SLS 16RS-463 ORIGINAL 2016 Regular Session SENATE BILL NO. 205 BY SENATOR CARTER COMMERCIAL REGULATIONS. Provides relative to required sales of tobacco wholesale dealers. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 26:901(34), relative to the office of alcohol and tobacco control; 3 to provide for the definition of tobacco wholesale dealers; and to provide for related 4 matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 26:901 is hereby amended and reenacted to read as follows: 7 ยง 901. Definitions 8 As used in this Chapter, the following terms have the meaning ascribed to 9 them in this Section, unless the context clearly indicates otherwise: 10 * * * 11 (34) "Wholesale dealer" means a dealer whose principal business is that of 12 a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail dealers 13 for purpose of resale, who is a bona fide wholesaler, and fifty percent of whose total 14 tobacco sales are to retail stores other than its own or those of its subsidiaries, 15 affiliates, or parent companies, within Louisiana. Wholesale dealer shall include 16 any person in the state who acquires cigarettes solely for the purpose of resale in 17 vending machines, provided such person services fifty or more cigarette vending Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 205 SLS 16RS-463 ORIGINAL 1 machines in Louisiana other than his own, and a Louisiana dealer who was affixing 2 cigarette and tobacco stamps as of January 1, 1974. If any person is engaged in the 3 business of making sales at both wholesale and retail, "wholesaler" shall apply only 4 to the wholesale portion of the business. 5 Section 2. This Act shall become effective upon signature by the governor or, if not 6 signed by the governor, upon expiration of the time for bills to become law without signature 7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 8 vetoed by the governor and subsequently approved by the legislature, this Act shall become 9 effective on the day following such approval. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Heyward Jeffers. DIGEST SB 205 Original 2016 Regular Session Carter Present law defines "wholesale dealer" as a dealer whose principal business is that of wholesaler to retail dealers for the purpose of resale, is a bona fide wholesaler, and fifty percent of whose total tobacco sales are to retail stores, other than its subsidiaries. Proposed law changes the definition of "wholesale dealer" as a dealer whose principal business is that of wholesaler to retail dealers for the purpose of resale, is a bona fide wholesaler, and fifty percent of whose total tobacco sales are to retail stores, other than its subsidiaries, affiliates or parent companies. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 26:901(34)) Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.