reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-24 - Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.

37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.
Any owner of a mark registered under §37-6-13 may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof. The circuit court may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed. The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any penal law of this state.
Source:
SDC 1939, §51.0907; SL 1955, ch 232, §12; SDC Supp 1960, §51.0912; SL 1980, ch 264, §17.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.

37-6-25. Civil action against person using counterfeit or imitation of registered mark.
Subject to the provisions of §37-6-27, any person who shall use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under §37-6-13 in connection with the sale, offering for sale, or advertising of any goods on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods, shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §37-6-24.
Source:
SL 1955, ch 232, §11; SDC Supp 1960, §51.0911 (1); SL 1980, ch 264, §18.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-26 - Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.

37-6-26. Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.
Subject to the provisions of §37-6-27, any person who shall reproduce, counterfeit, copy, or colorably imitate any mark registered under §37-6-13 and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §37-6-24, except that the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.
Source:
SL 1955, ch 232, §11; SDC Supp 1960, §51.0911 (2); SL 1980, ch 264, §19.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-28 - Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.

37-6-28. Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.
Each register of deeds shall, on the application of any person domiciled within his county or any corporation organized under the laws of this state engaged in the manufacturing, bottling, or selling of soda water, mineral water, aerated waters, unfermented cider, milk, cream, or other nonintoxicating beverages in casks, kegs, barrels, jugs, bottles, boxes, or other containers, record in a book suitable for the purpose a description of the names, brands, or trade-marks used by such person or corporation for marking any container in which any such beverages are sold or kept for sale, which book shall be and remain a public record in his office. It shall thereupon be a petty offense for any person, without the written consent of the owner, to fill any such container for the purpose of sale, or to sell, dispose of, buy, or traffic in, or destroy the same, whether filled or not.
Source:
SDC 1939, §§51.1001, 51.9905; SL 1977, ch 190, §246.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-29 - Use or possession of marked and registered container prima facie unlawful--Search warrant.

37-6-29. Use or possession of marked and registered container prima facie unlawful--Search warrant.
The use by any person other than the rightful owner, without such owner's consent, of any container, or the possession thereof by any junk dealer or dealer in any such container, the same being marked or stamped and registered as required in §37-6-28, shall be prima facie evidence that such use, sale, or possession is unlawful, and a search warrant may be procured for the discovery and seizure thereof.
Source:
SDC 1939, §51.1001.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-30 - Obliteration of registered container mark as misdemeanor.

37-6-30. Obliteration of registered container mark as misdemeanor.
Any person who intentionally obliterates, injures or destroys the names, marks, or brands affixed to any cask, keg, barrel, jug, bottle, box, or other container used or intended to be used for the purpose specified in §37-6-28, and not his property, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §51.9906; SL 1977, ch 190, §247; SL 1978, ch 158, §66.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-31 - Nonresidents entitled to protection of containers.

37-6-31. Nonresidents entitled to protection of containers.
Any person residing out of the state, or any corporation organized under the laws of any other state or territory, engaged in the business mentioned in §37-6-28, shall be entitled to the privilege and protection of §§37-6-28 to 37-6-30, inclusive, if he or it shall cause the record to be made, as provided in §37-6-28, in the office of the register of deeds of the county or counties where he, or it, or his, or its duly authorized agents have their place of business within this state.
Source:
SDC 1939, §51.1001.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 06 - Trademark And Service Mark Protection › Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers.

37-6-32. Civil penalty for unauthorized refilling or trafficking in registered containers.
Whenever any person engaged in manufacturing, bottling, or selling in bottle, soda, mineral water, cider, or other nonalcoholic beverage, has filed and published in the manner authorized by law, a description of a name, mark, or label usually stamped by him on the bottles containing such beverage, every other person who without the written consent of such manufacturer or dealer refills with any beverage, whether genuine or otherwise, with the intent to sell the same, any bottles stamped with such name, mark, or label, and every person who sells, disposes of, purchases, or traffics in such bottles; or who keeps any such bottles with intent so to refill or use or sell them, without written consent of the manufacturer so to do, is liable to a penalty of fifty cents for each and every bottle so kept, filled, sold, bought, disposed of, or trafficked in, for the first offense, and five dollars on each bottle for every subsequent offense.
Source:
SDC 1939, §13.1823.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 07 - Labeling Of Indian Products › Section 37-7-1 - Distribution of products as misdemeanor unless labeled as to place of manufacture.

