                                 CODE OF VIRGINIA

LICENSE APPLICATION PROCEDURE (§ 58.1-2208)

A. To obtain a license under this article, an applicant shall file an
application with the Commissioner on a form provided by the Commissioner. An
application shall include the applicant&#8217;s name, address, federal employer
identification number, and any other information required by the Commissioner.

B. An applicant for a license as a motor fuel transporter, supplier, terminal
operator, importer, blender, distributor, or aviation consumer shall satisfy the
following requirements:

   1. If the applicant is a corporation, the applicant shall either be
   incorporated in the Commonwealth or authorized to transact business in the
   Commonwealth;

   2. If the applicant is a limited liability company, the applicant shall be
   organized in the Commonwealth or authorized to transact business in the
   Commonwealth;

   3. If the applicant is a limited liability partnership, the applicant shall
   either be formed in the Commonwealth or authorized to transact business in the
   Commonwealth; or

   4. If the applicant is an individual or a general partnership, the applicant
   shall designate an agent for service of process and provide the agent&#8217;s
   name and address.

C. An applicant for a license as a supplier, terminal operator, blender, or
permissive supplier shall have a federal certificate of registry issued under 26
U.S.C. &#xA7; 4101 that authorizes the applicant to enter into federal tax-free
transactions in taxable motor fuel in the terminal transfer system. An applicant
who is required to have a federal certificate of registry shall include the
registration number of the certificate on the application for a license under
this section. An applicant for a license as an importer, an exporter, or a
distributor who has a federal certificate of registry issued under 26 U.S.C.
&#xA7; 4101 shall include the registration number of the certificate on the
application for a license under this section.

D. An applicant for a license as an importer or distributor shall list on the
application each state from which the applicant intends to import motor fuel
and, if required by a state listed, shall be licensed or registered for motor
fuel tax purposes in that state. If a state listed requires the applicant to be
licensed or registered, the applicant shall provide the applicant&#8217;s
license or registration number of that state. A licensee who intends to import
motor fuel from a state not listed on his application for an importer&#8217;s
license or a distributor&#8217;s license shall provide the Commissioner written
notice of such action before importing motor fuel from that state. The notice
shall include the information that is required on the license application.

E. An applicant for a license as an exporter shall designate an agent located in
Virginia for service of process and provide the agent&#8217;s name and address.
An applicant for a license as an exporter or distributor shall list on the
application each state to which the applicant intends to export motor fuel
received in Virginia by means of a transfer that is outside the terminal
transfer system and, if required by a state listed, shall be licensed or
registered for motor fuel tax purposes in that state. If a state listed requires
the applicant to be licensed or registered, the applicant shall provide the
applicant&#8217;s license or registration number of that state. A licensee who
intends to export motor fuel to a state not listed on his application for an
exporter&#8217;s license or a distributor&#8217;s license shall provide the
Commissioner written notice of such action before exporting motor fuel to that
state. The notice shall include the information required on the license
application.

HISTORY: 2000, cc. 729, 758; 2002, c. 7; 2012, c. 363.