One of our vendor companies, Nucleus Admin LLC, wants us to tell you that they will make a fair offer on used RYO Filling Station machines.
As long as the machine is in good working condition after being inspected, and a consideration for freight/shipping has been made, give them an opportunity to make you a fair offer all things considered.
I feel it necessary to express my opinion for what it matters in regards to the attempted injunction being pursued by a group of machine owners right now.
It reminds me of that old saying 'Be careful what you wish for!".
Keep in mind, that aside from the legal costs involved ( I hear up to 500k to be funded by machine owners if they go the distance with the government to court.), what happens if the injunction IS granted and one of the conditions is that operators must place any potential taxes in escrow until the court case? Does that help anyone at all?
Also, remember that retailers were dropped from the big case against TTB that is pending in the 6th Circuit Court of Appeals now because the judge said that retailers clearly had the opportunity to attempt to comply with the TTB's ruling but failed to. He said that retailers should have tried to apply for manufacturers permits and then showed proof they couldn't get a permit. Or if they were granted one, they could have sued the government and recollected their unfair taxes paid if they won in court over the unconstitutionality of their requirement.
So I don't see much of a difference in this matter. It is still retailers who never attempted to comply with manufacturers requirements as far as I know, and an escrow requirement which would be useless. Also, if by some chance the injunction is granted without any escrow, then the old status quo of buying clicks will come back, and how good is that?
In my mind, the clubs are the future, unless you are in another country such as England, which I understand is the next prime marketing spot for RYO Filling Station UK.
Finally, be ultra careful if you decide to go it alone and simply apply for a non-profit entity and attempt running machines in another location under a new concept. That plan is completely fraught with danger and hidden traps if you arent fully aware of what the demands and requirements are. Some people are planning on operating with the risk of being a rogue operator. I fear that some of these folks will be targeted and made examples of to make everyone else rethink the whole thing. Remember, if you don't get it right from the start, you leave yourself open to Federal Crimes of running an illegal enterprise, and illegal cigarette manufacturing, tax fraud, etc..
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As you are aware, last week the President of the United States signed into law a transportation bill that included a provision rendering the use of our machines in a retail environment the equivalent of the “manufacture” of cigarettes.
As a result, RYO Machine LLC deactivated the software that permits our machines to operate, effectively locking the equipment.
It is the belief of RYO Machine LLC that the current law does not preclude the operation of our machines by an individual owner for personal use, in a non-commercial setting. Therefore, we are currently preparing and will soon be circulating a standard end user license agreement (“EULA”), which may be executed by an individual owner of a machine. The EULA will provide the owner access to the software that permits the machine to operate in return for a small fixed-fee.
The EULA will require the owner to certify that the machine be used only for individual, personal consumption and the RYO Machine LLC will accept no liability for any illicit use of the machine. In this regard, the company has made – and will make – no representation concerning applicable restrictions around the use of the machine under current or subsequent law. Owners should seek their own legal counsel on such issues.
We anticipate circulating the new EULA within the next few days, and will unlock the machines as quickly as possible upon our receipt of executed agreements and payment.
PLEASE NOTE, IT IS A VIOLATION OF THE COMPANY’S LEGAL RIGHTS TO OPERATE THE MACHINE WITHOUT UTILIZING OUR PROPRIETARY SOFTWARE. SIMILARLY, ANY ATTEMPT TO TAMPER WITH A MACHINE OR OTHERWISE SEEK TO OPERATE THE MACHINE BY BY-PASSING OUR SOFTWARE IS A VIOLATION OF OUR LEGAL RIGHTS. ANY SUCH CONDUCT OF WHICH THE COMPANY BECOMES AWARE WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.