37-7-1. Distribution of products as misdemeanor unless labeled as to place of manufacture.
It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft unless the article is clearly and legibly labeled or branded as to place of manufacture.
Source:
SL 1963, ch 60, §1; SL 1977, ch 190, §248.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 07 - Labeling Of Indian Products › Section 37-7-2 - Sale of mislabeled product as misdemeanor.

37-7-2. Sale of mislabeled product as misdemeanor.
It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft which is mislabeled or misbranded as to place of manufacture. Any such article shall be deemed mislabeled or misbranded if its label or brand is not clear and legible or if its label or brand bears any statement, design, or graphic representation relative to its place of manufacture which is false or misleading in any particular.
Source:
SL 1963, ch 60, §2; SL 1977, ch 190, §249.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 07 - Labeling Of Indian Products › Section 37-7-2.1 - Sale of purported articles--Disclosure required--Specifications--Violation.

37-7-2.1. Sale of purported articles--Disclosure required--Specifications--Violation.
It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article that purports to be an American Indian art or craft but was not manufactured by an American Indian, unless the person places, immediately above the article, a sign that states explicitly the article is not a genuine American Indian art or craft. The sign required under this section must not be less than twenty-four inches by sixteen inches in size, and the lettering on the sign must not be less than one-half inch in height.
Source: SL 1974, ch 251, §1; SL 1977, ch 190, §250; SL 2023, ch 142, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 07 - Labeling Of Indian Products › Section 37-7-4 - Definitions.

37-7-4. Definitions.
Terms used in this chapter mean:
(1)"Indian," any person who is enrolled or who is a lineal descendant of one enrolled upon the enrollment listing of a recognized Indian tribe domiciled within the United States;
(2)"Indian handcrafted," the production by hand of products solely by Indians within the United States.
Source:
SL 1994, ch 311.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-2 - Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.

37-10-2. Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.
It shall be unlawful and a violation of this chapter for any retailer, wholesaler or other person with intent to injure competitors or destroy or substantially lessen competition,
(1)To advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost as defined in this chapter, to such a retailer or wholesaler, as the case may be, or
(2)To offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business.
Source:
SL 1966, ch 157, §3 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-3 - Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.

37-10-3. Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.
It shall be unlawful and a violation of this chapter for any retailer, with intent to injure competitors or destroy or substantially lessen competition,
(1)To induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to wholesaler as defined in this chapter, or
(2)To induce or attempt to induce or to procure or attempt to procure any rebate or concession of any kind or nature whatsoever in connection with the purchase of cigarettes.
Source:
SL 1966, ch 157, §3 (2).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged.

37-10-4. Sales between wholesalers permitted at less than cost--Basic cost to be charged.
When one wholesaler sells cigarettes to another wholesaler, the former shall not be required to include in his selling price to the latter, "cost to the wholesaler," as provided by §§37-10-9 and 37-10-10, except that no such sale shall be made at a price less than the basic cost of cigarettes, as defined in §37-10-1, but the latter wholesaler, upon resale to a retailer or for consumption or use, shall be deemed to be the wholesaler governed by the provisions of §§37-10-5 to 37-10-10, inclusive.
Source:
SL 1966, ch 157, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-5 - Computation of cost to retailer--Expenses included.

37-10-5. Computation of cost to retailer--Expenses included.
Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising.
Source:
SL 1966, ch 157, §4 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-6 - Presumption as to cost of doing business by retailer.

37-10-6. Presumption as to cost of doing business by retailer.
In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be eight percent of the basic cost of cigarettes to the retailer.
Source:
SL 1966, ch 157, §4 (2); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer.

37-10-7. Wholesaler's costs added when retailer purchases from manufacturer.
Any retailer who purchases from the manufacturer at or at less than or at about the price normally and usually charged for purchases in wholesale quantities shall, in determining cost to the retailer, pursuant to §37-10-5, add the cost of doing business by the wholesaler, as defined in §§37-10-9 and 37-10-10, to the basic cost of cigarettes to such retailer, as well as the cost of doing business by the retailer.
Source:
SL 1966, ch 157, §4 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer.

37-10-8. Presumption as to cost of doing business by retailer purchasing from manufacturer.
In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business, the cost of doing business by the retailer, who, in connection with the retailer's purchase, received not only the discounts ordinarily allowed upon purchase by a retailer, but also, in whole or in part, the discounts ordinarily allowed upon purchases by a wholesaler, shall be presumed to be eight percent of the sum of the basic cost of cigarettes and the cost of doing business by the wholesaler.
Source:
SL 1966, ch 157, §4 (3); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-9 - Computation of cost to wholesaler--Expenses included.

