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 16-213 – Judicial Review
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, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.
Section 16-214 – Doing Business Without License
(a) Except as otherwise provided in § 16-202(b) of this subtitle, a person may not act, attempt to act, or offer to act as a manufacturer, retailer, storage warehouse, subwholesaler, vending machine operator, or wholesaler in the State unless the person has an appropriate license. (b) (1) A person who violates this section is guilty of a misdemeanor […]
Section 16-215 – Accepting Delivery of Unstamped Cigarettes Prohibited
(a) Unless authorized by a license, a person may not accept delivery of unstamped cigarettes. (b) On receipt of a package of cigarettes, a retailer, subwholesaler, or vending machine operator immediately shall: (1) examine the package to find out whether tobacco tax stamps are affixed properly to the package as required by § 12-304 of the Tax – […]
Section 16-216 – Distribution and Intended Use of Cigarette Business License Fees
(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: (1) administer this title; and (2) enforce the Maryland Cigarette Sales Below Cost Act.