Current through Register Vol. 30, No. 38, September 20, 2024
A. For
the purposes of this Section, unless the context otherwise requires:
"Dealer number" means the unique number assigned by the
Department to a dealer outlet.
"Dealer outlet" means a specified location authorized to sell
licenses under a license dealer's license.
"License" means any hunting or fishing license, permit,
stamp, or tag that may be sold by a dealer or dealer outlet under this
Section.
"License dealer" means a business licensed by the Department
to sell licenses from one or more dealer outlets.
"License Dealer Portal" means the secure website provided by
the Department for issuing licenses and permits and accessing a license
dealer's account.
B. A
person shall not sell or issue licenses without authorization from the
Department. A license dealer's license authorizes a person to issue licenses on
behalf of the Department. A person is eligible to apply for a license dealer's
license, provided all of the following criteria are met:
1. The person's privilege to sell licenses
for the Department has not been revoked or canceled under A.R.S. §§
17-334,
17-338,
or
17-339
within the two calendar years immediately preceding the date of
application;
2. The person's credit
record or assets assure the Department that the value of the licenses shall be
adequately protected;
3. The person
agrees to assume financial responsibility for licenses provided by the
Department at the maximum value established under R12-4-102.
C. A person shall apply for a
license dealer's license by submitting an application to any Department office.
The application is furnished by the Department and is available at any
Department office. A license dealer license applicant shall provide all of the
following information on the application:
1.
The principal business or corporation information:
a. Name,
b. Physical address, and
c. Telephone number;
d. If not a corporation, the applicant shall
provide the information required under subsections (a), (b), and (c) for each
owner;
2. The contact
information for the person responsible for ensuring compliance with this
Section:
a. Name,
b. Business address, and
c. Business telephone number;
3. Whether the applicant has
previously sold licenses under A.R.S. §
17-334;
4. Whether the applicant is seeking renewal
of an existing license dealer's license;
5. Credit references and a statement of
assets and liabilities; and
6.
Dealer outlet information:
a. Name,
b. Physical address,
c. Telephone number, and
d. Name of the person responsible for
ensuring compliance with this Section at each dealer outlet.
D. A license dealer may
request to add dealer outlets to the license dealer's license, at any time
during the license year, by submitting the application form containing the
information required under subsection (C) to the Department and paying the fee
established under R12-4-102.
E. An
applicant who is denied a license dealer's license under this Section may
appeal to the Commission as provided under A.R.S. Title 41, Chapter 6, Article
10.
F. The Department shall:
1. Provide to the license dealer all licenses
that the license dealer will make available to the public for sale,
2. Authorize the license dealer to use the
dealer's own license stock, or
3.
Authorize the license dealer to issue licenses and permits online via the
Department's License Dealer Portal.
G. Upon receipt of licenses provided by the
Department, the license dealer shall verify the licenses received are the
licenses identified on the shipment inventory provided by the Department with
the shipment.
1. Within five working days
from receipt of shipment, the person performing the verification shall:
a. Clearly designate any discrepancies on the
shipment inventory,
b. Sign and
date the shipping inventory, and
c.
Return the signed shipping inventory to the Department.
2. The Department shall verify any
discrepancies identified by the license dealer and credit or debit the license
dealer's inventory accordingly.
H. A license dealer shall maintain an
inventory of licenses for sale to the public at each outlet.
I. A license dealer's license holder shall
transmit to the Department all collected license or permit fees established
under R12-4-102.
1. A license dealer's
license holder may collect and retain a reasonable and commensurate fee for its
services.
2. Each license dealer's
license holder shall identify to the public the Department's license fees
separately from any other costs.
J. A license dealer may
request additional licenses in writing or verbally.
1. The request shall include:
a. The name of the license dealer,
b. The assigned dealer number,
c. A list of the licenses needed,
and
d. The name of the person
making the request.
2.
Within 10 calendar days from receipt of a request, the Department shall provide
the licenses requested, unless:
a. The license
dealer failed to acknowledge licenses previously provided to the license
dealer, as required under subsection (G);
b. The license dealer failed to transmit
license fees, as required under subsection (J); or
c. The license dealer is not in compliance
with this Section and all applicable statutes and rules.
K. A license dealer shall transmit to the Department
all license fees collected by the tenth day of each month, prescribed under
A.R.S. §
17-338(A).
Failure to comply with the requirements of this subsection shall result in the
cancellation of the license dealer's license, as authorized under A.R.S. §
17-338(A).
L. A
license dealer shall submit a monthly report to the Department by the tenth day
of each month, as prescribed under A.R.S. §
17-339.
1. The monthly report form is furnished by
the Department.
2. A monthly report
is required regardless of whether or not activities were performed.
3. Failure to submit the monthly report in
compliance with this subsection shall be cause to cancel the license dealer's
license.
4. The license dealer
shall include in the monthly report all of the following information for each
outlet:
a. Name of the dealer;
b. The assigned dealer number;
c. Reporting period;
d. Number of sales and dollar amount of sales
for reporting period, by type of license sold;
e.
Debit and credit adjustments for previous reporting periods, if any;
f.
Number of affidavits received for which a duplicate license was issued under
R12-4-103;
g. List of lost or missing licenses; and
h.
Printed name and signature of the preparer.
5. In addition to the information required
under subsection (L), the license dealer shall also provide the affidavit for
each duplicate license issued by the dealer during the reporting period.
a. The affidavit is furnished by the
Department and is included in the license book.
b. A license dealer who fails to submit the
affidavit for a duplicate license issued by the license dealer shall remit to
the Department the actual cash value of the original license replaced.
L. The
Department shall provide written notice of suspension and demand the return of
all inventory within five calendar days from any license dealer who:
1. Fails to transmit monies due the
Department under A.R.S. §§
17-338
by the deadline established under subsection (J);
2. Issues to the Department more than one
check with insufficient funds during a calendar year; or
3. Otherwise fails to comply with this
Section and all applicable statutes and rules.
M. As prescribed under A.R.S. §
17-338,
the actual cash value of licenses not returned to the Department is due and
payable to the Department within 15 working days from the date the Department
provides written notice to the license dealer. This includes, but is not
limited to:
1. Licenses not returned upon
termination of business by a license dealer; or
2. Licenses reported by a dealer outlet or
discovered by the Department to be lost, missing, stolen, or destroyed for any
reason.
N. In addition
to those violations that may result in revocation, suspension, or cancellation
of a license dealer's license as prescribed under A.R.S. §§
17-334,
17-338,
and
17-339,
the Commission may revoke a license dealer's license if the license dealer or
an employee of the license dealer is convicted of counseling, aiding, or
attempting to aid any person in obtaining a fraudulent
license.
