LD 1236
pg. 4
Page 3 of 5 An Act To Regulate the Delivery Sales of Cigarettes and To Prevent the Sale of ... Page 5 of 5
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LR 1230
Item 1

 
6.__Reporting requirement.__No later than the 10th day of each
calendar month, each distributor that has made a delivery sale
or shipped or delivered cigarettes in connection with any sale
during the previous calendar month shall file with the
department a memorandum or a copy of the invoice that provides
for each delivery sale:

 
A.__The name and address of the individual to whom that
delivery sale was made;

 
B.__The brand or brands of the cigarettes that were sold
in the delivery sale; and

 
C.__The quantity of cigarettes that was sold in the
delivery sale.

 
A distributor that meets the requirements of 15 United States
Code, Section 376 (1955) satisfies the requirements of this
subsection.

 
7.__Collection of taxes.__A distributor making a delivery
sale shall collect and remit to the Department of
Administrative and Financial Services, Bureau of Revenue
Services any taxes levied by the State with respect to the
delivery sale pursuant to Title 36, section 4366-A, except
that collection and remission is not required if the
distributor has obtained proof in the form of applicable tax
stamps or otherwise that the taxes already have been paid to
the State.

 
8.__Unpaid tax.__A distributor who fails to pay any tax due
pursuant to subsection 7 shall pay, in addition to any other
penalty, a penalty of 50% of the tax due but unpaid.

 
9.__Forfeiture.__Any cigarettes sold or attempted to be sold
in a delivery sale that does not meet the requirements of this
chapter must be forfeited to the State and destroyed pursuant
to Title 36, section 4372-A.

 
10.__Civil violations.__The following violations are civil
penalties.

 
A.__A person may not violate this section or rules adopted
pursuant to this chapter.__A person who violates this
paragraph commits a civil violation and is subject to the
following fines:

 
(1)__For the first violation, a fine of not more than
$1,000 may be adjudged; and


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