ARKANSAS TOBACCO CONTROL RULES PROMULGATED PURSUANT TO
ARK. CODE ANN. § 4-75-706, § 20-27-2108, and § 26-57-206
Arkansas Tobacco Control ("Agency")
Arkansas Tobacco Control Board ("Board")
RETAIL CIGARETTE & TOBACCO PERMITS:
1. RC-RETAIL PERMIT (Tobacco Products, Vapor Products, Alternative Nicotine Products, or E-Liquid Products) | $100.00 |
2. RV-RETAIL VAPOR PRODUCT AND E-LIQUID ONLY PERMIT | $50.00 |
WHOLESALE & WHOLESALER'S
SALESPERSON PERMITS:
1. WP-WHOLESALE PERMIT (Tobacco Products, Vapor Products, Alternative Nicotine Products, or E-Liquid Products) | $1,000.00 |
3. WS-WHOLESALER' S SALESPERSON PERMIT | $25.00 |
VENDOR & VENDING MACHINE PERMITS:
1. VS-VENDING MACHINE PERMIT (per machine) | $10.00 |
2. GV-VENDOR PERMIT | $100.00 |
MANUFACTURER & MANUFACTURER'S SALESPERSON PERMIT:
1. MV-MANUFACTURER VAPOR PRODUCT & E-LIQUID PRODUCT ONLY PERMIT | $500.00 |
2. MT-MANUFACTURER TOBACCO PRODUCTS & ALTERNATIVE NICOTINE PRODUCTS ONLY PERMIT | $500.00 |
* Manufacturers or importers who deal solely in cigars may submit a copy of their current federal tobacco import license or federal manufacturer's license to Arkansas Tobacco Control when applying for a Manufacturer Tobacco Products and Alternative Nicotine Products Only Permit to receive the permit at no cost. | |
3. MC-MANUFACTURER CIGARETTE ONLY PERMIT | $500.00 |
4. MS-MANUFACTURER'S SALESERSON PERMIT | $25.00 |
VAPOR AND E-LIQUID PRODUCT EXCLUSIVE PERMIT:
1. VAPOR PRODUCT AND E-LIQUID PRODUCT EXCLUSIVE PERMIT | $1,000.00 |
(Manufacturer, Wholesaler, and Retailer) |
SPECIAL EVENT ONE TIME PERMIT:
1. SPECIAL EVENT ONE-TIME PERMIT | $5.00 |
DUPLICATE PERMIT:
1. DUPLICATE PERMIT REQUEST | $5.00 |
The director shall review and evaluate the information provided by the wholesaler and shall make a recommendation to the Board regarding the approval of the wholesaler's application to sell at less than the statutory presumed cost of doing business. The director shall inform the applicant of his recommendation prior to submitting the application, and the director's recommendation, to the board. The director shall notify the wholesaler of the final action on the application, and, if approved, the specified percentage cost of doing business approved shall remain in effect until the next application and approval or until withdrawn by the director. If a person with permission to sell at less than statutory presumed cost of doing business fails to submit a new application by May 15, then the permission previously given shall be automatically withdrawn on July 1.
A wholesaler may advertise, offer for sale, or sell at a lower cost of doing business while meeting competition. The following criteria shall be considered when meeting competition.
Not with standing approval by the director and the board of a lower cost of doing business, an effected party who claims to be injured may pursue remedies in a court of competent jurisdiction as provided by Ark. Code Ann. § 4-75-713.
The director shall review and evaluate the information provided by the retailer and shall make a recommendation to the board regarding the approval of the retailer's application to sell at less than the statutory presumed cost of doing business. The director shall inform the applicant of his recommendation prior to submitting the application, and the director's recommendation, to the board. The director shall notify the retailer of the final action on the application, and, if approved, the specified percentage cost of doing business approved shall remain in effect until the next application and approval or until withdrawn by the director. If a person with permission to sell at less than statutory presumed cost of doing business fails to submit a new application by May 15, then the permission previously given shall be automatically withdrawn on July 1.
A retailer who has not be approved for a lower cost of doing business may advertise, offer for sale, or sell at a lower cost while meeting competition. The following criteria shall be considered when meeting competition:
Not with standing approval by the director and the board of a lower cost of doing business, an effected party who claims to be injured may pursue remedies in a court of competent jurisdiction as provided by Ark. Code Ann. § 4-75-713.
For purposes of Ark. Code Ann. § 4-75-709, a manufacturer promotional allowance for a particular brand style of cigarette may only be passed on to the purchaser by the wholesaler or retailer in a transaction involving that particular brand style of cigarette. A wholesaler or retailer may not apply manufacturer promotional allowances in a sale involving a brand style of cigarette other than the particular brand style of cigarette for which that manufacturer promotional allowance was given by the manufacturer.
For purposes of Ark. Code Ann. § 4-75-709, manufacturer promotional allowances may not be accrued and applied in the aggregate, but must be applied only on the same gross or pro rata basis as they are provided by the manufacturer. For example, if a manufacturer provides a manufacturer promotional allowance of twenty cents per carton of a particular brand style, that manufacturer promotional allowance may only be passed on to the purchaser by the Wholesaler at the rate of twenty cents per carton, or a pro rata portion thereof per pack from the carton, for the particular brand style of cigarette for which it is provided by the manufacturer.
006.01.22 Ark. Code R. § 001