(a) The annual privilege fee for each permit authorized by this subchapter is established as follows:(1) Consumable hemp wholesaler permit $5,000(2) Consumable hemp retailer permit $5,000(3) Consumable hemp manufacturer permit $5,000
(1) Consumable hemp wholesaler permit $5,000
(2) Consumable hemp retailer permit $5,000
(3) Consumable hemp manufacturer permit $5,000
(b) (1) All permits issued under this subchapter shall expire on June 30 following the effective date of issuance.(2) (A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit.(B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit.(3) A permit shall not be issued to the applicant until the late fee and the permit fee have been paid.
(1) All permits issued under this subchapter shall expire on June 30 following the effective date of issuance.
(2) (A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit.(B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit.
(A) Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit.
(B) An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit.
(3) A permit shall not be issued to the applicant until the late fee and the permit fee have been paid.
(c) A permit issued under this subchapter shall not be renewed for a permit holder who is delinquent more than ninety (90) days on a privilege fee, tax relating to the sale or dispensing of a consumable hemp product, or any other state and local tax due the Secretary of the Department of Finance and Administration.
(d) A person who is delinquent more than ninety (90) days on a state or local tax may not renew or obtain a permit issued under this subchapter except upon certification that the permit holder has entered into a repayment agreement with the Department of Finance and Administration and is current on the payments.
(e) A permit holder who has unpaid fees, civil penalties, or an unserved permit suspension may not transfer, sell, or give consumable hemp product inventory of the business associated with the permit to a third party until all fees and civil penalties are paid in full and all suspensions are completed successfully, nor shall any third party be issued a new permit for the business location.
(f) Each consumable hemp manufacturer, consumable hemp wholesaler, and consumable hemp retailer shall retain copies of all invoices for the purchase or sale of any consumable hemp product for a period of at least ten (10) years subject to examination by the secretary and the Director of Arkansas Tobacco Control or their authorized agents upon demand at any time during regular business hours.
(g) A consumable hemp retailer shall:(1) Maintain copies of at least the last three hundred sixty-five (365) days of consumable hemp product invoices, which the consumable hemp retailer shall provide immediately upon demand;(2) (A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store.(B) Except as provided in subdivision (g)(2)(C) of this section, an agent of the Arkansas Tobacco Control Board may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section.(C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;(3) Retain invoices for all consumable hemp products in the retail store even if the invoice for the consumable hemp product is older than three (3) years;(4) Maintain a copy of the signed server awareness forms for each employee of the consumable hemp retailer who engages in the sale of consumable hemp products, which the consumable hemp retailer shall provide immediately upon demand;(5) (A) Maintain a copy of any complete transfer forms showing:(i) The consumable hemp products that were transferred;(ii) The permitted location from which the consumable hemp products were transferred; and(iii) When the transfer occurred.(B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the consumable hemp retailer upon demand; and(6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the consumable hemp retailer shall provide immediately upon demand.
(1) Maintain copies of at least the last three hundred sixty-five (365) days of consumable hemp product invoices, which the consumable hemp retailer shall provide immediately upon demand;
(2) (A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store.(B) Except as provided in subdivision (g)(2)(C) of this section, an agent of the Arkansas Tobacco Control Board may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section.(C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;
(A) Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store.
(B) Except as provided in subdivision (g)(2)(C) of this section, an agent of the Arkansas Tobacco Control Board may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section.
(C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;
(3) Retain invoices for all consumable hemp products in the retail store even if the invoice for the consumable hemp product is older than three (3) years;
(4) Maintain a copy of the signed server awareness forms for each employee of the consumable hemp retailer who engages in the sale of consumable hemp products, which the consumable hemp retailer shall provide immediately upon demand;
(5) (A) Maintain a copy of any complete transfer forms showing:(i) The consumable hemp products that were transferred;(ii) The permitted location from which the consumable hemp products were transferred; and(iii) When the transfer occurred.(B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the consumable hemp retailer upon demand; and
(A) Maintain a copy of any complete transfer forms showing:(i) The consumable hemp products that were transferred;(ii) The permitted location from which the consumable hemp products were transferred; and(iii) When the transfer occurred.
(i) The consumable hemp products that were transferred;
(ii) The permitted location from which the consumable hemp products were transferred; and
(iii) When the transfer occurred.
(B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the consumable hemp retailer upon demand; and
(6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the consumable hemp retailer shall provide immediately upon demand.
(h) A consumable hemp wholesaler and consumable hemp manufacturer shall:(1) Maintain ten (10) years of consumable hemp product invoices that are available upon demand during normal business hours in the permitted location; and(2) Permit the board and authorized personnel of the board to enter into and inspect stock of consumable hemp products and any documents and records relating to receipts and disbursements of consumable hemp products.
(1) Maintain ten (10) years of consumable hemp product invoices that are available upon demand during normal business hours in the permitted location; and
(2) Permit the board and authorized personnel of the board to enter into and inspect stock of consumable hemp products and any documents and records relating to receipts and disbursements of consumable hemp products.
(i) An invoice from a consumable hemp wholesaler to a consumable hemp retailer shall contain the name or other identifying information of the consumable hemp wholesaler and the consumable hemp retailer.
(j) (1) A nonresident consumable hemp wholesaler shall also keep a record of all consumable hemp products purchased for distribution within this state.(2) All books, records, and memoranda pertaining to the purchase and sale of the consumable hemp products under subdivision (j)(1) of this section shall be subject to inspection by the board.
(1) A nonresident consumable hemp wholesaler shall also keep a record of all consumable hemp products purchased for distribution within this state.
(2) All books, records, and memoranda pertaining to the purchase and sale of the consumable hemp products under subdivision (j)(1) of this section shall be subject to inspection by the board.
(k) Authorized personnel of the board shall not release to the board or to the public any information identifying customers of the consumable hemp manufacturer, consumable hemp wholesaler, or warehouse except when necessary to notify the board of alleged violations of this subchapter.