Section 105-449.69 - How to apply for a license(a) General. - To obtain a license, an applicant must file an application with the Secretary on a form provided by the Secretary. An application must include the applicant's name, address, federal employer identification number, and any other information required by the Secretary.(b) Most Licenses. - An applicant for a license as a refiner, a supplier, a terminal operator, an importer, a blender, or a distributor must meet the following requirements: (1) If the applicant is a corporation, the applicant must either be incorporated in this State or be authorized to transact business in this State.(2) If the applicant is a limited liability company, the applicant must either be organized in this State or be authorized to transact business in this State.(3) If the applicant is a limited partnership, the applicant must either be formed in this State or be authorized to transact business in this State.(4) If the applicant is an individual or a general partnership, the applicant must designate an agent for service of process and give the agent's name and address.(c) Federal Certificate. - An applicant for a license as a refiner, a supplier, a terminal operator, or a blender must have a federal Certificate of Registry that is issued under § 4101 of the Code and authorizes the applicant to enter into federal tax-free transactions in taxable motor fuel in the terminal transfer system. An applicant that is required to have a federal Certificate of Registry must include the registration number of the certificate on the application for a license under this section. An applicant for a license as an importer, an exporter, or a distributor that has a federal Certificate of Registry issued under § 4101 of the Code must include the registration number of the certificate on the application for a license under this section.
(d) Import Activity. - An applicant for a license as an importer or as a distributor must list on the application each state from which the applicant intends to import motor fuel and, if required by a state listed, must be licensed or registered for motor fuel tax purposes in that state. If a state listed requires the applicant to be licensed or registered, the applicant must give the applicant's license or registration number in that state.(e) Export Activity. - An applicant for a license as an exporter or as a distributor must list on the application each state to which the applicant intends to export motor fuel received in this State by means of a transfer that is outside the terminal transfer system and, if required by a state listed, must be licensed or registered for motor fuel tax purposes in that state. If a state listed requires the applicant to be licensed or registered, the applicant must give the applicant's license or registration number in that state.N.C. Gen. Stat. § 105-449.69
Amended by 2017 N.C. Sess. Laws 39,s. 14, eff. 6/21/2017.Amended by 2008 N.C. Sess. Laws 134,s. 28, eff. 1/1/2009.Amended by 2005 N.C. Sess. Laws 435, s. 10, eff. 9/27/2005.Amended by 2003 N.C. Sess. Laws 0349, s. 10.5, eff. 1/1/2004. 1995, c. 390, s. 3; 1995 (Reg. Sess., 1996), c. 647, s. 6.