26 U.S.C. § 5712 | Application for permit

Every person, before commencing business as a manufacturer or importer of tobacco products or processed tobacco or as an export warehouse proprietor, and at such other time as the Secretary shall by regulation prescribe, shall make application for the permit provided for in section 5713. The application shall be in such form as the Secretary shall prescribe and shall set forth, truthfully and accurately, the information called for on the form. Such application may be rejected and the permit denied if the Secretary, after notice and opportunity for hearing, find that—

(1)

the premises on which it is proposed to conduct the business are not adequate to protect the revenue;

(2)

1 So in original. The comma probably should be a semicolon.

the activity proposed to be carried out at such premises does not meet such minimum capacity or activity requirements as the Secretary may prescribe, or

(3)

such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner)—

(A)

is, by reason of his business experience, financial standing, or trade connections or by reason of previous or current legal proceedings involving a felony violation of any other provision of Federal criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, not likely to maintain operations in compliance with this chapter,

(B)

has been convicted of a felony violation of any provision of Federal or State criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, or

(C)

has failed to disclose any material information required or made any material false statement in the application therefor.

Aug. 16, 1954, ch. 736 68A Stat. 712 Pub. L. 85–859, title II, § 202Sept. 2, 195872 Stat. 1421 Pub. L. 94–455, title XIXOct. 4, 197690 Stat. 1821 Pub. L. 105–33, title IX, § 9302(h)(2)(A)Aug. 5, 1997111 Stat. 674 Pub. L. 111–3, title VII, § 702(a)(1)(A)Feb. 4, 2009123 Stat. 108(, ; , , ; , §§ 1905(a)(27), 1906(b)(13)(A), , , 1834; , (5), , ; , (b)(1), , , 109.)

Editorial Notes

Amendments

Pub. L. 111–3, § 702(a)(1)(A)2009—, inserted “or processed tobacco” after “tobacco products” in introductory provisions.

Pub. L. 111–3, § 702(b)(1)Par. (3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner) is, by reason of his business experience, financial standing, or trade connections, not likely to maintain operations in compliance with this chapter, or has failed to disclose any material information required or made any material false statement in the application therefor.”

Pub. L. 105–33, § 9302(h)(5)1997—, struck out “or” at end of par. (1), added par. (2), and redesignated former par. (2) as (3).

Pub. L. 105–33, § 9302(h)(2)(A), inserted “or importer” after “manufacturer” in introductory provisions.

Pub. L. 94–4551976— struck out “or his delegate” after “Secretary” and struck out provision that no person subject to this section, who was lawfully engaged in business on the date of the enactment of the Excise Tax Technical Changes Act of 1958, be denied the right to carry on that business pending reasonable opportunity to make applications for permit and final action thereon.

Pub. L. 85–8591958— included export warehouse proprietors, and excluded dealers in tobacco materials.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

section 702(a)(1)(A) of Pub. L. 111–3Apr. 1, 2009section 702(a)(6) of Pub. L. 111–3 section 5702 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–3, title VII, § 702(b)(3)Feb. 4, 2009123 Stat. 110

section 5713 of this titleFeb. 4, 2009“The amendments made by this subsection [amending this section and ] shall take effect on the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–33 section 5702(j) of this titleDec. 31, 1999section 9302(i) of Pub. L. 105–33 section 5701 of this titleAmendment by applicable to articles removed, as defined in , after , with transition rule, see , set out as a note under .

Effective Date of 1976 Amendment

section 1905(a)(27) of Pub. L. 94–455Oct. 4, 1976section 1905(d) of Pub. L. 94–455 section 5005 of this titleAmendment by effective on first day of first month which begins more than 90 days after , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–859Sept. 3, 1958section 210(a)(1) of Pub. L. 85–859 section 5001 of this titleAmendment by effective , see , set out as an Effective Date note under .