Section R15-3-309. Inspection of Tobacco Product Retailers

A.      A tobacco product retailer shall maintain any books, papers, invoices, records, and luxuries subject to the Department’s inspection under A.R.S. § 42-3151 in a place and manner at the retail operation that is accessible to the Department during normal business hours without a judicial warrant or prior written consent of the retailer. For example, if a retailer or agent  of  the  retailer  also  uses  the   business  location  for

residential purposes, the retailer shall maintain its books, papers, invoices, records, and luxuries in a place and manner at the business location that does not require the Department to obtain a judicial warrant or written consent from the retailer or an agent of the retailer before conducting an inspection during normal business hours.

B.       If the retailer maintains any books, papers, invoices, or records electronically, the business shall provide access to the data for the Department’s inspection at the business location, regardless of the storage location of the data. The retailer shall provide the access at the business location in a place and manner that is accessible to the Department during normal business hours without a judicial warrant or prior written consent of the retailer.

Historical Note

Adopted effective March 18, 1981 (Supp. 81-2). Former Section R15-3-309 renumbered to Section R15-3-307, new Section R15-3-309 renumbered from R15-3-311 and amended effective June 20, 1990 (Supp. 90-2). Section repealed by final rulemaking at 5 A.A.R. 2168, effective June 15, 1999 (Supp. 99-2). New Section made by final rulemaking at 14 A.A.R. 4410, effective January 3, 2009

(Supp. 08-4).