Compilation of Rules and Regulations of the State of Georgia › Department 560 - RULES OF DEPARTMENT OF REVENUE › Chapter 560-8 - ALCOHOL AND TOBACCO DIVISION (TOBACCO) › Subject 560-8-1 - GENERAL PROVISIONS › Rule 560-8-1-.02 - Licensing - General

Current through Rules and Regulations filed through June 27, 2024
(1)
				No person shall engage in or conduct the business of manufacturing, purchasing,
				selling, consigning, vending, dealing in, or distributing cigarettes, cigars,
				little cigars, loose tobacco, or smokeless tobacco in this State without first
				obtaining a license from the commissioner.
(2) The license issued by the commissioner
				shall apply only to the premises for which it is issued. A separate license
				shall be required for each place of business.
(3) No person shall store any loose tobacco,
				smokeless tobacco, cigars, little cigars, or cigarettes at any location other
				than that for which a license is issued except upon the written approval of the
				commissioner.
(4) Every person
				applying for a state license, permit, or registration shall make application on
				forms furnished and in a manner and format reasonably prescribed by the
				commissioner and shall under oath answer all questions, supply all information,
				personnel statements, information regarding an applicant's employees, and if
				requested, furnish all certificates, affidavits, bonds, and other supporting
				data or documents, as reasonably required by the commissioner. All license
				applications under these regulations shall be a permanent record. Willful
				failure to furnish the commissioner with any of the required information shall
				constitute grounds for denial or revocation of a license.
(5) Applications for a state license, permit,
				or registration shall specify the premises of the licensee's place of business
				and such location shall not be changed without the express written approval of
				the commissioner during the term of the license.
(6) Any legal entity, including but not
				limited to all partnerships, limited liability companies, domestic
				corporations, or foreign corporations that are lawfully registered and doing
				business under the laws of this state, or the laws of another state, and
				authorized by the Georgia Secretary of State to conduct business in Georgia,
				which seeks to obtain a license for tobacco products shall apply for such
				license in the name of the legal entity as registered in the Office of
				Secretary of Georgia. Provided:
(a) In its
				application such legal entity shall provide the commissioner with the name of
				its agent authorized to receive service of process under the laws of this
				state, and also provide the commissioner with the address of its registered
				office together with a listing of current officers and their respective
				addresses.
(b) Any legal entity
				including a sole proprietorship, partnership, limited liability company, trust,
				domestic or foreign corporation that is not required to register with the
				Office of the Secretary of State of Georgia, shall provide the commissioner
				with the relevant information, including the name and address of a designated
				responsible corporate officer or partner.
(c) Any change in the status of a licensee's
				registered agent, sole proprietorship or responsible corporate officer
				including but not limited to change of address, or name, shall be reported to
				the commissioner within five days of such occurrence.
(d) In the event that a legal entity shall
				fail to appoint or maintain a registered agent in this State as required by
				law, or whenever its registered agent cannot with due diligence be found at the
				registered office of the entity as designated in its license application, the
				commissioner shall be appointed as agent or designee to receive any citation
				for violation of these regulations.
(e) Process may be served upon the
				commissioner by leaving with the commissioner duplicate copies of such
				citations.
(f) In the event that
				such notice of citation is served upon the commissioner or one of the
				commissioner's designated agents, the commissioner shall immediately cause one
				of the copies thereof to be forwarded to the corporation at its registered
				office. Any service, so had on the commissioner, shall be answerable no later
				than thirty (30) days from date of receipt by the commissioner.
(g) The commissioner shall keep a record of
				all citations of service received under this regulation for three years, and
				shall record therein the time of receipt and disposition of that
				service.