As used in this part:
(1) "Permitted vending device operator" or "PVDO" means any person that:
- (A) Sells tangible personal property through vending devices;
- (B) Elects to retain or obtain an Arkansas retail sales tax permit; and
- (C) Elects to pay the five and five-tenths percent (5.5%) vending goods wholesale tax on purchases or withdrawals from stock or goods sold through vending devices instead of paying sales tax to the supplier;
(2) "Person" means any:
- (A) Individual;
- (B) Partnership;
- (C) Corporation;
- (D) Limited liability corporation;
- (E) Association;
- (F) Organization;
- (G) Nonprofit corporation; and
- (H) County, municipality, or other subdivision of this state;
(3)
- (A) "Purchase price" means the final price reflected on the seller's invoice or other document evidencing sale of goods after deducting any manufacturer's rebates, seller discounts, or other credits which reduce the actual cost of the goods.
- (B) "Purchase price" does not include soft drink taxes or other taxes collected by the seller if separately stated on the invoice;
- (4) "Secretary" means the Secretary of the Department of Finance and Administration or his or her authorized agents;
(5)
- (A) "Vending device" means any machine or manual device which dispenses tangible personal property after a coin or other thing of value is inserted.
(B) The term "vending device" shall not include devices used exclusively for the purpose of selling:
- (i) Cigarettes;
- (ii) Newspapers;
- (iii) Magazines; or
- (iv) Postage stamps;
- (6) "Vending device goods" means tangible personal property sold through a vending device; and
(7)
- (A) "Withdrawal from stock" means the action of taking from inventory vending device goods which are identified and intended for sale through a vending device located in Arkansas.
(B) A withdrawal from stock at the option of the vending device operator occurs upon one (1) of the following acts:
- (i) The removal from a warehouse or other established inventory in Arkansas of identified vending device goods intended for sale through a vending device in Arkansas;
- (ii) The delivery into an Arkansas vending device of identified vending device goods intended for sale through a vending device in Arkansas which goods have previously been removed from a warehouse or other established inventory either within or without Arkansas; or
- (iii) The dispensing out of an Arkansas vending device of identified vending device goods which have previously been removed from a warehouse or other established inventory either within or without Arkansas.