§ 3-2-107. Illegal acts.

It shall be unlawful and a violation of this article for any dealer or other person liable for the tax:

(1)

To perform any act or fail to perform any act for the purpose of evading the payment of any tax imposed by this article or of any part thereof, or to fail or refuse to perform any of the duties imposed upon him under the provisions of this article or to fail or refuse to obey any lawful order which may be issued under this article; or

(2)

To falsely or fraudulently make, or cause to be made, any invoices or reports, or to falsely or fraudulently forge, alter or counterfeit any stamp, or to procure or cause to be made, forged, altered or counterfeited any stamp, or knowingly and willfully to alter, publish, pass or tender as true any false, altered, forged or counterfeited stamp or stamps; or

(3)

To sell, offer for sale, or distribute in the city any cigarettes upon which the Northern Virginia Cigarette Tax Board tax stamp has not been affixed or upon which the jurisdictional tax has not been paid; or

(4)

To possess, store, use, authorize or approve the possession, storage or use in the city of any cigarette packages upon which the Northern Virginia Cigarette Tax Board tax stamp has not been affixed or upon which the jurisdictional tax has not been paid, except as provided in section 3-2-103(f); or

(5)

To transport, authorize or approve the transportation of any cigarette packages in quantities of more than 60 packages into or within the city upon which the Northern Virginia Cigarette Tax Board tax stamp has not been affixed or upon which the jurisdictional tax has not been paid, if they are:

a.

not accompanied by a receipt/bill of lading or other document indicating the true name and address of the consignor or seller and the consignee or purchaser and the brands and quantity of cigarettes transported; or

b.

accompanied by a receipt/bill of lading or other document which is false or fraudulent in whole or part; or

c.

accompanied by a receipt/bill of lading or other document indicating:

1.

a consignee or purchaser in another state or the District of Columbia who is not authorized by the law of such other jurisdiction to receive or possess such tobacco products on which the taxes imposed by the other jurisdiction have not been paid, unless the tax of the jurisdiction of destination has been paid and said cigarettes bear the tax stamps of that jurisdiction; or

2.

a consignee or purchaser in the Commonwealth of Virginia, but outside the taxing jurisdiction, who does not possess a Virginia Sales and Use Tax Certificate and, where applicable, any required licenses issued by the Commonwealth of Virginia or local jurisdiction of destination;

(6)

To reuse or refill with cigarettes any package from which cigarettes have been removed, for which the tax imposed has been therefore paid; or

(7)

To remove from any package any stamp with intent to use or cause the same to be used after same has already been used, or to buy, sell, or offer for sale or give away any used, removed, altered or restored stamps to any person or to reuse any stamp which had theretofore been used for evidence of the payment of any tax prescribed by this article, or to sell, or offer to sell, any stamp provided for herein; or

(8)

To sell, offer for sale or distribute any loose or single cigarettes; or

(9)

To perform any act that violates the resolutions promulgated by the Board.

(10)

Except as provided in section 3-2-103(f), to transport, possess, store, use, authorize or approve the possession, storage or use of any cigarettes in quantities of more than 60 packages upon which the Northern Virginia Cigarette Tax Board tax stamp has not been affixed or upon which the jurisdictional tax has not been paid. (Code 1963, Sec. 36-54.1; Ord. No. 4473, 1/20/07, Sec. 1)