Current through 2023 Legislative Sessions
Section 57-36-02 - Distributors and dealers to be licensed1. Each person engaged in the business of selling cigarettes, cigarette papers, snuff, cigars, electronic smoking devices, or tobacco in this state, including any distributor or dealer, shall secure a license from the attorney general before engaging or continuing to engage in business.2. A separate application and license is required for each outlet or place of business operated or maintained by a distributor within the state.a. A distributor's license does not authorize the distributor to make retail sales.b. A distributor may not be granted a dealer's license unless the distributor has possessed a distributor's license issued under this chapter for at least one year before filing an application for a dealer's license.c. Notwithstanding subdivision b , a person that can demonstrate to the satisfaction of the attorney general that the person has been engaged, in the normal course of business, in the sale of electronic smoking devices before July 1 , 2018, may be granted a dealer's license.d. Each application for a distributor's license must be accompanied by a fee of twenty-five dollars and a surety bond approved by the attorney general.3. A separate application and license is required for each outlet or place of business operated or maintained by a dealer in this state.a. A dealer may not sell tobacco products purchased from a distributor not licensed under this chapter.b. A person issued a dealer's license under this chapter may not be issued a distributor's license.4. Each application for a dealer's outlet or place of business license must be accompanied by a fee of fifteen dollars.5. A license application prescribed by the attorney general must include the name and address of the applicant, the address and place of business, the type of business, and other information as required for the administration of this chapter.6. A reinstatement fee of fifty dollars is required in addition to the annual license fee for each license renewal applied for after June thirtieth. The total reinstatement fee may not exceed five hundred dollars for any one licensee in any fiscal year. 7. Each license issued must be prominently displayed on the place of business or outlet covered by the license.Amended by S.L. 2023 , ch. 537( HB 1412 ), § 2, eff. 7/1/2023.