{"data":{"id":"us-il/35-ilcs-130-4f","jurisdiction":"us-il","citation":"35 ILCS 130/4f","heading":"Manufacturer representatives.","body":"(a) No manufacturer may market cigarettes produced by the manufacturer directly to retailers in this State issued a license under Section 4g of this Act without first having obtained authorization from the Department. Application for authority to maintain representatives in this State to market in this State cigarettes produced by the manufacturer shall be made to the Department, by electronic means, in a form prescribed by the Department. Each applicant under this Section shall furnish to the Department in a form signed and verified by the applicant under penalty of perjury, in an electronic format established by the Department, the following:\n(1) a statement that the applicant will fully comply with the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003; and\n(2) the following information:\n(A) the name and address of the applicant;\n(B) the address of every location from which the applicant proposes to engage in business in this State;\n(C) the number of manufacturer representatives the applicant requests to maintain in this State; and\n(D) such other additional information as the Department may reasonably require by its rule.\n(a-5) The following manufacturers are ineligible to receive authorization to maintain manufacturer representatives in this State:\n(1) a manufacturer who owes, at the time of application, any delinquent taxes that have been determined by law to be due and unpaid under this Act or any other tax Act administered by the Department, unless the applicant has entered into an agreement approved by the Department to pay the amount due;\n(2) a manufacturer who has had a license revoked within the past 2 years for misconduct relating to stolen or contraband cigarettes or has been convicted of a state or federal crime, punishable by imprisonment of one year or more, relating to stolen or contraband cigarettes;\n(3) a manufacturer who manufactures cigarettes, whether in this State or out of this State, and who is neither (i) a participating manufacturer as defined in subsection II(jj) of the \"Master Settlement Agreement\" as defined in Sections 10 of the Tobacco Product Manufacturers' Escrow Act and the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003; nor (ii) in full compliance with Tobacco Product Manufacturers' Escrow Act and the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003;\n(3.5) a manufacturer who has been found, after notice and a hearing, to have imported or caused to be imported into the United States for sale or distribution any cigarette in violation of 19 U.S.C. 1681a;\n(4) a manufacturer who has been found, after notice and a hearing, to have imported or caused to be imported into the United States for sale or distribution or manufactured for sale or distribution in the United States any cigarette that does not fully comply with the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331, et seq.);\n(5) a manufacturer who has been found, after notice and a hearing, to have made a materially false statement in an application or has failed to produce records required to be maintained by this Act;\n(6) a manufacturer who has been found, after notice and hearing, to have violated any Section of this Act;\n(7) a manufacturer licensed as a distributor under Section 4 of this Act or holding a permit under Section 4b of this Act; or\n(8) a manufacturer who has delinquent reports under Section 25 of the Tobacco Products Manufacturers' Escrow Enforcement Act of 2003.\nThe Department, upon receipt of an application from a manufacturer who is eligible to maintain manufacturer representatives in this State, shall notify the applicant in writing, not more than 60 days after an application has been received, that the applicant may or may not maintain the requested number of manufacturer representatives in this State. A copy of the notice authorizing a manufacturer to maintain manufacturer representatives in this State shall be available for inspection by the Department at each place of business identified in the application and in the motor vehicle operated by marketing representatives in the course of performing their duties in this State on behalf of the manufacturer.\nA manufacturer representative shall notify the Department of any change in the information contained on the application form and shall do so within 30 days after any such change.