HLS 12RS-1254 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 1098
BY REPRESENTATIVE CHAMPAGNE
SALES/TOBACCO LICENSE: Establishes one permit for tobacco retail dealers by
eliminating the tobacco registration certificate
AN ACT1
To amend and reenact R.S. 26:902 through 905, 906(B), (C), (D), and (E), 912, 913, 918(B),2
and 919(A), (E), and (F) and to repeal R.S. 26:907 and 915, relative to tobacco3
product permits for retail dealers; to eliminate requirements relative to registration4
certificates for tobacco retail dealers and all references thereto; to provide for a5
single class of permits for tobacco retail dealers; to provide for a decrease in retail6
dealer permit fees; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 26:902 through 905, 906(B), (C), (D), and (E), 912, 913, 918(B), and9
919(A), (E), and (F) are hereby amended and reenacted to read as follows: 10
§902. Registration certificates; permits Permits11
The commissioner shall issue as authorized by this Section the following12
types of certificates permits and shall adopt rules and regulations that specify the13
identifying information that is required to appear on the face of each type of14
certificate or permit:15
(1) Retail Dealer Registration Certificate: A retail dealer registration16
certificate shall be issued to any dealer, not otherwise required by this Chapter to17
obtain a permit, other than a wholesale dealer or vending machine operator for each18
retail outlet where cigars, cigarettes, or the tobacco products are offered for sale19
either over the counter or by vending machine.20 HLS 12RS-1254 ORIGINAL
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(2) Retail Dealer Permit: A retail dealer permit shall be issued to a dealer1
other than a wholesale dealer or vending machine operator for each retail outlet2
where cigars, cigarettes, or other tobacco products are offered for sale either over the3
counter or by vending machine.4
(3)(2) Vending Machine Operator Permit: A vending machine operator5
permit shall be issued to a vending machine operator operating one or more vending6
machines. Licensed wholesale dealers who operate vending machines shall not be7
required to obtain a vending machine operator permit.8
(4)(3) Vending Machine Permit: A vending machine permit shall be issued9
to the vending machine operator or wholesale dealer for each vending machine he10
operates and such permit shall be affixed to the front surface of the vending machine11
in a location as designated by the commissioner.12
(5)(4) Wholesale Dealer Permit: A wholesale dealer permit shall be issued13
to a wholesale dealer for each wholesale place of business operated by the wholesale14
dealer.15
§903. Permit fees16
The fees for each registration certification or permit shall be as follows:17
(1) Retail dealer registration certificate -- $25.00 per year or any portion18
thereof.19
(2) Retail dealer permit -- $75.00 25.00 per year or any portion thereof.20
(3)(2) Vending machine operator -- $75.00 per year or any portion thereof.21
(4)(3) Vending machine -- $5.00 per machine per year or any portion22
thereof.23
(5)(4) Wholesale dealer -- $75.00 per year or any portion thereof.24
(6)(5) Tobacconist–The commissioner of alcohol and tobacco control shall25
promulgate rules to issue a single permit for bona fide Louisiana tobacconists. Such26
single permit shall allow any bona fide Louisiana tobacconist to operate as a retail27
tobacco dealer and as a wholesale tobacco dealer. Any fee assessed for such single28
tobacconist permit shall be set at the current rate in effect on August 15, 2010.29 HLS 12RS-1254 ORIGINAL
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§904. Registration certificate and permit terms Permit terms1
A. Except as otherwise provided in this Section, each registration certificate2
shall be valid for only one year. The commissioner may issue registration3
certificates which are valid for two years to applicants in good standing with the4
office of alcohol and tobacco control.5
B. To provide for the even distribution of the expiration and renewal of6
tobacco product certificates, the commissioner may establish by administrative rule7
a system by which the expiration dates of the registration certificates are staggered8
throughout the year. Certificates issued may vary in length from six months to9
twenty-four months. The fee for the registration certificate shall be apportioned to10
comply with the yearly fee established in this Chapter.11
C. Except as provided in Subsection D B of this Section, each permit shall12
be valid for the designated time period unless suspended or revoked. The13
commissioner may issue permits which are valid for two years to applicants in good14
standing with the office of alcohol and tobacco control.15
D.B. To provide for the even distribution of the expiration and renewal of16
tobacco product permits, the commissioner may establish by administrative rule a17
system by which the expiration dates of the permits are staggered throughout the18
year. Permits issued may vary in length from six months to twenty-four months.19
The fee for said the permits shall be apportioned to comply with the yearly fee20
established in this Chapter.21
E.C. Prior to issuing any permits valid for more than one year, the22
commissioner shall promulgate rules in accordance with the Administrative23
Procedure Act to provide the requirements, qualifications, and conduct which24
constitutes "good standing" for purposes of qualifying for a two-year permit.25
§905. Renewal of a registration certificate or permit26
A. Persons holding registration certificates under this Chapter shall annually27
file application for renewal for the ensuing year and pay the fees in accordance with28
this Chapter. If the commissioner has authorized permits which are valid for two29 HLS 12RS-1254 ORIGINAL
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years as authorized by the provisions of R.S. 26:904, the person holding the1
certificate shall file for renewal and pay fees in accordance with this Chapter and as2
authorized by rules adopted by the commissioner pursuant to the Administrative3
Procedure Act.4
