(a) A manufacturer license authorizes the licensee to:
(1) sell unstamped cigarettes to:
(i) a licensed cigarette wholesaler located in Maryland; and
(ii) a licensed cigarette wholesaler located outside of Maryland if the unstamped cigarettes may lawfully be sold in Maryland;
(2) except as otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distribute sample cigarettes to consumers located in Maryland;
(3) store unstamped cigarettes in a licensed cigarette storage warehouse for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state; and
(4) upon approval of the Executive Director, act as an agent of a Maryland licensed wholesaler for stamping and distribution of cigarettes.
(b) A retailer license authorizes the licensee to:
(1) act as a retailer; and
(2) buy stamped cigarettes from a subwholesaler or wholesaler.
(c)(1) A storage warehouse license authorizes the licensee to operate a storage facility in Maryland for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.
(2) If a storage warehouse licensee is a licensed cigarette wholesaler or licensed cigarette subwholesaler, the storage warehouse license authorizes the holder to store stamped cigarettes and cigarettes with another state's tax stamp.
(d) A subwholesaler license authorizes the licensee to:
(1) act as a subwholesaler;
(2) buy stamped cigarettes from a wholesaler or another subwholesaler; and
(3) store stamped cigarettes and cigarettes with another state's tax stamp at a licensed cigarette storage facility.
(e) A vending machine operator license authorizes the licensee to:
(1) act as a vending machine operator; and
(2) buy stamped cigarettes from a subwholesaler or wholesaler.
(f) A wholesaler license authorizes the licensee to:
(1) act as a wholesaler;
(2) buy unstamped cigarettes directly from a cigarette manufacturer;
(3) hold unstamped cigarettes;
(4) buy tobacco tax stamps as authorized by § 12-303 of the Tax--General Article;
(5) transport unstamped cigarettes in the State;
(6) sell unstamped cigarettes to another licensed wholesaler if the Executive Director specifically authorizes;
(7) upon approval of the Executive Director, designate a licensed manufacturer to act as its agent for the stamping and distribution of cigarettes; and
(8) store stamped cigarettes and cigarettes with another state's tax stamp at a licensed cigarette storage facility.
Credits
Added by Acts 1992, c. 4, § 2. Amended by Acts 1994, c. 464, § 1, eff. Oct. 1, 1994; Acts 1997, c. 704, § 1, eff. July 1, 1997; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2005, c. 112, § 1, eff. June 1, 2005; Acts 2009, c. 347, § 1, eff. Oct. 1, 2009; Acts 2019, c. 12, § 1, eff. Jan. 1, 2021.
Formerly Art. 56, §§ 610, 614.
MD Code, Business Regulation, § 16-206, MD BUS REG § 16-206
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
