§ 26:909 — General requirements of eligibility

§909. General requirements of eligibility
A. The commissioner may suspend a permit previously issued or may refuse to grant
a permit if, after a hearing and by a preponderance of the evidence, it is proven that the
permittee, or an employee or agent thereof, or applicant either:
(1) Is not a bona fide dealer as defined in R.S. 26:901.
(2) Has violated the terms and provisions of R.S. 14:91.6 relative to the unlawful
distribution of tobacco products, alternative nicotine products, or vapor products.
(3) Has violated the terms and provisions of the "Prevention of Youth Access to
Tobacco Law" under R.S. 14:91.8.
(4) Has violated the provisions of this Chapter or any rules or regulations issued in
connection therewith.
(5) Has violated any provision of R.S. 47:841 et seq.
(6) Has failed to pay any sales taxes due to the state.
B.(1) The commissioner may refuse to grant or shall suspend any permit previously
granted until such time as the applicant may supply evidence to the contrary, in any of the
following circumstances:
(a) Where there is prima facie evidence that the applicant is not a bona fide dealer.
(b) When the applicant has violated the terms and provisions of the Unfair Sales Law
as it applies to tobacco products as provided in R.S. 26:924, or has violated the provisions
of this Chapter or Chapter 8 of Subtitle II of Title 47 of the Louisiana Revised Statutes of
1950, or any rules, regulations, or instructions issued in connection therewith.
(2) Information concerning the Unfair Sales Law as it pertains to tobacco products
shall be governed by R.S. 26:924.
C. Except as provided in Subsection D of this Section, no permit shall be granted
when the applicant or anyone connected with the applicant's business has been previously
convicted of any violation of Chapter 8 of Subtitle II of Title 47 of the Louisiana Revised
Statutes of 1950 or of any felony under the laws of this state or the United States.
D. Where the applicant is an individual, partnership, or domestic or foreign
corporation or other business organization and that applicant or a partner, officer, director,
or stockholder of that applicant has been convicted of a felony, the commissioner shall
determine whether the conviction is related to the applicant's business in Louisiana. If the
commissioner finds that the conviction is unrelated to the applicant's business in Louisiana,
the permit may be issued. If the commissioner determines that there is reason to believe that
the conviction is related to the applicant's business in Louisiana or if he refuses to issue a
finding, the applicant shall be entitled to a hearing with the commissioner. If after the
hearing the commissioner finds that the conviction is reasonably related to the applicant's
business in Louisiana, the commissioner shall deny the permit, suspend the use of the permit
for a specified period, or revoke a permit previously granted.
E.(1) Notwithstanding any other provision of law to the contrary, nothing shall
prohibit any tobacconist at a particular retail outlet as defined in this Subsection from
purchasing tobacco products for such retail outlet from any manufacturer, wholesale dealer,
or other supplier, if such dealer has a valid, unsuspended certificate or permit.
(2) "Tobacconist at a particular retail outlet" for purposes of this Subsection means
a bona fide retail dealer engaged in receiving bulk smoking tobacco for the purpose of
blending such tobacco for retail sale at a particular retail outlet where fifty percent or more
of the total purchases for the preceding twelve months were purchases of tobacco products,
excluding cigarettes.

Legislative History

Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2006, No. 108, §1, eff. July 1, 2006; Acts 2014, No. 278, §2, eff. May 28, 2014; Acts 2015, No. 406, §1.