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4-75-703. Sales excepted from subchapter.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-703. Sales excepted from subchapter.
(a) This subchapter does not apply to a sale at wholesale or a sale at retail made:
(1) In an isolated transaction and not in the usual course of business;
(2) Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
(3) Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
(4) Where cigarettes are sold upon the final liquidation of a business; or
(5) Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
(b) For sales that are exempt under subsection (a) of this section, the seller shall:
(1) Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and
(2) For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-75-703
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7874c6d7d0ba90f9ee2abcb84969b3b57dc8fc2728dc78db29375785c6c3bff4
Source location: content.xml paragraph 32862
Stored source content
4-75-703. Sales excepted from subchapter.
(a) This subchapter does not apply to a sale at wholesale or a sale at retail made:
(1) In an isolated transaction and not in the usual course of business;
(2) Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
(3) Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
(4) Where cigarettes are sold upon the final liquidation of a business; or
(5) Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
(b) For sales that are exempt under subsection (a) of this section, the seller shall:
(1) Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and
(2) For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director.
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