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44-20-20. Use of metering machine in lieu of stamps


The tax administrator, if he or she determines that it is practicable to stamp by impression packages of cigarettes by means of a metering machine, may, in lieu of selling stamps under the provisions of § 44-20-19 , authorize any licensed distributor to use any metering machine approved by the administrator;  provided, that such meter impressions shall contain a number or mark, legible at the point of sale, that is unique to the particular distributor;  and provided, further, that the metering machine shall be sealed by the administrator before being used and shall be used in accordance with regulations prescribed by the administrator.  The administrator shall keep records of which distributor is assigned which meter impression number.  Any licensed distributor authorized by the tax administrator to affix stamps to packages by means of a metering machine shall make a prepayment, allowing for the discount, if any, provided for in § 44-20-19 , covering the amount of tax for which his or her meter register is set, or in the discretion of the tax administrator file with the tax administrator a bond in an amount and with a surety as the tax administrator may determine, conditioned upon the payment of the tax upon stamped cigarettes.  The bond shall be in full force and effect for a period of one year and a day after the expiration of the bond, unless a certificate is issued by the tax administrator to the effect that all taxes due to the state have been paid.  The tax administrator shall cause each metering machine approved by the tax administrator to be read and inspected at least once a month and, unless being used on a prepayment basis, shall determine at the time of each inspection the amount of tax due from the distributor using the machine after allowing for the discount, if any, provided for in § 44-20-19 , which tax is due and payable upon demand of the tax administrator or his or her authorized agent.

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