(a) When using these regulations the following words shall have the meanings here indicated:
Agent. An "agent" shall mean any person authorized to purchase and affix adhesive or meter stamps under the law who is designated as an agent by the Commissioner of Finance.
Cigarette. A "cigarette" shall mean any roll for smoking made wholly or in part of tobacco or any other substance irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
City. "City" shall mean the city of New York.
Commissioner of Finance. The "Commissioner of Finance" shall mean the Commissioner of Finance of the City.
Controlling person. A "controlling person" shall mean any person who is:
(1) an officer, director or partner or, in the case of a limited liability company, a member or a person having with respect to such limited liability company authority analogous to that of an officer or director with respect to a corporation, of an applicant for a license, or
(2) a shareholder, directly or indirectly owning more than ten percent of the number of shares of stock of such applicant (where such applicant is a corporation) entitling the holder thereof to vote for the election of directors or trustees. For purposes of this paragraph, where reference is made to ownership, directly or indirectly, of more than ten percent of the shares of stock of the applicant entitling the holder thereof to vote for election of directors or trustees, in the case of an applicant that at the relevant time has four or fewer shareholders holding shares entitling the holders thereof to vote for the election of directors or trustees, twenty-five percent or more shall be substituted as the applicable percentage in such reference to ownership, directly or indirectly, of voting stock.
Dealer. A "dealer" shall mean any wholesale dealer or retail dealer as hereinafter defined.
Package. "Package" shall mean the individual package, box or other container in or from which retail sales of cigarettes are normally made or intended to be made.
Person. A "person" shall mean any individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals.
Retail dealer. A "retail dealer" shall mean any person other than a wholesale dealer engaged in selling cigarettes. For the purposes of the law, the possession or transportation at any one time of 5,000 or more cigarettes by any person other than a manufacturer, an agent, a licensed wholesale dealer or a person delivering cigarettes in the regular course of business for a manufacturer, an agent or a licensed wholesale or retail dealer, is presumptive evidence that such person is a retail dealer.
Sale or purchase. A "sale" or "purchase" shall mean any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes are, for the purpose of the tax, considered sales.
Use. "Use" shall mean any exercise of a right or power, actual or constructive, and shall include but is not limited to the receipt, storage, or any keeping or retention for any length of time, but shall not include possession for sale by a dealer.
Wholesale dealer. "Wholesale dealer" shall mean any person who sells cigarettes to retail dealers or other persons for purposes of resale only, and any person who owns, operates or maintains one or more cigarette vending machines in, at or upon premises owned or occupied by any other person.
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