MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Finance

By: Senator(s) Tollison

AN ACT TO AMEND SECTION 27-69-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE TAX COMMISSION TO COMPILE A LIST OF DISTRIBUTORS, WHOLESALERS, DEALERS AND RETAILERS TO WHOM PERMITS HAVE BEEN ISSUED TO ENGAGE IN THE SALE OF TOBACCO; TO REQUIRE SUCH LIST TO BE UPDATED ANNUALLY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-69-5, Mississippi Code of 1972, is amended as follows:

27-69-5. Every distributor, wholesaler, dealer or retailer who desires to become engaged in the sale or use of tobacco upon which a tax is required to be paid shall file with the commissioner an application for a permit to engage in such business. The application for a permit shall be filed on blanks to be furnished by the commissioner for that purpose. The application must be subscribed and sworn to by the person owning the business, or having an ownership interest therein. If the applicant is a corporation, a duly authorized agent shall execute the application. The application shall show the name of such person, and in case of partnership, the name of each partner thereof, the person's post office address, the location of the place of business to which the permit shall apply, and the nature of the business in which engaged, and any other information the commissioner may require. No distributor, wholesaler, dealer or retailer shall sell any tobacco until such application has been filed, the prescribed permit fee paid, and the permit obtained. Except as otherwise provided in this paragraph, said permit shall expire on January 31 of each year. However, a retail permit shall continue in force during the time that the permit holder to whom it is issued continues in the same business at the same location unless such permit is revoked by the commissioner for cause or is revoked pursuant to any provision of the Mississippi Juvenile Tobacco Access Prevention Act in Sections 97-32-1 through 97-32-23.

An application shall be filed, and a permit obtained for each place of business owned or operated by each distributor, wholesaler, dealer or retailer.

Upon receipt of the application and any permit fee hereinafter provided for, the commissioner may issue to every distributor, wholesaler, dealer or retailer, for the place of business designated, a nonassignable permit, authorizing the sale or use of tobacco in the state. Said permit shall provide that the same is revocable, and may be forfeited or suspended upon violation of any provision of this chapter, the Mississippi Tobacco Youth Access Prevention Act of 1997 or any rule or regulation adopted by the commissioner. If such permit is revoked or suspended, said distributor, wholesaler, dealer or retailer shall not sell any tobacco from such place of business until a new permit is granted, or the suspension of the old permit removed.

A permit cannot be transferred from one person to another, and the permit shall at all times be publicly displayed by the distributor, wholesaler, dealer or retailer in his place of business so as to be seen easily by the public. A permit may be refused to any person previously convicted of violations of this chapter.

The Tax Commission shall compile a list of distributors, wholesalers, dealers or retailers to whom permits have been issued pursuant to this section. The Tax Commission shall update such list annually.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.