It is unlawful for any person, partnership or corporation that engages in retail sales, including retail sales through vending machines, delivery sales of premium cigars or in free distribution of tobacco products, to sell, keep for sale or give away in the course of trade any tobacco products to anyone without first obtaining a retail tobacco license from the department, in accordance with these rules. The retail tobacco license for a vending machine shall be obtained by the vending company. The retail tobacco license for a delivery seller shall be obtained by the person taking orders for premium cigars.
10- 144 C.M.R. ch. 203, § 2