37-10-9. Computation of cost to wholesaler--Expenses included.
Cost to the wholesaler shall mean the basic cost of cigarettes to the wholesaler plus the cost of doing business by the wholesaler, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising.
Source:
SL 1966, ch 157, §5 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs.

37-10-10. Presumption as to cost of doing business by wholesaler--Cartage costs.
In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business by the wholesaler making the sale, the cost of doing business by the wholesaler shall be presumed to be four percent of the basic cost of cigarettes to the wholesaler, plus cartage to the retail outlet, if performed or paid for by the wholesaler, which cartage cost, in the absence of the filing with the secretary of satisfactory proof of a lesser or higher cost, shall be deemed to be one and one-half percent of the basic cost of cigarettes to the wholesaler.
Source:
SL 1966, ch 157, §5 (2); SL 1981, ch 114, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs.

37-10-11. Purchases outside ordinary trade channels not considered in determining costs.
In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of such cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or wholesaler in the quantity last purchased through the ordinary channels of trade.
Source:
SL 1966, ch 157, §12.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler.

37-10-12. Cost survey as evidence of cost to retailer or wholesaler.
Where a cost survey, pursuant to recognized statistical and cost accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest cost to the retailer and the lowest cost to the wholesaler, such cost survey shall be deemed competent evidence to be used in proving the cost to the person complained against within the provisions of this chapter.
Source:
SL 1966, ch 157, §13.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession.

37-10-13. Tie-in sale at less than value of other goods deemed rebate or concession.
For the purpose of this chapter, a so-called tie-in sale of cigarettes, whereby in conjunction with the purchase of cigarettes, at a price which would not otherwise be less than cost to the vendor, the purchaser is offered other merchandise or other thing of value, without charge or at a charge less than the fair and reasonable retail value of such other merchandise or thing of value, such transaction shall be deemed a rebate or concession.
Source:
SL 1966, ch 157, §3 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-14 - Application of minimum price provisions to combination sales, rebates and concessions.

37-10-14. Application of minimum price provisions to combination sales, rebates and concessions.
In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale or sales involving the giving of any concession of any kind whatsoever, whether it be coupons or otherwise, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business, the retailer's or wholesaler's selling price shall not be below the cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes included in such transactions, and the invoice cost, whether the same be paid by the retailer, the wholesaler or any other person, of all other articles, products, commodities and concessions included in such transactions, to which invoice cost shall be added the cost of doing business in the case of the wholesaler and the retailer, respectively, as such cost is defined in §§37-10-5 to 37-10-10, inclusive.
Source:
SL 1966, ch 157, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-15 - Promotional merchandise not considered in determining cost.

37-10-15. Promotional merchandise not considered in determining cost.
Merchandise given free or payment made to a retailer or wholesaler by the manufacturer thereof for display, or advertising, or promotion purposes, or otherwise, shall not be considered in determining the cost of cigarettes to the retailer or wholesaler.
Source:
SL 1966, ch 157, §11 (2).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-16 - Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.

37-10-16. Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.
Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in this chapter. Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesaler as prescribed in this chapter. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in §§37-10-18 to 37-10-22, inclusive, shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankruptcy sale be considered the price of a competitor within the meaning of this section.
Source:
SL 1966, ch 157, §9 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-17 - Cost survey price considered competitive price.

37-10-17. Cost survey price considered competitive price.
In the absence of proof of the price of a competitor, under §37-10-16, the lowest cost to the retailer, or the lowest cost to the wholesaler, as the case may be, determined by any cost survey, made pursuant to §37-10-12, may be deemed the price of a competitor within the meaning of §37-10-16.
Source:
SL 1966, ch 157, §9 (2).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-18 - Isolated transactions exempt from chapter.

37-10-18. Isolated transactions exempt from chapter.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made as an isolated transaction and not in the usual course of business.
Source:
SL 1966, ch 157, §8 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer.

37-10-19. Damaged merchandise sales exempt from chapter--Notice to customer.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and such advertising, offer to sell or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold.
Source:
SL 1966, ch 157, §8 (3).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer.

37-10-20. Clearance sales exempt from chapter--Notice to customer.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and such advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold.
Source:
SL 1966, ch 157, §8 (2).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-21 - Liquidation sales exempt from chapter.

