Section 16-501 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Brand family” means all styles of cigarettes sold under the same trademark, regardless of whether the cigarettes are differentiated from one another by means of additional modifiers or descriptors such as “menthol”, “lights”, “kings”, “100s”, or other differentiation. (2) “Brand family” includes any use of a […]
Section 16-305 – Display of License
A county licensee shall display the county license in a conspicuous place: (1) in the place of business for which it is issued; or (2) on the premises where the machine is located, if the licensee sells cigarettes through a vending machine.
Section 16-502 – Purpose
(a) Violations of the Escrow Act, an act concerning nonparticipating manufacturers and deposits of funds into escrow accounts, threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the State, and the public health. (b) Enacting procedural enhancements will help prevent violations and aid the enforcement of the Escrow Act and thereby safeguard the […]
Section 16-306 – Denials, Reprimands, Suspensions, and Revocations — Grounds
Subject to the hearing provisions of § 16–307 of this subtitle, the Executive Director may deny a county license to an applicant, reprimand a county licensee, or suspend or revoke a county license if the applicant or licensee: (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for […]
Section 16-503 – Certification of Manufacturers
(a) A tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver, on a form prescribed by the Attorney General, a certification to the Attorney General no later than the 30th day of April each year, certifying under penalty of perjury that, […]
Section 16-307 – Denials, Reprimands, Suspensions, and Revocations — Hearings
(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16–306 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 16-308 – Selling Cigarettes at Retail Without a License
A person may not sell cigarettes at retail in a county unless the person has an appropriate county license.
Section 16-308.1 – Selling Certain Types of Herbal Incense or Potpourri Prohibited
(a) A person who holds a county license may not sell herbal incense or potpourri that includes a noncontrolled substance with a chemical structure that is substantially similar to the chemical structure of a controlled dangerous substance as defined in § 5–101 of the Criminal Law Article. (b) Authorized employees of the Field Enforcement Division of the […]
Section 16-308.2 – Sale of Unpackaged Cigarette
(a) In this section, “unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold as a unit. (b) This section applies only in Baltimore City. (c) A person who holds a county license may not sell an unpackaged cigarette. (d) (1) An enforcement officer of the […]
Section 16-308.3 – Unannounced Inspections
(a) The Maryland Department of Health may conduct unannounced inspections of a licensed retailer 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 […]