First Regular Session S.B. 1347
COMMITTEE ON APPROPRIATIONS
SENATE AMENDMENTS TO S.B. 1347
(Reference to printed bill)
Page 1, strike lines 43 through 45
Page 2, strike lines 1 and 2, insert:
"9. "Delivery" means the act of a licensed distributor of delivering tax‑paid tobacco products to any licensed retailer or licensed distributor in furtherance of a lawful sale or order by using either:
(a) A common carrier, if the sale or order is prearranged.
(b) A representative of the licensed distributor in the representative's own motor vehicle, whether or not any aspect of the sale to or order of the retailer was prearranged."
Page 3, after line 32, insert:
"Sec. 2. Section 42-3403, Arizona Revised Statutes, is amended to read:
42-3403. Tobacco product retailers; vehicle as place of business prohibited; exceptions
A. A retailer may sell any tobacco product that is not otherwise prohibited by federal or state law from sale for resale, but a retailer may not acquire or possess unstamped cigarettes, or other tobacco products or cigarettes on which taxes levied under this chapter have not been paid, unless the retailer holds a valid license issued under section 42‑3401.
B. A person may not use a vehicle as a place of business for selling, transferring or otherwise distributing tobacco products. This subsection does not prohibit the lawful delivery of tobacco products by a person who holds a valid license issued under section 42‑3401 using a vehicle that is owned, operated or contracted by that person and who is expressly allowed to carry tax‑paid tobacco products in the vehicle in the normal course of performing the person's duties, including for the purpose of selling tobacco products to, and performing similar lawful transactions with, licensed tobacco product retailers and distributors.
C. This section does not prohibit business activities that are permitted allowed under sections 42‑3454 and 42‑3502 for both taxed and untaxed tobacco products."
Amend title to conform