37-10-21. Liquidation sales exempt from chapter.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are sold upon the final liquidation of a business.
Source:
SL 1966, ch 157, §8 (4).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-22 - Sales by officer acting under court order exempt from chapter.

37-10-22. Sales by officer acting under court order exempt from chapter.
The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold by any officer acting under the order or direction of any court.
Source:
SL 1966, ch 157, §8 (5).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-23 - Sale at less than cost or offer of rebate as evidence of intent to prevent competition.

37-10-23. Sale at less than cost or offer of rebate as evidence of intent to prevent competition.
Evidence of advertisement, offering to sell or sale of cigarettes by any retailer or wholesaler at less than cost to him or evidence of any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind or nature whatsoever in connection with the sale of cigarettes, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business, or the inducing or attempt to induce or the procuring or the attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer shall be prima facie evidence of intent to injure competition and to destroy or substantially lessen competition.
Source:
SL 1966, ch 157, §3 (3).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-24 - Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.

37-10-24. Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.
In determining cost to the retailer and cost to the wholesaler the secretary of revenue or a court shall receive and consider as bearing on the good faith of such cost, evidence tending to show that any person complained against under any of the provisions of this chapter purchased cigarettes, with respect to the sale of which complaint is made, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider as bearing on the good faith of such cost, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.
Source:
SL 1966, ch 157, §11 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-25 - Contracts in violation void--Recovery prohibited.

37-10-25. Contracts in violation void--Recovery prohibited.
Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter, is declared to be an illegal and void contract and no recovery shall be made thereon.
Source:
SL 1966, ch 157, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-26 - Promulgation of rules--Cost survey.

37-10-26. Promulgation of rules--Cost survey.
The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:
(1)The minimum price of cigarettes;
(2)The extension of credit; and
(3)Retail delinquency.
The secretary of revenue may undertake a cost survey as provided in §37-10-12.
Source:
SL 1966, ch 157, §14 (1); SL 1987, ch 82, §53; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-27 - Duty to enforce chapter--Employment of personnel.

37-10-27. Duty to enforce chapter--Employment of personnel.
In order to effectuate the purposes of this chapter it shall be the duty of the secretary of revenue to carry out the enforcement provisions of this chapter. In accordance with the laws of this state the secretary may, within the limits of available appropriations, employ and fix the duties and compensation of such inspectors and other personnel necessary to carry out the provisions of this chapter.
Source:
SL 1966, ch 157, §14 (2); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-28 - Powers vested in secretary available for enforcement of chapter.

37-10-28. Powers vested in secretary available for enforcement of chapter.
All of the powers vested in the secretary of revenue by the provisions of any law heretofore or hereafter to be enacted, shall be available to the secretary in the enforcement of the Unfair Cigarette Sales Act.
Source:
SL 1966, ch 157, §17; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-29 - Suspension or revocation of license under cigarette tax law.

37-10-29. Suspension or revocation of license under cigarette tax law.
In addition to the provisions of §§37-10-2, 37-10-3, and 37-10-36 to 37-10-38, inclusive, the secretary of revenue is empowered to suspend or revoke the license or any licenses of any person, licensed under the provisions of chapter 10-50.
Source:
SL 1966, ch 157, §16 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license.

37-10-30. Disciplinary proceedings not abated by expiration or renewal of license.
No disciplinary proceedings or action shall be barred or abated by the expiration, transfer, surrender, continuance, renewal, or extension of any license issued under the provisions of chapter 10-50.
Source:
SL 1966, ch 157, §16 (3).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-31 - Procedure for suspension or revocation of license.

37-10-31. Procedure for suspension or revocation of license.
No license or licenses issued under chapter 10-50 shall be suspended or revoked, except in compliance with chapter 1-26.
Source:
SL 1966, ch 157, §16 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations.

37-10-32. Periods of suspension of license--Revocation for persistent violations.
If the secretary of revenue finds that a licensee has failed to comply with any provisions of this chapter or any rule promulgated thereunder, the secretary shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than five nor more than twenty days, and for subsequent offenses not less than twenty days nor more than twelve months, and, if the secretary finds the offender has been guilty of willful and persistent violations, he may revoke the person's license or licenses.
Source:
SL 1966, ch 157, §16 (1); SL 1987, ch 82, §54; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-33 - Appeal to courts from secretary of revenue.

