Fla. Admin. Code Ann. R. 61A-10.082 - Application for a Tobacco Products Wholesale Dealer Permit
(1) A tobacco products wholesale dealer
permit is required by any entity acting as a distributor as defined in Section
210.25(4),
F.S.
(2) In order to be permitted
as a tobacco products wholesale dealer, or to make changes to an existing
permit, a completed application must be submitted to and approved by the
Division of Alcoholic Beverages and Tobacco. A completed application shall
consist of the following;
(a) Properly
executed application on form, DBPR ABT-6005 Application for Tobacco Products
Wholesale Dealer's Permit, which is incorporated herein by reference and
revised January 2013. This form is available upon request from the Department
of Business and Professional Regulation, Division of Alcoholic Beverages and
Tobacco or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16010.
Instructions for filling out form DBPR ABT-6005 are provided in form DBPR
ABT-6005i, Instructions for Completing Application for Tobacco Products
Wholesale Dealer, which is incorporated herein by reference and effective
February 2008. This form is available upon request from the Department of
Business and Professional Regulation, Division of Alcoholic Beverages and
Tobacco or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16009.
(b) Payment of the permit fee of
$25.
(c) If the location for any
permit is in the state, the applicant must submit to the Division a sketch of
the premises along with a right of occupancy for the location. The sketch of
the premises shall display all areas to be covered by the permit being applied
for as well as all adjacent areas that currently have or will have another
permit issued by the Division.
(d)
Submission of a corporate surety bond issued by a surety company authorized to
do business in Florida in the amount of no less than $1, 000. The Division
shall require a larger bond amount in accordance with the surety bond
requirements specified in Rule
61A-10.0821, F.A.C, if the
minimum is insufficient to fully protect the state.
(e) Applicants shall properly execute and
submit form DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety
Bond Form, which is incorporated herein and amended September 2010. This form
is available upon request from the Department of Business and Professional
Regulation, Division of Alcoholic Beverages and Tobacco or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16011.
(3) A separate and complete application must
be made for each place of business the distributor proposes to engage in
business. The applicant may provide the Division with one corporate surety bond
in an amount determined by the Division for all applications made by the
distributor in accordance with the surety bond requirements specified in Rule
61A-10.0821, F.A.C.
(4) The permit shall expire on June 30th of
each year. The Department of Business and Professional Regulation will send out
renewal notices to permittees prior to the expiration of the permit. The
permittee shall comply with the terms of the renewal notice and submit the
renewal fee of $25 prior to July 1st of each year. It is the permittee's
responsibility to timely renew a permit. Failure to receive the renewal notice
from the Department of Business and Professional Regulation shall not excuse a
permittee from penalties associated with late renewal.
(5) The Division shall assess delinquent
renewal penalties on permit holders who fail to timely renew their permits. The
Division will use the postmark date as evidence of delinquency. Any renewal
postmarked after the due date will be considered delinquent and must pay the
applicable delinquent renewal penalty in addition to the renewal fee to the
Division prior to the permit being renewed. A penalty of $20 will be assessed
for each month or part of a month of such delinquency. Any permit not renewed
within 60 days of its expiration shall be cancelled by the Division, unless the
permit is involved in litigation. Furthermore, the Division may renew a permit
after the 60 days for good and sufficient cause.
(6) A tobacco products wholesale dealer's
permit may not be transferred to a new owner. An attempt to transfer the permit
will result in automatic expiration.
(7) If requested and upon application for a
permit, the Division shall issue an initial temporary permit to any new
applicant who has filed a complete application which does not on its face
provide reason for denying a permit. The initial temporary permit will be valid
for up to 90 days and may be extended by the Division for up to an additional
90 days. If the applicant is denied a permit, the initial temporary permit will
cease to be valid on that date. The initial temporary permit fee is $25, which
is separate from the permanent permit fee and which shall be submitted to the
Division upon request of the initial temporary permit.
Notes
Rulemaking Authority 210.40, 210.75 FS. Law Implemented 210.25, 210.35, 210.40, 210.405, 210.45, 210.51 FS.
New 9-2-08, Amended 11-9-23.
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