Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-3 - APPLICATION PROCEDURE

Current through 2024-29, July 17, 2024
A.
Application process; license fees
1.
Application and Fees
An applicant for an annual retail tobacco license shall file
				  an application in the form required by the Department. The application shall
				  include the name under which the applicant transacts or intends to transact
				  business and the address of the location of the applicant's place of business.
				  In the case of vending machines, the applicant shall include the name, address
				  and type of liquor license, or other legal requirement which prohibits, in
				  whole or in part, the presence of minors, of the business or other facility
				  where the vending machine is located. Delivery sellers must include the name
				  and address of the location where orders are received and processed and the
				  name and address of the locations from which premium cigars are shipped. If the
				  applicant is a person, the application must include their name and address. If
				  the applicant is a partnership, the application must include the names and
				  addresses of all the partners. If the applicant is a corporation, the
				  application must include the names and addresses of the principal officers of
				  the corporation. The license fee determined by the Department for a retail
				  tobaccolicense is as specified in Table 3A below. The license fee as determined
				  in Table 3A is derived from calculation of the percentage of annual tobacco
				  (i.e. total tobacco) sales relative to the annual gross revenue of the
				  business. The applicant shall remit the fee with the application for the
				  license.
Table
							 3A
: Retail Tobaccco License
							 Fees
License
							 Type
First time applications Received
Tobacco I
Tobacco II
Tobacco III
Vending Machine
Seasonal Mobil Fair Vendor
April 1-June 30
$100
$125
$150
$50
$50 for the first fair location-$10 for
							 each additional fair location
July 1-September 30
$75
$94
$113
$38
October 1-December 31
$50
$63
$75
$25
January 1-March 31
$25
$32
$38
$25
2.
Reconsideration
Any licensee may request reconsideration of the licensee's
				  determined license fee by providing notarized documents substantiating the
				  establishment's tobacco revenue as well as the total gross revenue and
				  calculating the percentage of tobacco sales. Upon receipt and complete review
				  of such documentation the Department may adjust the license fee or account to
				  reflect the licensee's actual tobacco sales revenue. Any such adjustment will
				  be through a credit to the licensing account.
3.
Late Fees
a. A licensee that fails to renew its license
				by April 30th following its expiration shall pay a
				late fee of $25.
b. A licensee that
				has allowed its license to lapse for more than one year while continuing to
				sell tobacco products without a current license shall pay, in addition to the
				applicable late fee, a fee equal to the license fee for each year the license
				lapsed. Note: Sale of tobacco without a current license is a Class E
				crime.
4.
Reinstatement Fees
a. The Department
				must deny a license to a licensee who has allowed its license to lapse for more
				than 1 year, but not more than 3 years, while continuing to sell tobacco
				products without a currentlicense,unless the licensee remits a license
				reinstatement fee equal to the license fee for each year the license
				lapsed.
b. Reinstatement fees apply
				only when no change in ownership of the licensed establishment
				occurred.
c. An individual or
				entity engaging in retail tobacco sales without a license is subject to the
				criminal penalties provided in 22 M.R.S.A. §1554-B.