Books and records to be preserved
(1) Every distributor shall keep at each licensed place of business complete
and accurate records for that place of business, including itemized invoices
of tobacco products held, purchased, manufactured, brought in or caused
to be brought in from without the state, or shipped or transported to
retailers in this state, and of all sales of tobacco products made, except
sales to the ultimate consumer.
(2) These records shall show the names and addresses of purchasers, the inventory
of all tobacco products on hand, and other pertinent papers and documents
relating to the purchase, sale, or disposition of tobacco products.
(3) When a licensed distributor sells tobacco products exclusively to the
ultimate consumer at the address given in the license, no invoice of those
sales shall be required, but itemized invoices shall be made of all tobacco
products transferred to other retail outlets owned or controlled by that
licensed distributor. All books, records, and other papers and documents
required by this section to be kept shall be preserved for a period of
at least three years after the date of the documents, unless the department,
in writing, authorizes their destruction or disposal at an earlier date.
(4) (a) Every retailer that is not also a licensed distributor shall keep
at its place of business complete and accurate records to show that all
tobacco products received by the retailer were purchased from a licensed
distributor. The retailer shall provide a copy of such records to the
department if so requested. The department may establish the acceptable
form of such records.
(b) Any expenses incurred by the department related to enforcing paragraph
(a) of this subsection (4) shall be paid from the tobacco settlement defense
account, created in
section 24-22-115 (2)(a), C.R.S., for the state fiscal year 2009-10, and from the tobacco tax enforcement
cash fund created in
section 39-28-107 (1)(b), for each state fiscal year thereafter.