Rule 560-8-1-.02. Licensing - General

1. (1) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigarettes, cigars, little cigars, loose tobacco or smokeless tobacco, vapor products, or alternative nicotine products in this state without first obtaining a license from the Commissioner.
2. (2) The license issued by the Commissioner shall apply only to the premises for which it is issued. A separate license shall be required for each place of business.
3. (3) No person shall store any cigarettes, cigars, little cigars, loose tobacco or smokeless tobacco, vapor products, or alternative nicotine products at any location other than that for which a license is issued except upon the written approval of the Commissioner.
4. (4) Every person applying for a state license, permit, or registration shall apply on forms furnished and in a manner and format reasonably prescribed by the Commissioner; shall under oath answer all questions; shall supply all information, personnel statements, and information regarding an applicant's employees; and, if requested, shall furnish all certificates, affidavits, bonds, and other supporting data or documents, as reasonably required by the Commissioner. All license applications under these regulations shall be kept by the Commissioner as a permanent record. Willful failure to furnish the Commissioner with any of the required information shall constitute grounds for denial or revocation of a license.
5. (5) Applications for a state license, permit, or registration shall specify the premises of the licensee's place of business and such location shall not be changed without the express written approval of the Commissioner during the term of the license.

6. (6) Any legal entity that is lawfully registered and doing business under the laws of this state or the laws of another state, and authorized by the Georgia Secretary of State to conduct business in Georgia, which seeks to obtain a license for tobacco products, vapor products, or alternative nicotine products shall apply for such license in the name of the legal entity as registered with the Office of the Secretary of State in this state. Provided:

   1. (a) In its application, such legal entity shall provide the Commissioner with the name of its agent authorized to receive service of process under the laws of the state, and also provide the Commissioner with the address of its registered office together with a listing of current officers and their respective addresses.
   2. (b) Any legal entity that is not required to register with the Office of the Secretary of State shall provide the Commissioner with the relevant information, including the name and address of a designated responsible corporate officer or partner.
   3. (c) Any change in the status of a licensee's registered agent, sole proprietorship or responsible corporate officer, including but not limited to change of address or name, shall be reported to the Commissioner within five days of such occurrence.
   4. (d) In the event that a legal entity shall fail to appoint or maintain a registered agent in this state as required by law, or whenever its registered agent cannot with due diligence be found at the registered office of the agent as designated in the entity's license application, the Commissioner shall be appointed as agent or designee to receive any citation issued by the Department for violation of relevant laws.
   5. (e) Process may be served upon the Commissioner by leaving duplicate copies of such citations with the Commissioner.
   6. (f) In the event that such notice of citation is served upon the Commissioner or one of the Commissioner's designated agents, the Commissioner shall immediately cause one of the copies of such citation to be forwarded to the legal entity at its registered office. No action on the citation shall occur within thirty (30) days from the date the Commissioner forwards the citation to the legal entity at its registered office.
   7. (g) The Commissioner shall keep a record of all such citations received under this regulation for three years and shall record therein the time of receipt and disposition of that service.

7. (7) Licenses shall have the following valid periods and renewal dates:

   1. (a) Manufacturers, Importers, and Distributors -- The state license for manufacturers, importers, and distributors shall be valid for the state fiscal year (July 1 through June 30). Using the Georgia Tax Center, accessible through the Department's website, a licensee must apply for a license and annually renew the license. A licensee that desires to continue in business for the subsequent state fiscal year must submit an application at least thirty days (30) before the expiration of the license.
   2. (b) Dealers -- The state license for dealers shall be valid for 12 months beginning on the date of issue for the initial license, and the first day of the month of issue for subsequent licenses and shall expire on the last day of the month preceding the month in which the initial license was issued. Using the Georgia Tax Center, a licensee must apply for a license and annually renew the license. A licensee that desires to continue in business for the subsequent year must submit an application at least thirty days (30) before the expiration of the license.
8. (8) In the event a licensee ceases to be actively engaged in such business, the state license shall become invalid, and the licensee shall immediately notify and return the state license to the Department.
9. (9) No license application will be granted where it would lead to a violation of local ordinances or is in contradiction with any Department regulations or other laws of the state.
10. (10) No state license may be transferred from one person to another person. At the Commissioner's discretion, a transfer of license from one location to another location may be granted.
11. (11) Any untrue, misleading, or omitted statement or information from such application shall be cause for the denial thereof and, if any license has been granted, shall constitute cause for revocation.
12. (12) The failure of any applicant, or any person having any interest in any operation for which an application has been submitted, to meet any obligations imposed by the tax laws or any other law or regulation of the state shall constitute grounds for denial of the license, permit, or registration for which application is made.

13. (13) To protect the public interest and welfare, the Commissioner may decline to issue a tobacco license to:

    1. (a) Any person determined by the Commissioner, by reason of such person's business experience, financial standing, trade associations, personal associations, records of arrests, or reputation in any community in which they have resided, to be unlikely to maintain the operation for which they are seeking a license in conformity with federal, state, or local laws.
    2. (b) Any person convicted of a felony who served any part of a criminal sentence, including probation, within ten (10) years immediately preceding the date of receipt of the license or renewal application.
    3. (c) Any person convicted of a misdemeanor who served any part of a criminal sentence, including probation, within two (2) years immediately preceding the date of receipt of the license or renewal application and whose misdemeanor conviction is the result of a tobacco-related or vapor-related offense or whose misdemeanor conviction is for a crime involving moral turpitude.
14. (14) The Commissioner may decline to issue a state license for the operation of a place of business when any person having any interest in the operation of the place of business or control over the place of business does not meet the same requirements as set forth for the licensee.
15. (15) If the Commissioner has reason to believe that an applicant is not entitled to the license for which the applicant has applied, the Commissioner shall notify the applicant. The applicant shall have thirty (30) days from the date of the notice to request in writing a hearing on the application. Upon receipt of an applicant's written request, the Commissioner shall provide the applicant with due notice and opportunity for a hearing on the application conducted by the Commissioner or his or her duly appointed hearing officer pursuant to Regulation 560-8-6 et seq. If the Commissioner, after providing notice and opportunity for a hearing, determines that the applicant is not entitled to a license, the applicant shall be advised in writing of the findings upon which the license denial is based.

Authority: O.C.G.A. §§ 48-11-4, 48-11-6.

History. Original Rule entitled "Organization" adopted. F. and eff. June 30, 1965.

Repealed: F. Aug. 5, 1970; eff. Aug. 25, 1970.

Amended: New Rule entitled "Licensing - General" adopted. F. Sept. 26, 2007; eff. Oct. 16, 2007.

Amended: F. Mar. 10, 2008; eff. Mar. 30, 2008.

Amended: F. May 4, 2026; eff. May 24, 2026.