Montana Code Annotated
Part 1. Tax on Tobacco Products
16-11-118. Records of wholesalers, subjobbers, tobacco product vendors, and retailers

16-11-118. Records of wholesalers, subjobbers, tobacco product vendors, and retailers. (1) All wholesalers and subjobbers shall keep for 3 years all:
(a) invoices of tobacco products purchased, imported, or sold;
(b) all receipts issued and insignia purchased; and
(c) an accurate record of all sales of tobacco products, showing the name and address of each purchaser, the date of sale, the quantity of each kind sold, the name of any carrier, the shipping point, and the destination.
(2) All retailers and tobacco product vendors shall keep for 3 years all invoices of tobacco products purchased and received, showing the date of each purchase, the brand purchased, the quantity of each brand purchased, and an accurate record of the total sales of tobacco products.
(3) A wholesaler, retailer, subjobber, or tobacco product vendor shall permit the department and the department of justice and their assistants, authorized agents, or representatives to examine all tobacco products, invoices, receipts, books, paper, memoranda, and records as may be necessary to determine compliance with this chapter.
(4) A person that violates the provisions of subsections (1) through (3) is subject to civil penalties as determined by the department of not less than $1,000 or more than $10,000.
History: En. Sec. 16, Ch. 140, L. 1969; amd. Sec. 214, Ch. 516, L. 1973; R.C.M. 1947, 84-5606.17; amd. Sec. 6, Ch. 130, L. 1991; amd. Sec. 18, Ch. 414, L. 1993; amd. Sec. 19, Ch. 578, L. 1995; amd. Sec. 13, Ch. 511, L. 2005.

Structure Montana Code Annotated

Montana Code Annotated

Title 16. Alcohol, Tobacco, and Marijuana

Chapter 11. Taxation of Tobacco Products

Part 1. Tax on Tobacco Products

16-11-101. Legislative intent

16-11-102. Definitions

16-11-103. Powers of department

16-11-104. Carriers to report shipments -- penalties

16-11-105. Rulemaking authority of department of justice

16-11-106. Regular and systematic solicitation of business -- compliance with chapter

16-11-107. Secretary of state as process agent for unlicensed person doing business in state

16-11-108. Service of process

16-11-109. reserved

16-11-110. Repealed

16-11-111. Cigarette, tobacco products, and moist snuff sales tax -- exemption for sale to tribal member

16-11-112. Tax on ultimate consumer

16-11-113. Tax insignia

16-11-114. Insignia discount

16-11-115. Tax meter machine -- tax stamp-applying machine -- purchase of stamps

16-11-116. Resale of insignia prohibited -- rebate

16-11-117. When payment for insignia due

16-11-118. Records of wholesalers, subjobbers, tobacco product vendors, and retailers

16-11-119. Disposition of taxes -- statutory appropriation

16-11-120. Tobacco product licenses

16-11-121. Vending machines not places of business

16-11-122. License fees -- renewal

16-11-123. Display of license

16-11-124. Disposition of license fees

16-11-125. Licensure as both wholesaler and retailer allowed

16-11-126. Joint and several liability

16-11-127. reserved

16-11-128. Tobacco product sales reporting requirements

16-11-129. Enforcement

16-11-130. reserved

16-11-131. Transporting tobacco products without compliance a misdemeanor -- invoices and delivery tickets required -- stop and inspection authorized

16-11-132. Unlawful to sell tobacco products without valid license -- exceptions

16-11-133. Sale and use of cigarettes without insignia unlawful

16-11-134. Forged license stamp or insignia

16-11-135. through 16-11-140 reserved

16-11-141. Powers of arrest -- search and seizure

16-11-142. Duties of county attorneys and peace officers

16-11-143. Penalty and interest for unpaid tobacco product tax

16-11-144. Revocation or suspension of license

16-11-145. Place where violations committed considered public nuisance

16-11-146. Penalty for forged license stamp or insignia

16-11-147. Seizure and forfeiture of property used in transporting contraband

16-11-148. Penalties and other remedies

16-11-149. Hearings before department

16-11-150. Appeal to district court

16-11-151. through 16-11-154 reserved

16-11-155. Definitions

16-11-156. Stamps affixed on cigarettes -- exception

16-11-157. Repealed

16-11-158. Sale or retention of forfeited property -- use of sale proceeds -- destruction of contraband

16-11-159. Forfeiture of contraband and property used in transporting contraband