37-10-33. Appeal to courts from secretary of revenue.
Any person aggrieved by any decision, order or finding of the secretary of revenue may appeal therefrom as provided by chapter 1-26.
Source:
SL 1966, ch 157, §16 (4); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-34 - Sales prohibited during suspension or revocation of license.

37-10-34. Sales prohibited during suspension or revocation of license.
No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by him or upon other premises controlled by him or others in any other manner or form whatever.
Source:
SL 1966, ch 157, §16 (3).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-35 - Reinstatement of revoked license.

37-10-35. Reinstatement of revoked license.
Any person whose license or licenses have been revoked pursuant to §§37-10-29 to 37-10-32, inclusive, may apply to the secretary of revenue at the expiration of sixty days for a reinstatement of his license or licenses. Such license or licenses may be reinstated by the secretary if the secretary is satisfied that the licensee will comply with the provisions of this chapter and the rules promulgated thereunder.
Source:
SL 1966, ch 157, §16 (2); SL 1987, ch 82, §55; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-36 - Injunction proceedings to prevent violations of chapter.

37-10-36. Injunction proceedings to prevent violations of chapter.
An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of this chapter. Such an action may be instituted by any person injured by any violation or threatened violation of this chapter or by the attorney general, upon the request of the secretary of revenue. If in such action a violation or threatened violation of the provisions of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit such violation or threatened violation.
Source:
SL 1966, ch 157, §15 (1); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-37 - Damages recovered in injunction proceeding.

37-10-37. Damages recovered in injunction proceeding.
In an action pursuant to §37-10-36, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in such action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the actual damages sustained by such plaintiff.
Source:
SL 1966, ch 157, §15 (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-38 - Action for damages without injunction.

37-10-38. Action for damages without injunction.
If no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an action for damages and costs of suit in any court of competent jurisdiction.
Source:
SL 1966, ch 157, §15 (2).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 10 - Unfair Cigarette Sales › Section 37-10-39 - Severability of provisions--Severability from other laws.

37-10-39. Severability of provisions--Severability from other laws.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. Any determination of invalidity of this or any portion of this chapter shall not be deemed to invalidate or render ineffectual any of the provisions of any other law regulating, taxing, or in any way affecting the sale and distribution of cigarettes in this state.
Source:
SL 1966, ch 157, §18.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 11 - Registration Of Business Names › Section 37-11-1 - Filing of fictitious name statement required--Exceptions.

37-11-1. Filing of fictitious name statement required--Exceptions.
Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply:
(1)The name of the business plainly shows the true surname of each person interested in the business; or
(2)The name of the business is on file with the secretary of state in a required business filing.
The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be deposited into the financing statement and annual report filing fee fund.
Source:
SDC 1939, §49.0801; SL 1974, ch 55, §38; SL 1975, ch 242, §1; SL 1977, ch 190, §254; SL 1999, ch 33, §2; SL 2004, ch 256, §1; SL 2008, ch 204, §1; SL 2015, ch 202, §1; SL 2016, ch 2, §9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 11 - Registration Of Business Names › Section 37-11-2 - Statement filed on change in ownership of business--Fee.

37-11-2. Statement filed on change in ownership of business--Fee.
A verified statement as described in §37-11-1 shall be similarly filed upon any change of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall be paid with each filing under this section. The fee shall be deposited into the financing statement and annual report filing fee fund.
Source:
SDC 1939, §49.0801; SL 1974, ch 55, §39; SL 1975, ch 242, §2; SL 1999, ch 33, §3; SL 2004, ch 256, §2; SL 2016, ch 2, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 11 - Registration Of Business Names › Section 37-11-3 - Information recorded by secretary of state and register of deeds.

37-11-3. Information recorded by secretary of state and register of deeds.
The secretary of state shall record the information required pursuant to the provisions of §§37-11-1 and 37-11-2 in such manner as may be necessary to effectuate the purposes of this chapter. The register of deeds shall, within seven days, electronically record, on the electronic filing system maintained by the secretary of state, the information collected on paper forms filed with the register of deeds pursuant to §§37-11-1 and 37-11-2.
Source:
SDC 1939, §49.0803; SL 1974, ch 55, §40; SL 1975, ch 242, §3; SL 2004, ch 256, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 11 - Registration Of Business Names › Section 37-11-4 - Liability of persons interested in business.

37-11-4. Liability of persons interested in business.
All persons interested in a business described in §37-11-1 at any time shall be at all times liable for any contracts or obligations incurred while they were so interested.
Source:
SDC 1939, §49.0801; SL 2017, ch 178, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 11 - Registration Of Business Names › Section 37-11-5 - Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery.

