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(a) Except as hereinafter provided, the Commissioner of Finance may destroy by incineration stamps which have been mutilated, broken, cancelled or otherwise become unfit for use or consumption. Such stamps shall be destroyed in the presence of the Commissioner of Finance, or his representative duly authorized in writing, who shall thereupon certify, in duplicate, to the fact of said destruction, the subject matter of the destruction in detail, and the persons before whom said destruction took place. Said certification, duly sworn to, shall be kept on file in the office of the Commission of Finance.
(b) The destruction of joint stamps used for the payment of the state cigarette tax and the city tax shall be in such manner as may be prescribed by the State Tax Commission and the Commissioner of Finance.
(a) Every person who possesses or transports upon the public highways, roads or streets of the city more than four hundred cigarettes in unstamped packages, is required to have in his actual possession invoices or delivery tickets for such cigarettes. All such invoices or delivery tickets must show the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of cigarettes transported. The absence of such invoices or delivery tickets shall be prima facie evidence that such person is a dealer in cigarettes in the city and subject to the provisions of the law.
(a) Owners and operators of cigarette vending machines are required to have the name, address, cigarette dealer's license number and telephone number of the owner displayed on each machine in operation within the City. The Commissioner of Finance may also require a report from such owners, which report shall contain information showing the location of each machine, the record of any change of location, placing of additional machines or withdrawal of previously listed machines, and such other information as the Commissioner of Finance may require.
(b) Every package of cigarettes placed in any cigarette vending machine having an area through which such packages are visible, must be so placed therein that the New York City cigarette tax stamps thereon are visible. Whenever any cigarettes are found in any vending machine in violation of the provisions of this section or whenever a vending machine is not properly labeled, the duly authorized agents or employees of the Department of Finance shall seal the machine to prevent sale or removal of any cigarettes from the vending machine until such time as the violation is corrected in the presence of a duly authorized agent or employee of the Department of Finance.
(a) The Commissioner of Finance may appoint as an agent to affix stamps to be used in paying the tax imposed by the law any person who has been appointed by the State Tax Commission to affix stamps used in payment of the tax imposed by Article 20 of the State Tax Law. Each agent so appointed will be assigned a distinctive number to be used by him in the cancellation of stamps and for other purposes when necessary and said number will be the same as that assigned to such agent by the State Tax Commission. An agent shall at all times have the right to appoint the person in his employ who is to affix the stamps to any cigarettes under his control. Such agent shall purchase stamps from banks to which he has been assigned.
(b) (1) At the discretion of the Commissioner of Finance agents may be permitted to pay for the purchase of such stamps within thirty days after the date of purchase, provided a surety bond satisfactory to the Commissioner of Finance is filed with him.
(2) A bond to secure the payment of sums due from an agent shall be on a form prescribed by the Commissioner of Finance and shall be issued by a surety company which is approved by the Superintendent of Insurance as to solvency and responsibility and which is authorized to transact business in the State of New York. Such bond, which must be filed in triplicate, shall secure the amount of credit for which application is made, and shall continue in full force and effect until a certificate has been issued by the Commissioner of Finance to the effect that all monies due the City for the purchase of stamps have been paid in full.
(3) In addition to the credit bond described in paragraph (2) of this subdivision, an agent may be required to file with the Commissioner of Finance a surety bond issued by a surety company described in paragraph (2), in such amount as he deems appropriate, guaranteeing the proper discharge and performance of his duties as agent.
(c) A nonresident agent, that is, one located outside the City of New York, may likewise be appointed by the Commissioner of Finance for the purpose of purchasing and affixing stamps for cigarettes. Nonresident agents desiring to purchase stamps on credit may be permitted to do so, in the discretion of the Commissioner of Finance, in the same manner, and subject to the same conditions, as described in subdivision (b) of this section, in such amount as the Commissioner of Finance may deem appropriate, guaranteeing the proper discharge and performance of his duties as a nonresident agent. Such nonresident agent must agree to submit his books of account and records for examination during reasonable business hours.
(d) In lieu of the bonds described in the preceding subdivisions, an agent may deposit with the Commissioner of Finance his personal bond together with securities, approved by the Commissioner of Finance, in such amounts as he may require. Such securities shall be kept in the custody of the Commissioner of Finance. Securities so deposited may be sold by the Commissioner of Finance, should it become necessary to do so, to recover any sums due from an agent pursuant to this section but no such sale shall be had until an agent shall have had an opportunity to be heard regarding the validity of any tax or the amount due, or to have a court determination, as provided by the law or these regulations. Upon any such sale the surplus, if any, above the sums due shall be returned to such agent.
(e) No credit for the purchase of stamps shall be granted in excess of the amount secured by a credit bond or collateralized personal bond.
