Title XXVI — TRADE AND COMMERCE

407.875. Liability for failure to repurchase inventory. — If any wholesaler, manufacturer or distributor shall fail or refuse to repurchase any inventory as required by section 407.860, he shall be civilly liable for one hundred percent of the current net price of the inventory, …

407.880. Death of retailer or majority stockholder — option of surviving spouse or heir for repurchase of inventory, time limitation, exception. — In the event of the death of the retailer or the spouse of a surviving retailer if the retailer is operating as a tenancy by the enti…

407.885. Application to existing contracts and future contracts. — The provisions of sections 407.850 to 407.885 shall apply to all valid contracts now in effect which have no expiration date and are continuing contracts, and all other contracts entered into or renewed after Sept…

407.895. Manufacturer, wholesaler or distributor not to terminate contract except for good cause — good cause established, how. — Any manufacturer, wholesaler or distributor of outdoor power equipment used for lawn, garden, golf course, landscaping or grounds maintenance, and rep…

407.897. Law to apply to successors in interest — not applicable, when — application to existing contracts and future contracts. — 1. The obligations of any wholesaler, manufacturer or distributor created by the provisions of sections 407.890 to 407.898 apply to any successor in …

407.898. Civil action for unlawful termination of contract, authorized — costs and attorney fees recoverable. — If a manufacturer, wholesaler or distributor violates any provisions of sections 407.895 and 407.897, a retailer may bring an action against such manufacturer, wholesal…

407.900. Definitions. — As used in sections 407.900 to 407.910: (1) The term "art dealer" means a person engaged in the business of selling fine arts. The term "art dealer" does not include any person engaged exclusively in the business of selling goods at public auction; (2) The…

407.902. Art delivered to art dealer for sale or exhibition deemed consignment, when, exception — written contract required, contents. — 1. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers, or causes to be delivered, a work …

407.904. Consignment, effect. — A consignment of a work of fine art shall result in all of the following: (1) The art dealer, after receipt of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art wit…

407.905. Art dealer is agent of artist — work of art and sale proceeds held in trust for artist, not subject to creditor of consignee. — A work of fine art received as a consignment from the artist who created the work of fine art shall remain trust property, notwithstanding the …

407.907. Waiver of proceeds in trust by artist, requirements. — An artist who is a consignor may lawfully waive the provisions of subdivision (3) of section 407.904 if such waiver is clear, conspicuous, in writing, and signed by the artist who is the consignor. No waiver shall be…

407.908. Contracts, prior to August 13, 1984, not affected, exceptions. — Sections 407.900 to 407.910 shall not apply to a written contract executed prior to August 13, 1984, unless either the parties agree by mutual written consent that sections 407.900 to 407.910 shall apply or…

407.910. Violations — punitive damage and costs authorized. — Any art dealer or creditor of an art dealer who violates any provision of sections 407.900 to 407.910 with intent to injure shall, in addition to the payment of all other damages and costs owed by him, pay to the artis…

407.911. Definitions. — As used in sections 407.911 to 407.915, the following terms mean: (1) "Commission", compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales, or as a …

407.912. Commission to become due, when — termination of employment, all commissions due, when. — 1. When a commission becomes due shall be determined in the following manner: (1) The written terms of the contract between the principal and sales representative shall control; (2) …

407.913. Failure to pay sales representative commission, liability in civil action for actual damages — additional damages allowed — attorney fees and costs. — Any principal who fails to timely pay the sales representative commissions earned by such sales representative shall be …

407.914. Out-of-state principal with sales representative soliciting in this state, Missouri courts to have jurisdiction. — A principal who is not a resident or citizen of this state who contracts with a sales representative to solicit orders in this state is declared to be trans…

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 fro…

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…

*407.925. Definitions. — As used in sections 407.925 to 407.934, the following terms mean: (1) "Alternative nicotine product", any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other mean…

407.926. No tobacco sales to minors — penalties — alternative nicotine products and vapor products, sale to minors prohibited — nicotine liquid containers, requirements, penalty. — 1. Any person or entity who sells tobacco products, alternative nicotine products, or vapor product…

*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 nico…

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 ma…

*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 n…

*407.931. Unlawful to sell or distribute tobacco products, alternative nicotine products, or vapor products to minors — vending machine requirements — what persons are liable — owners exempt, when — appeal to administrative hearing commission, when. — 1. It shall be unlawful for …

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. ­­-------- (L. 1992 S.B. 509, et al. § 14)

*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…

*407.934. Sales tax license required to sell tobacco products, alternative nicotine products, or vapor products — division of liquor control to have inspection authority — limitations on use of minors for enforcement purposes. — 1. No person shall sell cigarettes, tobacco product…

407.935. Definitions. — As used in sections 407.935 to 407.943, the following words and phrases shall mean: (1) "Contract", any agreement, or any term thereof, between a foreclosure consultant and an owner for the rendition of any service as defined in subdivision (6) of this sec…

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 …

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 co…

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 fo…

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 violati…

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, re…

407.950. Definitions. — 1. As used in sections 407.950 to 407.970, the following terms mean: (1) "Assistive device", any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity which includes, but is…

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 …

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…

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 reasona…

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…

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 …

407.963. 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 agai…

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 alterna…

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 prev…

407.970. Rules, procedure to adopt — suspension or revocation of rules, procedure. — 1. No rule or portion of a rule promulgated under the authority of sections 407.950 to 407.970 shall become effective until it has been approved by the joint committee on administrative rules in …

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 o…

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 …

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 empl…

407.990. Penalty. — Any person who violates any provision of sections 407.980 to 407.990 is guilty of a class C misdemeanor. ­­-------- (L. 1997 H.B. 141)

408.010. Constitutional money act — electronic specie currency accepted as legal tender — rules — payment and compensation by, requirements — definitions. — 1. This section shall be known and may be cited as the "Constitutional Money Act". 2. Electronic specie currency shall be a…

408.015. Definitions. — As used in sections 408.020 to 408.562: (1) "Bank" shall mean bank, trust company, or bank and trust company; (2) "Business loan" shall mean a loan to an individual or a group of individuals, the proceeds of which are to be used in a business or for the pu…