B. If a dealer fails to file an application and pay the registration certificate5
fees by the date established by the commissioner, there shall be added to the fee, in6
addition to other penalties provided in this Chapter, a delinquency penalty of twenty-7
five percent if the failure is not more than thirty days, with an additional twenty-five8
percent for each additional thirty days or fraction thereof during which the failure9
continues. If the dealer fails to make his application by the date established by the10
commissioner, the commissioner may issue a notice of violation of this Chapter.11
C. Persons holding permits under this Chapter shall annually file application12
for renewal for the ensuing year and pay the permit fees in accordance with this13
Chapter. If the commissioner has authorized permits which are valid for two years14
as authorized by the provisions of R.S. 26:904, the person holding the certificate15
shall file for renewal and pay fees in accordance with this Chapter and as authorized16
by rules adopted by the commissioner pursuant to the Administrative Procedure Act.17
D.B. If a dealer fails to file an application and pay the permit fees by the date18
established by the commissioner, there shall be added to the fee, in addition to other19
penalties provided in this Chapter, a delinquency penalty of twenty- five percent if20
the failure is not more than thirty days, with an additional twenty-five percent for21
each additional thirty days or fraction thereof during which the failure continues. If22
the dealer fails to make his application by the date established by the commissioner,23
the commissioner may, without notice or hearing, suspend his right to possess or sell24
tobacco products.25
E.C. Renewal permits may be withheld or denied on the same grounds and26
in the same manner as an original permit.27 HLS 12RS-1254 ORIGINAL
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§906. General requirements1
* * *2
B. Application for registration certificates or permits shall be on forms3
provided by the commissioner. The application shall be signed by each person4
owning the business or having ownership interest therein. If the applicant is a5
corporation, partnership, limited partnership, or limited liability company, a duly6
authorized agent, partner, or officer shall sign the application.7
C. The application shall be accompanied by the fees prescribed herein which8
fees shall be retained by the office to help defray the cost of printing, processing, and9
issuing the registration certificates or permits, providing server or seller training, and10
enforcement expenses of the office of alcohol and tobacco control. The office shall11
not require that annual renewal fees be paid by certified check or money order. A12
personal check or business check shall be sufficient for payment of the annual13
renewal fee to obtain a registration certification or permit by a dealer or vending14
machine operator. If the personal or business check is denied by the bank for any15
reason that makes it a nonnegotiable instrument, then the permit that was issued shall16
be considered revoked until such time as proper payment is made with cash, certified17
funds, money order, or cashier's check. Furthermore, said The maker shall lose their18
the privilege of tendering personal or business checks for renewal of tobacco19
permits.20
D. The application shall be made on forms secured from the office, and shall,21
in addition to such other information as the commissioner may require, show the true22
and correct name of such dealer, the dealer's post office address, the nature of the23
operation for which the registration certificate or permit is sought, the location of the24
place of business as to which the registration certificate or permit shall apply and the25
trade name of the business, if any.26 HLS 12RS-1254 ORIGINAL
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E. All applications for registration certificates or permits shall be mailed or1
delivered to the commissioner in Baton Rouge, Louisiana. Upon receipt of an2
application, the commissioner shall stamp the day, month, and year received.3
* * *4
§912. Registration certificate; permit Permits; necessity of display; penalties5
A. A registration certificate or permit issued under this Chapter is a personal6
privilege and cannot be transferred. If over fifty-one percent of a corporation is sold7
or transferred during the period for which a registration certificate or a permit was8
issued, a new registration certificate or permit must be applied for, and the new9
owner must comply with the provisions set forth in this Chapter. If the holder of the10
registration certificate or permit is an association, partnership, or limited partnership,11
a change of the controlling interest shall constitute a change of ownership under this12
Chapter. If the business is physically relocated during such period, the registration13
certificate holder or permittee must notify the commissioner in writing so that proper14
change may be noted thereon.15
B. The registration certificate or permit shall at all times be publicly16
displayed by the dealer in his principal place of business so as to be easily seen by17
the public unless the dealer is solely a vending machine operator. The failure of a18
dealer or vending machine operator to publicly display his registration certificates19
or permits, as required by this Chapter, shall be grounds for the issuance of a fine or20
the withholding, suspension, or revocation of the permit.21
C. Each registration certificate or permit shall include a unique number22
assigned by the commissioner.23
D. Nothing herein shall prohibit an individual, partnership, or corporation24
otherwise qualified from obtaining multiple registration certificates or more than one25
type of permit permits.26
§913. Violation27
No person shall perform any action for which a registration certificate or28
permit is required by this Chapter unless he holds the proper registration certificate29 HLS 12RS-1254 ORIGINAL
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or permit. Each day of business which is conducted without such a valid,1
