§ 4 Licence Duty
Sale of tobacco products can only happen on the basis of a license issued by the municipality.
The license applies to a specific local and a specific type of business.
A license granted to it for whose account the business operates.
§ 5 Licence Period
A license to sell tobacco products given up on. Such licenses may also be granted for a specific part of the year, or for a single occasion. The municipality may, by processing an application for a license for a single occasion to emphasize tobacco policy considerations. The ministry may lay down further criteria for licenses for a single occasion.
§ 6 Application requirements
Application for a license shall be in writing and accompanied by proof of payment of application fee, see § 15
Applicant must submit a police certificate for persons referred to in § 8 of the first paragraph. The certificate is defined to include violations of the Tobacco Control Act, the Alcohol Act, the Customs Act, excise law, trademark law and design law. The violations shall be noted in accordance with law Registration Act § 41 paragraph 1 and # 2
The applicant should submit unsolicited submit the information necessary to decide whether the statutory requirements for awarding a license are met.
The Ministry may issue regulations on the requirements that apply to the application.
§ 7 Rules of procedure
A license for the sale of tobacco products is provided by the municipality.
The municipality will consider license application as quickly as possible and within three months. The deadline may be extended once if the complexity makes it necessary. Deadline extension must be justified and shall be officially notified before the original deadline is up.
A license shall not be deemed given although procedural deadline.
The municipality may require the applicant to document the information necessary to assess whether the requirements of § § 8 and 9 are met.
Notification of specific licenses shall be sent to the police.
The Ministry may issue regulations concerning the procedures for completing rules in favor of the law licenses of this Act. The procedures may waive the provisions of the Public Administration. The Ministry may issue regulations also provide detailed provisions on documentation requirements in the fourth paragraph.
§ 8 Requirement to conduct
Licensee, boards, deputy and other individuals with significant influence on the business, must have demonstrated impeccable repute when it comes to the Tobacco Act and the provisions of the Alcohol Act, the Customs Act, excise law, trademark law and design law which is related to the Tobacco Act's purposes.
A person who owns a significant portion of the business or a company doing business, which derives a substantial part of its return or who by virtue of his position as leader has significant influence on it, will always be deemed to have a significant impact on the business.
In considering whether a person has substantial influence on the business, it can also be given to related parties influence on the business. Close associates means
- spouse or person that the person living in a marriage-like relationship,
- relatives in direct ascending or descending line, as well as siblings and
- the spouse or person living with the person referred to in paragraph 2 in a marriage-like relationship.
The municipality determines the requirement of good repute is met and the persons who shall conduct considered. The Ministry may issue regulations on the content and documentation of good conduct requirements.
§ 9 The manager and deputy
For each license must be a move with the sitter to be approved by the licensing authority. There may be exemptions from the requirement to substitute when it would be unreasonable include the interests of sale's size.
The manager and deputy must be employed at point of sale or work in the business by virtue of the ownership position. As controls can only be appointed who has the right to manage the sale, including responsibility for overseeing the conduct of the license. In the governing board's duties absence incumbent deputy. The licensee must immediately apply for approval of new controls if the control ends.
The manager and deputy must be over 20 years and have proven knowledge of the Tobacco Control Act and regulations issued pursuant to it.
At the request of the licensing authority has control and deputy obliged to identify themselves.
The Ministry may issue regulations on the content and documentation of eligibility requirements, including the payment of the accounts of the knowledge test. The Ministry may issue regulations on the detailed content manager and deputy duty to ensure that the license be exercised in accordance with regulations issued pursuant to this Act.
§ 10 Inspection of sales licenses
The municipality supervises the conduct of sales license.
Licensing authority may at any time request access to the site's sales offices and financial statements, including the request to obtain the required information on the accounts and operations of the licensee. The licensee shall, without compensation or remuneration to disclose the necessary samples to the licensing authority.
The Ministry may issue regulations on control and the exercise of control.
The Ministry may issue regulations regarding internal controls to ensure that the requirements laid down in or pursuant to this Act.
§ 11 Withdrawal of sales licenses
The municipality may license period repossess a license for a shorter or longer period if the conditions in § 8 no longer fulfilled, or if the licensee fails to perform its obligations under this Act or the regulations issued pursuant to it.
A license may be revoked if it is not used within the last year.
The Ministry may issue regulations on appraisal and completion of the withdrawal right under this section, including the confiscation of period length.
§ 12 Assignment, death and bankruptcy
A license ceases upon transfer of the business. The same applies to the transfer of all or the bulk of the shares or shares in a company that owns such activities. The business can still continue on the previous license for three months, unless the licensing authority is notified of this and apply for a new license without undue delay and no later than 30 days after the transfer. If an application for a new license is not finally decided by the municipality within three months, the municipality may grant permission for the run on the previous license for up to one additional month.
A license ceases when a licensee's death. The estate may continue operations under the previous license for three months after the death if the licensing authority shall be informed of it, or by the same deadline assign tobacco products to licensees under this Act.
A license ceases when a licensee's bankruptcy.
§ 13 The police shut access
The police can close a place that sells tobacco products without a license.
§ 14 police notification obligation
If the police uncover factors that are likely to affect the licensing question, the duties of its own accord and without the duty of confidentiality to inform the licensing authority about it.
§ 15 Application and license fees
To apply for a license shall first be paid an application fee.
For license shall pay an annual license fee.
The charges accrue municipality.
The Ministry issues regulations on fee rates and payment of fees.
§ 16 Complaints
The municipality's decision under this Act may be appealed to the County.