(1) It is unlawful for any person in this state to manufacture, import, distribute, barter, sell, exchange, or offer cigarettes for sale without first having obtained a license issued by the commission under Section 59-14-202. (2) Except for the tax rates described in Subsection 59-14-204(2), this part does not apply to a cigarette produced from a cigarette rolling machine. (3) (a) The commission shall charge $250 for issuing or renewing a license under this section. (b) The fee for reinstatement of a license that has been revoked, suspended, or allowed to expire is $250. (c) The commission shall deposit 88% of any fee received under this section to the fund described in Section 53-1-123. (4) (a) A license may not be issued until the applicant files a bond with the commission. The commission shall determine the form and the amount of the bond, the minimum amount of which shall be $500. The bond shall be executed by the applicant as principal, with a corporate surety, payable to the state and conditioned upon the faithful performance of all the requirements of this chapter, including the payment of all taxes, penalties, and other obligations. (b) An applicant is not required to post a bond if the applicant: (i) purchases during the license year only products that have the proper state stamp affixed as required by this chapter; and (ii) files an affidavit with the applicant's application attesting to this fact. (5) A person licensed under this section shall disclose on the application for a license each category of product the person will sell under the license from the following categories: (a) tobacco products; (b) nicotine products; or (c) electronic cigarette products.
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