Title XXVI, TRADE AND COMMERCE

414.560. Selection of members — number of members, compensation, terms — chairman, president — budget — programs and projects — records — costs. — 1. Upon issuance of an order by the director establishing the Missouri propane education and research council, the director shall sel…

414.570. Assessment, amount — payment — late payment, charges — investment of funds — rulemaking authority. — 1. The council shall set the initial assessment at no greater than one-tenth of one cent per gallon. Thereafter, annual assessments shall be sufficient to cover the costs…

414.580. Use of funds, restrictions. — No funds collected by the council shall be used in any manner for influencing legislation or for campaign contributions, except that the council may recommend to the director changes in sections 414.500 to 414.590 or other statutes that woul…

414.590. Construction. — Nothing in sections 414.500 to 414.590 may be construed to preempt or supersede any other program relating to propane gas education and research organized and operated under the laws of the state of Missouri. ­­-------- (L. 1993 S.B. 178 § 10)

415.010. Public warehouses, what constitutes — facilities not included as. — All warehouses or storehouses situated in cities or towns now having or which shall hereafter have over twenty-five thousand inhabitants, and wherein other property than grain is stored for a compensatio…

415.020. License for public warehouse. — The proprietor, lessee or manager of any public warehouse provided for by sections 415.010 to 415.050 shall be required, before transacting any business in such warehouse, to procure from the circuit court of the county in which such wareh…

415.030. Public warehousemen to give bond. — The person or persons receiving a license under the provisions of sections 415.010 to 415.050 shall annually file with the clerk of the court granting the same, a surety bond executed by a surety corporation authorized to do business i…

415.040. Transacting business without license — bond — penalty. — Any person or persons who shall transact within a city now having or which shall hereafter have a population of twenty-five thousand inhabitants or more, the business of storing for compensation or consideration ot…

415.050. Compliance with sections 415.010 to 415.050 mandatory, when. — 1. It shall be unlawful for any person, firm, partnership, association or corporation required by sections 415.010 to 415.050 to be licensed to hold himself, themselves, or itself out as a public warehouseman…

415.400. Title of act. — Sections 415.400 to 415.425 shall be known and may be cited as the "Self-Service Storage Facilities Act". ­­-------- (L. 1985 H.B. 204 § 2, A.L. 2014 H.B. 1225)

415.405. Definitions. — As used in sections 415.400 to 415.425, the following terms shall mean: (1) "Default", the failure to perform on time any obligation or duty set forth in a rental agreement; (2) "Electronic mail", an electronic message or an executable program or computer …

415.410. Leased space not to be used as residence — operator may enter space, when — occupant to furnish operator certain information — limitation on value of property in agreement, maximum liability amount. — 1. An operator may not knowingly permit a leased space at a self-servi…

415.415. Lien on stored property, when, notice regarding, priority of, how enforced and satisfied — sale of property, procedure, duties of operator, distribution of proceeds — redemption by occupant, when. — 1. The operator of a self-service storage facility has a lien on all per…

415.417. Late fee assessed, when, amount — recovery of expenses, when. — 1. For the purposes of this section, "late fee" means a fee or charge assessed by an operator for an occupant's failure to pay rent when due. A late fee is not interest on a debt, nor is a late fee a reasona…

415.420. Purchaser in good faith, not subject to certain liens — operator, limited liability, right to deny occupant access, when — notices, how and where sent. — 1. A purchaser in good faith of any personal property sold under sections 415.400 to 415.425 takes the property free …

415.425. Care and control of stored property vested in occupant, exception. — Except as provided in subsection 3 of section 415.420, unless the rental agreement specifically provides otherwise and until a lien sale under sections 415.400 to 415.425, the exclusive care, custody an…

416.011. Title of act. — Sections 416.011 to 416.161 may be known and shall be cited as the "Missouri Antitrust Law". ­­-------- (L. 1974 S.B. 424)

416.021. Definitions. — Unless a different meaning is clearly indicated by the context, for the purposes of sections 416.011 to 416.161: (1) "Commodity" means any kind of real, personal or mixed property, but does not include the labor of a human being; (2) "Person" means any ind…

416.031. Restraint of trade prohibited. — 1. Every contract, combination or conspiracy in restraint of trade or commerce in this state is unlawful. 2. It is unlawful to monopolize, attempt to monopolize, or conspire to monopolize trade or commerce in this state. 3. It is unlawful…

416.041. Exempt organizations and activities. — 1. Nothing contained in the Missouri antitrust law shall be construed to forbid the existence or operation of: (1) Any labor organization instituted for the purpose of mutual help and not conducted for profit, or of individual membe…

416.051. Penalties — attorney general to prosecute — civil penalty for contempt. — 1. Any person who violates any of the provisions of subsection* 1 or 2 of section 416.031 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of up to fifty thousan…

