Section 144-203-3 - APPLICATION PROCEDUREA. Application process; license fees1. Application and FeesAn 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. ReconsiderationAny 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 Feesa. 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 Feesa. 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. B. Term of licenseAll retail tobacco licenses are valid for a term beginning April 1st and ending the following March 31st at one location or in the case of an initial license issued after April 1st, for a term beginning on the date of issue and ending the following March 31st, unless suspended, revoked or not subject to the transfer under 22 MRSA §1553. Renewal applications may be provided and received within 30 days of the license expiration. Licenses that have been suspended or revoked may be reinstated upon the receipt of an application for reinstatement, payment of all penalties, an application fee of $50 in addition to any fees imposed under Section 1(A) (3) above and proof from the District Court that the license may be reinstated.
C. Multiple licenses1. Multiple licenses required. Except as provided in subsection C-2,an applicant applying for licenses to operate more than one premises or more than one vending machine shall obtain a separate license for each premises and each machine and shall pay the fee prescribed for each premises and each machine.2. Seasonal mobile fair tobacco vendor license. An applicant who is a seasonal mobile fair tobacco vendor may purchase a single annual license authorizing that vendor to operate at 2 or more agricultural fairs, festivals or exhibitions held duringthe agricultural fair season. A license issued under this subsection must clearly specify the name and location of each fair, festival or exhibition at which the licensee is authorized to operate and, for each location, the specific dates and number of machines for which the licensee is authorized. A licensee may not operate at any agricultural fair, festival or exhibit except as specifically provided on that license. Upon issuing a license under this subsection, the department shall immediately provide the information required by this subsection to the Office of the Attorney General for purposes of inspection and enforcement.D. False answer given intentionallyA person who intentionally gives a false answer in an application for a retail tobacco license violates 17-A MRSA §453.
E. Age Considerations1. Age requirementsa. Retail Tobacco Licensure. Retail tobacco licenses shall be issued only to persons who are 18 years of age or older or to partnerships or corporations the officers of which are 18 years of age or older.b. Retail Tobacco Sales. For direct, face-to-face sales, employees of licensees who sell tobacco products must be at least 17 years of age. An employee who is at least 17 years of age but less than 21 years of age may sell tobacco products only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.2. Age restrictions for tobacco specialty stores. A person under 18 years of age is prohibited from entering a business licensed as a tobacco specialty store unless accompanied by a parent or legal guardian, regardless of whether smoking is allowed in that store.F. Additional considerations for licensure1. Sale or offering for unapproved products-the Department may deny an application for a new or renewed license when it is established that the applicant has sold or is offering for sale: a. Brand styles not listed on the Attorney General's directory of compliant tobacco manufacturers;b. Cigarette Brand Styles that have not been certified to reduce ignition propensity (fires safe) to the Fire Marshall, pursuant to 22 M.R.S.A. §1555-E; orc. Flavored cigarettes or flavored cigars that have not been verified on the market prior to January 1, 1985, or issued an exemption by the Attorney General pursuant to 22 M.R.S.A. §1555-E. Applicants denied a license for the above actions may reapply after 1 year, provided that the applicant sufficiently demonstrates actions that warrant licensure.
2. Violations of Public or Workplace smoking- the Department may consider violations of 22 M.R.S.A. §1542 or 22 M. R.S.A. § 1580-A when determining issuance or renewal of a retail tobacco license.3. Unlicensed Sales -the Department may consider violations of 22 M.R.S.A. §1554-B when determining issuance or renewal of a retail tobacco license.4. Sales to Minors- the Department may consider violations of 22 M.R.S.A. §1555-B when determining issuance or renewal of a retail tobacco license.10- 144 C.M.R. ch. 203, § 3