Maine Revised Statutes Title 36 — Taxation
36 M.R.S. § 4362-A
Licenses
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
# 1.
Generally.
A distributor doing business in this State shall obtain a license from the assessor. A license must be obtained for each wholesale outlet maintained by the distributor. A distributor's license must be prominently displayed on the premises of the business covered by the license. A person required to be licensed as a distributor pursuant to this chapter must also be in compliance with Title 22, section 1580‑L . A distributor's license issued pursuant to this section is not a license within the meaning of that term in the Maine Administrative Procedure Act.
# 2.
Applications; forms.
An application for a distributor's license must be made on a form prescribed and issued by the assessor. Licenses are issued in the form prescribed by the assessor and must contain the name and address of the licensed distributor, the address of the place of business and such other information as the assessor may require for the proper administration of this chapter.
# 3.
Expiration and reissuance.
# 4.
(TEXT EFFECTIVE UNTIL 1/05/26) Penalties.
The following penalties apply to violations of this section.
# A.
A distributor who imports into this State any cigarettes without holding a distributor's license issued by the assessor pursuant to this section commits a civil violation for which a fine of not less than $250 and not more than $500 must be adjudged.
# B.
A distributor who violates paragraph A after having been previously adjudicated as violating paragraph A commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged for each subsequent violation.
# C.
A distributor who sells at wholesale, offers for sale at wholesale or possesses with intent to sell at wholesale any cigarettes without holding a distributor's license issued by the assessor pursuant to this section commits a civil violation for which a fine of not less than $250 and not more than $500 must be adjudged.
# D.
A distributor who violates paragraph C after having been previously adjudicated as violating paragraph C commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged for each subsequent violation.
4.
(TEXT EFFECTIVE 1/05/26) Penalties.
The following penalties apply to violations of this section.
A.
A distributor who imports into this State any cigarettes without holding a distributor's license issued by the assessor pursuant to this section commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged.
B.
A distributor who violates paragraph A after having been previously adjudicated as violating paragraph A commits a civil violation for which a fine of not less than $1,000 and not more than $2,000 must be adjudged for each subsequent violation.
C.
A distributor who sells at wholesale, offers for sale at wholesale or possesses with intent to sell at wholesale any cigarettes without holding a distributor's license issued by the assessor pursuant to this section commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged.
D.
A distributor who violates paragraph C after having been previously adjudicated as violating paragraph C commits a civil violation for which a fine of not less than $1,000 and not more than $2,000 must be adjudged for each subsequent violation.
# 5.
Surrender, revocation or suspension.
When the business with respect to which a license was issued pursuant to this section is sold or ceases to do business in this State, the holder of the license shall immediately surrender it to the assessor. The assessor may revoke or suspend the license of a distributor for failure to comply with any provision of this chapter or if the distributor no longer imports or sells cigarettes. A license that has been revoked or suspended pursuant to this subsection must be immediately surrendered to the assessor. Any person aggrieved by a revocation or suspension may request reconsideration as provided in section 151 .
Source: view the official text
In this chapter (40 sections)
- 4361 · Definitions
- 4362 · Licenses
- 4362-A · Licenses
- 4363 · -- expiration; reissuance
- 4364 · -- revocation
- 4365-1 · Rate of tax
- 4365-2 · Rate of tax
- 4365-A · Rate of tax after September 30, 1989
- 4365-B · Rate of tax after December 31, 1990
- 4365-C · Rate of tax after June 30, 1991
- 4365-D · Rate of tax beginning November 1, 1997
- 4365-E · Application of cigarette tax rate increase effective October…
- 4365-F-1 · Application of cigarette tax rate increase effective…
- 4365-F-2 · Application of cigarette tax rate increase effective…
- 4365-G · Application of cigarette tax rate increase effective January…
- 4366 · Stamps provided by State Tax Assessor
- 4366-A · Cigarette tax stamps
- 4366-B · Importation of unstamped cigarettes
- 4366-C · Sales of cigarettes in contravention of law
- 4366-D · Additional cigarette tax
- 4367 · Resale of stamps prohibited; redemption
- 4368 · Stamps affixed by licensed dealers
- 4369 · Stamps affixed by licensed dealers
- 4370 · Sale of unstamped cigarettes prohibited
- 4371 · Possession of unstamped cigarettes; prima facie evidence
- 4372 · Unstamped cigarettes to be confiscated
- 4372-A · Seizure and forfeiture of contraband cigarettes
- 4373 · Forfeiture proceedings
- 4373-A · Records required; inspection and examination; assessment of…
- 4374 · Fraudulent stamps
- 4375 · Records; examinations by State Tax Assessor
- 4376 · Oaths and subpoenas
- 4377 · Hearings by Tax Assessor
- 4378 · Appeals
- 4379 · Administration; rules
- 4380 · Use of metering machines
- 4381 · Tax credited to General Fund
- 4382 · Tax is levy on consumer
- 4383 · Distributor responsibilities
- 4384 · Reporting and payment of tax