77-4009. License required; when; application; contents.

341 words·~2 min read·/ne/chapter-77/77-4009

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Each first owner of tobacco products to be sold in this state shall be licensed by the Tax Commissioner. Every application for such license shall be made on a form prescribed by the Tax Commissioner. The application shall include:

(a)The name and address of the applicant or, if the applicant is a firm, partnership, limited liability company, or association, the name and address of each of its members or, if the applicant is a corporation, the name and address of each of its officers and the address of its principal place of business;

(b)the location of the place of business to be licensed; and

(c)such other information as the Tax Commissioner may require for the purpose of administering the Tobacco Products Tax Act.

(2)A person outside of this state who ships or transports tobacco products to any person in this state to be sold in this state may make application for a license and be granted such a license by the Tax Commissioner. If a license is granted, such person shall be subject to the Tobacco Products Tax Act and shall be entitled to act as a licensee. A person outside this state who receives a license shall have established sufficient contact with this state for the exercise of personal jurisdiction over the person in any matter or issue arising under the act.

(3)A person outside of this state who makes remote retail sales of covered tobacco products to consumers in this state shall make application for a license and be granted such a license by the Tax Commissioner. If a license is granted, such person shall be subject to the Tobacco Products Tax Act after making one hundred thousand dollars in sales or two hundred separate sales transactions of covered tobacco products in the preceding or current calendar year. A person outside this state who receives a license shall have established sufficient contact with this state for the exercise of personal jurisdiction over the person in any matter or issue arising under the act.