New York Tax Code § 480

License
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§ 480. License. 1. General. (a) On and after July first, nineteen\nhundred thirty-nine no person shall be a wholesale dealer unless he has\nbeen granted and publicly displays in his place of business a license\nfrom the department. Applications for licenses shall be made on forms\nprescribed by the commissioner.\n  (b) Applications shall be accompanied by proof of the applicant's\nfinancial responsibility, including, but not limited to, satisfactory\nproof of a minimum net worth of twenty-five thousand dollars if the\napplicant is an individual, or net worth in the capitalization of the\nbusiness if the applicant is not an individual equal to a minimum of\ntwenty-five thousand dollars.\n  (c) Each applicant shall file with the department a bond issued by a\nsurety company approved by the superintendent of financial services as\nto solvency and responsibility and authorized to transact business in\nthe state, in the face amount of ten thousand dollars, to secure payment\nof any sums due for any violation of article twenty or article twenty-A\nof this chapter, or the regulations of the commissioner thereunder.\n  (d) Each applicant shall file satisfactory proof that it will maintain\na secure separate warehousing facility for the purpose of receiving and\ndistributing cigarettes or tobacco products and conducting its wholesale\nbusiness. Such proof shall consist of a copy of a deed, or a copy of an\nexecuted lease for a minimum period of two years, to a separate, secure\nwarehouse. If the applicant carries on another business in conjunction\nwith the warehouse facility, the other business shall also be\nidentified.\n  (e) Each applicant shall file satisfactory proof that it will provide\ndisability and workers' compensation insurance for its employees.\n  (f) Each applicant shall submit proof of United States citizenship or\neligibility to obtain employment within the United States if not a\ncitizen. If the applicant is not an individual, such proof shall be\nsubmitted with respect to each controlling person of the applicant.\n  (g) The fee for the filing of an application for a license shall be\nfifteen hundred dollars, unless such fee has been paid during the\npreceding twelve months, in which case, the fee for a new license shall\nbe one thousand dollars. Each application shall be accompanied by a\ncertified check for the required application fee.\n  (h) Except as provided in subdivision four of this section, a license\nshall continue in effect until revoked or suspended for cause or\nsurrendered.\n  (i) A license shall not be assignable but an applicant who is\npurchasing the business of a licensee shall file a copy of the contract\nof sale and any related documents with its application.\n  (j) The commissioner may for cause refuse to issue, or may suspend or\nrevoke a wholesaler's license, or may forbid a retail dealer to continue\nselling cigarettes or tobacco products or may forbid a person required\nto be appointed as a distributor of tobacco products who has not been so\nappointed from selling cigarettes or tobacco products, after an\nopportunity for hearing has been afforded. A violation of any provision\nof this article or of any regulation issued under it shall be cause to\nforbid a retail dealer to continue selling cigarettes or tobacco\nproducts.\n  (k) No agent shall sell cigarettes and no distributor shall sell\ntobacco products to an unlicensed wholesale dealer, or to a wholesale\ndealer whose license has been suspended or revoked, or to a retail\ndealer who is not registered under section four hundred eighty-a of this\narticle, or whose registration has been suspended or revoked, and no\nwholesale dealer shall sell cigarettes or tobacco products to a retail\ndealer who is not registered under section four hundred eighty-a of this\narticle, or whose registration has been suspended or revoked, and no\nretail dealer shall sell cigarettes or tobacco products unless such\ndealer is registered under section four hund

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