Florida Regulations 61A-5.056: Application for Retail Tobacco Products Dealer Permit
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(1) The term retail tobacco products dealer shall refer to the definition provided by Sections 210.01(7), 210.095(g), and 569.002(4), F.S. For this section the term tobacco products shall refer to the definition provided by Florida Statutes § 569.002(6) A tobacco products retail dealer permit is required to sell cigarettes and tobacco products, and smoking pipes or smoking devices at retail within the State of Florida.
(2) In order to be permitted as a Retail Tobacco Products Dealer or make changes to an existing permit, one of the following must be completed and filed with the division by the applicant or permittee:
(a) File for a permit or change thereto using form DBPR ABT 6028, Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective July 2013, adopted and incorporated herein by reference, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03339 or;
(b) File for a permit or make changes thereto and simultaneously file for an alcoholic beverage license by using form DBPR ABT 6001, Application for Alcoholic Beverage or Tobacco License, effective August 2013, adopted and incorporated herein by reference, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage or Tobacco License, effective August 2013, adopted and incorporated herein by reference.
(3) The fee for a new Retail Tobacco Products Dealer permit shall be $50.00. The fee must accompany the permit application DBPR ABT 6028 Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective August, 2013, adopted and incorporated herein by reference, which is submitted to the division. Applicants filing simultaneously for an alcoholic beverage license and a retail tobacco products dealer permit on form DBPR ABT 6001 Application for Alcoholic Beverage and Tobacco License, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage License, will submit the fee after the application has been approved. A notice of approval and fee payment due will be sent to the applicant for the alcoholic beverage license and the Retail Tobacco Products 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, 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, 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 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 pro rated except as follows:
(a) The division shall establish a process whereby the permit year for a Retail Tobacco Products Dealer permit shall be changed in order that the alcoholic beverage license and the tobacco permit may be renewed simultaneously.
(b) A person who is both an alcoholic beverage licensee and a Retail Tobacco Products Dealer permittee will have a permit year commensurate with the alcoholic beverage license year.
(6) A Retail Tobacco Products Dealer permit may not be transferred to a new owner.
(7) A Retail Tobacco Products Dealer permit may not change location.
(8) The division shall issue at the request of the applicant a temporary Tobacco Products Dealer Permit whenever an applicant is also filing for a temporary alcoholic beverage license of any kind. There shall be no additional fee for the issuance of a temporary Tobacco Products Dealer Permit.
(9) If a permit is lost or destroyed, a retail tobacco products permittee may make a request to the division for the issuance of a duplicate permit. This shall be in affidavit form, advising that the permit has been lost or destroyed accompanied by a payment of a $15 fee.
Rulemaking Authority 569.003, 569.009 FS.,Chapter 92-285, Laws of Florida. Law Implemented 561.17, 562.41, 569.003 FS., Chapter 92-285, Laws of Florida. History-New 12-20-92, Formerly 7A-5.056, Amended 11-27-13.
Terms Used In Florida Regulations 61A-5.056
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
(a) File for a permit or change thereto using form DBPR ABT 6028, Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective July 2013, adopted and incorporated herein by reference, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03339 or;
(b) File for a permit or make changes thereto and simultaneously file for an alcoholic beverage license by using form DBPR ABT 6001, Application for Alcoholic Beverage or Tobacco License, effective August 2013, adopted and incorporated herein by reference, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage or Tobacco License, effective August 2013, adopted and incorporated herein by reference.
(3) The fee for a new Retail Tobacco Products Dealer permit shall be $50.00. The fee must accompany the permit application DBPR ABT 6028 Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective August, 2013, adopted and incorporated herein by reference, which is submitted to the division. Applicants filing simultaneously for an alcoholic beverage license and a retail tobacco products dealer permit on form DBPR ABT 6001 Application for Alcoholic Beverage and Tobacco License, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage License, will submit the fee after the application has been approved. A notice of approval and fee payment due will be sent to the applicant for the alcoholic beverage license and the Retail Tobacco Products 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, 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, 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 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 pro rated except as follows:
(a) The division shall establish a process whereby the permit year for a Retail Tobacco Products Dealer permit shall be changed in order that the alcoholic beverage license and the tobacco permit may be renewed simultaneously.
(b) A person who is both an alcoholic beverage licensee and a Retail Tobacco Products Dealer permittee will have a permit year commensurate with the alcoholic beverage license year.
(6) A Retail Tobacco Products Dealer permit may not be transferred to a new owner.
(7) A Retail Tobacco Products Dealer permit may not change location.
(8) The division shall issue at the request of the applicant a temporary Tobacco Products Dealer Permit whenever an applicant is also filing for a temporary alcoholic beverage license of any kind. There shall be no additional fee for the issuance of a temporary Tobacco Products Dealer Permit.
(9) If a permit is lost or destroyed, a retail tobacco products permittee may make a request to the division for the issuance of a duplicate permit. This shall be in affidavit form, advising that the permit has been lost or destroyed accompanied by a payment of a $15 fee.
Rulemaking Authority 569.003, 569.009 FS.,Chapter 92-285, Laws of Florida. Law Implemented 561.17, 562.41, 569.003 FS., Chapter 92-285, Laws of Florida. History-New 12-20-92, Formerly 7A-5.056, Amended 11-27-13.