Maryland § 16-201

§ 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:

        (1)    (i)    operates one or more cigarette manufacturing plants; or

            (ii)    is a participating manufacturer; and

        (2)    (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.

    (n)    (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.