416.061. Attorney general to prevent and restrain violations — consent judgments authorized. — 1. The several circuit courts of this state are invested with jurisdiction to prevent and restrain violations of section 416.031. 2. It shall be the duty of the attorney general to enfo…

416.071. Injunctive relief by circuit courts authorized. — 1. In addition to all other remedies provided by sections 416.011 to 416.161, the circuit courts of this state are invested with jurisdiction to grant such preliminary or permanent injunctive relief and to issue such temp…

416.081. Antitrust revolving fund — how used — source of funds. — 1. There is created a revolving fund for the office of the attorney general to be known as the "Antitrust Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri f…

416.091. Documentary material, requirement to produce, demand for, how made, how served — returns, how verified — failure to comply, effect of. — 1. Whenever the attorney general has reason to believe that a person under investigation may be in possession, custody, or control of …

416.111. Refusal to testify prohibited — criminal immunity granted. — In any investigation or proceeding brought to enforce the provisions of sections 416.011 to 416.161, no individual shall be permitted to refuse to answer any question material to the matter in controversy or to…

416.121. Who may sue — prevailing plaintiff to be awarded attorney's fees and costs. — Any person, including the state, who is injured in his business or property by reason of anything forbidden or declared unlawful by sections 416.011 to 416.161 may sue therefor in any circuit c…

416.131. Venue of actions — actions to be brought within four years — involvement in interstate or foreign commerce, no defense. — 1. Any action or proceeding, civil or criminal, authorized by sections 416.011 to 416.161, shall be brought in the circuit court for the circuit in w…

416.141. How construed as to comparable federal acts. — Sections 416.011 to 416.161 shall be construed in harmony with ruling judicial interpretations of comparable federal antitrust statutes. ­­-------- (L. 1974 S.B. 424)

416.151. State's remedies to be cumulative — only one monetary recovery on any one act. — The remedies afforded the state under sections 416.011 to 416.161 shall be cumulative but the state shall not be permitted more than one recovery of monetary damages arising out of the same …

416.161. Severability clause. — If any provision of sections 416.011 to 416.161 is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of sections 416.011 to 416.161 and the applicability th…

416.410. Definitions. — As used in sections 416.410 to 416.560 the following terms are construed to have the following meanings, except in those instances where the context clearly indicates otherwise: (1) "Bulk milk", milk in bulk form, in cans, tank cars or tank trucks that is …

416.415. Selling or advertising milk at less than cost prohibited — evidence. — 1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creat…

416.420. Discrimination in price between localities — evidence. — 1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, discriminate in price in …

416.425. Sales by retailers at less than cost — evidence. — 1. No nonprocessing retailer shall, with the intent or with the effect of unfairly diverting trade from a competitor, or otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, advertise…

416.430. Sale by bulk milk handler at less than cost — evidence. — 1. No bulk milk handler shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, adve…

416.435. Sales of milk in combination with other products at less than cost — evidence. — 1. No person shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor or of destroying competition, or of creating a mon…

416.440. Rebates, discounts, allowances or gifts by processor or distributor — exceptions — evidence. — 1. No milk processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destro…

416.445. Sales and advertisements exempt from law, when. — The provisions of sections 416.415 to 416.430 do not apply to advertisements, offers to sell or sales where: (1) The sales are made in an isolated transaction and not in the usual course of business; (2) The merchandise i…

416.450. Complaints, investigation by director — actions to restrain violations. — In any case in which a complaint is made in writing to the director by a person claiming to be injured because milk products are being offered for sale or sold in violation of the provisions of sec…

416.455. Person injured by violation may intervene in or bring injunction action. — Any person who is injured in business or property by reason of another person's violation of any provision of sections 416.410 to 416.560 may intervene in the suit for injunction instituted pursua…

416.460. Rules, authority, promulgation, procedure. — The director is authorized and directed to promulgate rules and regulations to carry out the purposes of sections 416.410 to 416.560. No rule or portion of a rule promulgated under the authority of this chapter shall become ef…

416.465. Director may subpoena and swear witnesses — enforcement of subpoena. — 1. In making investigations pursuant to section 416.450, the director is authorized and empowered to administer oaths and to issue subpoenas for persons and pertinent operating records. In case of fai…

416.470. Director may employ auditing firm. — In examining books and records, the director has authority to employ any recognized accounting firm or cost finding organization. ­­-------- (L. 1959 H.B. 255 § 13)

416.475. Bond of complainant, liability. — 1. Upon the filing of the complaint with the director, the director shall require of the complainant, a bond in the sum of one thousand dollars to defray the expenses of the necessary investigation incident to the complaint. 2. In the ev…

416.480. Remedies exclusive. — The remedies provided for in sections 416.410 to 416.560 are exclusive and no criminal fines or penalties shall be imposed for violation of sections 416.410 to 416.560. ­­-------- (L. 1959 H.B. 255 § 15)