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149.045. Common carriers and warehousemen, duties of--damaged cigarettes, how handled

1. The right of a common carrier in this state to carry unstamped cigarettes shall not be affected by this chapter.  However, should any common carrier sell cigarettes to its passengers while being carried in this state, the sale shall be subject to the tax levied hereunder, and to the rules and regulations of the director.
2. Common carriers transporting cigarettes to a point within this state, or a bonded warehouseman or bailee having possession of cigarettes, are hereby required to transmit to the director, on forms and in the manner and time provided by him, a statement of the consignment of cigarettes showing the date, point of origin, point of delivery, to whom delivery was made, the amount of cigarettes refused by any consignee   1 and all the cigarettes returned to the manufacturer.  Failure of carriers to file the reports shall make the carrier liable for any unpaid tax on the cigarettes.  Cigarettes damaged in transit may be sold by the carrier when the cigarettes are refused by the consignee   1 if the carrier first obtains written authority of the director for the sale and pays the tax due thereon.  Cigarettes damaged in transit which have been refused by the consignee   1 and not sold or returned to the manufacturer shall be destroyed in the presence of an agent of the director and the tax on the cigarettes shall be waived.  Any consignee   1 who discovers a shortage in transit after signing a receipt of delivery shall be held responsible for the full tax on the total amount of cigarettes shown on the receipt of delivery.  In all other instances of shortage in shipment of cigarettes as evidenced by waybill or invoice, the carrier shall be held liable for the tax due on all missing cigarettes unless the carrier shall furnish proof satisfactory to the director that the cause of the shortage was due to the theft of the cigarettes by a person outside of the employment of the carrier.  Provided, the proof is satisfactory to the director, the tax on the missing cigarettes shall be waived.  The proof shall be stated on forms furnished and prescribed by the director.

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