Chapter 16 - Trading Stamps
CHAPTER 16 - TRADING STAMPS
40-16-101. Prohibited.
It shall be unlawful for any person, firm,association or corporation to use, issue, or distribute, or for any person,firm, association or corporation to furnish to any other person, firm,association or corporation to use, issue or distribute, in, with, or for thesale of goods, wares, merchandise or service, any stamps, coupons, tickets,certificates, cards, or other similar devices, which shall entitle thepurchaser receiving the same with the sale of goods, wares, merchandise orservice to procure from any person, firm, association or corporation, anygoods, wares, merchandise or service upon the production of any number of suchstamps, coupons, tickets, certificates, cards or other similar devices.
40-16-102. Exceptions.
(a) W.S. 40-16-101 through 40-16-103 shall not apply to theuse, issuance, distribution, furnishing or redemption of any coupon, ticket,certificate, card or other similar device which is:
(i) Issued, distributed, furnished or redeemed by amanufacturer or packer in connection with the sale of its manufactured orpacked products, when the coupon, ticket, certificate, card or other similardevice is redeemable without, or accompanying, cash for any product of themanufacturer or packer or for any products not manufactured or packed by themanufacturer or packer if those products are offered by the manufacturer orpacker solely for promotional purposes;
(ii) Issued, distributed, furnished or redeemed by a merchantwhen such coupon, ticket, certificate, card, or other similar device isredeemable at face value, in cash or merchandise from the general stock of saidmerchant at regular retail prices at the option of the holder thereof.
(b) W.S. 40-16-101 through 40-16-103 shall not be interpretedto prohibit promotional activities conducted by a manufacturer in connectionwith the sale of the manufacturer's service or product which offers consumersthe opportunity to submit to the manufacturer or its agents, stated proof ofpurchases of the manufacturer's service, product or cash in exchange for one(1) or more services or products not manufactured by the manufacturer.
40-16-103. Penalty for violation; continuing offense; liability ofofficers and agents; enjoining or ousting violators.
Any person, firm, association orcorporation violating any provision of this act shall be guilty of amisdemeanor and, upon conviction, shall be punished by a fine not to exceed onehundred dollars ($100.00), or by imprisonment not to exceed sixty (60) days, orby both such fine and imprisonment. Each day said person, firm, association orcorporation is in violation of this act shall constitute a separate and distinctoffense. Whenever a firm, association or corporation shall violate anyprovision of this act, such violation shall be deemed to be also that of theindividual directors, officers, or agents of such firm, association orcorporation who shall have authorized, ordered, or done any of the actsconstituting in whole or in part such violation. A firm, association orcorporation and its different officers, agents, and servants may each beprosecuted separately for violation of any provision of this act, and theacquittal or conviction of one such officer, agent or servant shall not abatethe prosecution of the others. Violators of any provision of this act may alsobe enjoined or ousted from the continuing of such violation by proceedingsbrought by the district attorney of the proper district, or by the attorneygeneral, regardless of whether criminal proceedings have been instituted.