§ 26-55-234 - Statements and reports from persons not distributors.
26-55-234. Statements and reports from persons not distributors.
(a) Every person or terminal purchasing or otherwise acquiring motor fuel by pipeline, tank car, tank truck, or cargo lot and selling, using, or otherwise disposing of the motor fuel for delivery in Arkansas not required by a provision of this subchapter to be licensed as a distributor in motor fuel shall file a statement setting forth the:
(1) Name under which the person or terminal is transacting business within the State of Arkansas and the location with the street number address of that person's or terminal's principal office or place of business within the state; and
(2) Name and address of the owner, names and addresses of the partners if the person or terminal is a partnership, or names and addresses of the principal officers if the person or terminal is a corporation or association.
(b) (1) On or before the twenty-fifth day of each calendar month on forms prescribed by the Director of the Department of Finance and Administration, the person shall report to the director all purchases or other acquisitions and sales or other disposition of motor fuel during the next preceding calendar month giving a record of each tank car, tank truck, or cargo lot delivered to a point within the state and of all motor fuel otherwise delivered to the person.
(2) The report shall set forth:
(A) From whom each tank car or cargo lot was purchased or otherwise acquired;
(B) The point of shipment;
(C) To whom sold or shipped;
(D) The point of delivery;
(E) The date of shipment;
(F) The name of the carrier;
(G) The initials and number of the tank car;
(H) The number of gallons contained in the tank car if shipped by rail;
(I) The name and owner of the boat, barge, or vessel, and the number of gallons contained in the boat, barge, or vessel if shipped by water; and
(J) Any other additional information the director may require relative to the motor fuel.
(c) On or before the twenty-fifth day of each calendar month on forms prescribed by the director, the terminal shall report to the director all purchases or other acquisitions and sales or other disposition of motor fuel during the next preceding calendar month, which report shall include the following:
(1) Beginning inventories in gallons of motor fuel in storage;
(2) Ending inventories in gallons of motor fuel in storage;
(3) Withdrawals of motor fuel in gallons from the pipeline outlet resulting in additions of motor fuel to storage, including the name of the distributor licensed as an importer who requested the placement of the motor fuel into storage; and
(4) Removals of motor fuel from storage, specifically including:
(A) Bill of lading numbers which represent physical movements of the motor fuel;
(B) The date of each removal;
(C) The quantity in gallons of motor fuel so removed;
(D) The person who had the motor fuel available for that particular removal; and
(E) The person possessing a license from the director who requested the removal of the motor fuel from that storage.
(d) When any person or terminal purchasing or otherwise acquiring motor fuel by pipeline, in a tank car, tank truck, or cargo lot and selling or otherwise disposing of the motor fuel for delivery in Arkansas and not required by a provision of this subchapter to register as a distributor in motor fuel, fails to submit the person's or terminal's monthly report to the director by the twenty-fifth day of each calendar month or when the person or terminal fails to submit in the monthly report the data required by this subchapter, the person or terminal shall be guilty of a violation and shall be fined an amount not greater than one hundred dollars ($100) for the first offense and shall be fined an amount not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each subsequent offense.