Section B(5) of the Department of Finance and administration
Regulation 1993-1 (Vending Machine Decal) is here by amended to read as
follows:
"
5.
a) Each vending device owner or registrant
shall create an initial inventory list of all vending devices owned or operated
by the registrant as of November 1, 1994. The initial inventory list shall be
filed with the Miscellaneous Tax Section, P.O. Box 89 6, Little Rock, AR 722 03
on or before January 1, 19 95. A registrant or owner purchasing vending device
decals for the first time after November 1, 1994 is required to provide the
Director with a complete and accurate inventory list before decals will be
issued. The inventory list will include the following information about each
vending device:
1. the serial number or other
identifier;
2. the current physical
location (address);
3. the unique
registration number of the decal affixed to the vending device;
4. whether the device is currently in or out
of service, or used in a manner not requiring a decal;
5. whether the device is leased, and, if so,
the name and current address of the lessee;
6. description and selling price of the items
sold through the vending device.
b) Each registrant or owner must update the
inventory list at least every six (6) months to accurately reflect the
following:
1. the sale or other disposal of
vending devices which had previously been listed as owned or operated by the
registrant;
2. any change in
lessees of vending devices;
3. any
change in the physical location of vending devices;
4. any change in the unique registration
number of the decal affixed to the vending device;
5. any change in the status of the vending
device such as out of service or change in goods sold through the
device;
6. all information in
paragraph 5(a) concerning vending devices acquired since preparation of the
previous inventory list.
c) The registrant or owner must also provide
the Director with his sales tax permit number, federal employer identification
number or social security number, and such other information as the Director
may require."
STATEMENT OF IMMINENT PERIL
The Director of the Department of Finance and Administration
(DF&A) is required to enforce the Vending Devices Decal Act of 1993 (Ark.
Code Ann. ยง
26-57-1001, et seq.). Based on the
records of DF&A, a substantially fewer number of vending devices have been
registered than were registered under previous law. Accordingly, additional
information concerning the location, identity, use and number of vending
devices held out for public use by vending device owners and operators is
necessary so that the Director may adequately enforce the law. The amendment to
Section B(5) of the existing Vending Machine Regulation 1993-1 will achieve
that goal.
It is necessary that this amendment become effective
immediately so that the Director may assess and collect delinquent decal fees
as quickly as possible.