Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 57 - STATE PRIVILEGE TAXES (§§ 26-57-201 — 26-57-1605) › Subchapter 2 - ARKANSAS TOBACCO PRODUCTS TAX ACT OF 1977 (§§ 26-57-201 — 26-57-268) › Section 26-57-234 - Retailers and vendors - Restrictions - Violations

(a)
Retailers and vendors shall conduct their businesses subject to the following restrictions:
(1)
Retailers and vendors shall not possess, place in their stock, have on their premises, sell, or otherwise dispose of any cigarettes to which stamps denoting the tax due on the cigarettes have not been affixed;
(2)
Retailers and vendors shall require that properly cancelled stamps are affixed to all cigarettes purchased or otherwise received or accepted by them before they purchase or otherwise become the owner or possessor of the cigarettes;
(3)
Retailers and vendors shall require from the wholesaler at the time of each purchase or receipt of cigarettes an invoice showing the quantity, kind, and price of the cigarettes and the stamps required to show that the tax has been paid and the date of sale or delivery;
(4)
(A)
The retailer shall keep records showing the description and date of the receipt of each lot of tobacco products, vapor products, alternative nicotine products, or e-liquid products, from whom purchased, when received on the premises, and any other requirements prescribed by the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control.
(B)
The records required under subdivision (a)(4)(A) of this section are subject to inspection by the Department of Finance and Administration and Arkansas Tobacco Control;
(5)
The secretary or the director may require retailer reports covering receipts and sales of tobacco products, vapor products, alternative nicotine products, and e-liquid products monthly or for any other period; and
(6)
The retailer shall permit the department and Arkansas Tobacco Control or any peace officer acting under their direction to inspect the retailer's inventory of merchandise, documents, records, and premises, including any room or building used in connection with the retailer's business.
(b)
Upon a retailer's failure to comply with any part of this section, the director may suspend or revoke the retailer's permit, subject to a hearing before the Arkansas Tobacco Control Board at the next regularly scheduled board meeting.
(c)
A retailer or vendor who fails or refuses to retain in his or her files invoices of tobacco products, vapor products, alternative nicotine products, or e-liquid products, and stamps, or who fails or refuses to furnish the statements and information or make the reports concerning receipts and sales of tobacco products, vapor products, alternative nicotine products, or e-liquid products, as required by this subchapter or prescribed by the secretary or the director, or who violates any of the requirements of this section, upon conviction is guilty of a Class A misdemeanor.
Amended by Act 2019, No. 1071,§ 17, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4127, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4126, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4125, eff. 7/1/2019.
Amended by Act 2015, No. 1235,§ 10, eff. 5/1/2015.
Amended by Act 2013, No. 1273,§ 24, eff. 8/16/2013.
Acts 1977, No. 546, §§ 22, 23; 1979, No. 911, §§ 10-12; A.S.A. 1947, §§ 84-4522, 84-4523; Acts 1997, No. 1337, § 19; 2009, No. 785, § 20.