, and appropriate equitable relief. The court also may, in its discretion, award exemplary damages equivalent to at least twice the compensation received by the foreclosure consultant in violation of section 407.940, in addition to any other award of actual damages.
2. The rights and remedies provided in subsection 1 of this section are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought pursuant to this section shall be commenced within three years from the date of the alleged violation.
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(L. 1992 S.B. 705 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.953 - Warranty express or implied, one year required.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.953. Warranty express or implied, one year required. —
A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one year after first delivery of the assistive device to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that, for a period of one year from the date of first delivery to the consumer, the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.
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(L. 1995 H.B. 333 § 1 subsec. 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.955 - Nonconformity of assistive device to be repaired at no cost.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.955. Nonconformity of assistive device to be repaired at no cost. —
If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before one year after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.
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(L. 1995 H.B. 333 § 1 subsec. 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.957 - Nonconformity not repaired within reasonable time, options of consumer.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.957. Nonconformity not repaired within reasonable time, options of consumer. —
1. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement set forth under subsection 2 of this section.
2. If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of a consumer described under paragraph (a), (b), or (c) of subdivision (5) of section 407.950, the manufacturer shall do one of the following:
(1) Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs;
(2) Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer;
(3) With respect to a consumer described under paragraph (d) of subdivision (5) of section 407.950, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.
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(L. 1995 H.B. 333 § 1 subsecs. 4, 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.959 - Lease, early termination — reasonable allowance for use, how computed.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.959. Lease, early termination — reasonable allowance for use, how computed. —
1. The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings.
2. A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor or assistive device dealer.
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(L. 1995 H.B. 333 § 1 subsecs. 6, 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.961 - Consumer to receive comparable device or refund, procedure — lease unenforceable against consumer after refund.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.961. Consumer to receive comparable device or refund, procedure — lease unenforceable against consumer after refund. —
1. To receive a comparable new assistive device or a refund due under subsection 2 of section 407.957, a consumer described under subdivision (5) of section 407.950 shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than thirty days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.
2. To receive a refund due under subdivision (3) of subsection 2 of section 407.957, a consumer described under paragraph (d) of subdivision (5) of section 407.950 shall offer to return the assistive device having the nonconformity to its manufacturer. No later than thirty days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity.
3. To receive a refund due under subdivision (3) of subsection 2 of section 407.957, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. No later than thirty days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
4. No person shall enforce the lease against the consumer after the consumer receives a refund due under subdivision (3) of subsection 2 of section 407.957.
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(L. 1995 H.B. 333 § 1 subsecs. 8 to 11)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.963 - Resale or lease of returned device, full disclosure required.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.963. Resale or lease of returned device, full disclosure required. —
No assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
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(L. 1995 H.B. 333 § 1 subsec. 12)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.965 - Arbitration of disputes may be submitted, filing fee, procedure — waivers of consumer's rights are void.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.965. Arbitration of disputes may be submitted, filing fee, procedure — waivers of consumer's rights are void. —
1. Each consumer shall have the option of submitting any dispute arising under sections 407.950 to 407.970 upon the payment of a prescribed filing fee to an alternate arbitration mechanism established pursuant to regulations promulgated by the attorney general. Upon application of the consumer and payment of the filing fee, all manufacturers shall submit to such alternate arbitration.
2. Such alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed by and under regulations established by the attorney general. Such mechanism shall ensure the personal objectivity of its arbitrators and the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation.
3. Sections 407.950 to 407.970 shall not be construed to limit rights or remedies available to a consumer under any other law.
4. Any waiver by a consumer of rights under sections 407.950 to 407.970 is void.
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(L. 1995 H.B. 333 § 1 subsecs. 13 to 16)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.967 - Action for damages, attorney's fees and costs may be brought by consumer.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1995
407.967. Action for damages, attorney's fees and costs may be brought by consumer. —
In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of sections 407.950 to 407.970. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
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(L. 1995 H.B. 333 § 1 subsec. 17)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.980 - Convenience business defined — businesses not included in definition — preemption by state of all security regulations.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
407.980. Convenience business defined — businesses not included in definition — preemption by state of all security regulations. —
1. As used in sections 407.980 to 407.987, the term
"convenience business"
means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term "convenience business" does not include:
(1) A business that is solely or primarily a restaurant;
(2) A business that has at least ten thousand square feet of retail floor space; or
(3) A business which is owned by a person who owns a business at no other location.
