61A-10.083. Application for Retail Dealer Permit, Cigarette and Tobacco Products

(1) For this section the term retail tobacco products dealer shall refer to the definition provided by Section 569.002(4), F.S. For this section the term tobacco products shall refer to the definition provided by Section 569.002(6), F.S. A tobacco products retail dealer permit is required to sell cigarettes and tobacco products at retail.

(2) In order to be permitted as a retail dealer, or to make changes to an existing tobacco products retail dealer permit, the applicant or permit holder must do one of the following:

(a) Retail dealers only interested in applying for a retail dealer tobacco products permit must review form DBPR ABT-6028i, Instructions for Completing Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), and shall complete and submit form DBPR ABT-6028, Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08); or

(b) Retail dealers interested in applying for both a tobacco products permit and an alcoholic beverage license simultaneously must review form DBPR ABT-6001i, Instructions for Completing Alcoholic Beverage License and Retail Tobacco Products Dealer Permit Application, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), and complete and submit form DBPR ABT 6001, Application for Alcoholic Beverage License and Retail Tobacco Products Dealer Permit, as referenced in Rule 61A-5.700, F.A.C.; or

(c) Retail dealers interested in applying for multiple permits or to make changes thereto must review form DBPR ABT-6028i, Instructions for Completing Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), and complete and submit form DBPR ABT 6028 Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(3) The fee for a new tobacco products retail dealer permit shall be $50.

(a) For applicants applying under paragraph (2)(a) of this rule, the $50 fee must be paid when the application is submitted to the Division.

(b) Applicants applying under paragraph (2)(a) of this rule must submit the $50 fee once the application has been approved by the Division. The Division will notify the applicant of their approval and will invoice the applicant for the cigarette and tobacco products retail dealer permit.

(4) The terms “place of business”, “place”, “the premises”, “location”, “single location” and “permitted premises” are synonymous. Place of business is defined as rooms where tobacco products are stored or sold or kept for the purpose of sale or consumption.

(a) Where sales of tobacco products are conducted through a vending machine, the premises shall include the place where the vending machine is located and any such vending machine including the area within the unobstructed line of sight of the dealer, or the dealer’s agent or employee responsible for preventing sales to persons under 18 years of age.

(b) Where sales of tobacco products are conducted from a cart or person moving about, the place of business and/or the premises shall include any such conveyance.

(c) A theme park complex, a hotel or resort complex, a stadium, an airport facility and the like will be considered a “single location” when all buildings or structures are owned, managed, controlled or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway.

(d) Itinerant stores, industrial caterers, trains, steamships and similar vehicles and vessels may be permitted for the retail sale of cigarette and tobacco products with the vehicle or vessel being designated as the place of business. In any such case, the location address shall be the office or homeport address in this state where the vehicle or vessel is domiciled.

(5) The permit year for a retail tobacco products dealer permit shall be from January 15 through the following January 15 of each year and shall not be prorated except as follows:

The permit year for a retail tobacco products dealer permit shall be changed so that the alcoholic beverage license and the tobacco permit may be renewed simultaneously. A person who is both an alcoholic beverage licensee and a retail tobacco products dealer permit holder will have a permit year commensurate with the alcoholic beverage license year. The retail tobacco products dealer permit will be renewed at a charge of $50 and the permit year shall commensurate with the license year of the alcoholic beverage license which is either April 1 through March 31 or October 1 through September 30 as specified by county.

(6) A cigarette and tobacco products retail dealer permit may not be transferred to a new owner.

(7) The Division shall issue at the request of the applicant a temporary retail tobacco products permit whenever an applicant is also filing a temporary alcoholic beverage license of any kind. There shall be no fee for the issuance of the temporary retail tobacco products dealer permit.

(8) If a permit is lost or destroyed, a retail tobacco products permit holder may apply to the Division for the issuance of a duplicate permit. This request shall be in the form of an affidavit advising that the permit has been lost or destroyed and shall be accompanied by payment of a $15 fee.

(9) Prior to the expiration of the permit, the Department of Business and Professional Regulation will send permitees a renewal notice. The permitee shall comply with the terms of the renewal notice and submit a renewal fee of $50 prior to the permit expiration date. It is the permitee’s responsibility to timely renew a permit. Failure to receive the renewal notice from the Department of Business and Professional Regulation shall not excuse a permitee from penalties associated with late renewal.

(10) The Division shall assess delinquent renewal penalties on permit holders who fail to timely renew their permits. The Division will use the postmark date as evidence of delinquency. Any renewal postmarked after the due date will be considered delinquent and must pay the applicable delinquent renewal penalty in addition to the renewal fee to the Division prior to the permit being renewed. A penalty of $5 will be assessed for each month or part of a month of such delinquency.

Specific Authority 569.009 FS. Law Implemented 569.002, 569.003 FS. History–New 9-2-08.