Tobacco FAQs

 

 

Q: Who is required to have a tobacco permit from ATC?

A: Every person or business who sells or offers for sale at retail cigars, cigarettes, other tobacco products, alternative nicotine products or vapor products within  this State.  Every person or business who sells or offers for sale at wholesale, cigars, cigarettes or other tobacco products into or within this State.

Q: Where can I obtain information on the types of tobacco permits?

A: All applications are available on our website under “permits.”  Each application contains specific information on the qualifications for that permit.

Q: Can I have more than one tobacco permit at my location?

A: ATC only issues one tobacco permit per physical address.

Q: How/where do I submit my tobacco application?

A: You can mail your application to our P.O. Box or submit your application in person at any of our three customer service windows (Baton Rouge, New Orleans, and Opelousas).  Addresses and contact information are available under the “Contact Us” tab.  Renewal applications may be submitted online via our website.

Q: Where can I find the Tobacco minimum pricing for Louisiana? When is the pricing       posted on the website?

The Tobacco minimum price sheet is posted by the 5th of every month. The price sheet can be found at www.atc.la.gov  under Resources, Publications, Tobacco, Download Pricing. The direct links are: 

http://www.atc.la.gov/docs/tobaccominpricing_old.pdf

http://www.atc.la.gov/docs/tobaccominpricing.pdf

Q:  Why are there two price sheets?

A. Effective July 1, 2015 (HB 119 ACT No. 94) a tax of two and ten-twentieths of one cent per cigarette (.50 cents per pack) was levied by Louisiana Legislature on each pack of cigarettes sold in the state of Louisiana. This tax shall apply to cigarette products purchased by retail dealers and wholesale dealers on and after July 1, 2015. Cigarette products purchased prior to July 1, 2015 are subject to the previous SET rate of .36 cents per pack.

Q:  How is the Tobacco minimum pricing calculated?

A. The tobacco minimum price is calculated beginning with the price from the manufacturer            to the wholesaler, to the retailer and finally to the consumer. This calculation includes the cost of doing business on both the wholesale and retail side, the state excise tax (SET), a set markup percentage and considers any rebate or discount from the manufacturer. The calculation is provided on the ATC website:

http://www.atc.la.gov/docs/tobaccominpricing.pdf

Q:  When did the new Tobacco minimum price calculation become effective?

Effective August 1, 2015, HB 477 (Act 406) amends R. S. 26:924 to provide  for the computation of minimum wholesale and retail cigarette pricing. You can view the Tobacco minimum pricing calculation at www.atc.la.gov.

Q:  Is it legal to accept returned tobacco products for a refund or product exchange?

The law does not prohibit the practice of refunding or exchanging tobacco products to  customers. Businesses may implement and decide for themselves the policy regarding such transactions.

Q:  How do I report a tobacco minimum price violation?

The complaint line (225.925.4070) is manned during the hours of 7:00A-3:30P. Callers can leave a recorded message after hours. Or visit our website at www.atc.la.gov and enter a complaint under CONTACT US/SUBMIT COMPLAINT.

Q: Do you have a list of authorized wholesale dealers of alcoholic beverage and tobacco products?

A:  Yes, on our website, select “Permits” then select “Permit Record Search.” 

Q: Can I sell cigarettes over the internet? Can I ship cigarettes to customers?

A: NO.  Delivery sales of cigarettes are strictly prohibited.

Q: My tobacco vending machine is owned and operated by a permitted vending machine company; do I need a tobacco permit?

A: Yes, a tobacco retail dealer permit is required to maintain a tobacco vending machine on your premises.

Q: Do I need a permit to sell E-cigarettes?

A: Yes, a permit is required to sell electronic cigarettes, alterative nicotine products and vapor products at retail in and within this State.

 Q: What are acceptable forms of identification to ensure that a person is above the legal age to purchase tobacco, alternative nicotine and vapor products?

 A:   A valid, current, Louisiana driver’s license which contains a photograph of the person presenting the driver’s license;

 A valid, current, driver’s license of another state which contains a photograph of the person and birth date of the person submitting the driver’s license;

 A valid, current, special identification card issued by the state of Louisiana pursuant to R.S. 40:1321 containing a photograph of the person submitting the identification card;

 A valid, current, special identification card of another state which contains a photograph of the person and birth date of the person submitting the identification card;

 A valid, current, passport or visa issued by the federal government or another country or nation, that contains a permanently attached photograph of the person and the date of birth of the person submitting the passport or visa;

 A valid, current, military or federal identification card issued by the federal government containing a photograph of the person and date of birth of the person submitting the identification card;

A valid, current, selective service card

Each form of identification listed above must on its face establish the age of the person as 18 years or older, and there must be no reason to doubt the authenticity or correctness of the identification.  No form of identification mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated, or altered. If the state identification submitted is a duplicate the person shall submit additional identification which contains the name, date of birth, and photograph of that person.  A duplicate driver’s licenses shall be considered lawful identification and a person shall not be required to submit additional information.   In addition, an educational institution identification card, check cashing identification card, or employee identification card shall not be considered as lawful identification.

Q: What is the legal age to purchase electronic cigarettes, alternative nicotine products and vapor products?

A: 18 years of age.

Q: Are persons under 18 years of age allowed to work in retail stores that sell tobacco products?

A: Yes, minors may handle packaged tobacco products as part of the course and scope of their employment.  However, the employer must fill out an “Application to Employ Minors Under 18” form and return it to the Louisiana Workforce Commission.

Q: Can single cigarettes be sold at retail?

A: No, state and federal law prohibit the sale of cigarettes in any packaging other than the original package from the manufacturer that contains 20 cigarettes.

Q: How much is the fine for selling to a person under the legal age?

A:  ATC takes selling tobacco products to persons under the age of 18 years extremely seriously and maximum penalties may be assessed in addition to criminal charges. Maximum penalties include revocation or suspension of your tobacco or server permit and fines up to $500.00 for a first offense, up to $1,000 for a second offense, and up to $2,500 for a third offense.

Q: I received an ATC administrative violation, what are the possible penalties?

A: Possible penalties include monetary penalties, suspension and/or revocation of your tobacco dealer permit  or server permit.

Q: I received an ATC administrative violation, what is the process. 

A:  After receiving an administrative violation from an ATC agent, you will receive a formal Notice of Violation via certified mail to the mailing address that you provided to ATC.  Your Notice of Violation will either provide you with an opportunity to pay a fine or require that you attend an administrative hearing.  If you are provided the opportunity to pay a fine, but wish to attend the hearing, you may do so by appearing at the hearing date, time and location that will also be provided in your Notice of Violation.  NOTE: failure to receive your Notice of Violation is not a defense.  ATC will proceed with the prosecution of your case in your absence.  You should contact the ATC legal division at (225)-925-4059 if you have not received a Notice of Violation at least 10 days prior to the hearing date listed on your ticket.

Q: I received a Notice of Violation, where can I pay my fine?

You can mail your fine payment to our P.O. Box or pay in person at any of our three customer service windows (Baton Rouge, New Orleans, and Opelousas).  Addresses and contact information are available under the “Contact Us” tab.  You can also pay our fine online on our website under “resources” then “legal/atc fines.”