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ACT No. 143
Regular Session, 2012
HOUSE BILL NO. 1098
BY REPRESENTATIVE CHAMPAGNE
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
(2) Retail Dealer Permit: A retail dealer permit shall be issued to a dealer21
other than a wholesale dealer or vending machine operator for each retail outlet22
where cigars, cigarettes, or other tobacco products are offered for sale either over the23
counter or by vending machine.24 ENROLLEDHB NO. 1098
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(3)(2) Vending Machine Operator Permit: A vending machine operator1
permit shall be issued to a vending machine operator operating one or more vending2
machines. Licensed wholesale dealers who operate vending machines shall not be3
required to obtain a vending machine operator permit.4
(4)(3) Vending Machine Permit: A vending machine permit shall be issued5
to the vending machine operator or wholesale dealer for each vending machine he6
operates and such permit shall be affixed to the front surface of the vending machine7
in a location as designated by the commissioner.8
(5)(4) Wholesale Dealer Permit: A wholesale dealer permit shall be issued9
to a wholesale dealer for each wholesale place of business operated by the wholesale10
dealer.11
§903. Permit fees12
The fees for each registration certification or permit shall be as follows:13
(1) Retail dealer registration certificate -- $25.00 per year or any portion14
thereof.15
(2) Retail dealer permit -- $75.00 25.00 per year or any portion thereof.16
(3)(2) Vending machine operator -- $75.00 per year or any portion thereof.17
(4)(3) Vending machine -- $5.00 per machine per year or any portion18
thereof.19
(5)(4) Wholesale dealer -- $75.00 per year or any portion thereof.20
(6)(5) Tobacconist–The commissioner of alcohol and tobacco control shall21
promulgate rules to issue a single permit for bona fide Louisiana tobacconists. Such22
single permit shall allow any bona fide Louisiana tobacconist to operate as a retail23
tobacco dealer and as a wholesale tobacco dealer. Any fee assessed for such single24
tobacconist permit shall be set at the current rate in effect on August 15, 2010 one25
hundred dollars.26
§904. Registration certificate and permit terms Permit terms27
A. Except as otherwise provided in this Section, each registration certificate28
shall be valid for only one year. The commissioner may issue registration29 ENROLLEDHB NO. 1098
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certificates which are valid for two years to applicants in good standing with the1
office of alcohol and tobacco control.2
B. To provide for the even distribution of the expiration and renewal of3
tobacco product certificates, the commissioner may establish by administrative rule4
a system by which the expiration dates of the registration certificates are staggered5
throughout the year. Certificates issued may vary in length from six months to6
twenty-four months. The fee for the registration certificate shall be apportioned to7
comply with the yearly fee established in this Chapter.8
C. Except as provided in Subsection D B of this Section, each permit shall9
be valid for the designated time period unless suspended or revoked. The10
commissioner may issue permits which are valid for two years to applicants in good11
standing with the office of alcohol and tobacco control.12
D.B. To provide for the even distribution of the expiration and renewal of13
tobacco product permits, the commissioner may establish by administrative rule a14
system by which the expiration dates of the permits are staggered throughout the15
year. Permits issued may vary in length from six months to twenty-four months.16
The fee for said the permits shall be apportioned to comply with the yearly fee17
established in this Chapter.18
E.C. Prior to issuing any permits valid for more than one year, the19
commissioner shall promulgate rules in accordance with the Administrative20
Procedure Act to provide the requirements, qualifications, and conduct which21
constitutes "good standing" for purposes of qualifying for a two-year permit.22
§905. Renewal of a registration certificate or permit23
A. Persons holding registration certificates under this Chapter shall annually24
file application for renewal for the ensuing year and pay the fees in accordance with25
this Chapter. If the commissioner has authorized permits which are valid for two26
years as authorized by the provisions of R.S. 26:904, the person holding the27
certificate shall file for renewal and pay fees in accordance with this Chapter and as28
authorized by rules adopted by the commissioner pursuant to the Administrative29
Procedure Act.30 ENROLLEDHB NO. 1098
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B. If a dealer fails to file an application and pay the registration certificate1
fees by the date established by the commissioner, there shall be added to the fee, in2
addition to other penalties provided in this Chapter, a delinquency penalty of twenty-3
five percent if the failure is not more than thirty days, with an additional twenty-five4
percent for each additional thirty days or fraction thereof during which the failure5
continues. If the dealer fails to make his application by the date established by the6
commissioner, the commissioner may issue a notice of violation of this Chapter.7
C. Persons holding permits under this Chapter shall annually file application8
for renewal for the ensuing year and pay the permit fees in accordance with this9
Chapter. If the commissioner has authorized permits which are valid for two years10
as authorized by the provisions of R.S. 26:904, the person holding the certificate11
permit shall file for renewal and pay fees in accordance with this Chapter and as12
authorized by rules adopted by the commissioner pursuant to the Administrative13
Procedure Act.14
D.B. If a dealer fails to file an application and pay the permit fees by the date15
established by the commissioner, there shall be added to the fee, in addition to other16
penalties provided in this Chapter, a delinquency penalty of twenty-five percent if17
the failure is not more than thirty days, with an additional twenty-five percent for18
each additional thirty days or fraction thereof during which the failure continues. If19
the dealer fails to make his application by the date established by the commissioner,20
the commissioner may, without notice or hearing, suspend his right to possess or sell21
tobacco products.22
E.C. Renewal permits may be withheld or denied on the same grounds and23
in the same manner as an original permit.24
§906. General requirements25
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B. Application for registration certificates or permits shall be on forms27
provided by the commissioner. The application shall be signed by each person28
owning the business or having ownership interest therein. If the applicant is a29 ENROLLEDHB NO. 1098
