Form 69-117 - Cigarette And Tobacco Products Retail Employee Notification Page 2

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Form 69-117 (Back)(Rev.3-12/6)
Retail Employee Notifi cation 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 employ-
ees 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 notifi cation to each
employee within 72 hours of when the employee begins selling tobacco products at retail. The retail
employee 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 notifi cation 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
offi cers and/or state offi cials 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 fi nds, 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 suspend or revoke the permit for that place of business or assess an administrative
fi ne 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 ciga-
rettes and/or tobacco products, call the Comptroller of Public Accounts at 1-800-388-2883.
Frequently asked questions for Cigarette, Cigar and Tobacco products can be accessed at
To report violations of Texas tobacco laws, please call the Comptroller’s hotline at 1-800-345-8647.

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