unsuspended registration certificate or permit shall constitute a separate violation of2
this Chapter.3
* * *4
§918. Civil penalties5
* * *6
B. Any fine imposed upon any registration certificate holder or permittee or7
the revocation or suspension of a permit is in addition to and is not in lieu of or a8
limitation upon any other penalty imposed by law and not contained in this Chapter.9
§919. Administrative hearings10
A. When the commissioner holds a hearing pursuant to this Chapter, he shall11
issue a written summons or notice to the applicant or permittee, as the case may be,12
directing him to show cause why his application should not be refused or why he13
should not be assessed a penalty or why his permit should not be suspended or14
revoked. The notice or summons shall state the time, place, and hour of the hearing,15
which shall be not less than ten nor more than thirty calendar days from the day of16
the notice. The notice or summons shall enumerate the cause or causes alleged for17
refusing the application or for assessing the penalty or suspending or revoking the18
permit. If a petition has been filed opposing the issuance of the permit or asking for19
its suspension or revocation, a copy of the petition shall accompany the notice or20
summons. All notices or summonses shall be sent by certified mail to the applicant ,21
registration certificate holder, or permittee and directed to him at the address of his22
place of business as given in his application for the permit. When so addressed and23
mailed, notices or summonses shall be presumed to have been received by the24
applicant or permittee.25
* * *26
E. If a registration certificate holder, permittee, or applicant who has been27
notified of a hearing does not appear, the hearing may proceed without him and the28
commissioner may consider and dispose of the case, but in all cases the29 HLS 12RS-1254 ORIGINAL
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commissioner, upon application or ex proprio motu, may grant continuances from1
time to time. If the continuance be granted to fix a future date by written consent or2
in the presence of the permittee, registration certificate holder, or applicant, or his3
counsel, no further notice of the hearing date need be given. In all other cases the4
same notice of hearing as in original hearing shall be given.5
F. In hearings of the commissioner which finally result in withholding the6
issuance of a registration certificate or permit or in suspending or revoking a permit,7
the commissioner shall assess the costs of the hearing to the applicant or permittee.8
The costs are recoverable by the commissioner in any appellate proceeding instituted9
by the applicant or permittee or in any other judicial proceeding where the10
commissioner is successful.11
Section 2. R.S. 26:907 and 915 are hereby repealed in their entirety.12
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)]
Champagne HB No. 1098
Abstract: Establishes one permit for tobacco retail dealers by eliminating the tobacco
registration certificate.
Present law requires the commissioner to issue certificates and to adopt rules and regulations
that provides identifying information on the face of the certificate or permit.
Proposed law retains present law except that it removes the requirement relative to a
registration certificate.
Present law provides for a retail dealer registration certificate to be issued to any dealer,
other than a wholesale dealer or vending machine operator for each retail outlet where
cigars, cigarettes, or the tobacco products are offered for sale either over the counter or by
vending machine.
Proposed law deletes present law.
Present law provides for fees relative to registration certification or permit for each year or
any portion thereof as follows:
(1)$25 for a retail dealer registration certificate.
(2)$75 for a retail dealer permit.
(3)$5 for a vending machine. HLS 12RS-1254 ORIGINAL
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(4)$75 for a wholesale dealer.
(5)Requires the commissioner of the ATC to promulgate rules to issue a single permit
for bona fide La. tobacconists, which allows the tobacconist to operate as a retail
tobacco dealer and as a wholesale tobacco dealer and any fee assessed will be set at
the current rate in effect on Aug. 15, 2010.
Proposed law retains present law except that it deletes the retail dealer registration certificate
fee and changes the retail dealer permit fee from $75 to $25.
Present law requires that each registration certificate is valid for only one year and
authorizes the commissioner to issue registration certificates that are valid for two years if
the applicant is in good standing with the ATC.
Proposed law deletes present law.
Present law authorizes the commissioner to establish by administrative rule, a system by
which the expiration dates of the registration certificates are staggered throughout the year
and allows the certificates to vary in length from six months to 24 months.
Proposed law deletes present law.
Present law provides that any person holding registration certificates to annually file
applications for renewal for the ensuing year and pay the fees in accordance with present law
and if the commissioner authorized permits that were valid for two years, the certificate
holder shall file for renewal and pay fees in accordance with the rules adopted by the
commissioner pursuant to the Administrative Procedure Act.
Proposed law deletes present law.
Present law requires a delinquency penalty of 25% if the registration certificate fees are not
more than 30 days past the established date for payment and an additional 25% for each
additional 30 days the payment of fees are not paid and a notice of violation may be issued
by the commissioner.
Proposed law deletes present law.
Present law provides for general requirements, violations, and civil penalties relative to
registration certificates or permits.
Proposed law retains present law except all references to registration certificates are deleted
from present law.
(Amends R.S. 26:902 through 905, 906(B), (C), (D), and (E), 912, 913, 918(B), and 919(A),
(E), and (F); Repeals R.S. 26:907 and 915)