“Tobacco Products?” License Required to Sell Esds?
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1 License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer? Privilege license AND (a) Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and tobacco permit required. final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter. … Privilege License (varies (b) The board, or a hearing commission appointed by the board, upon finding that a permit holder or any partner, by city size): member, employee, officer, or director of the permit holder has violated any of the laws of this state or the - 25,000 or more: $15 United States relating to the manufacture, sale, possession, or transportation of tobacco or tobacco products or AL - 10,000-25,000: $10 that the permit holder has acted in a manner prejudicial to the welfare, health, peace, temperance, and safety of - 5,000-10,000: $5 the people of the community or of the state, may upon due notice and hearing, levy administrative fines or ENDS Defined: Ala. Code § 28- - 2,000-5,000: $3 suspend or revoke the permit issued by the board, or a combination of all three. Ala. Code § 28-11-2(5) 11-7 (2019) - All other places: $2 Ala. Code § 28-11-9 Ala. Code § 40-12-72 Tobacco Permit: No fee Ala. Code § 28-11-7 Cigarettes: Cigarette The department may suspend, revoke, or refuse to renew a license issued under this chapter (1) for a negligent license and business violation of AS 11.76.100 [sales to minors], 11.76.106 [selling tobacco outside controlled access], 11.76.107 license endorsement [failure to supervise cigarette vending machine], or a violation of this chapter or a regulation of the required. department adopted under this chapter; (2) if a licensee ceases to act in the capacity for which the license was Cigarette license: $50 issued; or (3) if a licensee negligently sells tobacco or products containing tobacco to a person who is required to, /year but does not, hold a license endorsement under AS 43.70.075 or whose license endorsement under AS 43.70.075 AS § 43.50.030 has been suspended. AK ES Products defined: AS § A.S. §43.50.070 AS §11.81.900(b)(23) 43.70.075(a) Required Business License Endorsement for Retailers: $100/year AS §43.70.075 * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 2 License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer? Annual Retail Permit (a) All permits and licenses issued under this subchapter may be suspended or revoked by the Director of (Tobacco Products, Arkansas Tobacco Control for any violation of this subchapter or the rules pertaining to this subchapter. Vapor Products, Alternative Nicotine (b) The director may revoke for one (1) year all licenses or permits to deal in tobacco products of any person Products, or E-liquid who is convicted of violating this subchapter or the regulations pertaining to this subchapter a second time. Products) - $100 A.C.A § 26-57-223 AR E-Cigarette Defined: A.C.A. § 26-57- .A.C.A. § 6-21-609(a); 214 Retail Vapor Product A.C.A. §6-60-803(2) and E-liquid Product Only Permit - $50.00 A.C.A. § 26-57-219 AZ N/A N/A One-time license fee of (a) Licenses issued pursuant to this division shall be subject to suspension or revocation for violations of this $265 division or the Revenue and Taxation Code as provided in this section. Cal. Bus. & Prof. Code Cal. Bus. & Prof. Code § 22980-22983 Cal. Bus. and Prof. Code § §22973 CA 22950.5(d)(1)(B) ; Cal. Rev. & Tax. Code § Cal. Bus. & 30121(b); Cal. Health & Prof. Code §§ Safety Code § 22972 104495(8)(A) N/A N/A CO C.R.S. § 18-13-121(5) Dealer (Retailer) The commissioner may suspend or revoke the license of any distributor or unclassified importer for failure to license: $75 per year comply with any provision of this chapter or regulations related thereto or for the sale or delivery of tobacco in CT Conn. Gen. Stat. § 12- any form to a minor under eighteen years of age… Conn. Gen. Stat. § 12-330a Conn. Gen. Stat. 287 Conn. Gen. Stat. § 12-295a (effective October 1, 2019) §§ 21a-415(b) * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 3 License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer? $15 per year. (f) The Mayor may, after a hearing, suspend or revoke any license issued under this section for any violation of D.C. Code §47-2404 this chapter or of the regulations promulgated under this chapter. … DC D.C. Code §§ 47- (h) The Mayor may suspend any license issued under this section to any person convicted of a first or second D.C. Code § 47- 2401(5A); 7-1702(8) violation of D.C. Code §7-1721.02. [sales to persons under 21]. The Mayor shall revoke the license for a third 2404(a) or subsequent violation. D.C. Code §47-2404 $50 per year. The Department of Finance, after a hearing before the Secretary of Finance, may suspend or revoke a license Del.Code Ann. tit. 30, § issued pursuant to this chapter whenever it finds that the holder thereof has failed to comply with any of the 5308 provisions of this chapter or any regulations of the Department adopted pursuant to §5329 of this title. DE Del.Code Ann. tit. 30, § 5313 (A license is Del. Code Ann. tit. 30 § required to sell 5301(15) e-liquid). Dealer (Retailer) The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of License: No more than any of the provisions of this chapter, by a dealer or by a dealer’s agent or employee. The division may also assess FL $50 per year. and accept administrative fines of up to $1,000 against a dealer for each violation. Fla. Stat. Ann. §569.003 Fla. Stat. Ann. §569.006 Dealer (Retailer) Each manufacturer’s, importer’s, distributor’s, or dealer’s license shall be subject to suspension or revocation for License: $10 per year. violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. GA Ga. Code Ann. §48-11- Ga. Code Ann. § 48-11-4(c)(4) 4(c)(1) $20 per year. The department may suspend or, after hearing, revoke or decline to renew any retail tobacco permit issued Haw. Rev. Stat. Ann. § under this chapter whenever the department finds that the applicant or permittee has failed to comply with this 245-2.5 chapter or any rule adopted under this chapter, or for any other good cause. HI Haw. Rev. Stat. Ann. §245-2 Haw. Rev. Stat. §§ 323F- Haw. Rev. Stat. 34(d); 321-211; 328J-1; § 28-164 712-1258(7); 304A-122(c) * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 4 License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer? Varies by city If a person holding a permit issued by the department under this division [. ] population and month has willfully violated section 453A.2 [sales to underage persons], the department shall revoke the permit upon permit granted: notice and hearing… July-Sept: Iowa Code § 453A.22 - In places outside any city: $50. - In cities of less than 15,000: $75 - In cities of 15,000 or more: $100 IA Oct.-Dec.: Iowa Code ¾ of the above Ann. §§ maximum schedule 453A.47A(1); 453A.13(1); Jan.-March: ½ of the 453A.36 (7)(a) maximum schedule April-June: ¼ of the maximum schedule. Iowa Code §453A.13 No charge. (1) Any permittee who fails to comply with any part of this chapter, or any current state or local law or rule or Idaho Code §39-5704 regulation regarding the sale or distribution of tobacco products shall be subject to a civil penalty as provided in ID this section or have their permit suspended [. ] or both. Idaho Code §39-5708 License: $75 per year The Department may, after notice and a hearing, revoke, cancel, or suspend the license of any distributor or 35 Ill. Comp. Stat. Ann. retailer who violates any of the provisions of this Act, fails to keep books and records as required under this Act, 143/10-21 fails to make books and records available for inspection upon demand by a duly authorized employee of the IL 35 Ill. Comp. Stat. 143/10- Department, or violates a rule or regulation of the Department for the administration and enforcement of this Act.