Section 474. Records to be kept; examination  


Latest version.
  • 1. Every person who shall
      possess or transport any unstamped cigarettes upon the public  highways,
      roads  or  streets of the state, shall be required to have in his actual
      possession invoices  or  delivery  tickets  for  such  cigarettes.  Such
      invoices  or  delivery  tickets  shall  show the name and address of the
      consignor or seller, the name and address of the consignee or purchaser,
      the quantity and brands of the cigarettes transported, and the name  and
      address  of  the  person who has or shall assume the payment of the tax.
      The absence of such invoices or delivery tickets shall  be  prima  facie
      evidence  that  such  person is a dealer in cigarettes in this state and
      subject to the provisions of this article.
        2. Every person who shall possess or transport more than  two  hundred
      fifty   cigars,   or  more  than  five  pounds  of  tobacco  other  than
      roll-your-own tobacco, or more than thirty-six ounces  of  roll-your-own
      tobacco  upon  the public highways, roads or streets of the state, shall
      be required to have  in  his  actual  possession  invoices  or  delivery
      tickets  for  such  tobacco  products. Such invoices or delivery tickets
      shall show the name and address of the consignor or seller, the name and
      address of the consignee or purchaser, the quantity and  brands  of  the
      tobacco products transported, and the name and address of the person who
      has  or  shall  assume the payment of the tax and the wholesale price or
      the tax paid or payable.  The  absence  of  such  invoices  or  delivery
      tickets  shall  be  prima facie evidence that such person is a dealer in
      tobacco products in this state and subject to the requirements  of  this
      article.
        3.  Every  dealer  or distributor or employee thereof, or other person
      acting on behalf of a  dealer  or  distributor,  who  shall  possess  or
      transport  more than fifty cigars or more than one pound of tobacco upon
      the public highways, roads or streets of the state, shall be required to
      have in his actual possession invoices  or  delivery  tickets  for  such
      tobacco  products. Such invoices or delivery tickets shall show the name
      and address of the consignor or seller, the  name  and  address  of  the
      consignee  or purchaser, the quantity and brands of the tobacco products
      transported, and the name and address of the person  who  has  or  shall
      assume the payment of the tax and the wholesale price or the tax paid or
      payable. The absence of such invoices or delivery tickets shall be prima
      facie  evidence that the tax imposed by this article on tobacco products
      has not been paid and is due and owing.
        4. At the time of delivering cigarettes to any person  each  agent  or
      wholesale  dealer, and at the time of delivering tobacco products to any
      person each distributor or wholesale dealer of tobacco  products,  shall
      make  a  true duplicate invoice showing the date of delivery, the number
      of packages and number of cigarettes contained therein, in each shipment
      of cigarettes delivered, and the items and quantity and wholesale  price
      of  each  item  in  each shipment of tobacco products delivered, and the
      name of the purchaser to whom delivery is made,  and  shall  retain  the
      same  for  a  period of three years subject to the use and inspection of
      the commissioner of taxation and finance. Each dealer shall procure  and
      retain  invoices showing the number of packages and number of cigarettes
      contained therein, in each shipment of cigarettes received by  him,  and
      the items and quantity and wholesale price of each item in each shipment
      of  tobacco  products received by him, the date thereof, and the name of
      the shipper, and shall retain the same  for  a  period  of  three  years
      subject  to  the  use and inspection of the commissioner of taxation and
      finance. The commissioner of taxation  and  finance  by  regulation  may
      provide  that  whenever  cigarettes or tobacco products are shipped into
      the state, the railroad company, express company,  trucking  company  or
      other  public  carrier transporting any shipment thereof shall file with
    
      the commissioner of taxation and finance a  copy  of  the  freight  bill
      within  ten  days  after the delivery in the state of each shipment. All
      dealers shall maintain and keep for a period of three years  such  other
      records  of  cigarettes  or tobacco products received, sold or delivered
      within the state as may be required by the commissioner of taxation  and
      finance.  The  commissioner of taxation and finance is hereby authorized
      to examine the books, papers, invoices and other records of  any  person
      in  possession, control or occupancy of any premises where cigarettes or
      tobacco products are placed, stored, sold or offered for sale,  and  the
      equipment of any such person pertaining to the stamping of cigarettes or
      the  sale  and  delivery of cigarettes or tobacco products taxable under
      this article, as well as the stock of cigarettes or tobacco products  in
      any  such premises or vehicle. To verify the accuracy of the tax imposed
      and assessed by this article, each such person is  hereby  directed  and
      required to give to the commissioner of taxation and finance or his duly
      authorized  representatives,  the  means, facilities and opportunity for
      such examinations as are herein provided for and required.