Section R9-2-107. Retail Tobacco Store

A.      A proprietor may permit smoking in a retail tobacco store only if the retail tobacco store meets the definition in A.R.S. § 36- 601.01(A)(10) and the requirements in A.R.S. § 36- 601.01(B)(3) and this Section.

B.       The proprietor of a retail tobacco store where smoking is per- mitted and that begins operating after January 1 of a calendar year shall complete, by the retail tobacco store’s first day of operation, an affidavit that contains:

1.        The name of the proprietor of the retail tobacco store,

2.        The name and address of the retail tobacco store,

3.        A statement that the proprietor of the retail tobacco store has personal knowledge of the facts supporting the affida- vit,

4.        A statement that the retail tobacco store expects to derive at least 51 percent of its gross income during each calen- dar year from the sale of tobacco products and accesso- ries as required by A.R.S. § 36-601.01,

5.        A statement describing the documents that contain the facts supporting the statement in subsection (B)(4),

6.        The signature of the proprietor of the retail tobacco store,

7.        An Arizona notary’s signature certifying that the propri- etor swore to or affirmed the truthfulness of the state- ments in the affidavit, and

8.        The date of the Arizona notary’s signature.

C.      The proprietor of a retail tobacco store where smoking is per- mitted and that has been in operation for at least an entire cal- endar year shall complete, by January 31 of each year, an affidavit that contains:

1.        The name of the proprietor of the retail tobacco store,

2.        The name and address of the retail tobacco store,

3.        A statement that the proprietor of the retail tobacco store has personal knowledge of the facts supporting the affida- vit,

4.        A statement that the retail tobacco store derived at least 51 percent of its gross income during the previous calen- dar year from the sale of tobacco products and accesso- ries,

5.        A statement describing the documents that contain the facts supporting the statement in subsection (C)(4),

6.        The signature of the proprietor of the retail tobacco store,

7.        An Arizona notary’s signature certifying that the propri- etor swore to or affirmed the truthfulness of the state- ments in the affidavit, and

8.        The date of the Arizona notary’s signature.

D.      If the Department or the Department’s designee receives a complaint under R9-2-109(A) about a retail tobacco store where smoking is permitted, the proprietor of the retail tobacco store shall provide to the Department or the Depart- ment’s designee:

1.        The affidavit under subsection (B) or the most current affidavit under subsection (C), whichever is appropriate; and

2.        Documents that enable the Department or the Depart- ment’s designee to determine the percent of gross income derived from the sale of tobacco products and accesso- ries:

a.         For the calendar quarter immediately preceding the date of the complaint; or

b.        If the retail tobacco store was not in operation for the entire calendar quarter immediately preceding the date of the complaint, for the period beginning on the date the retail tobacco store opened and ending on the date of the complaint.

E.       The proprietor of a retail tobacco store where smoking is per- mitted shall retain on the premises of the retail tobacco store and make available to the Department or the Department’s designee upon request:

1.        The affidavit under subsection (B) or the most current affidavit under subsection (C), whichever is appropriate; and

2.        The documents:

a.         Identified  under  subsection  (B)(5)  or  subsection (C)(5), whichever is appropriate; and

b.        Required under subsection (D)(2).

Historical Note

Adopted effective January 6, 1989 (Supp. 89-1).

Repealed effective September 30, 1993, under an exemp- tion from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section made by exempt rulemaking at 13

A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).