§ 59-1502 — Terms, defined

As used in the Unfair Cigarette Sales Act, unless
the context otherwise requires:
(1) Person shall mean and include
any individual, firm, association, company, partnership, limited liability
company, corporation, joint-stock company, club, agency, syndicate, municipal
corporation or other political subdivision of this state, trust, receiver,
trustee, fiduciary, or conservator;
(2) Cigarettes shall mean
and include any roll for smoking made wholly or in part of tobacco, irrespective
of size or shape and whether or not such tobacco is flavored, adulterated,
or mixed with any other ingredient, the wrapper or cover of which is made
of paper or any other substance or material, excepting tobacco;
(3)
Sale shall mean any transfer for a consideration, exchange, barter, gift,
offer for sale, or distribution in any manner or by any means whatsoever;
(4)
Wholesaler shall include any person who:
(a) Purchases cigarettes
directly from the manufacturer;
(b) Purchases cigarettes from
any other person who purchases from the manufacturer and who acquires such
cigarettes solely for the purpose of bona fide resale to retail dealers or
to other persons for the purpose of bona fide resale to retail dealers or
to other persons for the purpose of resale only; or
(c) Services
retail outlets by the maintenance of an established place of business for
the purchase of cigarettes, including, but not limited to, the maintenance
of warehousing facilities for the storage and distribution of cigarettes.
Nothing
in the Unfair Cigarette Sales Act shall prevent a person from qualifying in
different capacities as both a wholesaler and retailer under the applicable
provisions of the act;
(5) Retailer shall mean and include any
person who operates a store, stand, booth, or concession for the purpose of
making sales of cigarettes at retail, including sales through vending machines;
(6)
Sell at retail, sale at retail, and retail sales shall mean and include any
transfer of title to cigarettes for a valuable consideration, made in the
ordinary course of trade or usual conduct of the seller's business, to the
purchaser for consumption or use, including sales through vending machines;
(7)
Sell at wholesale, sale at wholesale, and wholesale sales shall mean and include
any bona fide transfer of title to cigarettes for a valuable consideration,
made in the ordinary course of trade or in the usual conduct of the wholesaler's
business, to a retailer for the purpose of resale;
(8) Basic cost
of cigarettes shall mean the replacement cost of cigarettes to the retailer
or wholesaler, as the case may be, in the quantity last purchased, without
subtracting any discounts, to which shall be added the full value of any stamps
which may be required by any cigarette tax act of this state and by ordinance
of any municipality of this state in effect or hereafter enacted, if not already
included by the manufacturer in his or her list price;
(9) Division
shall mean the cigarette tax division of the Tax Commissioner; and
(10)
Business day shall mean any day other than a Sunday or legal holiday.

Legislative History

Source: Laws 1965, c. 364, § 2, p. 1184; Laws 1967, c. 378, § 1, p. 1187; Laws 1987, LB 730, § 26; Laws 1993, LB 121, § 377; Laws 2008, LB898, § 1. Cross References: Cigarette tax, see Chapter 77, article 26.