Section 16-212 – Period and Notice of Disciplinary Action; Revocation
(a) Subject to the notice requirement of subsection (c) of this section, if a licensee engages in an act or omission that is a ground for discipline under § 16–210 of this subtitle, the Executive Director may suspend the license for a consecutive period that: (1) for a first offense, is not less than 5 nor more […]
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.
Section 16-218 – Records of Subwholesaler and Wholesaler
(a) Each subwholesaler and each wholesaler: (1) shall get an invoice for each purchase of cigarettes; (2) shall keep a record of all cigarettes received, to which the subwholesaler and wholesaler shall post each day: (i) the invoice number; (ii) the date of receipt; (iii) the quantity received; (iv) the brand; and (v) the name of the person from whom the cigarettes are […]
Section 16-219 – Records by Transporter
(a) A person who transports cigarettes by vehicle on a public road shall have in the vehicle a delivery ticket or invoice that states: (1) the name and address of the seller or consignor; (2) the name and address of a buyer or consignee who is: (i) a person in the State authorized by Title 12 of the Tax […]
Section 16-220 – Sealing Vending Machines
(a) The Executive Director shall seal a vending machine to prevent the sale or removal of cigarettes from the machine if: (1) a tax stamp is not visible on each visible package of cigarettes in the machine, as required by § 16–209(b)(1) of this subtitle; or (2) the machine is not labeled as required by § 16–209(b)(2) of […]
Section 16-221 – Removing or Tampering With Vending Machine Seal Prohibited
(a) Except as otherwise provided in § 16–220 of this subtitle, a person may not remove or tamper with a seal placed on a vending machine by the Executive Director. (b) A person who willfully violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not […]
Section 16-205 – Issuance of Licenses
(a) The Executive Director shall issue an appropriate license to each applicant who meets the requirements of this subtitle for a license to act as a manufacturer, storage warehouse, subwholesaler, vending machine operator, or wholesaler. (b) The clerk shall issue to each applicant who meets the requirements of this subtitle a license to act as a retailer. […]