69-5. Permit required, and penalty for failure to secure or renew same
(1) Every distributor, wholesaler, dealer or retailer who desires
to become engaged in the sale or use of tobacco upon which a tax is required
to be paid shall file with the commissioner an application for a permit
to engage in such business. The application for a permit shall be
filed on blanks to be furnished by the commissioner for that purpose.
The application must be subscribed and sworn to by the person owning
the business, or having an ownership interest in the business. If
the applicant is a corporation, a duly authorized agent shall execute
the application. The application shall show the name of such person,
and in case of partnership, the name of each partner, the person's post
office address, the location of the place of business to which the permit
shall apply, and the nature of the business in which engaged, and any
other information the commissioner may require. No distributor,
wholesaler, dealer or retailer shall sell any tobacco until the application
has been filed, the prescribed permit fee paid, and the permit obtained.
Except as otherwise provided in this subsection, the permit shall
expire on January 31 of each year. However, a retail permit shall
continue in force during the time that the permit holder to whom it is
issued continues in the same business at the same location unless such
permit is revoked by the commissioner for cause or is revoked pursuant
to any provision of Section 27-70-1 et seq. , Section 75-23-1 et seq.
or the Mississippi Juvenile Tobacco Access Prevention Act in Sections
97-32-1 through 97-32-23 .
(2) An application shall be filed, and a permit obtained for each place of business owned or operated by each distributor, wholesaler, dealer or retailer.
(3) Upon receipt of the application and any permit fee provided for in this chapter, the commissioner may issue to every distributor, wholesaler, dealer or retailer, for the place of business designated, a nonassignable permit, authorizing the sale or use of tobacco in the state. The permit shall provide that it is revocable, and may be forfeited or suspended upon violation of any provision of this chapter, the Mississippi Tobacco Youth Access Prevention Act of 1997, Section 27-70-7 et seq. , Section 75-23-1 et seq. or any rule or regulation adopted by the commissioner. If the permit is revoked or suspended, the distributor, wholesaler, dealer or retailer shall not sell any tobacco from the place of business until a new permit is granted, or the suspension of the old permit removed.
(4) A permit cannot be transferred from one person to another, and the permit shall at all times be publicly displayed by the distributor, wholesaler, dealer or retailer in his place of business so as to be seen easily by the public. A permit may be refused to any person previously convicted of violations of this chapter or Section 27-70-1 et seq.
(5) Information contained on a permit may be disclosed to the holder of a wholesaler's permit, to law enforcement agencies of the federal government, state or any political subdivision of the state, and to the Attorney General and federal agencies responsible for administering tobacco laws.