New Jersey Statutes Annotated (Tax)
N.J.S.A. § 54:39-128
Application for license; fee, term
28. a. An applicant for a supplier's, distributor's or terminal operator's license issued pursuant to P.L.2010, c.22 (C.54:39-101 et al.) shall apply in the form and manner as the director shall prescribe by regulation. The application shall be subscribed to by the applicant and shall provide such information as the director may require, including the applicant's federal identification number.
b. A license issued pursuant to P.L.2010, c.22 (C.54:39-101 et al.) shall be issued for a three-year period, or the unexpired portion thereof, commencing on April 1 and ending on the third succeeding March 31 and shall be void thereafter, and that license may be suspended, revoked or cancelled by the director. A license fee of $450 shall be paid for the issuance of that license.
c. The director shall investigate each applicant for a license issued pursuant to P.L.2010, c.22 (C.54:39-101 et al.). A license shall not be issued if the director determines that any one of the following conditions exists:
# (1)
The application is not filed in good faith;
# (2)
The applicant is not the real party in interest;
# (3)
The license of the real party in interest has been revoked for cause;
# (4)
The applicant managed, operated, owned or controlled, directly or indirectly, a business which held a license issued pursuant to P.L.2010, c.22 (C.54:39-101 et al.) which business is indebted to this State for any tax, penalties or interest accruing hereunder;
# (5)
The applicant is managed, operated or controlled, directly or indirectly, by a person who held a license issued pursuant to P.L.2010, c.22 (C.54:39-101 et al.) who is indebted to this State for any tax, penalties, or interest accruing hereunder;
# (6)
The applicant is managed, operated, owned, or controlled, directly or indirectly, by a person who managed, operated, owned or controlled, directly or indirectly, a business that held a license issued pursuant to P.L.2010, c.22 (C.54:39-101 et al.) and which is indebted to this State for any tax, penalties, or interest accruing hereunder;
# (7)
Any good cause as the director may determine; or
# (8)
With respect to a distributor's license, the applicant intending to export is not licensed in the intended specific state or states of destination.
d. A person shall not be entitled to hold a license if it shall appear to the director that an officer, director or employee of that person has been convicted of violating any of the provisions of P.L.2010, c.22 (C.54:39-101 et al.) or of R.S.54:39-1 et seq. or if a license issued pursuant to the provisions of P.L.2010, c.22 (C.54:39-101 et al.) or of R.S.54:39-1 et seq. and held by an officer, director or employee of that person has been revoked by the director for cause.
e. Applicants, including corporate officers, partners, members and individuals, for a license issued by the director may be required to submit their fingerprints to the director at the time of application. Officers of a "publicly traded corporation," as that term is defined by section 39 of P.L.1977, c.110 (C.5:12-39), and its subsidiaries shall be exempt from this fingerprinting requirement. Persons, other than applicants for a distributor's license, who possessed licenses issued pursuant to R.S.54:39-1 et seq. continuously for three years prior to January 1, 2011, shall also be exempt from this provision. Fingerprints required by this section shall be submitted on forms prescribed by the director. The director may forward to the Federal Bureau of Investigation or any other agency for processing all fingerprints submitted by license applicants. The receiving agency shall issue its findings to the director. The director or another State agency may maintain a file of fingerprints.
L.2010, c.22, s.28; amended 2010, c.79, s.19.
Source: view the official text
In this chapter (40 sections)
- 54:39-108 · Licenses required for retail sale of fuel
- 54:39-109 · Terminal operator's license required, report
- 54:39-110 · Fuel presumed to be used, consumed on State highways to…
- 54:39-111 · Excise tax imposed, determination of liability
- 54:39-112 · Exemptions from tax
- 54:39-113 · Tax exemption for certain sales; documentation from seller…
- 54:39-114 · Procedure for claiming a refund
- 54:39-115 · Personal liability for tax imposed, precollected, paid
- 54:39-116 · Responsibility for precollection for fuel imported from…
- 54:39-117 · Import verification number required, certain circumstances
- 54:39-118 · Elections permitted by certain suppliers
- 54:39-119 · Precollection remittance to State by person removing fuel…
- 54:39-120 · Liability for tax by terminal operator; exemptions
- 54:39-121 · Election as to timing of remittance by licensed distributor
- 54:39-122 · Evidence presented by purchaser
- 54:39-123 · Fiduciary duty of supplier to remit tax
- 54:39-124 · Eligibility of supplier for credit
- 54:39-125 · Tax remitted by electronic fund transfer
- 54:39-126 · Liability for tax upon delivery; exemptions
- 54:39-127 · Final report
- 54:39-128 · Application for license; fee, term
- 54:39-129 · Deposits in lieu of bonds
- 54:39-130 · Supplier's license, permissive supplier's license, posting…
- 54:39-131 · Terminal operator's license
- 54:39-132 · Report of deliveries of fuel in bulk
- 54:39-133 · Distributor's license
- 54:39-134 · Bond posted by distributor
- 54:39-135 · Issuance of license
- 54:39-136 · Suspension, revocation of license
- 54:39-137 · Tax due, payable on 20th day of month
- 54:39-137a · Distributor allowed credit against payment; "bad debt"…
- 54:39-138 · Provision of shipping document to driver of transportation…
- 54:39-139 · Requirements for transportation of fuel on public highways
- 54:39-140 · Reliance on representation of transporter, shipper, agent
- 54:39-141 · Payment of tax required
- 54:39-142 · Requirements for operation of fuel transportation vehicle
- 54:39-143 · Conditions for entering onto State highways transporting…
- 54:39-144 · Prohibited use of dyed fuel
- 54:39-145 · Notice provided
- 54:39-146 · Inspections permitted by director