Tax Law, §§ 475 and 480-a
as the case may be, must file such an application with the department at least 30 days prior to the commencement of such business or the commencement of such sales. Provided, however, the department will accept as being timely filed such an application received at least 20 days prior to the commencement of such business or the commencement of such sales, in order to facilitate the joint administration of the registration procedures provided for under article 28 of the Tax Law and under article 20 of such law and this Part (see section 1134 of the Tax Law and Part 539 of this Title for the requirements for registering as a sales tax vendor and obtaining a certificate of authority). Each retail dealer must pay with the filing of an application for registration, an application fee as provided in section 480-a(2)(b) of the Tax Law, for each retail place of business or merchandising device through which the dealer will sell cigarettes or tobacco products in the State. Each vending machine owner or operator must pay with the filing of such an application, an application fee as provided in section 480-a(2)(b) of the Tax Law, for each vending machine through which cigarettes or tobacco products will be sold in the State. The application fees should be paid by check, money order, or electronically, as prescribed by the department. In no event shall the application fees be prorated for a portion of a calendar year or for any other purpose.
The registrations of retail dealers and individual vending machines are valid for a single calendar year and must be renewed each year if cigarettes or tobacco products will continue to be sold in this State. Every retail dealer and every vending machine owner or operator who, pursuant to section 1136 of the Tax Law, is required to file a sales tax return for the quarterly period ending on the last day of August must file a new application for registration under this section with such quarterly return in every calendar year. The Department of Taxation and Finance may require that the applications for renewal be mailed to a designated address, separate from the sales tax returns. In which case, such applications must be filed on or before September 20th. In addition, where the department has permitted or required sales tax returns to be made covering other periods and upon such dates as it has specified, such applications for renewal must also be filed on or before September 20th. The yearly applications for renewal must be accompanied by the appropriate application fees as described in subdivision (b) of this section. In December of each year, after receiving such registration renewal applications and the proper fees, the department will issue new, distinctively colored registration certificates. Such certificates must be publicly displayed, or affixed to individual vending machines, as of January 1st. Registration certificates for the succeeding calendar year may, however, be lawfully displayed and affixed as early as the preceding December 1st. Expired certificates are not required to be surrendered to the department.
Nothing in this Part nor Title shall be construed to require registration in any circumstances in which the State is without power to do so by reason of the United States Constitution or any laws enacted pursuant thereto.
N.Y. Comp. Codes R. & Regs. Tit. 20 § 73.1