103 KAR 41:040.
Subjobbers, vending machine operators and unclassified acquirers.
RELATES TO: KRS
138.130, 138.195
STATUTORY AUTHORITY:
KRS Chapter 13A
NECESSITY, FUNCTION,
AND CONFORMITY: This administrative regulation interprets the statute and outlines
procedures for securing cigarette subjobber license, cigarette vending machine
operator license and cigarette unclassified acquirer license.
Section 1.
Application for Cigarette Subjobber License. (1) Any person desiring to secure
a license as a subjobber of cigarettes on which tax evidence has been
previously affixed must file an application with the Department of Revenue,
Frankfort, Kentucky, on forms prescribed by the department. A separate
application must be filed for each place of business from which tax-paid
cigarettes are made available to retailers. The application must state the name
and address of the business, the nature of the business, the owners or
principal officers, the names of other states in which the applicant intends to
distribute cigarettes, and include a list of at least five (5) Kentucky retail
locations with whom the applicant has made firm arrangements to regularly
supply Kentucky tax-paid cigarettes for resale in the regular course of
business. If the applicant is a nonresident of the state, the name of a process
agent must be designated.
(2) Upon issuance by
the Department of Revenue, the license must be displayed in the place of
business for which the license was issued.
Section 2.
Application for Cigarette Vending Machine Operator License. (1) Any person
responsible for stocking a vending machine with cigarettes and accounting for
receipts from the sale thereof must file an application for a license as a
vending machine operator. The application must be filed with the Department of
Revenue, Frankfort, Kentucky, and must state the name and principal address of
the business, the nature of the business, the owners or principal officers, the
approximate number of machines to be operated, the area of Kentucky in which
the machines will be operated, and the names of other states in which cigarettes
are to be distributed by the applicant.
(2) Upon issuance by
the Department of Revenue, the license must be retained at the principal
address of the vending machine operator. If a change of address occurs, written
notification must be given the department. The license number along with the
name and address of the operator must be affixed to each machine in operation
in such a manner as to be visible at the time of the purchase of cigarettes.
Section 3.
Application for Cigarette Unclassified Acquirer License. (1) Any person
desiring to secure a license as an unclassified acquirer of cigarettes must
file an application with the Department of Revenue, Frankfort, Kentucky, on
forms prescribed by the department. The application must state the name and
address of the person receiving the untax-paid cigarettes, the nature of the
business conducted by the applicant, the anticipated source of supply for
cigarettes, and the intended distribution of any cigarettes to be received.
(2) Upon issuance by
the Department of Revenue, the license must be retained at the address given on
the application. If the unclassified acquirer has a change of address, written
notification must be given the cabinet. (CT-24, 25, 27; 1 Ky.R. 710; eff.
5-14-75; Am. 5 Ky.R. 1070; eff. 9-5-79; Tam eff. 5-20-09.)