Browse Arkansas Code titles and sections
26-57-256. Arkansas Tobacco Control — Powers.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-57-256. Arkansas Tobacco Control — Powers.
(a) Arkansas Tobacco Control shall:
(1) Promulgate rules for the proper enforcement and implementation of this subchapter and the Unfair Cigarette Sales Act, § 4-75-701 et seq.;
(2)(A) Receive applications for and issue, refuse, suspend, and revoke permits listed in § 26-57-219.
(B) Arkansas Tobacco Control shall refuse to issue or renew any permits issued by the Director of Arkansas Tobacco Control for the failure to pay taxes or fees imposed on tobacco products, permit fees imposed under this subchapter, or any other state or local taxes;
(3) Prescribe forms of applications for permits under this subchapter;
(4)(A) Cooperate with the Revenue Division of the Department of Finance and Administration in the enforcement of the tax laws affecting the sale of tobacco products in this state and in the enforcement of all other state and local tax laws.
(B) To facilitate efforts to cooperate with the division concerning the enforcement of all other state and local tax laws, Arkansas Tobacco Control shall immediately require that the following additional information be provided by all applicants for permit issuance or renewal:
(i) Federal tax identification numbers issued by the Internal Revenue Service;
(ii) Social Security numbers; and
(iii) State sales tax account numbers assigned by the Department of Finance and Administration, if applicable.
(C)(i) Each year Arkansas Tobacco Control shall provide a list of all applicants for the issuance or renewal of all tobacco products, vapor product, alternative nicotine product, or e-liquid product permits to the Secretary of the Department of Finance and Administration.
(ii) This list shall contain the identifying information required by subdivision (a)(4)(B) of th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-57-256
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:26-57-256
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2a28e6414594663aa8414c57f8f1c947f3d913095baf20e193d5fa6e512a9881
Source location: content.xml paragraph 27051
Stored source content
26-57-256. Arkansas Tobacco Control — Powers.
(a) Arkansas Tobacco Control shall:
(1) Promulgate rules for the proper enforcement and implementation of this subchapter and the Unfair Cigarette Sales Act, § 4-75-701 et seq.;
(2)(A) Receive applications for and issue, refuse, suspend, and revoke permits listed in § 26-57-219.
(B) Arkansas Tobacco Control shall refuse to issue or renew any permits issued by the Director of Arkansas Tobacco Control for the failure to pay taxes or fees imposed on tobacco products, permit fees imposed under this subchapter, or any other state or local taxes;
(3) Prescribe forms of applications for permits under this subchapter;
(4)(A) Cooperate with the Revenue Division of the Department of Finance and Administration in the enforcement of the tax laws affecting the sale of tobacco products in this state and in the enforcement of all other state and local tax laws.
(B) To facilitate efforts to cooperate with the division concerning the enforcement of all other state and local tax laws, Arkansas Tobacco Control shall immediately require that the following additional information be provided by all applicants for permit issuance or renewal:
(i) Federal tax identification numbers issued by the Internal Revenue Service;
(ii) Social Security numbers; and
(iii) State sales tax account numbers assigned by the Department of Finance and Administration, if applicable.
(C)(i) Each year Arkansas Tobacco Control shall provide a list of all applicants for the issuance or renewal of all tobacco products, vapor product, alternative nicotine product, or e-liquid product permits to the Secretary of the Department of Finance and Administration.
(ii) This list shall contain the identifying information required by subdivision (a)(4)(B) of this section as well as the name of the permittee and the permittee's current business address;
(5)(A) Collect civil penalties assessed by the Arkansas Tobacco Control Board under § 26-57-255.
(B) Unless the civil penalty is paid within fifteen (15) days following the date for an appeal from the order, the director shall have the power to institute a civil action in the Pulaski County Circuit Court to recover the civil penalties assessed; and
(6)(A) Provide notice to the retail location of an alleged violation of § 5-27-227 within ten (10) days of the alleged violation.
(B) The notice required under subdivision (a)(6)(A) of this section shall contain the date and time of the alleged violation.
(b) Any tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers found in the possession of a minor may be confiscated and destroyed.
