LD 2093
pg. 3
Page 2 of 9 An Act To Strengthen the Collection of the Tax on Tobacco Products Page 4 of 9
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LR 3250
Item 1

 
C. A distributor that sells at wholesale or retail, offers
for sale at wholesale or retail or possesses with intent to
sell at wholesale or retail any tobacco product without
holding a distributor's license issued by the assessor
pursuant to this section commits a civil violation for which
a fine of not less than $250 and not more than $500 must be
adjudged.

 
D.__A distributor that violates paragraph C after having
been previously adjudicated as violating paragraph C commits
a civil violation for which a fine of not less than $500 and
not more than $1,000 must be adjudged for each subsequent
violation.

 
5.__Revocation or suspension.__The assessor may revoke or
suspend the license of any distributor for failure to comply with
any provision of this chapter or if the person no longer imports
or sells tobacco products. A person aggrieved by a revocation or
suspension may petition the assessor for a hearing as provided in
section 151.

 
6.__License directory maintained.__The assessor shall maintain
a directory of distributors licensed pursuant to this chapter.__
The assessor shall update the directory as necessary, but not
less than annually.__Notwithstanding the provisions of section
191, the list must be available to the public and must be posted
on a publicly accessible website maintained by the assessor.__The
directory must be mailed annually to all retailers at or near the
time of renewal of a retail tobacco license issued under Title
22, section 1551-A.

 
7.__Notification.__A licensed distributor that does not renew
or maintain a license, or that has its license suspended or
revoked, shall inform in writing all its accounts in this State
that it no longer holds a valid license under this section. The
licensed distributor shall inform its accounts in this State
within 10 business days of the event giving rise to such notice.__
Notwithstanding the provisions of section 191, the assessor may
publish the names of distributors that have not renewed or
maintained a license or that have had a license suspended or
revoked.

 
Sec. 8. 36 MRSA §4403, sub-§§1 and 2, as amended by PL 2005, c. 457,
Pt. AA, §6 and affected by §8, are further amended to read:

 
1. Smokeless tobacco. A tax is imposed on all smokeless
tobacco, including chewing tobacco and snuff, at the rate of 78%
of the wholesale sales price beginning October 1, 2005.


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