Rule 560-8-3-.11 - Promotional Activities- Distributor(1) Every person engages in promotional activities n this state on behalf of a distributor of loose tobacco, smokeless tobacco, cigars, little cigars, or cigarettes, shall do so only if licensed by the commissioner.(2) Each person shall apply for a license for a period commencing from date of issuance of the license until June 30 prior to engaging in "promotional activities." (a) A renewal license application must be filed prior to June 15 or the application will be considered an initial application.(b) Applications shall be completed on a form provided by the commissioner.(c) The license fee shall be $10.00 per license, per period, and shall be remitted in the form of a certified check or money order.(d) Licenses are not transferable to any other person.(3) Licensing hereunder shall not apply to persons employed by licensed distributors or dealers who are licensed under these regulations.(4) Any untrue, misleading, or omitted statement or information contained in such application shall constitute cause for the denial thereof and, if any license has been granted, shall constitute cause for revocation.(5) When contrary to the public interest and welfare, the commissioner may decline to issue a state license to engage in promotional activities on behalf of a distributor of tobacco products of any kind when: (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, shall be deemed unqualified to receive a license to engage in promotional activity for a distributor.(b) Any person convicted of a felony who served any part of a criminal sentence, including probation, at any time within ten (10) years immediately preceding the date of receipt of submission of an application shall be deemed unqualified to receive a license to engage in promotional activity for a distributor.(c) Any person who has been convicted of a misdemeanor who served any part of a criminal sentence, including probation, at any time within five (5) years immediately preceding the date of receipt of submission of an application shall be deemed unqualified to receive a license to engage in promotional activity for a distributor.(6) If the commissioner has reason to believe that an 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 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. 560-8-3-.11
O.C.G.A. Sec. 48-11-3.
Original Rule entitled "Refunds, Discounts, Gifts to Retailers" adopted. F. Dec. 30, 1975; eff. Jan. 19, 1976.Repealed: F. May 5, 1982; eff. May 25, 1982.Amended: New Rule entitled "Promotional Activities - Distributor" adopted. F. Sept. 26, 2007; eff. Oct. 16, 2007.