Title
A LEGISLATIVE ACT AMENDING TITLE 68 OF THE CHEROKEE NATION CODE ANNOTATED - ADDING PROVISIONS FOR TAX REBATE OF LICENSED TOBACCO RETAILERS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the “Tobacco Retailer Act of 2008” and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
This Act is to protect the viability of Cherokee Nation licensed smoke shops with a proximity to that are within twenty (20) miles of the Arkansas, Kansas or Missouri border such that they are designated as a “border” smoke shop, for any purpose, by mutual agreement between the State of Oklahoma and Cherokee Nation, through a monthly rebate for smoke shops currently in business. These provisions assist these retailers in continuing to operate a profitable business.
Section 3. Substantive provisions
The following sections shall be included in Title 68 of the Cherokee Nation Code Annotated:
Tobacco Rebate
Cherokee Nation licensed “border” smoke shops, as determined by the Cherokee Nation Tax Commission and consistent with the Tobacco Tax Compact between the State of Oklahoma and the Cherokee Nation, will receive a rebate in the amount of $1.50 per carton purchased. This rebate will be in effect for the lesser of 18 months or until a neighboring state’s tax rate increases.
Procedures:
1. To apply for the rebate the Cherokee Nation licensed retailer must provide monthly reports to the Cherokee Nation Tax Commission.
2. The rebate shall be paid on at least a monthly basis to qualifying smoke shops.
3. If a retailer fails to repay the Cherokee Nation for any overpayment of rebate discovered during the year-end reconciliation the Cherokee Nation Tax Commission will revoke the retailer’s tobacco license and seek other remedies allowable by law.
4. The funds required from the rebate shall be administered from the Cherokee Nation General...
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