47-25-302 - Definitions.
47-25-302. Definitions.
As used in this part, unless the context otherwise requires:
(1) Basic cost of cigarettes means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price;
(2) Commissioner means the commissioner of revenue;
(3) Cost of doing business by the retailer is eight percent (8%) of the basic cost of cigarettes to the retailer;
(4) Cost to the retailer means the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer;
(5) Retailer has the same meaning ascribed to the words retail dealer in § 67-4-1001;
(6) Sell at retail, sales at retail or retail sales means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
(7) Tobacco distributor or person has the same meaning as ascribed in § 67-4-1001.
[Acts 1949, ch. 68, § 3; C. Supp. 1950, § 6770.13 (Williams, § 6770.46); T.C.A. (orig. ed.), § 69-402; Acts 1985, ch. 179, § 1; 1998, ch. 768, § 1.]