710:70-2-4 - Conditions under which a cigarette license may be granted, maintained, or renewed

710:70-2-4. Conditions under which a cigarette license may be granted, maintained, or renewed

(a) No cigarette license shall be granted, maintained, or renewed pursuant to this Subchapter and Article 3 of Title 68 of the Oklahoma Statutes, if any owner of an interest of ten (10) percent in the applicant, or holder of a license, meets any of the following conditions:

(1) Applicant owes Five Hundred Dollars ($500.00) or greater in cigarette taxes that are delinquent;

(2) Applicant has been convicted of a crime relating to or for receiving stolen or counterfeit cigarettes;

(3) Applicant has been convicted of or has entered a plea of guilty or nolo contendere to any felony;

(4) Applicant is a manufacturer, and is not a participating manufacturer as defined in 37 O.S. § 600.22 ;

(5) Applicant is not a participating manufacturer as defined 37 O.S. § 600.22 and is not in full compliance with 37 O.S. § 600.23(A).

(6) Applicant is a manufacturer, and cigarettes have been imported into the United States by the applicant in violation of 19 U.S.C. § 1681 a; or,

(7) Applicant is a manufacturer and has manufactured or imported into the United States, cigarettes that do not fully comply with the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq. [68 O.S. § 304(E)]

(b) In addition to any civil or criminal penalty provided by law, upon a finding that a licensee has violated any provisions of 68 O.S. § 301 et seq., the Tax Commission may revoke or suspend the license or licenses of the licensee pursuant to the procedures applicable to revocation of a license set forth in 68 O.S. § 316. [68 O.S. § 304(G)]

Added at 21 Ok Reg 1145, eff 5-13-04; Amended at 27 Ok Reg 2350, eff 7-11-10

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