Section 16.9-201 – Remote Tobacco Seller License Required — Authorized Sales by Licensee

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    A person located outside the State must have a remote tobacco seller license before the person may sell premium cigars or pipe tobacco to a consumer in the State.     (b)    A remote tobacco seller license authorizes the licensee to sell premium cigars […]

Section 16.9-202 – Requirements of Remote Tobacco Seller License Applicants

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     An applicant for a remote tobacco seller license shall:         (1)    identify the premium cigars and pipe tobacco that the remote tobacco seller intends to sell and ship into the State;         (2)    utilize third–party age verification for purchases and deliveries; and         (3)    consent to being […]

Section 16.9-203 – Application Form and Fee — Reapplication by Revoked License

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    An applicant for a remote tobacco seller license shall:         (1)    submit an application to the Executive Director on the form and containing the information that the Executive Director requires; and         (2)    pay to the Executive Director a fee of:             (i)    $25; or             (ii)    an amount […]

Section 16.9-204 – License Issued by Executive Director to Qualified Applicants

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     The Executive Director shall issue a remote tobacco seller license to each applicant who meets the requirements of this subtitle for a license to act as a remote tobacco seller.

Section 16.9-205 – Expiration of License — Renewal Notice — Renewal Period

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    Unless a license is renewed for a 1–year term as provided in this section, the license expires on the first June 30 after its effective date.     (b)    At least 1 month before a license issued under this subtitle expires, the issuing official […]

Section 16.9-206 – License Not Assignable

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     A remote tobacco seller licensee may not assign the license.

Section 16.9-207 – Basis for Denial of License, Reprimand of Licensee, or Revocation of License — Restrictions on Issuance to Previously Revoked Licensee — Investigation

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    Subject to the hearing provisions of § 16.9–208 of this subtitle, the Executive Director may deny a license to an applicant, reprimand a licensee, or revoke a license if the applicant or licensee:         (1)    fraudulently or deceptively obtains or attempts to obtain […]

Section 16.9-208 – Hearing Provided Before Final Action — Notice — Oaths — Representation by Counsel — Failure to Appear

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16.9–207 of this subtitle, the Executive Director shall give the person against whom the action is contemplated an opportunity […]

Section 16.9-209 – Revocation of License — Notice and Timing — Disciplinary Action — Offer of Compromise in Lieu of Revocation

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    Subject to the notice requirement under subsection (b) of this section, the Executive Director may revoke a license if a licensee:         (1)    engages in an act or omission that is a ground for discipline under § 16.9–207(a) of this subtitle; or         (2)    violates […]

Section 16.9-210 – Judicial Review Authorized

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     A party to a proceeding before the Executive Director who 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 […]

Section 16.9-211 – Actions Limited to Licensee — Violations

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    A person may not act, attempt to act, or offer to act as a licensed remote tobacco seller unless the person has an appropriate license.     (b)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject […]

Section 16.9-212 – License Fees Deposited — Use of Funds

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    The Executive Director shall pay into the General Fund of the State all license fees collected under this title.     (b)    The General Assembly intends that these license fees be used to administer this title.

Section 16.9-213 – Adoption of Regulations — Minimum Standards

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     (a)    The Executive Director shall adopt regulations to implement this title.     (b)    The regulations adopted under subsection (a) of this section shall include:         (1)    minimum standards for third–party age verification services a remote tobacco seller is required to use; and         (2)    minimum standards for the […]

Section 16.9-214 – Violation of Title Provisions — Penalties

    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **     Unless otherwise specified in this title, a person who 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.