17 N.C. Admin. Code 4C.0104
Current through Register Vol. 39, No. 11, December 2, 2024
Section 04C .0104 - APPLICATION OR RENEWAL REQUIREMENTS FOR APPLICANTS AND LICENSEES UNDER ARTICLE 2A(a) A distributor obtaining, renewing, or updating a license pursuant to G.S. 105-113.12 shall use Form B-A-2.(b) A wholesale dealer or retail dealer obtaining, renewing, or updating a license pursuant to G.S 105-113.36 shall use Form B-A-2.(c) Form B-A-2 requires the following: (1) a description of the transactions requested, including:(A) a designation of whether the applicant or licensee is requesting an initial license, renewing a license, or updating information previously submitted on the form;(B) the applicant's or licensee's business structure, such as a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership;(C) if requesting a new license or renewal of an existing license, the type of license requested;(D) the seven digit number assigned by the North Carolina Secretary of State, if applicable; and(E) the total payment due;(2) the applicant's or licensee's business information, including: (A) information required by 17 NCAC 01C .0322(b);(C) the date the business began operations;(D) the trade name or doing-business-as name, if applicable;(E) the physical location where non-tax-paid tobacco products are manufactured, received, or stored;(G) the location where records are kept;(H) the e-mail address, if available; and(I) if the applicant or licensee elects to designate a contact person, the identity of the contact person including his or her legal name, telephone number, fax number, and e-mail address;(3) the identity of the applicant's or licensee's owners, officers, partners, or members, and for each person identified, their: (A) social security number, if a natural person;(F) misdemeanor or felony convictions, if any, and a statement describing the circumstances of the conviction, including the offense, date of offense, date of conviction, case number, court jurisdiction, and any active terms of probation;(4) the identity of persons who previously held an ownership interest in the applicant, and for each person identified: (B) the name of business at the time the interest was held;(C) the address of business at the time the interest was held; and(D) the last date of ownership in the applicant or licensee;(5) if any person identified on the form previously owned, operated, or managed another legal entity selling, receiving, or purchasing tobacco products, the applicant or licensee shall include for each person identified:(A) the person's legal name;(B) the person's social security number;(C) the person's residential address;(D) the name of the legal entity; and(E) the person's job title held at the legal entity;(6) a description of the applicant's or licensee's operations, including:(A) a designation of whether the applicant or licensee is a resident, nonresident, affiliated manufacturer, or integrated wholesaler;(B) the percentage of operations that are associated with retail, distribution or wholesale, manufacturing, or other activities;(C) the number of locations storing non-tax-paid tobacco products and the physical address for each location;(D) the number of locations storing tax-paid tobacco products and the physical address for each location;(E) the date when the applicant or licensee began or intends to begin to sell non-tax-paid tobacco products;(F) a designation of whether a surety bond or letter of credit is included with the form;(G) a designation of whether the applicant or licensee currently or intends to buy or sell tobacco products by Internet, telephone, catalog, or any other means that would qualify as a delivery sale;(H) a designation of whether the applicant or licensee currently or intends to buy or sell roll-your own cigarette tobacco;(I) a designation of whether the applicant or licensee currently or intends to import tobacco from out-of-country vendors;(J) if the applicant or licensee is a nonresident distributor or wholesale dealer, designating whether the applicant or licensee is licensed in the applicant's or licensee's state of residence;(K) a designation of whether the applicant or licensee currently or intends to purchase vapor products;(L) a list of all states where the applicant or licensee holds a tobacco products license and the license number for each license;(M) if the applicant or licensee is applying for a distributor's license:(i) a list of all manufacturers that will sell to the applicant or licensee non-tax-paid cigarettes;(ii) the address and phone number of all manufacturers that will sell to the applicant or licensee non-tax-paid cigarettes;(iii) a letter from those manufacturers affirming the manufacturers intent to sell to the applicant or licensee non-tax-paid cigarettes; and(iv) a list of all cigarette brands the applicant or licensee intends to sell;(N) if the applicant or licensee is applying for wholesale dealer's or retail dealer's license: (i) a list of all suppliers providing the applicant or licensee other tobacco products where the excise tax under G.S. 105-113.35 or G.S. 105-113.35A has not been paid;(ii) the supplier's legal name;(iii) the supplier's address;(iv) the supplier's telephone number;(v) for each supplier, the date the applicant or licensee first purchased other tobacco products from the supplier; and(vi) the delivery method for each supplier not located in this State; and(O) a list of roll-your-own cigarette tobacco brands that the applicant or licensee intends to sell, if any; and(7) for the person authorized to legally bind the applicant or licensee, his or her: (H) affirmation that the form is accurate and complete.17 N.C. Admin. Code 04C .0104
Authority G.S. 105-113.11; 105-113.12; 105-113.36; 105-262;
Eff. January 1, 2021.Authority G.S. 105-113.11; 105-113.12; 105-113.36; 105-262;
Adopted by North Carolina Register Volume 35, Issue 15, February 1, 2021 effective 1/1/2021.