2. A political subdivision of this state may not adopt, for convenience businesses, security standards which differ from those contained in sections 407.980 to 407.987 and all such differing standards are hereby preempted and superseded by state statute.
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(L. 1995 S.B. 446 § 4, A.L. 1997 H.B. 141)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.985 - Equipment required for security of convenience business — limitation on cash after 11:00 p.m. until 5:00 a.m. — prohibited window signs and treatment — operator defined.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
407.985. Equipment required for security of convenience business — limitation on cash after 11:00 p.m. until 5:00 a.m. — prohibited window signs and treatment — operator defined. —
1. Prior to January 1, 1997, for the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that such operator's convenience business is equipped with the following:
(1) A bullet-resistant glass enclosure or security camera system capable of recording and retrieving an image to assist law enforcement officials in the identification and apprehension of a criminal offender and by January 1, 1998, such system shall have at least one camera focused on the cash register area;
(2) A drop safe or cash-management device for restricted access to cash receipts;
(3) Lighting for parking areas and entrances at an intensity to provide clear visibility under normal conditions, which can be satisfied by canopy lighting within ten feet of the building;
(4) A conspicuous notice at the entrance which states that the cash register contains limited funds;
(5) Height markers at the entrance of the convenience business which display height measures; and
(6) A cash management policy to limit the cash on hand at all times after 11:00 p.m. and before 5:00 a.m.
2. Prior to January 1, 1998, for the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that such operator's convenience business is equipped with the following:
(1) A silent alarm system which shall be connected to a security company or a local law enforcement agency; or
(2) A telephone, other than a pay telephone, accessible to employees at all times.
3. After January 1, 1997, for the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that:
(1) No window signs shall be located so as to obstruct the view from outside the building to the cash register and sales transaction area; and
(2) No window tinting that significantly reduces exterior or interior view in a normal line of sight.
4. For the purposes of sections 407.980 to 407.990,
"operator"
means any individual proprietor or business entity responsible for the day-to-day operation of the convenience business.
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(L. 1995 S.B. 446 § 5, A.L. 1997 H.B. 141)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.987 - Training to be provided for employees in robbery deterrence and safety — time limitation to provide.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
407.987. Training to be provided for employees in robbery deterrence and safety — time limitation to provide. —
The operator of a convenience business shall provide each employee with training in proper robbery deterrence and safety within sixty days of an employee's date of employment or if a person is an employee on January 1, 1997, then by July 1, 1997.
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(L. 1995 S.B. 446 § 6, A.L. 1997 H.B. 141)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.990 - Penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
407.990. Penalty. —
Any person who violates any provision of sections 407.980 to 407.990 is guilty of a class C misdemeanor.
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(L. 1997 H.B. 141)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1025 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2021, 3 histories
407.1025. Definitions. —
As used in sections 407.1025 to 407.1049, unless the context otherwise requires, the following terms mean:
(1)
"Administrative hearing commission"
, the body established in chapter 621 to conduct administrative hearings;
(2)
"All-terrain vehicle"
, any motorized vehicle manufactured and used exclusively for off-highway use, with an unladen dry weight of one thousand five hundred pounds or less, traveling on three, four or more nonhighway tires, with either:
(a) A seat designed to be straddled by the operator, and handlebars for steering control, but excluding an electric bicycle as defined in section 301.010; or
(b) A width of fifty inches or less, measured from outside of tire rim to outside of tire rim, regardless of seating or steering arrangement;
(3)
"Coerce"
, to force a person to act in a given manner or to compel by pressure or threat but shall not be construed to include the following:
(a) Good faith recommendations, exposition, argument, persuasion or attempts at persuasion;
(b) Notice given in good faith to any franchisee of such franchisee's violation of terms or provisions of such franchise or contractual agreement;
(c) Any other conduct set forth in section 407.1043 as a defense to an action brought pursuant to sections 407.1025 to 407.1049; or
(d) Any other conduct set forth in sections 407.1025 to 407.1049 that is permitted of the franchisor or is expressly excluded from coercion or a violation of sections 407.1025 to 407.1049;
(4)
"Franchise"
, a written arrangement or contract for a definite or indefinite period, in which a person grants to another person a license to use, or the right to grant to others a license to use, a trade name, trademark, service mark, or related characteristics, in which there is a community of interest in the marketing of goods or services, or both, at wholesale or retail, by agreement, lease or otherwise, and in which the operation of the franchisee's business with respect to such franchise is substantially reliant on the franchisor for the continued supply of franchised new motorcycles or all-terrain vehicles, parts and accessories for sale at wholesale or retail;
(5)
"Franchisee"
, a person to whom a franchise is granted;
(6)
"Franchisor"
, a person who grants a franchise to another person;
(7)
"Motorcycle"
, a motor vehicle operated on two wheels, but excluding an electric bicycle as defined in section 301.010;
(8)
"New"
, when referring to motorcycles or all-terrain vehicles or parts, means those motorcycles or all-terrain vehicles or parts which have not been held except as inventory, as that term is defined in subdivision (4) of section 400.9-109;
(9)
"Person"
, a sole proprietor, partnership, corporation, or any other form of business organization.
