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Home » US Law » 2022 Maryland Statutes » Business Regulation » Title 16.7 - Electronic Smoking Devices Licenses » Subtitle 2 - Electronic Nicotine Delivery Systems Licenses

Section 16.7-201 – License Required

    (a)    A person must hold an appropriate license before the person may act as:         (1)    an electronic smoking devices manufacturer;         (2)    an electronic smoking devices retailer;         (3)    an electronic smoking devices wholesaler distributor;         (4)    an electronic smoking devices wholesaler importer; or         (5)    a vape shop vendor.     (b)    A place of business in which a person acts as an electronic smoking devices retailer […]

Section 16.7-202 – License Process — Application; Fee; Display; Revocation

    (a)    (1)    An applicant for a license to act as an electronic smoking devices manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking devices wholesaler importer shall:             (i)    obtain an appropriate county license by submitting an application to the Executive Director on the form and containing the information that the Executive Director requires;             (ii)    indicate the licenses for which […]

Section 16.7-203 – Issuance

    (a)    The Executive Director shall issue an appropriate license to each applicant that meets the requirements of this subtitle for a license to act as an electronic smoking devices manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking devices wholesaler importer.     (b)    The clerk shall issue to each applicant that meets the requirements of this subtitle a […]

Section 16.7-204 – Authority Conferred

    (a)    An electronic smoking devices manufacturer license authorizes the licensee to:         (1)    sell electronic smoking devices to:             (i)    a licensed electronic smoking devices wholesaler located in the State;             (ii)    an electronic smoking devices wholesaler or retailer located outside the State if the electronic smoking devices may be sold lawfully in Maryland;             (iii)    a licensed vape shop vendor; and             (iv)    a consumer […]

Section 16.7-204.1 – Signage

    (a)    A retail licensee shall post a sign in a location that is clearly visible to the consumer that states:     “No person under the age of 21 may be sold tobacco products without military identification”.     (b)    The sign required under this section shall be written in letters at least one–half inch high.

Section 16.7-205 – Expiration and Renewal

    (a)    Unless a license is renewed for a 1–year term as provided in this section, the license expires on the date set by the issuing official.     (b)    At least 1 month before a license issued under this subtitle expires, the issuing official shall send to the licensee a renewal notice that states the date on which the […]

Section 16.7-206 – Assignment or Transfer; Refund

    (a)    (1)    A licensed electronic smoking devices retailer or a licensed vape shop vendor may not assign the license.         (2)    If a licensed electronic smoking devices wholesaler distributor or electronic smoking devices wholesaler importer sells the licensee’s electronic smoking devices business and pays to the Executive Director a license assignment fee of $10, the licensee may assign the […]

Section 16.7-207 – Denials, Reprimands, Suspensions, or Revocations

    (a)    Subject to the hearing provisions of § 16.7–208 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, licensee, or another person;         (2)    fraudulently or deceptively […]

Section 16.7-208 – Hearings

    (a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16.7–207 of this subtitle, the Executive Director shall give the person against whom the action is contemplated an opportunity for a hearing before the Executive Director.     (b)    The Executive Director shall give notice and […]

Section 16.7-209 – Suspension or Revocation; Disciplinary Proceedings

    (a)    Subject to the notice requirement of subsection (c) of this section, if a licensee engages in an act or omission that is grounds for discipline under § 16.7–207 of this subtitle, the Executive Director may suspend the license for a consecutive period of time that:         (1)    for a first offense, is not less than 5 and […]

Section 16.7-210 – Judicial Review

    A party to a proceeding before the Executive Director that is aggrieved by a final decision of the Executive Director in a contested case, as defined in § 10–202 of the State Government Article, is entitled to judicial review as provided in §§ 10–222 and 10–223 of the State Government Article.

Section 16.7-211 – Operation Without License Prohibited; Violations; Penalties

    (a)    A person may not act, attempt to act, or offer to act as an electronic smoking devices manufacturer, an electronic smoking devices retailer, an electronic smoking devices wholesaler distributor, an electronic smoking devices wholesaler importer, or a vape shop vendor in the State unless the person has an appropriate license.     (b)    (1)    A person that violates this […]

Section 16.7-212 – Collection of Fees; Distribution and Use

    (a)    (1)    The Executive Director shall pay into the General Fund of the State all license fees collected under this title.         (2)    All license fees collected by the counties under this title are subject to the distribution provisions of § 17–205 of this article.     (b)    The General Assembly intends that these license fees be used to administer this title.

Section 16.7-213 – Requirements for Persons Who Ship, Import, or Sell Electronic Smoking Devices; Disciplinary Action

    (a)    A person may not ship, import, or sell into or within the State any electronic smoking devices unless the person holds any license required by this subtitle.     (b)    A person that ships, imports, or sells electronic smoking devices into or within the State:         (1)    shall comply with any federal and State requirements concerning the placement of warning […]

Section 16.7-213.1 – Unannounced Inspections

    (a)    The Maryland Department of Health may conduct unannounced inspections of licensed retailers to ensure the licensee’s compliance with the provisions of this title and § 10–107 of the Criminal Law Article.     (b)    The Maryland Department of Health may use an individual under the age of 21 years to assist in conducting an inspection under this section.

Section 16.7-214 – Violations; Penalties

    Unless otherwise specified in this title, a person that violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.