Section 473. Affixation and cancellation of stamps; presumption  


Latest version.
  • Each agent
      shall affix within the time hereinafter prescribed, to each  package  of
      cigarettes,  stamps  evidencing  the  payment of the tax imposed by this
      article and shall cancel such stamps before such cigarettes are  offered
      for  sale  or  before they are otherwise disposed of, unless stamps have
      been affixed to such packages of cigarettes and  cancelled  before  such
      agent received them. Each dealer, other than an agent, shall immediately
      upon  the receipt of any cigarettes at his place of business mark in ink
      on each unopened box, carton or other container of such  cigarettes  the
      word  "received"  and the year, month, day and hour of such receipt, and
      shall affix his signature thereto, or in any other manner prescribed.
        Each retail dealer shall open such  box,  carton  or  other  container
      within  twenty-four  hours  after such receipt and prior to exposing for
      sale or selling such  cigarettes  and  examine  the  packages  contained
      therein for the purpose of ascertaining whether or not the said packages
      have  affixed  thereto  the proper tax stamp; if unstamped or improperly
      stamped packages of cigarettes are discovered, the retail  dealer  shall
      immediately  notify the dealer from whom said cigarettes were purchased.
      Upon such notification,  the  dealer  from  whom  said  cigarettes  were
      purchased  will replace such unstamped or improperly stamped packages of
      cigarettes with those upon which stamps have been properly affixed.
        Whenever any cigarettes are found in the place  of  business  of  such
      dealer,  other  than an agent, without the stamps affixed and cancelled,
      or not marked as having been received within the  preceding  twenty-four
      hours, the presumption shall be that such cigarettes are kept therein in
      violation  of the provisions of this article. Stamps shall be affixed to
      each package of cigarettes of an aggregate denomination  not  less  than
      the amount of the tax upon the contents therein, and shall be affixed in
      such manner as to be visible to the purchaser.