(f) If, on June 30, 1982, an agent has outstanding a sum due for stamps purchased on credit, which sum is not fully secured by a credit bond or collateralized personal bond, such agent shall, on the first day of each of the next forty succeeding months, reduce the sum which is not so secured by an amount equal to two and one-half percent of such unsecured sum by paying such amount in cash or by tendering a credit bond or collateralized personal bond, as described in the preceding subdivisions, in such amount. Provided, however, that the Commissioner of Finance in implementing the foregoing reduction in unsecured credit shall have the authority to make minor adjustments to the foregoing percentage to adjust for the purchase of stamps in full rolls and provided further, however, that all of such unsecured credit shall be eliminated within the foregoing period of forty months.
(g) In the event that the agent fails to remit any amount owed for stamps purchased on credit (with or without a credit bond or other security) when due, then, in such event, all or any part of the amounts then owing for credit purchases of stamps shall, at the option of the Commissioner of Finance, become immediately due and payable, the extension of credit to the agent shall immediately terminate, and no further sales to the agent will be made until such time as remittance in full is received for all such amounts so declared to be due and the Commissioner of Finance approves the restoration of credit and the making of sales to the agent.
(h) No person shall sell or offer for sale any stamps issued under the law, except by written permission of the Commissioner of Finance.
(a) The law provides that whenever the Commissioner of Finance shall sell, consign or deliver to any agent authorized to affix stamps to be used in payment of the tax imposed thereby, such agent shall be entitled to receive as compensation for his services and expenses in affixing such stamps and to retain out of the monies to be paid by him for such stamps, a commission on the par value thereof. The Commissioner of Finance is authorized to prescribe a schedule of commissions not exceeding five percentum of the par value of such stamps for affixing such stamps. The Commissioner of Finance hereby prescribes the following commissions to be allowed to each such agent as compensation for his services and expenses in affixing stamps.
(b) Where a joint stamp is issued by the State of New York and the City for the payment of the taxes imposed by the City's Cigarette Tax Law and by Article 20 of the Tax Law of the State, in lieu of a single stamp evidencing payment of the cigarette tax, and such joint stamp is issued by the State of New York and the City of New York for payment of the State tax (at the rate of $1.50 per package of 20 cigarettes) and the City tax (at the rate of $1.50 per package of 20 cigarettes), the following schedule of commissions have been fixed by the Commissioner of Finance pursuant to the City's Cigarette Tax Law with the approval of the New York State Department of Taxation and Finance, and for the purposes of this schedule the par value of a joint stamp issued by the State of New York and the City of New York for payment of the State tax (at the rate of $1.50 per package of 20 cigarettes), and the City tax (at the rate of $1.50 per package of 20 cigarettes) shall be deemed to be $1.50 each for State purposes and $1.50 each for City purposes. On the City par value of such joint stamps, not exceeding $5,611,200 purchased during each calendar year, a commission of 0.2171 percent thereof except as otherwise provided herein; and on the City par value of such joint stamps in excess of $5,611,200 purchased during each calendar year a commission of 0.0992 percent thereof. Said rate of 0.0992 percent shall also apply, even though the total City par value of joint stamps purchased during any calendar year does not exceed $5,611,200, whenever the value of New York State cigarette tax stamps (including the amount of the New York State cigarette tax represented by such joint stamps) purchased by any agent during each calendar year exceeds the sum of $5,611,200, computed at the State par value of $1.50 each. However, for the purpose of determining the point when said amount of $5,611,200 is reached, whenever the quantity of New York State cigarette tax stamps and/or the portion of the New York State cigarette tax included in joint stamps purchased by an agent at any one time brings the agent's total purchases of stamps evidencing payment of the New York State cigarette tax to at least $5,611,200, the amount purchased at such time shall be first applied to the previous total of purchases of stamps evidencing payment of the New York State cigarette tax until $5,611,200 is reached.
(c) Where a single stamp is issued by the City of New York evidencing payment of the City's cigarette tax, and such stamp is for payment of the City's tax at the rate of four cents for each ten cigarettes or fraction thereof, the commission hereby fixed is 1.10 percent on the par value of such single stamp purchased.
(d) Any commissions allowable hereunder shall be deducted by the agent from the purchase price of the stamps at the time payment is made therefor. No commissions shall be allowed on purchases of less than one hundred dollars. No commission shall be allowed to any purchaser of stamps other than an agent.
(a) The law requires that certain records be kept by all dealers of cigarettes.
(1) All wholesale dealers, including agents, must keep records showing every purchase, sale or other disposition of all cigarettes and stamps handled.
(2) All invoices or other records indicating the purchase, sale or other disposition of cigarettes by a wholesale dealer must be either separate and distinct from all other records which a wholesale dealer shall possess or the cigarette transactions on such invoices or other records must be distinct from non-cigarette transactions recorded on the same invoice or other record.
(3) Agents authorized to keep cigarette tax stump affixing machines must keep a daily record of the meter readings, or the serial numbers of the rolls of stumps used, or other information required by the Commissioner of Finance on forms approved by him.