(c) Except as otherwise provided by law, the penalties collected under this section shall be deposited into the State Treasury.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
26-57-219. Permits — Annual privilege fees.
(a) The annual privilege fee for each permit authorized by § 26-57-215 is established as follows:
(1) Wholesale Permit (Tobacco Products, Vapor Products, Alternative Nicotine Products, or E-liquid Products) $1,000
(2) Vendor Permit $100
(3) Vending Machine Permit (per machine) $10.00
(4) Retail Permit (Tobacco Products, Vapor Products, Alternative Nicotine Products, or E-liquid Products) $100
(5) Retail Vapor Product and E-liquid Product Only Permit $50.00
(6) Wholesaler's Salesperson Permit $25.00
(7) Manufacturer's Salesperson Permit $25.00
(8) Manufacturer Cigarette Only Permit $500
(9)(A) Manufacturer Tobacco Products and Alternative Nicotine Products Only Permit $500
(B) Notwithstanding subdivision (a)(9)(A) of this section, manufacturers or importers who deal solely in cigars may submit a copy of their current federal tobacco import license or federal tobacco manufacturers' license to Arkansas Tobacco Control when applying for a Manufacturer Tobacco Products and Alternative Nicotine Products Only Permit to receive the permit at no cost.
(10) Manufacturer Vapor Product and E-liquid Product Only Permit $500
(11) Vapor Product and E-liquid Product Exclusive Permit (Manufacturer, Wholesaler, and Retailer) $1,000
(b)(1) All permits issued under this subchapter 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 permit fee in question 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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-57-219
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 26-57-219. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-57-255. Arkansas Tobacco Control Board — Creation — Definition.
(a) There is created the Arkansas Tobacco Control Board to consist of the following eight (8) members appointed by the Governor:
(1) Two (2) members of the board shall be wholesalers of tobacco products, vapor products, alternative nicotine products, or e-liquid products;
(2) Two (2) members of the board shall be retailers of tobacco products, vapor products, alternative nicotine products, or e-liquid products; and
(3) Four (4) members of the board shall be members of the public at large who are not public employees or officials, at least one (1) of whom shall be an African-American, and two (2) of whom shall be appointed by the Governor after consulting the Arkansas Medical Society, Inc. and subject to confirmation by the Senate.
(b) The Governor shall designate which member of the board shall act as chair and that person shall serve as chair for two (2) years unless his or her membership on the board ceases prior to the end of the two-year period.
(c)(1) All members of the board shall be residents of the State of Arkansas and confirmed by the Senate.
(2) The term of office shall be five (5) years.
(d)(1) A minimum of five (5) members is required for a quorum.
(2)(A) All action by the board shall be by a majority vote of the board members present at the regular or special meeting, and the board may take no official action in connection with a matter except at a regular or special meeting.
(B) In the event of a tie vote of the members of the board, the Director of Arkansas Tobacco Control may cast the deciding vote.
(e) A person who is not a citizen of the United States and who has not resided in the State of Arkansas for at least two (2) consecutive years immediately preceding the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-57-255
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 26-57-255. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-701. Title.
This subchapter shall be known and may be cited as the “Unfair Cigarette Sales Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-701. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-227. Providing minors with tobacco products, vapor products, alternative nicotine products, e-liquid products, and cigarette papers — Purchase, use, or possession prohibited — Self-service displays prohibited — Placement of tobacco vending machines.
(a)(1) It is unlawful for any person to give, barter, or sell to a minor:
(A) Tobacco in any form;
(B) Cigarette paper; or
(C) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product.
(2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor.
(3) An employee or owner of a retail location permitted under § 26-57-215 who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation.
(b)(1) It is unlawful for a minor to:
(A) Use or possess or to purchase, or attempt to purchase:
(i) Tobacco in any form;
(ii) Cigarette papers; or
(iii) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; or
(B) For the purpose of obtaining or attempting to obtain tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.
(2) Any cigarettes, tobacco products, or cigarette papers found in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-227
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-27-227. This identifies an authority to review, not proof of applicability.