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(L. 1998 H.B. 1055 § 1, A.L. 2020 H.B. 1963, A.L. 2021 S.B. 176)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1028 - Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1998
407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses. —
Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, purchasing, selling, or contracting to purchase or to sell new motorcycles or all-terrain vehicles, or who, being a motorcycle or all-terrain vehicle franchisor, is transacting or transacts any business with a motorcycle or all-terrain vehicle franchisee who maintains a place of business within the state and with whom the person has a franchise, shall be subject to the jurisdiction of the courts of the state of Missouri, upon service of process in accordance with the provisions of section 506.510, irrespective of whether such person is a manufacturer, importer, distributor or dealer in new motorcycles or all-terrain vehicles.
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(L. 1998 H.B. 1055 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1037 - Location of dealerships in City of St. Louis.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1998
407.1037. Location of dealerships in City of St. Louis. —
When a franchised dealer or manufacturer proposes to establish or relocate a motorcycle or all-terrain vehicle dealership within any city not within a county, the dealer or manufacturer shall make reasonable efforts to establish or relocate such dealership in an area within such city that improves the equitable distribution of dealerships within such city and is conveniently located to serve minorities who reside in such city.
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(L. 1998 H.B. 1055 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1040 - License approval in metropolitan areas, minorities.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1998
407.1040. License approval in metropolitan areas, minorities. —
The Missouri department of revenue, in approving licenses for dealer franchises in any metropolitan statistical area with a population of more than one million inhabitants as defined by the federal Office of Management and Budget or its successor agency shall ensure that the community of dealer franchises shall reflect an adequate percentage of minority-owned businesses.
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(L. 1998 H.B. 1055 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1043 - Defenses.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1998
407.1043. Defenses. —
It shall be a defense for a motorcycle or all-terrain vehicle franchisor, to any action brought pursuant to sections 407.1025 to 407.1049 by a motorcycle or all-terrain vehicle franchisee, if it is shown that such motorcycle or all-terrain vehicle franchisee has failed to substantially comply with reasonable and lawful requirements imposed by the franchise and other agreements ancillary or collateral thereto, or if the motorcycle or all-terrain vehicle franchisee, or any of its officers, have been convicted of a felony relevant to business honesty or business practices, or if the motorcycle or all-terrain vehicle franchisee has ceased conducting its business or has abandoned the franchise, or is insolvent as that term is defined in subdivision (23) of section 400.1-201, or has filed a voluntary petition in bankruptcy, or has made an assignment for benefit of creditors, or has been the subject of an involuntary proceeding under the Federal Bankruptcy Act or under any state insolvency law which is not vacated within twenty days from the institution thereof, or there has been an appointment of a receiver or other officer having similar powers for the motorcycle or all-terrain vehicle franchisee or the motorcycle or all-terrain vehicle franchisee's business who is not removed within twenty days from the person's appointment, or there has been a levy under attachment, execution or similar process which is not within ten days vacated or removed by payment or bonding, and it shall be a defense to any action brought pursuant to sections 407.1025 to 407.1049 that the complained of conduct by a motorcycle or all-terrain vehicle franchisor was undertaken in good faith in pursuit of rights or remedies accorded to a motorcycle or all-terrain vehicle franchisor as a seller of goods or a holder of a security interest pursuant to the provisions of chapter 400.
