Current with changes from the 2024 Legislative Session
Section 16-201 - Definitions(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.Amended by 2024 Md. Laws, Ch. 462,Sec. 1, eff. 10/1/2024.Amended by 2019 Md. Laws, Ch. 12, Sec. 1, eff. 6/1/2020.