HTML has links - PDF has Authentication

Chapter 314-33 WAC

Last Update: 12/16/09

CIGARETTE AND TOBACCO PRODUCTS LICENSE PROCESS

WAC Sections

HTMLPDF314-33-001Cigarette and tobacco products license qualifications and application process.
HTMLPDF314-33-005Reasons the board may deny a cigarette or tobacco products license application.
HTMLPDF314-33-020What criminal history might prevent an applicant from receiving or keeping a cigarette or tobacco products license?
HTMLPDF314-33-025What liquor and cigarette and tobacco products law or rule violation history might prevent an applicant from receiving a cigarette or tobacco products license?
HTMLPDF314-33-030What is the process if the board denies a cigarette or tobacco products license application?


PDF314-33-001

Cigarette and tobacco products license qualifications and application process.

(1) Each cigarette and tobacco products license application is unique and investigated individually. The board may inquire and request documents regarding matters in connection with the cigarette and tobacco products license application. Following is a general outline of the cigarette and tobacco products license application process:
(a) The board may require proof concerning the applicant's identity.
(b) The board may conduct an investigation of the applicants' criminal history and administrative violation history, per RCW 82.24.510 and 82.26.150.
(2) Failure to respond to the board's requests for information within the timeline provided may cause the application to be denied.
[Statutory Authority: RCW 82.24.510, 82.24.550, 82.26.150, 82.26.220. WSR 10-01-089, § 314-33-001, filed 12/16/09, effective 1/16/10.]



PDF314-33-005

Reasons the board may deny a cigarette or tobacco products license application.

The following is a list of reasons the board may deny a cigarette or tobacco products license application:
(1) Failure to meet qualifications or requirements for the specific cigarette or tobacco products license, as outlined in this chapter and chapters 82.24 and 82.26 RCW.
(2) Failure to submit information or documentation requested by the board.
(3) Misrepresentation of fact by any applicant.
(4) Willfully withholding information.
(5) Submitting false or misleading information.
(6) The applicant has failed to submit payments of the taxes imposed under chapter 82.24 or 82.26 RCW along with reports and returns to the department of revenue as required.
(7) If the applicant is a corporation and the corporation is not currently registered with the secretary of state.
(8) The applicant is currently the subject of an outstanding felony arrest warrant.
(9) The existence of disqualifying criminal history standards outlined in WAC 314-33-020.
(10) The existence of disqualifying liquor and cigarette and tobacco products law or rule violation history standards outlined in WAC 314-33-025.
[Statutory Authority: RCW 82.24.510, 82.24.550, 82.26.150, 82.26.220. WSR 10-01-089, § 314-33-005, filed 12/16/09, effective 1/16/10.]



PDF314-33-020

What criminal history might prevent an applicant from receiving or keeping a cigarette or tobacco products license?

(1) For the purpose of reviewing an application for a license and for considering the denial, suspension, or revocation of any such license, the board may consider any prior criminal conduct of the applicant and criminal history record within the previous five years.
(2) When the board processes a criminal history check on an applicant, it uses a point system to determine a person's qualification for a license. The board will not normally issue a cigarette and tobacco products license to an applicant who has accumulated eight or more points as indicated below:
Description
Time period during which points will be assigned from date of conviction
Points assigned
Felony conviction
Five years
12 points
Gross misdemeanor conviction for violation of chapters 82.24 and 82.26 RCW
Five years
12 points
Other gross misdemeanor conviction
Three years
5 points
Misdemeanor conviction
Three years
4 points
Nondisclosure of any of the above
n/a
4 points each
(3) If a case is pending for an alleged offense that would earn eight or more points, the board will hold the application for the disposition of the case. If the disposition is not settled within ninety days, the board may administratively close the application.
[Statutory Authority: RCW 82.24.510, 82.24.550, 82.26.150, 82.26.220. WSR 10-01-089, § 314-33-020, filed 12/16/09, effective 1/16/10.]



PDF314-33-025

What liquor and cigarette and tobacco products law or rule violation history might prevent an applicant from receiving a cigarette or tobacco products license?

The board will conduct an investigation of all applicants' liquor and cigarette and tobacco products law and/or rule administrative violation history. The board will not normally issue a cigarette and tobacco products license to a person, or to an entity that has the following violation history or to any person that has demonstrated a pattern of disregard for laws or rules: Four or more violations within the last two years of the date the application is received by the board.
[Statutory Authority: RCW 82.24.510, 82.24.550, 82.26.150, 82.26.220. WSR 10-01-089, § 314-33-025, filed 12/16/09, effective 1/16/10.]



PDF314-33-030

What is the process if the board denies a cigarette or tobacco products license application?

If the board denies a cigarette or tobacco products license application, the applicant may:
(1) Request an administrative hearing per chapter 34.05 RCW; or
(2) Reapply for the license no sooner than one year from the original denial date.
[Statutory Authority: RCW 82.24.510, 82.24.550, 82.26.150, 82.26.220. WSR 10-01-089, § 314-33-030, filed 12/16/09, effective 1/16/10.]