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(L. 1998 H.B. 1055 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1046 - False advertising prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1998
407.1046. False advertising prohibited. —
No franchisee or franchisor shall use any false, deceptive or misleading advertising.
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(L. 1998 H.B. 1055 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1049 - Civil action, remedies.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1998
407.1049. Civil action, remedies. —
In addition to the administrative relief provided in sections 407.1025 to 407.1049, any motorcycle or all-terrain vehicle franchisee may bring an action in any court of competent jurisdiction against a motorcycle or all-terrain vehicle franchisor with whom the franchisee has a franchise, for an act or omission which constitutes an unlawful practice as defined in section 407.1034 to recover damages sustained by reason thereof, and, where appropriate, such motorcycle or all-terrain vehicle franchisee shall be entitled to injunctive relief, but the remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
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(L. 1998 H.B. 1055 § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1062 - Structured settlement payment transfers, requirements.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1999
407.1062. Structured settlement payment transfers, requirements. —
No transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of any transfer of structured settlement payment rights unless the transfer has been approved in advance in an order of a court of competent jurisdiction, based on the court's express findings that:
(1) The transfer complies with the requirements of sections 407.1060 to 407.1068 and does not contravene other applicable law;
(2) Not less than ten days prior to the date on which the payee entered into the transfer agreement, the transferee has provided to the payee a disclosure statement in bold type, no smaller than fourteen point, setting forth:
(a) The amounts and due dates of the structured settlement payments to be transferred;
(b) The aggregate amount of the payments;
(c) The discounted present value of the payments, together with the discount rate or rates used in determining the discounted present value;
(d) The gross amount payable to the payee in exchange for the payments; and
(e) An itemized listing of all brokers' commissions, service charges, application or processing fees, closing costs, filing or administrative charges, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;
(3) The transfer is in the best interest of the payee and the payee's dependents;
(4) The transferee has given written notice of the transferee's name, address and taxpayer identification number to all interested parties and has filed a copy of the notice with the court;
(5) The payee has consented in writing to the transfer;
(6) The payee has been represented by disinterested counsel in connection with the transfer or the payee understands the nature of the transaction and the economic consequences of the transaction; and
(7) The payment to be made to the payee by the transferee is equal to the fair market value of the structured settlement rights being transferred.
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(L. 1999 S.B. 1, et al. § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1064 - Approval by court, notice.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1999
407.1064. Approval by court, notice. —
1. An application pursuant to sections 407.1060 to 407.1068 for approval of a transfer of structured settlement payment rights may be brought in the circuit court in the county in which the payee is domiciled, or in any court which approved the structured settlement agreement.
2. Not less than twenty days prior to the scheduled hearing on any application for court approval of a transfer of structured settlement payment rights pursuant to section 407.1062, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for its approval, including in the notice:
(1) A copy of the transferee's application to the court;
(2) A copy of the disclosure statement required pursuant to subdivision (2) of section 407.1062; and
(3) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application may be filed by interested parties, which shall be not less than ten days after service of the transferee's notice, in order to be considered by the court.
3. The provisions of sections 407.1060 to 407.1068 may not be waived.
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(L. 1999 S.B. 1, et al. § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1066 - Right to rescind — limitation of liability — limitation of jurisdiction.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1999
407.1066. Right to rescind — limitation of liability — limitation of jurisdiction. —
1. A payee who enters into a transfer agreement shall have an absolute, irrevocable right to rescind and cancel such transfer agreement, with no penalty or other obligation, by giving written notice of rescission to the transferee at any time during the five days following the signing of the transfer agreement.
2. Any provision in a transfer agreement to pay liquidated damages, penalties, fees, actual or punitive damages, attorneys' fees or costs of any kind or nature to any person, firm, corporation or other entity which will be a party or third-party beneficiary to the transfer or transfer agreement shall be unenforceable.
3. Nothing contained in sections 407.1060 to 407.1068 shall be construed to authorize any transfer of structured settlement payment rights or other rights arising under a tort claim or a workers' compensation claim in contravention of applicable law or to give effect to any transfer of such rights that is invalid under applicable law.
4. Any provision in a transfer agreement that consents to jurisdiction in the courts of another state, requires appointment of an agent for service of process, confesses judgment, or selects a forum for resolution of disputes arising out of a transfer agreement shall be unenforceable.
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(L. 1999 S.B. 1, et al. § 6)