[Editor's note: This section takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following the article heading.] Beginning January 1, 2021, it is unlawful for any person to engage in the business of a distributor of nicotine products at any place of business without first obtaining a license granted and issued by the department, which license is in effect until June 30 following the date of issue, unless sooner revoked. The department shall grant a license only to a person who owns or operates the place from which the person engages in the business of a distributor of nicotine products, and, if the business is operated in two or more separate places by the person, a separate license for each place of business is required. A license may be renewed only upon timely application and payment of the required fee prior to expiration. A license may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license is ten dollars per year, and the fee is credited to the general fund. The fee is reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article 28.6, and the department shall not issue a license to the same person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased nicotine products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor license, and shall revoke a distributor's license, if the distributor owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor license to a distributor that has a current license issued pursuant to section 39-26-103.
Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1200, § 18, effective (see editor's note).