21-2803: Trading stamp act inapplicable to certain coupons and similar devices.
This act shall not apply to any coupon, ticket, certificate, card or other similar
device which is issued, distributed, furnished or redeemed:
(a) By a
manufacturer or packer, when such coupon, ticket, certificate, card or other
similar device is redeemable:
(1) Without or with accompanying cash, for any product of the
manufacturer or
packer or for one specified and particular product not manufactured or
packed by the manufacturer or packer; or
(2) by the manufacturer or packer in cash.
(b) By a retailer, when such coupon, ticket, certificate, card or other
similar device is redeemable by the retailer, with or without accompanying
cash, for any product which the retailer normally sells in its usual course
of business.
(c) By a person, firm, association or corporation, when such coupon,
ticket, certificate, card or other similar device is redeemable, with or
without accompanying cash, for air travel, hotel, motel and similar
accommodations, vehicle rental or other travel or recreational services.
History: L. 1957, ch. 177, § 3; L. 1979, ch. 91, § 1;
L. 1992, ch. 90, § 1; April 23.
21-2804: Penalties.
Any person, firm, association or corporation violating either K.S.A. 21-2801
or 21-2802 shall be guilty of a
misdemeanor and, upon conviction, shall be fined not less than one
hundred dollars ($100) for each day said person, firm or corporation is
in violation of either of said sections, or be imprisoned in the county
jail for not less than sixty (60) days, or by both such fine and
imprisonment, at the discretion of the court: Provided, That
whenever a corporation shall violate any provision of either K.S.A. 21-2801
or 21-2802, such violation shall be
deemed to be also that of the individual directors, officers, or agents
of such corporation who shall have authorized, ordered, or done any of
the acts constituting in whole or in part such violation: And provided
further, That a corporation and its different officers, agents and
servants may each be prosecuted separately for violation of any
provision of either K.S.A. 21-2801 or 21-2802, and the acquittal or conviction
of one such officer, agent or
servant shall not abate the prosecution of the others. Violators of any
provision of either K.S.A. 21-2801 or 21-2802 may also be enjoined or ousted
from the continuing of such violation
by proceedings brought by the county attorney of the proper county, or
by the attorney general, regardless of whether criminal proceedings have
been instituted.
History: L. 1957, ch. 177, § 4; April 26.
21-2804a: Same; penalties for violations of 21-2801, 21-2802.
Persons violating K.S.A. 21-2801 or 21-2802 shall
upon conviction be subject to the penalties prescribed by K.S.A.
21-2804.
History: L. 1965, ch. 234, § 3; June 30.
21-2805: Invalidity of part.
If any sentence, clause, provision or section of this act shall be held
unconstitutional, such decision shall not affect the validity or the
constitutionality of any other sentence, clause, provision or section
herein contained and it shall be conclusively presumed that the legislature
would have enacted the remainder of this act without the sentence, clause,
provision or section so held unconstitutional.
History: L. 1957, ch. 177, § 6; April 26.