§ 26-57-232 - Wholesalers -- Restrictions -- Criminal violations.
26-57-232. Wholesalers -- Restrictions -- Criminal violations.
(a) A wholesaler shall conduct the wholesaler's business subject to the following restrictions:
(1) The wholesaler shall secure a permit from the Director of Arkansas Tobacco Control;
(2) Except as otherwise provided herein, the wholesaler may sell tobacco products only to persons properly licensed under this subchapter;
(3) The wholesaler before selling, delivering, or otherwise disposing of cigarettes to retailers in this state shall affix stamps of the proper denominations to show that the tax has been paid. The stamp shall be affixed in the manner prescribed by the Director of the Department of Finance and Administration; and
(4) (A) The wholesaler with each sale of cigarettes shall supply the retailer with an invoice showing the quantity, kind, and price of cigarettes sold, and shall supply the stamps required to show that the tax has been paid.
(B) The wholesaler shall retain a copy of this information in the wholesaler's files for three (3) years subject to the inspection by the Department of Finance and Administration and the Arkansas Tobacco Control Board.
(b) Any wholesaler who fails or refuses to affix or cancel the stamps or who fails or refuses to keep the records or who fails or refuses to furnish the statements and information or make the reports as required by this subchapter or as prescribed by the Director of the Department of Finance and Administration and the Director of Arkansas Tobacco Control, or who violates any of the requirements of 26-57-212, 26-57-229, and 26-57-242 is guilty of a violation for the first offense and a Class C misdemeanor for each additional offense.