Ariz. Admin. Code § 15-3-301

Current through Register Vol. 30, No. 24, June 14, 2024

Section R15-3-301 - Licensing

A. A person shall obtain a distributor's license before engaging in business as a distributor. The Department shall issue a distributor's license to the person named in the license application for a business making the initial sale or distribution of tobacco products in this state, pursuant to the requirements of A.R.S. § 42-3401 and any applicable bonding requirements under A.R.S. § 42-1102(B).

B. The person shall disclose all places of business and business locations in its distributor's license application.

C. The Department shall issue a distributor's license only if the distributor maintains any books, papers, invoices, records, and tobacco products subject to the Department's inspection under A.R.S. §§ 42-3151, 42-3401(D), and 42-3405 in a place and manner at the business location that is accessible to the Department during normal business hours without a judicial warrant or prior written consent. For example, if a licensee or its agent uses the same property for residential purposes and as a business location, as that term is defined in A.A.C. R15-3-201, the books, papers, invoices, records, and tobacco products located on that property shall be maintained in a place and manner that is completely separate from the residential portion of the property so that the Department will not need a judicial warrant or written consent to inspect the business location of that property during normal business hours.

D. If an applicant remits payment of the licensee fee by cashier's check or money order, the payment shall bear

the applicant's name as the purchaser or remitter; or, if the payment is made by company check, the check shall bear

the applicant's name as the drawer or maker.

E. Pursuant to A.R.S. §§ 42-3004(1) and 42-3401(C), the Department may request an applicant to submit additional supporting documentation for the purpose of enforcing this section.

F. For purposes of licensing, "person" means any firm partnership, limited liability company, limited liability partnership or association, or corporation, and the person's members, officers, or owners who directly or indirectly own an aggregate amount of ten percent or more of ownership interest.

Ariz. Admin. Code § R15-3-301

Adopted effective March 18, 1981 (Supp. 81-2). Former Section R15-3-301 repealed, new R15-3-301 renumbered from R15-3-302 and amended effective June 20, 1990 (Supp. 90-2). Amended by final rulemaking at 5 A.A.R. 2168, effective June 15, 1999 (Supp. 99-2). Amended by final rulemaking at 14 A.A.R. 4410, effective January 3, 2009 (Supp. 08-4). Amended by exempt rulemaking at 19 A.A.R. 520, effective February 19, 2013 (Supp. 13-1). Amended by final rulemaking at 22 A.A.R. 1843, effective 6/24/2016.