Rule 560-8-1-.02 - Licensing - General(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.(7) The state license shall be valid for the fiscal year indicated (July 1 through June 30) provided the licensee is actively engaged in such business. A dealer license shall be permanent as long as a licensee is actively engaged in such business.(8) In the event a licensee ceases to be actively engaged in such business, the state license shall become invalid and the licensee shall immediately notify and return the state license to the Department.(9) A licensee, other than a dealer, that desires to continue in business during the following calendar year must make a new application on or before July 1 of the preceding year.(10) No state license may be transferred from one person to another person. At the commissioner's discretion a transfer of license from one location to another location may be granted.(11) Any untrue, misleading, or omitted statement or information contained in such application shall be cause for the denial thereof and, if any license has been granted, shall constitute cause for revocation.(12) The failure of any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, to meet any obligations imposed by the tax laws or any other law or regulation of this state shall constitute grounds for denial of the license, permit, or registration for which application is made.(13) When contrary to the public interest and welfare, the commissioner may decline to issue a tobacco license to: (a) Any person determined by the commissioner, by reason of such person's business experience, financial standing, trade associations, personal associations, records of arrests, or reputation in any community in which he has resided, to be unlikely to maintain the operation for which he is seeking a license in conformity with federal, state, or local laws.(b) Any person convicted of a felony within ten (10) years immediately preceding the date of receipt of the license or renewal application.(c) Any person convicted of a misdemeanor within two years immediately preceding an application for a license or a license renewal and whose misdemeanor conviction is the result of a tobacco-related citation in the operation of a business licensed to sell tobacco products.(14) The commissioner may decline to issue a state license for the operation of a place of business when any person having any interest in the operation of such place of business or control over such place of business does not meet the same requirements as herein set forth for the licensee.(15) If the commissioner has reason to believe that the applicant is not entitled to the license for which the applicant has applied, the commissioner shall notify the applicant. The applicant shall have thirty (30) days from the date of the notice to request in writing a hearing on the application. Upon receipt of an applicant's written request the commissioner shall provide the applicant with due notice and opportunity for hearing on the application conducted by the commissioner or his or her duly appointed hearing officer pursuant to Regulation 560-8-6 et seq. If the commissioner, after providing notice and opportunity for a hearing, determines that the applicant is not entitled to a license, the applicant shall be advised in writing of the findings upon which such denial is based.Ga. Comp. R. & Regs. R. 560-8-1-.02
O.C.G.A. Secs. 48-11-4, 48-11-6.
Original Rule entitled "Organization" adopted. F. and eff. June 30, 1965.Repealed: F. Aug. 5, 1970; eff. Aug. 25, 1970.Amended: New Rule entitled "Licensing - General" adopted. F. Sept. 26, 2007; eff. Oct. 16, 2007.Amended: F. Mar. 10, 2008; eff. Mar. 30, 2008.