10-50C-1. Definitions. Terms used in this chapter mean: (1)”Cigar”, any individual roll of tobacco that has a wrapper or cover consisting only of tobacco; (2)”Cigar shipper,” any person who has obtained a cigar shipper license pursuant to this chapter; (3)”Common carrier,” a carrier that holds itself out to the general public as engaged in the […]
10-50C-10. Taxes. A cigar shipper shall remit the tax prescribed pursuant to § 10-50-61 based upon the wholesale purchase price, as defined in this chapter, for any cigars sold and shipped to a consumer in this state. If there is no wholesale purchase price, the cigar shipper shall remit the tax prescribed pursuant to § […]
10-50C-11. Entities exempt from §10-50C-10. The following entities are exempt from the provisions of § 10-50C-10: (1)A cigar shipper who is also a licensed distributor or licensed wholesaler pursuant to chapter 10-50 and who has already remitted the tax pursuant to § 10-50-61 on cigars brought into this state that were subsequently sold and shipped […]
10-50C-12. Electronic submission of returns–Electronic remittance of tax. The cigar shipper shall file a return required to be filed pursuant to § 10-50C-9 by electronic means with the department. The cigar shipper shall remit any taxes required to be remitted pursuant to § 10-50C-10 by electronic means to the department. Source: SL 2021, ch 52, […]
10-50C-13. Sale and shipment without license prohibited–Action by department for violation–Civil penalty. A sale and shipment of cigars to a person in this state from a person who does not hold a current cigar shipper license is prohibited. Any person who violates this section is also in violation of § 10-50-99 and is subject to […]
10-50C-14. Resale of cigars prohibited–Violation as misdemeanor. Cigars shipped to any person in this state pursuant to this chapter may only be used for personal use and may not be resold. It is a Class 1 misdemeanor for any person to resell or attempt to resell any cigar obtained pursuant to the provisions of this […]
10-50C-15. Promulgation of rules. The department may promulgate rules, pursuant to chapter 1-26, concerning: (1)Forms necessary for the implementation of this chapter; (2)Reporting and tracking requirements for cigar shipper licensees; and (3)The procedure for filing tax returns and the remittance of all applicable taxes. Source: SL 2021, ch 52, § 15, eff. Jan. 1, 2022.
10-50C-2. Cigar shipper license requirements. Any person located within or outside of this state may obtain a cigar shipper license. An applicant for an initial or renewal cigar shipper license shall: (1)File an application with the department on a form prescribed by the department; (2)Pay a license fee of one hundred dollars; (3)Hold a South […]
10-50C-3. Period of validity of license–Proration or refund of license fee prohibited. A cigar shipper license is valid from July first to June thirtieth, inclusive. However, the license is valid for an additional three days if a proper application for a new license is in the possession of the department before midnight on the thirtieth […]
10-50C-4. Sale and shipment requirements. Notwithstanding § 10-50-99, a cigar shipper may sell and ship cigars to any person in this state who is twenty-one years of age or older. Before shipping the cigars, the cigar shipper shall verify the age of the person placing the order by obtaining a copy of the person’s valid […]
10-50C-5. Package labeling requirements. A cigar shipper shall conspicuously label each package to be shipped with words indicating that the package contains cigars and that the signature of a person twenty-one years of age or older is required for delivery. Source: SL 2021, ch 52, § 5, eff. Jan. 1, 2022.
10-50C-6. Delivery of shipment by common carrier–Requirements. Each shipment of cigars made pursuant to this chapter shall be delivered by a common carrier with a label that complies with the provisions of § 10-50C-5. The common carrier shall obtain the signature of a person twenty-one years of age or older prior to delivery of the […]
10-50C-7. Civil penalty. A cigar shipper who violates § 10-50C-4 or 10-50C-5 is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for a second or subsequent offense. Penalties may be levied by the department. A common carrier who violates § 10-50C-6 is subject to a civil […]
10-50C-8. State jurisdiction–Audit of records. A cigar shipper consents to the jurisdiction of the department and the courts of this state with respect to the enforcement of the provisions of this chapter. The cigar shipper shall allow the department to perform an audit of the cigar shipper’s records, including any documents used to verify the […]
10-50C-9. Cigar shipper quarterly returns. A cigar shipper shall file a quarterly return with the department on or before the fifteenth day of the month following each quarterly period even if no business was transacted during the reporting period. The return must include: (1)The business name, address, and cigar shipper license number of the cigar […]
