HLS 10RS-1287 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 416
BY REPRESENTATIVE SAM JONES
SALES/TOBACCO TRADE: Provides with respect to tobacco products
AN ACT1
To amend and reenact R.S. 26:903, 911(B)(3), 932(8), and 939(B), to enact R.S. 26:901(18),2
and to repeal R.S. 26:909(E), relative to tobacco products; to provide for fees3
applicable to wholesale tobacco dealers and wholesale tobacconists; to provide for4
definitions; to provide for requirements of eligibility; to provide for prohibitions; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 26:903, 911(B)(3), 932(8), and 939(B) are hereby amended and8
reenacted and R.S. 26:901(18) is hereby enacted to read as follows: 9
§901. Definitions10
* * *11
(18) "Wholesale tobacconist" means any bona fide tobacconist engaged in12
receiving bulk smoking tobacco for the purpose of blending such tobacco for retail13
sale at a particular retail outlet where fifty percent or more of the total purchases for14
the preceding twelve months were purchases of tobacco products, excluding15
cigarettes.16
* * *17
§903. Permit fees18
The fees for each registration certification or permit shall be as follows:19
(1) Retail dealer registration certificate -- $25.00 per year or any portion20
thereof.21
(2) (1) Retail dealer permit -- $75.00 per year or any portion thereof.22
(3) (2) Vending machine operator -- $75.00 per year or any portion thereof.23 HLS 10RS-1287 ORIGINAL
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(4) (3) Vending machine -- $5.00 per machine per year or any portion1
thereof.2
(5) (4) Wholesale dealer -- $75.00 $1,000 per year or any portion thereof.3
(5) Wholesale tobacconist– $150.00 per year or any portion thereof.4
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§911. Acts prohibited6
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B.8
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(3)(a) Notwithstanding Paragraphs (B)(1) and (2), any tobacconist at a10
particular retail outlet as defined in Subparagraph (B)(3)(b) may purchase tobacco11
products for such retail outlet from any manufacturer, wholesale dealer, if such12
dealer has a valid, unsuspended certificate or permit, or other supplier. or other13
supplier, if such dealer has a valid wholesale tobacconist permit. Nothing in this14
Paragraph shall allow the holder of a wholesale tobacconist permit to purchase15
tobacco products, other than bulk smoking tobacco, from any dealer other than a16
properly permitted wholesale dealer.17
(b) "Tobacconist at a particular outlet" for purposes of this Paragraph means18
a retail dealer engaged in receiving bulk smoking tobacco for the purpose of19
blending such tobacco for retail sale at a particular retail outlet where fifty percent20
or more of the total purchases for the preceding twelve months were purchases of21
tobacco products, excluding cigarettes. No dealer who holds a wholesale tobacconist22
permit shall act as a wholesale dealer for purposes of resale and shall only sell23
tobacco products to consumers at retail.24
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§932. Definitions26
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(8) "Wholesale Tobacconist" means a retail dealer bona fide tobacconist28
engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco29 HLS 10RS-1287 ORIGINAL
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for retail sale at a particular retail outlet where fifty percent or more of the total1
purchases for the preceding twelve months were purchases of tobacco products,2
excluding cigarettes.3
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§939. Applicability5
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B. The provisions of this Chapter shall not apply to any tobacco wholesale7
dealer or wholesale tobacconist.8
Section 2. R.S. 26:909(E) is hereby repealed in its entirety.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Sam Jones HB No. 416
Abstract: Provides for amendments to provisions regarding tobacconists and wholesale
tobacco dealers.
Present law defines "tobacconist" and "tobacconist at a particular retail outlet".
Proposed law repeals the definition of "tobacconist at a particular retail outlet" and provides
for a definition of "wholesale tobacconist".
Present law (R.S. 26:903) provides for a retail dealer registration certificate fee of $25 per
year.
Proposed law eliminates the retail dealer registration certificate fee contained in present law.
Present law provides that the permit fee for a wholesale tobacco dealer is $75 per year or any
portion of a year.
Proposed law changes the fee from $75 to $1,000.
Proposed law adds a fee of $150 per year for a wholesale tobacconist permit.
Proposed law prohibits holders of wholesale tobacconist permits from purchasing tobacco
products, except bulk smoking tobacco, from any dealer other than a properly permitted
wholesale dealer.
Proposed law prohibits wholesale dealers from acting as wholesalers for resale purposes.
(Amends R.S. 26:903, 911(B)(3), 932(8), and 939(B); Adds R.S. 26:901(18); Repeals R.S.
26:909(E))