§ 33-306. Other powers

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: June 1, 2020

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 33. Worcester County (Refs & Annos)
Subtitle 3. Department of Liquor Control (Refs & Annos)
Effective: June 1, 2020
MD Code, Alcoholic Beverages, § 33-306
Formerly cited as MD CODE, Art. 2B, § 15-205
§ 33-306. Other powers
In general
(a) Subject to § 1-319 of this article, the Department may:
(1) purchase from a holder of a wholesaler's license or manufacturer's license alcoholic beverages that the Department is authorized to sell and on which the excise tax imposed by § 5-102 of the Tax--General Article is paid;
(2)(i) purchase from a holder of a resident or nonresident dealer's permit and import for resale alcoholic beverages that the Department is authorized to sell; and
(ii) resell the alcoholic beverages once the excise tax is paid;
(3) sell alcoholic beverages in sealed containers at prices that the Department determines and that are uniform in all dispensaries;
(4) refuse to sell alcoholic beverages to a person that, in the judgment of the Department, is not suitable to purchase or consume the alcoholic beverages;
(5) restrict by any method the quantity of alcoholic beverages that may be sold to an individual consumer or license holder at or during any time;
(6) enter into a contract or adopt regulations necessary or desirable to carry out this article;
(7) sell and ship outside of the county a container or package of alcoholic beverages kept for sale in a dispensary, if not prohibited by law in the place where the shipment is consigned;
(8) subject to the approval of the county, rent, lease, or purchase premises necessary for the operation of the dispensaries; and
(9) subject to § 33-307(d) of this subtitle, establish the hours of sale for dispensaries, outside of which a dispensary may not remain open.
Additional powers
(b)(1) Subject to § 1-309 of this article and the approval of the County Commissioners, the Director of the Department may purchase or otherwise acquire:
(i) real or personal property that the Director considers necessary to operate dispensaries, stores, or warehouses; and
(ii) subject to paragraph (2) of this subsection, wine and liquor from any source for resale.
(2)(i) 1. Acting as a wholesaler, the Department may purchase wine and liquor, on which the excise tax has not been paid, from a licensed wholesaler.
2. The Department may only resell the wine and liquor purchased under this subparagraph to a nondispensary, licensed retailer and only after the excise tax has been paid.
(ii) Acting as a retailer, the Department may purchase wine and liquor, on which the excise tax has been paid, from a licensed wholesaler for retail sale in dispensary stores.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016; Acts 2019, c. 8, § 5.
MD Code, Alcoholic Beverages, § 33-306, MD AL BEV § 33-306
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.
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