39-28.5-104.5.
Licensing of distributing subcontractors - rules - fines
(1) It is unlawful for any person to engage in the business of a distributing
subcontractor of tobacco products at any place of business without first
obtaining a license granted and issued by the department, which license
shall be in effect until June 30 following the date of issue, unless sooner
revoked. Such license shall be granted only to a person who owns or operates
the place from which the person engages in the business of a distributing
subcontractor of tobacco products, and, if such business is operated in
two or more separate places by any such person, a separate license for
each place of business shall be required. Such license shall be renewed
only upon timely application and payment of the required fee prior to
expiration. Such licenses may be transferred in the discretion of and
pursuant to the rules adopted by the department. The fee for a license
shall be ten dollars per year, and such fee shall be credited to the wholesale
and distributing subcontractor license fund created in
section 39-28-102.5. Such fee shall be reduced at the rate of two dollars and fifty cents
for each expired quarter of the license year. The department shall, on
reasonable notice and after a hearing, suspend or revoke the license of
any person violating any provision of this article, and no license shall
be issued to such person within a period of two years thereafter. The
department may share information on the names and addresses of persons
who purchased tobacco products for resale with the department of public
health and environment and county and district public health agencies.
The department shall refuse to issue a new or renewal distributor license
and shall revoke a distributor's license, if the distributor owes
the state any delinquent taxes administered by the department or interest
thereon pursuant to this title that have been determined by law to be
due and unpaid, unless the distributor has entered into an agreement approved
by the department to pay the amount due. The department shall only issue
a new or renewal distributing subcontractor license to a distributing
subcontractor that has a current license issued pursuant to
section 39-26-103.