(a) Subject to the hearing provisions of § 16-211 of this subtitle, the Executive Director may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;
(2) fraudulently or deceptively uses a license;
(3) fails to comply with the Maryland Cigarette Sales Below Cost Act1 or regulations adopted under that Act;
(4) fails to comply with the provisions of Title 11, Subtitle 5A of the Commercial Law Article;
(5) buys cigarettes for resale:
(i) in violation of a license; or
(ii) from a person who is not a licensed cigarette manufacturer, licensed subwholesaler, licensed vending machine operator, or licensed wholesaler;
(6) is convicted, under the laws of the United States or of any other state, of:
(i) a felony; or
(ii) a misdemeanor that is a crime of moral turpitude and is directly related to the fitness and qualification of the applicant or licensee; or
(7) has not paid a tax due before October 1 of the year after the tax became due.
(b) Subject to the hearing provisions of § 16-211 of this subtitle, the Executive Director may suspend or revoke a license if the licensee violates:
(1) Title 12 of the Tax--General Article, or regulations adopted under that title; or
(2) this title or regulations adopted under this title.
(c) Subject to the hearing provisions of § 16-211 of this subtitle, the Executive Director shall deny a license to any applicant who has had a license revoked under this section until:
(1) 1 year has passed since the license was revoked; and
(2) it satisfactorily appears to the Executive Director that the applicant will comply with this title and any regulations adopted under this title.
(d) Prior to the issuance or renewal of any license, the Executive Director shall conduct an investigation with regard to:
(1) the applicant;
(2) the business to be operated; and
(3) the facts set forth in the application.
Credits
Added by Acts 1992, c. 4, § 2. Amended by Acts 1994, c. 464, § 1, eff. Oct. 1, 1994; Acts 2000, c. 97, § 1, eff. Oct. 1, 2000; Acts 2000, c. 220, § 1, eff. Oct. 1, 2000; Acts 2008, c. 568, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2019, c. 12, § 1, eff. Jan. 1, 2021.
MD Code, Business Regulation, § 16-210, MD BUS REG § 16-210
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.
