§ 16-201
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/md/business-regulation/16-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§16–201.
(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 the clerk under § 16–205(b) of this subtitle to act as a retailer.
(c)“Licensed manufacturer” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a manufacturer.
(d)“Licensed retailer” means a person licensed by the clerk under § 16–205(b) of this subtitle to act as a retailer.
(e)“Licensed storage warehouse” means a facility licensed by the Executive Director under § 16–205(a) of this subtitle to act as a storage warehouse.
(f)“Licensed subwholesaler” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a subwholesaler.
(g)“Licensed vending machine operator” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a vending machine operator.
(h)“Licensed wholesaler” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a wholesaler.
(i)“Manufacturer” means a person who:
(i)operates one or more cigarette manufacturing plants; or
(ii)is a participating manufacturer; and
(i)sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland;
(ii)sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland;
(iii)unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample cigarettes to consumers located in Maryland; or
(iv)stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state.
(j)“Participating manufacturer” has the meaning stated in § 16–501 of this title.
(k)“Retailer” means a person who:
(1)sells cigarettes to consumers through vending machines on fewer than 40 premises;
(2)otherwise sells cigarettes to consumers; or
(3)holds cigarettes for sale to consumers.
(l)“Stamped cigarettes” means a package of cigarettes to which tobacco tax stamps are affixed in the amount and manner required by § 12–304 of the Tax – General Article.
(m)“Storage warehouse” means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.
(1)“Subwholesaler” means a person who:
(i)holds stamped cigarettes for sale to another person for resale; or
(ii)sells stamped cigarettes to another person for resale.
(2)“Subwholesaler” does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale.
(o)“Unstamped cigarettes” means a package of cigarettes to which tobacco tax stamps are not affixed in the amount and manner required by § 12–304 of the Tax – General Article.
(p)“Vending machine operator” means a person who:
(1)holds cigarettes for sale to consumers through vending machines on 40 or more premises; or
(2)sells cigarettes to consumers through vending machines on 40 or more premises.
(q)“Wholesaler” means a person who:
(1)holds cigarettes for sale to another person for resale; or
(2)sells cigarettes to another person for resale.