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corporation, partnership, limited partnership, or limited liability company, a duly1
authorized agent, partner, or officer shall sign the application.2
C. The application shall be accompanied by the fees prescribed herein which3
fees shall be retained by the office to help defray the cost of printing, processing, and4
issuing the registration certificates or permits, providing server or seller training, and5
enforcement expenses of the office of alcohol and tobacco control. The office shall6
not require that annual renewal fees be paid by certified check or money order. A7
personal check or business check shall be sufficient for payment of the annual8
renewal fee to obtain a registration certification or permit by a dealer or vending9
machine operator. If the personal or business check is denied by the bank for any10
reason that makes it a nonnegotiable instrument, then the permit that was issued shall11
be considered revoked until such time as proper payment is made with cash, certified12
funds, money order, or cashier's check. Furthermore, said The maker shall lose their13
the privilege of tendering personal or business checks for renewal of tobacco14
permits.15
D. The application shall be made on forms secured from the office, and shall,16
in addition to such other information as the commissioner may require, show the true17
and correct name of such dealer, the dealer's post office address, the nature of the18
operation for which the registration certificate or permit is sought, the location of the19
place of business as to which the registration certificate or permit shall apply and the20
trade name of the business, if any.21
E. All applications for registration certificates or permits shall be mailed or22
delivered to the commissioner in Baton Rouge, Louisiana. Upon receipt of an23
application, the commissioner shall stamp the day, month, and year received.24
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§912. Registration certificate; permit Permits; necessity of display; penalties26
A. A registration certificate or permit issued under this Chapter is a personal27
privilege and cannot be transferred. If over fifty-one percent of a corporation is sold28
or transferred during the period for which a registration certificate or a permit was29
issued, a new registration certificate or permit must be applied for, and the new30 ENROLLEDHB NO. 1098
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owner must comply with the provisions set forth in this Chapter. If the holder of the1
registration certificate or permit is an association, partnership, or limited partnership,2
a change of the controlling interest shall constitute a change of ownership under this3
Chapter. If the business is physically relocated during such period, the registration4
certificate holder or permittee must notify the commissioner in writing so that proper5
change may be noted thereon.6
B. The registration certificate or permit shall at all times be publicly7
displayed by the dealer in his principal place of business so as to be easily seen by8
the public unless the dealer is solely a vending machine operator. The failure of a9
dealer or vending machine operator to publicly display his registration certificates10
or permits, as required by this Chapter, shall be grounds for the issuance of a fine or11
the withholding, suspension, or revocation of the permit.12
C. Each registration certificate or permit shall include a unique number13
assigned by the commissioner.14
D. Nothing herein shall prohibit an individual, partnership, or corporation15
otherwise qualified from obtaining multiple registration certificates or more than one16
type of permit permits.17
§913. Violation18
No person shall perform any action for which a registration certificate or19
permit is required by this Chapter unless he holds the proper registration certificate20
or permit. Each day of business which is conducted without such a valid,21
unsuspended registration certificate or permit shall constitute a separate violation of22
this Chapter.23
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§918. Civil penalties25
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B. Any fine imposed upon any registration certificate holder or permittee or27
the revocation or suspension of a permit is in addition to and is not in lieu of or a28
limitation upon any other penalty imposed by law and not contained in this Chapter.29 ENROLLEDHB NO. 1098
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§919. Administrative hearings1
A. When the commissioner holds a hearing pursuant to this Chapter, he shall2
issue a written summons or notice to the applicant or permittee, as the case may be,3
directing him to show cause why his application should not be refused or why he4
should not be assessed a penalty or why his permit should not be suspended or5
revoked. The notice or summons shall state the time, place, and hour of the hearing,6
which shall be not less than ten nor more than thirty calendar days from the day of7
the notice. The notice or summons shall enumerate the cause or causes alleged for8
refusing the application or for assessing the penalty or suspending or revoking the9
permit. If a petition has been filed opposing the issuance of the permit or asking for10
its suspension or revocation, a copy of the petition shall accompany the notice or11
summons. All notices or summonses shall be sent by certified mail to the applicant ,12
registration certificate holder, or permittee and directed to him at the address of his13
place of business as given in his application for the permit. When so addressed and14
mailed, notices or summonses shall be presumed to have been received by the15
applicant or permittee.16
* * *17
E. If a registration certificate holder, permittee, or applicant who has been18
notified of a hearing does not appear, the hearing may proceed without him and the19
commissioner may consider and dispose of the case, but in all cases the20
commissioner, upon application or ex proprio motu, may grant continuances from21
time to time. If the continuance be granted to fix a future date by written consent or22
in the presence of the permittee, registration certificate holder, or applicant, or his23
counsel, no further notice of the hearing date need be given. In all other cases the24
same notice of hearing as in original hearing shall be given.25
F. In hearings of the commissioner which finally result in withholding the26
issuance of a registration certificate or permit or in suspending or revoking a permit,27
the commissioner shall assess the costs of the hearing to the applicant or permittee.28
The costs are recoverable by the commissioner in any appellate proceeding instituted29 ENROLLEDHB NO. 1098
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by the applicant or permittee or in any other judicial proceeding where the1
commissioner is successful.2
Section 2. R.S. 26:907 and 915 are hereby repealed in their entirety.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: