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56:7-22 - "Cost to the wholesaler"  defined

56:7-22.   "Cost to the wholesaler"  defined
    a.  The term  "cost to the wholesaler"  shall mean the  "basic cost of cigarettes"  to the wholesaler plus the  "cost of doing business by the wholesaler,"  as evidenced by the standards and methods of accounting regularly  employed by him in his allocation of overhead costs and expenses, paid or  incurred, and must include, without limitation, labor costs (including salaries  of executives and officers), rent, depreciation, selling costs, maintenance of  equipment, delivery costs, all types of licenses, taxes, insurance and  advertising.

    b.  In the absence of the filing with the director of satisfactory proof of  a lesser or higher cost of doing business by the wholesaler making the sale,  the  "cost of doing business by the wholesaler"  shall be presumed to be 5.25%  of the  "basic cost of cigarettes"  to the wholesaler, plus cartage to the  retail outlet, if performed or paid for by the wholesaler, which cartage cost,  in the absence of the filing with the director of satisfactory proof of a  lesser or higher cost, shall be deemed to be   3/4 of 1% of the "basic cost  of cigarettes"  to the wholesaler.

     L.1952, c. 247, p. 826, s. 5.  Amended by L.1974, c. 45, s. 1, eff. June 24, 1974.

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