\n(b) Only directors, officers, and employees of the manufacturer may act as manufacturer representatives in this State. The manufacturer shall provide to the Department the names and addresses of the manufacturer representatives operating in this State and the make, model, and license plate number of each motor vehicle operated by a manufacturer representative in the course of performing their duties in this State on behalf of the manufacturer. The following individuals may not act as manufacturer representatives:\n(1) an individual who is not of good character and reputation in the community in which the individual resides; the Department may consider prior conviction of a felony, but the conviction shall not operate as an absolute bar to licensure;\n(1.5) an individual who owes any delinquent taxes that have been determined by law to be due and unpaid under this Act or any other tax Act administered by the Department, unless the individual has entered into an agreement approved by the Department to pay the amount due;\n(2) an individual who has had a license under this Act, the Cigarette Use Tax Act, the Tobacco Products Tax Act of 1995, or the Cigarette Machine Operator's Occupation Tax Act revoked within the past 2 years for misconduct relating to stolen or contraband cigarettes or has been convicted of a state or federal crime, punishable by imprisonment of one year or more, relating to stolen or contraband cigarettes;\n(3) an individual who has been found, after notice and a hearing, to have made a materially false statement in an application or has failed to produce records required to be maintained by this Act; or\n(4) an individual who has been found, after notice and hearing, to have violated any Section of this Act.\n(c) Manufacturer representatives may sell to retailers in this State who are licensed under Section 4g of this Act only original packages of cigarettes made, manufactured, or fabricated by the manufacturer and purchased or obtained from a distributor licensed under this Act, or the Cigarette Use Tax Act, and on which tax stamps have been affixed. Manufacturer representatives may sell up to 600 stamped original packages of cigarettes in a calendar year, for the purpose of promoting the manufacturer's brands of cigarettes. A manufacturer representative may not possess more than 500 stamped original packages of cigarettes made, manufactured, or fabricated by the manufacturer and purchased or obtained from a distributor licensed under this Act or the Cigarette Use Tax Act. Any original packages of cigarettes in the possession of a manufacturer representative that (i) are not made, manufactured, or fabricated by the manufacturer and purchased or obtained from a distributor licensed under this Act or the Cigarette Use Tax Act, other than cigarettes for personal use and consumption, (ii) exceed the maximum quantity of 500 original packages of cigarettes, excluding packages of cigarettes for personal use and consumption; (iii) violate Section 3-10 of this Act; or (iv) do not have the proper tax stamps affixed, are contraband and subject to seizure and forfeiture.\nManufacturer representatives may sell, on behalf of licensed distributors, stamped original packages of cigarettes to retailers who are licensed under Section 4g of this Act. The manufacturer representative shall provide the distributor with a signed receipt for the cigarettes obtained from the distributor. The distributor shall invoice the licensed retailer, and the licensed retailer shall pay the distributor for all cigarettes provided to licensed retailers by manufacturer representatives on behalf of a distributor.\nManufacturer representatives may sell stamped original packages of cigarettes to licensed retailers that are purchased from licensed distributors. Distributors shall provide manufacturer representatives with invoices for stamped original packages of cigarettes sold to manufacturer representatives. Manufacturer representatives shall invoice licensed retailers, and the licensed retailers shall pay the manufacturer representatives for all original packages of cigarettes sold to licensed retailers.\n(d) Authorizations issued under this Section shall be valid for a period not to exceed one year after issuance, and may be renewed thereafter, unless sooner revoked, canceled, or suspended as provided in this Act. There is no application fee for the initial and renewal authorization under this Section. Such authorization shall not be transferable or assignable. A person does not acquire any vested interest or compensable property right in an authorization issued under this Section.\nAny person aggrieved by any decision of the Department under this Section may, within 30 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice to the person requesting the hearing of the time and place fixed for the hearing and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to that person. In the absence of a protest and request for a hearing within 30 days, the Department's decision shall become final without any further determination being made or notice given.","path":["CHAPTER 35 REVENUE","Cigarette Tax Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=584\u0026ChapterID=8\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:20Z","sha256":"a2962f0f5824dc41239cbe3504508b7b579993412da49b6034740be589d70cb9","source_id":"us-il","stale":false,"prev":"us-il/35-ilcs-130-4e","next":"us-il/35-ilcs-130-4g"},"notice":"GroundRules: Original legal text. Not legal advice."}