Title 48, Chapter 11, Section 4
( 48-11-4)
(a) No person shall engage in or conduct the business of
manufacturing, purchasing, selling, consigning, vending, dealing in,
or distributing cigars or cigarettes in this state without first
obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make
rules and regulations with respect to applications for and issuance
of the licenses. The commissioner may refuse to issue any license
under this chapter when he has reasonable cause to believe that the
applicant has willfully withheld information requested of him or
required by the regulations to be provided or reported or when the
commissioner has reasonable cause to believe that the information
submitted in any application or report is false or misleading and is
not given in good faith. (c) The fee for a distributor's license shall be $50.00 annually,
except that for a person commencing business as a distributor for
the first time the first year's fee shall be $250.00. Each dealer
shall have a permanent license issued by the commissioner free of
charge. Each license, except a dealer's license, shall begin on
July 1 and end on June 30 of the next succeeding year. The
prescribed fee shall accompany every application for a license and
shall apply for any portion of the annual period. Each
distributor's or dealer's license shall be subject to suspension or
revocation for violation of any of the provisions of this chapter or
of the rules and regulations made pursuant to this chapter. A
separate license shall be required for each place of business. No
person shall hold a distributor's license and a dealer's license at
the same time. (d) The commissioner may make rules and regulations governing the
sale of cigars and cigarettes and other tobacco products in vending
machines. The commissioner shall require annually a special
registration of each vending machine for any operation in this state
and charge a license fee for the registration in the amount of $1.00
for each machine. The annual registration shall indicate the
location of the vending machine. No vending machine shall be
purchased or transported into this state for use in this state when
the vending machine is not so designed as to permit inspection
without opening the machine for the purpose of determining that
cigars and cigarettes and other tobacco products contained in the
machine bear the tax stamp required under this chapter. (e) The distributor's or dealer's license shall be exhibited in the
place of business for which it is issued in the manner prescribed by
the commissioner. The commissioner shall require each licensed
distributor to file with him a bond in an amount of not less than
$1,000.00 to guarantee the proper performance of the distributor's
duties and the discharge of the distributor's liabilities under this
chapter. The bond shall run concurrently with the distributor's
license but shall remain in full force and effect for a period of
one year after the expiration or revocation of the distributor's
license unless the commissioner certifies that all obligations due
the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of
this chapter shall extend to every person using or consuming cigars
or cigarettes in this state and to every person dealing in cigars or
cigarettes in any way for business purposes and maintaining a place
of business in this state. For the purpose of this chapter, the
maintaining of an office, store, plant, warehouse, stock of goods,
or regular sales or promotional activity, whether carried on
automatically or by salesmen or other representatives, shall
constitute, among other activities, the maintaining of a place of
business. (g) The commissioner may provide for the licensing of promotional
activities, not including the sale of cigars or cigarettes, carried
on by the manufacturer. The fee for any such license shall be
$10.00 annually. |