§ 44-20-4.1 License availability. –(a) No license under this chapter may be granted, maintained or renewed if theapplicant, or any combination of persons owning directly or indirectly, in theaggregate, more than ten percent (10%) of the ownership interests in theapplicant:
(1) Owes five hundred dollars ($500) or more in delinquentcigarette taxes;
(2) Had a license under this chapter revoked by theadministrator within the past two (2) years;
(3) Has been convicted of a crime relating to cigarettesstolen or counterfeit cigarettes;
(4) Is a cigarette manufacturer or importer that is neither:(i) a participating manufacturer as defined in subsection II (jj) of the"Master Settlement Agreement" as defined in § 23-71-2; nor (ii) in fullcompliance with chapter 20.2 of this title and § 23-71-3;
(5) Has imported, or caused to be imported, into the UnitedStates any cigarette in violation of 19 U.S.C. § 1681a; or
(6) Has imported, or caused to be imported into the UnitedStates, or manufactured for sale or distribution in the United States anycigarette that does not fully comply with the Federal Cigarette Labeling andAdvertising Act (15 U.S.C. § 1331, et. seq).
(b) No person shall apply for a new license or permit (asdefined in § 44-19-1) or renewal of a license or permit, and no license orpermit shall be issued or renewed for any person, unless all outstanding fines,fees or other charges relating to any license or permit held by that personhave been paid.
(2) No license or permit shall be issued relating to abusiness at any specific location until all prior licenses or permits relatingto that location have been officially terminated and all fines, fees or chargesrelating to the prior licenses have been paid or otherwise resolved or theadministrator has found that the person applying for the new license or permitis not acting as an agent for the prior licensee or permit holder who issubject to any such related fines, fees or charges that are still due. Evidenceof such agency status includes, but is not limited to, a direct familialrelationship and/or an employment, contractual or other formal financial orbusiness relationship with the prior licensee or permit holder.
(3) No person shall apply for a new license or permitpertaining to a specific location in order to evade payment of any fines, feesor other charges relating to a prior license or permit for that location.
(4) No new license or permit shall be issued for a businessat a specific location for which a license or permit already has been issuedunless there is a bona fide, good faith change in ownership of the business atthat location.
(5) No license or permit shall be issued, renewed ormaintained for any person, including the owners of the business being licensedor having applied and received a permit, that has been convicted of violatingany criminal law relating to tobacco products, the payment of taxes or fraud orhas been ordered to pay civil fines of more than twenty-five thousand dollars($25,000) dollars for violations of any civil law relating to tobacco products,the payment of taxes or fraud.
§ 44-20-4.1 License availability. –(a) No license under this chapter may be granted, maintained or renewed if theapplicant, or any combination of persons owning directly or indirectly, in theaggregate, more than ten percent (10%) of the ownership interests in theapplicant:
(1) Owes five hundred dollars ($500) or more in delinquentcigarette taxes;
(2) Had a license under this chapter revoked by theadministrator within the past two (2) years;
(3) Has been convicted of a crime relating to cigarettesstolen or counterfeit cigarettes;
(4) Is a cigarette manufacturer or importer that is neither:(i) a participating manufacturer as defined in subsection II (jj) of the"Master Settlement Agreement" as defined in § 23-71-2; nor (ii) in fullcompliance with chapter 20.2 of this title and § 23-71-3;
(5) Has imported, or caused to be imported, into the UnitedStates any cigarette in violation of 19 U.S.C. § 1681a; or
(6) Has imported, or caused to be imported into the UnitedStates, or manufactured for sale or distribution in the United States anycigarette that does not fully comply with the Federal Cigarette Labeling andAdvertising Act (15 U.S.C. § 1331, et. seq).
(b) No person shall apply for a new license or permit (asdefined in § 44-19-1) or renewal of a license or permit, and no license orpermit shall be issued or renewed for any person, unless all outstanding fines,fees or other charges relating to any license or permit held by that personhave been paid.
(2) No license or permit shall be issued relating to abusiness at any specific location until all prior licenses or permits relatingto that location have been officially terminated and all fines, fees or chargesrelating to the prior licenses have been paid or otherwise resolved or theadministrator has found that the person applying for the new license or permitis not acting as an agent for the prior licensee or permit holder who issubject to any such related fines, fees or charges that are still due. Evidenceof such agency status includes, but is not limited to, a direct familialrelationship and/or an employment, contractual or other formal financial orbusiness relationship with the prior licensee or permit holder.
(3) No person shall apply for a new license or permitpertaining to a specific location in order to evade payment of any fines, feesor other charges relating to a prior license or permit for that location.
(4) No new license or permit shall be issued for a businessat a specific location for which a license or permit already has been issuedunless there is a bona fide, good faith change in ownership of the business atthat location.
(5) No license or permit shall be issued, renewed ormaintained for any person, including the owners of the business being licensedor having applied and received a permit, that has been convicted of violatingany criminal law relating to tobacco products, the payment of taxes or fraud orhas been ordered to pay civil fines of more than twenty-five thousand dollars($25,000) dollars for violations of any civil law relating to tobacco products,the payment of taxes or fraud.
§ 44-20-4.1 License availability. –(a) No license under this chapter may be granted, maintained or renewed if theapplicant, or any combination of persons owning directly or indirectly, in theaggregate, more than ten percent (10%) of the ownership interests in theapplicant:
(1) Owes five hundred dollars ($500) or more in delinquentcigarette taxes;
(2) Had a license under this chapter revoked by theadministrator within the past two (2) years;
(3) Has been convicted of a crime relating to cigarettesstolen or counterfeit cigarettes;
(4) Is a cigarette manufacturer or importer that is neither:(i) a participating manufacturer as defined in subsection II (jj) of the"Master Settlement Agreement" as defined in § 23-71-2; nor (ii) in fullcompliance with chapter 20.2 of this title and § 23-71-3;
(5) Has imported, or caused to be imported, into the UnitedStates any cigarette in violation of 19 U.S.C. § 1681a; or
(6) Has imported, or caused to be imported into the UnitedStates, or manufactured for sale or distribution in the United States anycigarette that does not fully comply with the Federal Cigarette Labeling andAdvertising Act (15 U.S.C. § 1331, et. seq).
(b) No person shall apply for a new license or permit (asdefined in § 44-19-1) or renewal of a license or permit, and no license orpermit shall be issued or renewed for any person, unless all outstanding fines,fees or other charges relating to any license or permit held by that personhave been paid.
(2) No license or permit shall be issued relating to abusiness at any specific location until all prior licenses or permits relatingto that location have been officially terminated and all fines, fees or chargesrelating to the prior licenses have been paid or otherwise resolved or theadministrator has found that the person applying for the new license or permitis not acting as an agent for the prior licensee or permit holder who issubject to any such related fines, fees or charges that are still due. Evidenceof such agency status includes, but is not limited to, a direct familialrelationship and/or an employment, contractual or other formal financial orbusiness relationship with the prior licensee or permit holder.
(3) No person shall apply for a new license or permitpertaining to a specific location in order to evade payment of any fines, feesor other charges relating to a prior license or permit for that location.
(4) No new license or permit shall be issued for a businessat a specific location for which a license or permit already has been issuedunless there is a bona fide, good faith change in ownership of the business atthat location.
(5) No license or permit shall be issued, renewed ormaintained for any person, including the owners of the business being licensedor having applied and received a permit, that has been convicted of violatingany criminal law relating to tobacco products, the payment of taxes or fraud orhas been ordered to pay civil fines of more than twenty-five thousand dollars($25,000) dollars for violations of any civil law relating to tobacco products,the payment of taxes or fraud.
