§ 105-449.65. List of persons who must have a license. - North Carolina Statutes

Part 2. Licensing.

§ 105‑449.65.  List ofpersons who must have a license.

(a)        License. – A personmay not engage in business in this State as any of the following unless theperson has a license issued by the Secretary authorizing the person to engagein that business:

(1)        A refiner.

(2)        A supplier.

(3)        A terminal operator.

(4)        An importer.

(5)        An exporter.

(6)        A blender.

(7)        (Effective untilJanuary 1, 2009) A motor fuel transporter.

(7)        (EffectiveJanuary 1, 2009) A motor fuel transporter who transports motor fuel forhire.

(8)        Repealed by SessionLaws 1999‑438, s. 20, effective August 10, 1999.

(9)        Repealed by SessionLaws 1999‑438, s. 21, effective August 10, 1999.

(10)      A distributor whopurchases motor fuel from an elective or permissive supplier at an out‑of‑stateterminal for import into this State.

(b)        (Effective untilJanuary 1, 2009) Multiple Activity. – A person who is engaged in more thanone activity for which a license is required must have a separate license foreach activity, unless this subsection provides otherwise. A person who islicensed as a supplier is considered to have a license as a distributor. Aperson who is licensed as an occasional importer or a tank wagon importer isnot required to obtain a separate license as a distributor unless the importeris also purchasing motor fuel, at the terminal rack, from an elective orpermissive supplier who is authorized to collect and remit the tax to theState. A person who is licensed as a distributor is not required to obtain aseparate license as an importer if the distributor acquires fuel for importonly from an elective supplier or a permissive supplier and is not required toobtain a separate license as an exporter. A person who is licensed as adistributor or a blender and who transports fuel is considered to be licensedas a motor fuel transporter.

(b)        (EffectiveJanuary 1, 2009) Multiple Activity. – A person who is engaged in more thanone activity for which a license is required must have a separate license foreach activity, unless one of the following subdivisions provides otherwise.

(1)        Supplier. – A personwho is licensed as a supplier is considered to have a license as a distributor.A person who is licensed as a supplier and is a biodiesel provider isconsidered to have a license as a blender.

(2)        Importer. – A personwho is licensed as an occasional importer or a tank wagon importer is notrequired to obtain a separate license as a distributor unless the importer isalso purchasing motor fuel, at the terminal rack, from an elective orpermissive supplier who is authorized to collect and remit the tax to theState.

(3)        Distributor. – Aperson who is licensed as a distributor is not required to obtain a separatelicense as an importer if the distributor acquires fuel for import only from anelective supplier or a permissive supplier and is not required to obtain aseparate license as an exporter.  (1995, c. 390, s. 3; 1995 (Reg. Sess., 1996), c. 647,s. 3; 1997‑60, s. 2; 1999‑438, ss. 20, 21; 2003‑349, s. 10.3;2005‑435, s. 9; 2006‑162, s. 13(a); 2008‑134, s. 25.)