37-11-5. Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery.
No person or firm operating or interested in a business, may maintain any legal action in the name under which the business is conducted unless the person or firm has complied with the provisions of §§37-11-1 and 37-11-2. No such person or firm may recover anything or enforce any right claimed to be due or arising out of the operation of the business until the statement required by §37-11-1 or 37-11-2 has been filed.
Source:
SDC 1939 §49.0802; SL 2015, ch 202, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-2 - Auction sale defined.

37-14-2. Auction sale defined.
"Auction sale," as used in this chapter means the offering for sale or selling of personal property to the highest bidder or offering for sale or selling of personal property at a high price and then offering the personal property at successive lower prices until a buyer is secured.
Source:
SL 1955, ch 233, §7; SDC Supp 1960, §54.0509; SL 1998, ch 242, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-4 - Farm sales, judicial sales and closing out sales exempt.

37-14-4. Farm sales, judicial sales and closing out sales exempt.
The provisions of §§37-14-2 to 37-14-5, inclusive, do not extend to the sale at public auction of livestock, farm machinery, or farm produce or any other item commonly sold at a farm sale, to any auction sale held under authority of or under the supervision and direction of any court of this state, or to any person, firm, or corporation who has been engaged in business in the State of South Dakota for a period of at least one year, conducting a closing out or stock reduction sale of the business.
Source:
SL 1955, ch 233, §8; SDC Supp 1960, §54.0510; SL 1998, ch 242, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-5 - Requirements of chapter.

37-14-5. Requirements of chapter.
Any requirement under the provisions of §§37-14-2 to 37-14-5, inclusive, is in addition to and not in lieu of any other state or local license as required by statute or ordinance.
Source:
SL 1955, ch 233, §9; SDC Supp 1960, §54.0511; SL 1998, ch 242, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-18 - Deposit of auction receipts into separate auction proceeds account.

37-14-18. Deposit of auction receipts into separate auction proceeds account.
Any money that an auction cashier receives on behalf of a client from an auction sale shall be deposited in a separate account maintained for auction sale proceeds only.
Source:
SL 1993, ch 299, §1; SL 1998, ch 242, §17.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-19 - Transfer of auction receipts to client--Time limit.

37-14-19. Transfer of auction receipts to client--Time limit.
Any money that an auction cashier receives on behalf of a client from an auction sale shall be given to the client within twenty working days of the auction sale. This section does not apply to any bad check or if there is a prior written agreement between the client and the cashier.
Source:
SL 1993, ch 299, §2; SL 1998, ch 242, §18.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-20 - Application of deposit and transfer requirements.

37-14-20. Application of deposit and transfer requirements.
Sections 37-14-18 and 37-14-19 do not apply to any livestock auction agency licensed pursuant to chapter 40-15 or to any real estate sale.
Source:
SL 1993, ch 299, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 14 - Auction Sales › Section 37-14-21 - Time for taking possession of property after sale--Reversion of ownership of unclaimed property--Forfeiture of payment--Exceptions.

37-14-21. Time for taking possession of property after sale--Reversion of ownership of unclaimed property--Forfeiture of payment--Exceptions.
Except as otherwise agreed to in writing by the purchaser and seller, or unless otherwise provided for by advertised or announced terms at the auction premises on the day of the sale, if the purchaser of any property at an auction sale has not removed the property from the auction premises within ninety days after the date of the sale or has not otherwise taken physical possession of the property within ninety days after the date of the sale, ownership of the property reverts to the seller, and the payment is forfeited to the seller without further notice of action. This section does not apply to any motor vehicle as defined in subdivision 32-3-1(11) or to any state auction held pursuant to chapter 5-24A.
Source:
SL 2010, ch 197, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 16 - Pawnbrokers › Section 37-16-1 - Charging excessive interest as misdemeanor.

37-16-1. Charging excessive interest as misdemeanor.
Every pawnbroker who receives goods in pledge for loans at any rate of interest above that allowed by law, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1827; SL 1977, ch 190, §270.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 16 - Pawnbrokers › Section 37-16-2 - Sale of pledge during time for redemption as misdemeanor.

37-16-2. Sale of pledge during time for redemption as misdemeanor.
Every pawnbroker who sells any article received by him in pledge before the time to redeem the same has expired is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1829; SL 1977, ch 190, §271.