Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 01 - Arkansas Tobacco Control › Rule 006.01.22-002 - Online Cigar Sales and Delivery Section 4

Current through Register Vol. 49, No. 6, June, 2024
Section 4
- RETAIL PERMIT
			 HOLDERS
4.1
Server
			 Awareness Forms
. It shall be the obligation of each retail permit
			 holder to obtain from every employee, permittee or owner who may or does sell
			 cigarettes and tobacco products, upon commencement of such employment, a signed
			 acknowledgement that he/she has read and understands the content of a form
			 entitled "Tobacco Server Awareness Form", such form being provided at the time
			 of issuance of any permit by the Director of the Tobacco Control Board. The
			 Tobacco Server Awareness Form shall set forth pertinent rules and laws
			 governing the sale of tobacco products and other related information as
			 determined appropriate by the Director. Executed server awareness forms or
			 copies thereof shall be maintained at each permitted retail location and shall
			 be available for inspection upon request by any agent of Arkansas Tobacco
			 Control during normal business hours. Failure to have executed server awareness
			 forms available for inspection shall be deemed a violation of this
			 rule.
4.2
Prohibition
			 on Loose Cigarette Sales
. The sale of individual cigarettes or
			 "loosies" is prohibited. Individual cigarettes or "loosies" are defined as any
			 cigarette not contained in its original, unopened pack.
4.3
Online Cigar
			 Sales
. Pursuant to A.C.A. §
									26-57-203(27)(B),
			 a retailer may sell cigars online to a buyer who is twenty-one (21) years of
			 age or older, whether that buyer is inside or outside the state of Arkansas,
			 when that retailer (1) has a physical presence in the state of Arkansas and
			 when that retailer (2) purchases cigars from a permitted wholesaler.
"Cigar" or "Cigars" as used in this rule means any roll of
				tobacco wrapped in leaf tobacco or in any substance containing tobacco, other
				than any roll of tobacco that is a cigarette, as defined by Ark. Code Ann.
				§
										26-57-260(4)(A)
				-(C).
To "sell cigars online" means a sale of, an advertisement of, a
				solicitation to sell, a purchase of, or an offer to purchase cigars to
				consumers who submit orders all or in part online through the internet. "Sale"
				or "Sell" has the same meaning as provided in A.C.A. §
										26-57-203(28)(A).
4.4
Permit Required
.
			 Prior to making an online sale for delivery and prior to shipping cigars in
			 connection with any online sales, a person must obtain and maintain a permit
			 with the Arkansas Tobacco Control.
4.5
Requirements for accepting
			 order for delivery sale
. When accepting an order for a delivery of
			 an online cigar sale from a buyer, the retailer must obtain the following
			 information from the buyer placing the order:
(a) A certification from the buyer
			 documenting that the buyer:
(i) Is of legal
			 age to purchase tobacco products in the State of Arkansas;
(ii) Understands that providing false
			 information may be a violation of law; and
(iii) Understands that it is a violation of
			 law to purchase cigars for subsequent resale or for delivery to persons who are
			 under the legal age to purchase cigars.
(b) The name of the person making the
			 order;
(c) The address where
			 delivery is to occur;
(d) The phone
			 number of the person making the order;
(e) The date of birth for the person making
			 the order; and
(f) The payment
			 information.
4.6
Requirements for shipping a delivery sale
. When
			 shipping an order of an online sale from a buyer, the retailer must undertake
			 the following prior to shipping:
(a) The
			 retailer must clearly mark the outside of the package of cigars to be shipped
			 "Adult signature required."
(b) The
			 retailer must utilize a delivery service that imposes the following
			 requirements:
(i) Someone twenty-one (21)
			 years of age or older must sign for the delivery; and
(ii) The person signing for the delivery must
			 show valid government-issued identification that contains a photograph of the
			 person signing for the delivery and indicates that the person signing for the
			 delivery is twenty-one (21) years of age or older and resides at the delivery
			 address.
(c) The retailer
			 must provide delivery instructions that clearly indicate the requirements of
			 this Subsection 4.6 and must declare that state law requires compliance with
			 the requirements.
4.7
Common Carriers
. This section may not be construed as
			 imposing liability upon any common carrier, or officers or employees of the
			 common carrier, when acting within the scope of business of the common carrier
			 and when otherwise acting in compliance with Arkansas law, including, but not
			 limited to, the provisions of A.C.A. §
									26-57-230.
4.8
Civil Penalties
.
			 The board may levy a civil penalty in an amount not to exceed five thousand
			 dollars ($5,000) for each violation of this section, pursuant to A.C.A. §
									26-57-255, in addition to other
			 civil penalties, suspensions or revocations as authorized by Arkansas
			 Law.
4.9
Collection of
			 Taxes
. A retailer selling cigars online pursuant to this rule is
			 responsible for the applicable sales taxes and excise taxes.