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006.01.1-3. Wholesale Permit Applications

AR ADC 006.01.1-3Arkansas Administrative CodeEffective: June 6, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 01. Arkansas Tobacco Control
Rule 1. Arkansas Tobacco Control Rules (Refs & Annos)
Effective: June 6, 2022
Ark. Admin. Code 006.01.1-3
Formerly cited as AR ADC 175.00.1-3
006.01.1-3. Wholesale Permit Applications
3.1 Detailed Information to be Provided. Any application for a wholesale permit must be accompanied by a sworn affidavit showing whether the business is owned by an individual, partnership, or corporation or other entity. The application shall state the name, age and address of the applicant, if an individual; the name, age and address of each partner, if the applicant is a partnership; and the name, age and address of each member of the Board of Directors or other governing body and each officer and the managing agent, if the applicant is a partnership, corporation or an association. In addition, the application shall state the name and address of each person financially interested in the permitted business for which application is made, together with the nature of such interests, but if such applicant is a corporation, the applicant shall set forth only the name(s) and address(es) of all stockholders holding more than five percent (5%) interest in the permitted business. In addition, the same information may be required by the director of any manager, director, officer, or member retained by or having interests in the business. The application shall further provide a telephone number which must be listed in the name of the business seeking the application.
3.2 Wholesaler-in-Fact. Each applicant shall attest that the permittee shall be a wholesaler in fact, proof of which shall consist of an established place of business, the length of time for which said office and/or warehouse has been rented, leased or owned, and the Federal Employer's Business Identification Number of each business.
3.3 Business Location. Each applicant must attach copies of the lease, rental or ownership agreement of all offices and/or warehouses and a photo of all buildings to be used for the storage of inventory or files. No building may be used to store inventory or files which contains personal living quarters which is accessible from the area proposed to be used as a building location.
3.4 Price List to be Kept. Each applicant must agree to maintain a list of prices for all tobacco products which will be sold, such price lists to be kept in the business office and made available to each customer, the Board, the Director, or an investigator of the Agency.
3.5 Proof of Financial Responsibility. Each applicant shall furnish proof of financial responsibility in the form of a Dunn & Bradstreet Report or such other financial statement(s) or document(s) acceptable to the Director. The Director may require financial statement made by a certified public accountant.
3.6 Change in Ownership. In the event there is a change in ownership of twenty five percent (25%) or more, the permit holder must resubmit the information required by Section 3.1, 3.3, 3.6 and 3.7. Said amended information shall be submitted to the Agency within 30 days of said change in ownership. If after review of the amended information, the Board determines that a permit would not have originally been granted to the legal entity had the original ownership and information been as reflected in the amended information, the Board shall have the authority to revoke any permit, after a hearing. This provision shall not apply to publicly traded corporations.
3.7 Publication of Application -- New Application. Upon tentative approval of a new wholesale application by the Board staff, the applicant shall advertise its intentions to seek a permit in a newspaper of state-wide circulation. Said notice shall be placed on two (2) occasions, seven (7) days apart, using the form supplied by the Board. The date of the first publication shall be at least thirty (30) days prior to the meeting at which the Board shall consider the application. The Director of the Agency shall establish the date of the Board meeting at which the application shall be considered and the deadline for the filing of objections to the issuance of the permits. The applicant shall provide copies of said notices, along with proof of publication, to the Director fifteen (15) days prior to the scheduled meeting.

Credits

Amended June 6, 2022.
<Statutory authority: PROMULGATED PURSUANT TO ARK. CODE ANN. § 4-75-706, § 20-27-2108, and § 26-57-206>
Current with amendments received through January 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.01.1-3, AR ADC 006.01.1-3
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