(4) Each agent or wholesale dealer in the City (other than a manufacturer) must, at the time of delivering cigarettes to any person, make a true duplicate serially numbered invoice showing his name, his address, the number of the then current license issued to him pursuant to 19 RCNY § 4-05, the date of delivery, the number of cartons in each shipment of cigarettes delivered, the name and address of the purchaser to whom delivery is made.
(5) Every wholesale dealer shall keep a record of the sales tax certificate number and city cigarette license number of each person to whom he delivers cigarettes. For this purpose, at the time of delivering cigarettes to any person, each wholesale dealer shall, unless previously obtained, request, and every retail dealer or other person to whom cigarettes are delivered shall furnish, his sales tax certificate number and the number of the then current license issued to him pursuant to 19 RCNY § 4-05. The failure or refusal to furnish these numbers shall be reported by the wholesale dealer to the Commissioner of Finance within five days of delivery.
(6) Each dealer in the City shall procure and retain invoices showing the number of cartons in each shipment of cigarettes received by him, the date of delivery, the name and address of the shipper, and the number of the then current license issued to the shipper pursuant to 19 RCNY § 4-05.
(b) The Commissioner of Finance may require any railroad company, express company, trucking company or carrier transporting any shipment of cigarettes into the city to file with the Commissioner of Finance a copy of the freight bill within ten days after delivery in the city of each shipment.
(c) In addition to the foregoing, every agent or dealer (other than a manufacturer) shall keep and maintain records of cigarettes on which a tax must be paid and of those on which a tax is not required to be paid. These records must also show the quantity of cigarettes returned because the cigarettes have become unsalable and any transfers of stamped or unstamped cigarettes to or from other agents. Records must also be maintained of cigarettes which are sold and delivered in the city and those which are sold and delivered to points outside the city, including quantities so sold and the names and addresses of the purchasers. Agents (other than manufacturers) are also required to keep records showing monthly inventories, at the beginning and close of each month, of stamped and unstamped cigarettes, and of the number of stamps.
(d) Each agent, wholesale dealer or other dealer is required to maintain, retain and keep for a period of three years the records mentioned above, as well as such other records as may be required by the Commissioner of Finance from time to time, for the use and inspection of the Commissioner of Finance.
(e) To verify the accuracy of the payment of the tax imposed by the law each dealer is required to give to the Commissioner of Finance or his duly authorized representative, the means, facilities and opportunity to examine the records herein required or for any other reasonable examination.
(a) Agents (other than manufacturers) appointed by the Commissioner of Finance are required to file with him, on forms prescribed and prepared by the Commissioner of Finance, monthly reports showing such information as he may require, including, among other things:
(1) The number of unstamped cigarettes:
(i) on hand at the beginning of the month,
(ii) purchased or received during the month,
(iii) on hand at the end of the month,
(iv) sold or disposed of during the month;
(2) The number of stamps:
(i) on hand at the beginning of the month,
(ii) purchased during the month,
(iii) on hand at the end of the month,
(iv) affixed or otherwise disposed of during the month; and
(3) The number of stamped cigarettes, with New York City stamps and joint New York State-New York City stamps affixed, on hand at the end of the month.
(b) Every agent (other than a manufacturer) is required to take a physical inventory of stamped cigarettes on hand at least twice a year. The results of such an inventory shall be reported on the agent's monthly report in the form and manner prescribed by the Commissioner of Finance. One of the semiannual physical inventories must be as of the end of the fiscal or calendar year of the agent and the other six months later.
(c) Five days prior to the return of cigarettes to a manufacturer, because the cigarettes have become unsalable, damaged, or for any other reason, each agent shall notify the Commissioner of Finance in writing of the number of cartons to be returned and the name of the manufacturer to whom delivery is to be made.
(d) Each manufacturer having an agency permit shall file with the Commissioner of Finance monthly reports showing the total sales of unstamped cigarettes made to agents or wholesale dealers licensed by the City, specifying the name and address of the purchaser, the date of delivery, and the number of cartons in each shipment of cigarettes delivered. These reports shall also specify the quantity of cigarettes returned because the cigarettes have become unsalable, and the name and address of the agent, wholesale dealer or other person making the return.
(e) Fifteen days prior to the distribution of sample cigarettes in the city, each manufacturer shall notify the Commissioner of Finance, in writing, of the amount to be distributed.
(f) Each manufacturer shall file a monthly report of the total number of packages and the number of cigarettes contained therein of sample cigarettes distributed in the city. Payment of the tax due shall be made with the monthly report required herein. If no sample cigarettes are distributed in the city during a month, no report is required for that month.
(g) Wholesale dealers other than agents may also be required to file such reports as the Commissioner of Finance may prescribe, showing the receipts and disposition of all stamped and unstamped cigarettes and any other information which the Commissioner of Finance may require.
(h) Monthly reports shall be filed on or before the 15th day of each month covering the transactions for the preceding calendar month.
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