Current through Register Vol. 30, No. 38, September 20, 2024
A. A proprietor may
permit smoking in a retail tobacco store only if the retail tobacco store meets
the definition in A.R.S. §
36-601.01(A)(10) and the requirements in A.R.S.
§
36-601.01(B)(3) and this Section.
B. The proprietor of a retail tobacco store
where smoking is permitted and that begins operating after January 1 of a
calendar year shall complete, by the retail tobacco store's first day of
operation, an affidavit that contains:
1. The
name of the proprietor of the retail tobacco store,
2. The name and address of the retail tobacco
store,
3. A statement that the
proprietor of the retail tobacco store has personal knowledge of the facts
supporting the affidavit,
4. A
statement that the retail tobacco store expects to derive at least 51 percent
of its gross income during each calendar year from the sale of tobacco products
and accessories as required by A.R.S. §
36-601.01,
5. A statement describing the documents that
contain the facts supporting the statement in subsection (B)(4),
6. The signature of the proprietor of the
retail tobacco store,
7. An Arizona
notary's signature certifying that the proprietor swore to or affirmed the
truthfulness of the statements in the affidavit, and
8. The date of the Arizona notary's
signature.
C. The
proprietor of a retail tobacco store where smoking is permitted and that has
been in operation for at least an entire calendar year shall complete, by
January 31 of each year, an affidavit that contains:
1. The name of the proprietor of the retail
tobacco store;
2. The name and
address of the retail tobacco store;
3. A statement that the proprietor of the
retail tobacco store has personal knowledge of the facts supporting the
affidavit;
4. A statement that the
retail tobacco store derived at least 51 percent of its gross income during the
previous calendar year from the sale of tobacco products and
accessories;
5. A statement
describing the documents that contain the facts supporting the statement in
subsection (C)(4), supporting documentation may include sales slips, invoices,
receipts, and deposit slips;
6. The
signature of the proprietor of the retail tobacco store;
7. An Arizona notary's signature certifying
that the proprietor swore to or affirmed the truthfulness of the statements in
the affidavit; and
8. The date of
the Arizona notary's signature.
D. If the Department or the Department's
designee receives a complaint under R9-2-109(A) about a retail tobacco store
where smoking is permitted, the proprietor of the retail tobacco store shall
provide to the Department or the Department's designee:
1. The affidavit under subsection (B) or the
most current affidavit under subsection (C), whichever is appropriate;
and
2. Documents that enable the
Department or the Department's designee to determine the percent of gross
income derived from the sale of tobacco products and accessories:
a. For the calendar quarter immediately
preceding the date of the complaint; or
b. If the retail tobacco store was not in
operation for the entire calendar quarter immediately preceding the date of the
complaint, for the period beginning on the date the retail tobacco store opened
and ending on the date of the complaint.
E. The proprietor of a retail tobacco store
where smoking is permitted shall retain on the premises of the retail tobacco
store and make available to the Department or the Department's designee upon
request:
1. The affidavit under subsection
(B) or the most current affidavit under subsection (C), whichever is
appropriate; and
2. The documents:
a. Identified under subsection (B)(5) or
subsection (C)(5), whichever is appropriate; and
b. Required under subsection
(D)(2).
