(a) In this subtitle the following words have the meanings indicated. (b) “License” means: (1) a license issued by the Executive Director under § 16–205(a) of this subtitle to: (i) act as a manufacturer; (ii) act as a subwholesaler; (iii) act as a vending machine operator; (iv) act as a wholesaler; or (v) act as a storage warehouse; or (2) a license issued by […]
(a) Except as provided in subsection (b) of this section, a person must have an appropriate license whenever the person acts as a manufacturer, retailer, storage warehouse, subwholesaler, vending machine operator, or wholesaler in the State. (b) A person need not get a retailer license to act as a retailer at a vending stand operated under a […]
(a) An applicant for a license to act as a manufacturer shall maintain an established place of business for the manufacture and storage of cigarettes. (b) An applicant for a license to act as a storage warehouse shall maintain an established place of business for the storage of unstamped cigarettes. (c) An applicant for a license to act […]
(a) An applicant for a license to act as a manufacturer 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 $25. (b) (1) An applicant for a license to act as a retailer shall: (i) obtain the county license […]
(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. […]
(a) A manufacturer license authorizes the licensee to: (1) sell unstamped cigarettes to: (i) a licensed cigarette wholesaler located in Maryland; and (ii) a licensed cigarette wholesaler located outside of Maryland if the unstamped cigarettes may lawfully be sold in Maryland; (2) except as otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distribute sample […]
(a) Unless a license is renewed for a 1–year term as provided in this section, the license expires on the first April 30 after its effective date. (b) At least 1 month before a license issued under this subtitle expires, the issuing official shall mail to the licensee, at the last known address of the licensee, a […]
(a) (1) A licensed retailer or licensed vending machine operator may not assign the license. (2) If a licensed subwholesaler or licensed wholesaler sells the licensee’s cigarette business and pays to the Executive Director a license assignment fee of $10, the licensee may assign the license to the buyer of the business. (b) If the cigarette business of a […]
(a) A licensee shall display a license in the way that the Executive Director requires by regulation. (b) A licensee who sells cigarettes through a vending machine: (1) shall place each package of cigarettes in the machine so that when the package is visible the tax stamps required by § 12–304 of the Tax – General Article are […]
(a) Subject to the hearing provisions of § 16–211 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 or licensee or for another person; (2) fraudulently […]
(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16–210 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 […]
(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 […]
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.
(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 […]
(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 – […]
(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.
(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 […]
(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 […]
(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 […]
(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 […]
