(a) In this subtitle the following words have the meanings indicated.
(b) “License” means:
(1) a license issued by the Executive Director under § 16-205(a) of this subtitle to:
(i) act as a manufacturer;
(ii) act as a subwholesaler;
(iii) act as a vending machine operator;
(iv) act as a wholesaler; or
(v) act as a storage warehouse; or
(2) a license issued by the clerk under § 16-205(b) of this subtitle to act as a retailer.
(c) “Licensed manufacturer” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a manufacturer.
(d) “Licensed retailer” means a person licensed by the clerk under § 16-205(b) of this subtitle to act as a retailer.
(e) “Licensed storage warehouse” means a facility licensed by the Executive Director under § 16-205(a) of this subtitle to act as a storage warehouse.
(f) “Licensed subwholesaler” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a subwholesaler.
(g) “Licensed vending machine operator” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a vending machine operator.
(h) “Licensed wholesaler” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a wholesaler.
(i) “Manufacturer” means a person who:
(1)(i) operates one or more cigarette manufacturing plants; or
(ii) is a participating manufacturer; and
(2)(i) sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland;
(ii) sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland;
(iii) unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample cigarettes to consumers located in Maryland; or
(iv) stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state.
(j) “Participating manufacturer” has the meaning stated in § 16-501 of this title.
(k) “Retailer” means a person who:
(1) sells cigarettes to consumers through vending machines on fewer than 40 premises;
(2) otherwise sells cigarettes to consumers; or
(3) holds cigarettes for sale to consumers.
(l) “Stamped cigarettes” means a package of cigarettes to which tobacco tax stamps are affixed in the amount and manner required by § 12-304 of the Tax--General Article.
(m) “Storage warehouse” means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.
(n)(1) “Subwholesaler” means a person who:
(i) holds stamped cigarettes for sale to another person for resale; or
(ii) sells stamped cigarettes to another person for resale.
(2) “Subwholesaler” does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale.
(o) “Unstamped cigarettes” means a package of cigarettes to which tobacco tax stamps are not affixed in the amount and manner required by § 12-304 of the Tax--General Article.
(p) “Vending machine operator” means a person who:
(1) holds cigarettes for sale to consumers through vending machines on 40 or more premises; or
(2) sells cigarettes to consumers through vending machines on 40 or more premises.
(q) “Wholesaler” means a person who:
(1) holds cigarettes for sale to another person for resale; or
(2) sells cigarettes to another person for resale.
Credits
Added by Acts 1992, c. 4, § 2. Amended by Acts 1994, c. 464, § 1, eff. Oct. 1, 1994; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2009, c. 347, § 1, eff. Oct. 1, 2009; Acts 2019, c. 12, § 1, eff. Jan. 1, 2021.
Formerly Art. 56, § 610.
MD Code, Business Regulation, § 16-201, MD BUS REG § 16-201
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.
