§ 68-500.33. Licenses.

A.  Each supplier engaged in business in this state as a supplier shall first obtain a supplier's license.

B.  Any person who desires to precollect the tax imposed by this act as a supplier and who meets the definition of a permissive supplier may obtain a permissive supplier's license.  Application for or possession of a permissive supplier's license shall not in itself subject the applicant or licensee to the jurisdiction of this state for any other purpose than administration and enforcement of this act.

C.  Each terminal operator, other than a supplier licensed under subsection A of this section, engaged in business in this state as a terminal operator shall first obtain a terminal operator's license for each terminal site.

D.  Each person, except suppliers, desiring to export motor fuel to a destination outside of this state shall first obtain an exporter's license.  The state shall require that any exporter who exports product to another state without first paying the motor fuel tax of that destination state to the supplier shall first obtain an exporter's license.

E.  Each person who is not licensed as a supplier or bonded importer shall obtain a transporter's license before transporting motor fuel by whatever manner from a point outside this state to a point inside this state, or from a point inside this state to a point outside this state, regardless of whether the person is engaged for hire in interstate commerce or for hire in intrastate commerce.

F.  1.  Each person desiring to deliver motor fuel into this state on behalf of such person, for the account of that person, or for resale to a purchaser in this state, from another state in a fuel transport truck or in a pipeline or barge shipment into storage facilities other than a qualified terminal, shall first make application for and obtain either an occasional importer's license, or a bonded importer's license.

2.  Paragraph 1 of this subsection shall not apply to persons who exclusively import motor fuel which is exempted because in accordance with paragraph 16 of Section 500.10 of this title it has been dyed.

3.  Paragraph 1 of this subsection shall not apply to persons who import nonexempt motor fuels meeting the following conditions:

a.all of the motor fuel is subject to one or more tax precollection agreements with suppliers as provided under Section 500.19 of this title,

b.all of the motor fuel tax precollected by the supplier is expressly evidenced on the terminal-issued shipping paper as more specifically provided under Section 500.44 of this title, and

c.the Commission has determined that all border states have adopted terminal reporting requirements adequate for the mutual enforcement of this act.

4.  A person desiring to import motor fuel to a destination in this state from another specific terminal source state, and who has not entered into an agreement to prepay the motor fuel tax of this state to the supplier or permissive supplier with respect to the imports, shall obtain a valid occasional importer's license, or subject to the bonding requirements of subsection B of Section 500.35 of this title, a valid bonded importer's license under paragraph 1 of this subsection.  In either event, the person shall:

a.obtain an import verification number from the Commission no sooner than twenty-four (24) hours prior to entering the state for each separate import into this state, but in any event the number shall be obtained prior to entering this state, and

b.display the handwritten import verification number on the terminal-issued shipping document required under Section 500.50 of this title, and

c.comply with the payment requirements under Section 500.18 of this title, whichever is applicable.

5.  The importers' licenses issued pursuant to this section shall be specific to each source of supply state, and in the event that the other terminal source of supply state shall have adopted reciprocal legislation, or a multi-state compact, providing for collection of destination state tax by the terminal supplier in accordance with terminal-issued shipping papers designating the intended state of destination, then the importer shall be ineligible for a license to import motor fuel outside the bulk transfer system from the other state, and any license to so import from the other state shall be rendered invalid.

G.  Each person who is an importer of motor fuel into this state by a tank wagon operating out of or controlling a bulk plant in another state, if the destination of that tank wagon is within twenty-five (25) miles of the border of this state, shall make application for and obtain a license from the Commission prior to engaging in such importation activities.  However, registration as a tank wagon operator-importer shall not constitute authorization of such persons to acquire nonexempt motor fuel free of the tax imposed by this act at a terminal either within this state or without this state for direct delivery to a location in this state.  Any person who possesses a valid importer's license shall be eligible as a tank wagon operator-importer without issuance of a separate license provided the importer also operates one or more bulk plants outside this state.  Operators of a tank wagon delivering a product into this state more than twenty-five (25) miles from the border shall be required to apply for an importer's license under subsection F of this section.

H.  1.  Each person who engages in the business of selling motor fuel, compressed natural gas, or liquefied natural gas at wholesale or retail, or storing or distributing motor fuel, compressed natural gas, or liquefied natural gas for resale within this state, shall first obtain a fuel vendor license which shall be operative for all locations controlled or operated by that licensee in this state or in any other state from which the person removes fuel for delivery and use in this state.

2.  Each fuel vendor shall maintain detailed records of all purchases and sales for a period of not less than three (3) years.

3.  All fuel vendor records shall be maintained in English and Arabic numerals or language acceptable to electronic formats.

4.  The Commission may, in its discretion, exempt from paragraph 1 of this subsection any or all classes of persons who possess a valid supplier, terminal operator, carrier, importer, tank wagon operator or exporter license.

Added by Laws 1996, c. 345, § 33, eff. Oct. 1, 1996.  Amended by Laws 2011, c. 163, § 6, eff. Jan. 1, 2012; Laws 2013, c. 375, § 6, eff. Jan. 1, 2014.