Form 69-117 - Cigarette And Tobacco Products Retail Employee Notification Page 2
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2Form 69-117 (Back)(Rev.7-05/5)
RETAIL EMPLOYEE NOTIFICATION INSTRUCTIONS
GENERAL INFORMATION
Under Texas law, cigarette / tobacco products retailers are responsible for the training and supervision of
employees involved in the retail sale of cigarettes and/or tobacco products.
WHO MAY USE THIS FORM - Cigarette / tobacco products retailers may use this form to document their
compliance with Health and Safety Code, Sec. 161.085, which requires retailers to notify their employees
and agents of state law regarding the retail sale of cigarettes and tobacco products.
WHEN TO USE THIS FORM - Photocopy and use this form to provide the required notification to each
employee within 72 hours of when the employee begins selling tobacco products at retail. The retail em-
ployee must sign the form as proof that notice was given.
(Health and Safety Code, Sec. 161.085)
RECORD KEEPING REQUIREMENTS - Retailers are required to retain the signed employee notifica-
tion form at the retail location to which the employee is assigned for the duration of employment and for
60 days after the individual leaves employment. Retailers must present these forms to law enforcement
officers and/or state officials on demand. Failure to produce proof of the required notice is a Class C
misdemeanor. It is a defense to prosecution if the retailer presents proof, within 7 days of the date of the
demand, that the employee did sign and date this form as required by law.
(Health and Safety Code, Sec.
161.085)
RETAILER VIOLATIONS - A retailer is subject to disciplinary action if an agent or employee of the retailer
commits an offense under Health and Safety Code, Subchapter H, Chapter 161, and the retailer failed to
prevent the offense through adequate supervision and training of the agent or employee. If the Comptroller
finds, after notice and an opportunity for a hearing, that a retailer has violated Health and Safety Code,
Subchapter H, Chapter 161, at a place of business for which a permit is issued, the Comptroller may sus-
pend or revoke the permit for that place of business or assess an administrative fine in an amount up to
$1000 per violation.
(Tax Code, Sec. 154.1142 and Sec. 155.0592)
FOR ASSISTANCE
If you have any questions regarding this form or compliance with the laws governing retail sales of cigarettes
and/or tobacco products, call the Comptroller of Public Accounts toll free at 1-800-388-2883. The local
number in Austin is (512) 305-9783.
To report violations of Texas tobacco laws, please call the Comptroller’s toll-free hotline at 1-800-345-8647.
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