Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 15 - Cigarette Tax
Part 1 - Cigarette Tax (280-RICR-20-15-1)
Section 280-RICR-20-15-1.8 - License Availability
Universal Citation: 280 RI Code of Rules 20 15 1.8
Current through September 18, 2024
A. No license may be granted, maintained or renewed if the applicant, or any combination of persons owning directly or indirectly any interests in the applicant:
1. Owes five hundred dollars ($500) or more
in delinquent cigarette taxes;
2.
Is delinquent in any tax filings for one month or more;
3. Had a license under R.I. Gen. Laws Chapter
44-20 revoked by the Tax Administrator within the past two (2) years;
4. Has been convicted of a crime relating to
cigarettes stolen or counterfeit cigarettes;
5. Is a cigarette manufacturer or importer
that is neither:
a. a participating
manufacturer as defined in §
1.2 of this Part.
b. of the "Master Settlement Agreement" as
defined in R.I. Gen. Laws §
23-71-2;
nor
c. in full compliance with R.I.
Gen. Laws Chapter 44-20.2 and R.I. Gen. Laws §
23-71-3;
6. Has imported, or caused to be
imported, into the United States any cigarette in violation of
19 U.S.C. §
1681a; or
7. Has imported, or caused to be imported
into the United States, or manufactured for sale or distribution in the United
States any cigarette that does not fully comply with the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. §
1331, et seq.)
B. No person shall apply for a new license or permit (as defined in R.I. Gen. Laws § 44-19-1) or renewal of a license or permit, and no license or permit shall be issued or renewed for any person, unless:
1. All
outstanding fines, fees or other charges relating to any license or permit held
by that person have been paid.
2.
No license or permit shall be issued relating to a business at any specific
location until all prior licenses or permits relating to that location have
been officially terminated and all fines, fees or charges relating to the prior
licenses have been paid or otherwise resolved or the Tax Administrator has
found that the person applying for the new license or permit is not acting as
an agent for the prior licensee or permit holder who is subject to any such
related fines, fees or charges that are still due. Evidence of such agency
status includes, but is not limited to, a direct familial relationship and/or
an employment, contractual or other formal financial or business relationship
with the prior licensee or permit holder.
3. No person shall apply for a new license or
permit pertaining to a specific location in order to evade payment of any
fines, fees or other charges relating to a prior license or permit for that
location.
4. No new license or
permit shall be issued for a business at a specific location for which a
license or permit already has been issued unless there is a bona fide, good
faith change in ownership of the business at that location.
5. No license or permit shall be issued,
renewed or maintained for any person, including the owners of the business
being licensed or having applied and received a permit, that has been convicted
of violating any criminal law relating to tobacco products, the payment of
taxes or fraud or has been ordered to pay civil fines of more than twenty-five
thousand dollars ($25,000) dollars for violations of any civil law relating to
tobacco products, the payment of taxes or fraud.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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