Md. Code Regs. 14.23.04.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.23.04.01 - Definitions

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Advertising sign" means a printed board, poster, placard, or similar material provided by a supplier or licensed wholesaler to promote a particular alcoholic beverage product or supplier.

(2) "Alcoholic beverage list" means a list or other advertising piece which is provided to a specific licensed retailer or group of licensed retailers and includes:

(a) Captain's books, table tents, and similar items; and

(b) A list for wine, spirits, and beer.

(3) Brand Identifiable Advertising Material.

(a) "Brand identifiable advertising material" means a distinctive or generic name, trademark, logo, or symbol, identifying the product of a brewery, distillery, rectifier, bottler, manufacturer, vintner, or winery.

(b) "Brand identifiable advertising material" includes proprietary or contracted logos and symbols.

(c) "Brand identifiable advertising material" does not include logos, symbols, or other depictions that are not brand related.

(4) "Brand owner" means a person or entity, including but not limited to a brewery, distillery, rectifier, bottler, manufacturer, vintner, or winery, who has:

(a) Documented title for a specific brand of alcoholic beverages; and

(b) If applicable, obtained label approval from the Alcohol and Tobacco Tax and Trade Bureau.

(5) "Bureau" means the Alcohol and Tobacco Tax Bureau of the Comptroller of the Treasury.

(6) "Charity or nonprofit group" means an organization which qualifies for an exemption from federal income taxes under Internal Revenue laws and regulations.

(7) "Commission" means the Alcohol and Tobacco Commission.

(8) "Comptroller" means the Comptroller of Maryland or the Comptroller's designee.

(9) "Consumer" means an individual of legal age who buys, possesses, keeps, or transports lawfully acquired alcoholic beverages for personal use only and not for sale.

(10) "Contest" means a competition which is rated or scored by independent judges to determine a winner and when the winner is chosen by some skill, ability, or knowledge.

(11) "Coupon" means:

(a) A rebate offer by which a consumer, upon purchase of an alcoholic beverage product, is reimbursed monetarily by the supplier or independent clearinghouse representing the supplier; or

(b) An offer by which a consumer, with or without consideration, may obtain merchandise, other than alcoholic beverage products, through a supplier or independent clearinghouse.

(12) Executive Director" means the Executive Director of the Alcohol and Tobacco Commission for the State of Maryland or the Executive Director's designee.

(13) "General advertising" means a printed, spoken, or visual public announcement paid for by a supplier or wholesaler to promote a particular alcoholic beverage product or supplier and does not identify or benefit a particular retailer or group of retailers.

(14) Licensed Retailer.

(a) "Licensed retailer" means the alcoholic beverage premises as described by the alcoholic beverage retail license as issued by the respective county or city license issuing authority.

(b) For the purpose of an arena class alcoholic beverage license, each separate vendor or business entity handling alcoholic beverages is considered a separate licensed retailer.

(15) "Nonresident dealer" means a person or entity that holds a nonresident dealer permit issued pursuant to Alcoholic Beverages Article, Annotated Code of Maryland.

(16) "On-premises advertising" means point-of-sale material in the form of a sign, placard, display, or other item provided by a supplier or licensed wholesaler placed on a licensed retailer's premises and intended to promote a particular product or supplier of alcoholic beverages.

(17) "On-premises promotion" means an activity:

(a) Intended to promote a brand owner or brand owner's product which is sponsored by a supplier, licensed wholesaler or retailer, or a nonlicensee, including but not limited to a charity, radio station, or third-party promotional agency; and

(b) Held on the premises of an alcoholic beverage licensed retailer.

(18) Personalized Material.

(a) "Personalized material" means any advertising sign, wording, or information which is unique to a retailer or group of retailers.

(b) "Personalized material" includes but is not limited to:

(i) The name of the retailer;

(ii) Product size, packaging, or pricing;

(iii) Menus; or

(iv) Information promoting a retailer's event or activity.

(19) "Representative" means an individual who is employed by or acts as an agent of a brand owner, nonresident dealer permittee, supplier, or licensed wholesaler and includes the holder of a solicitor's permit.

(20) "Retailer" means a person or entity that holds an alcoholic beverage retail license pursuant to Alcoholic Beverage Article, Annotated Code of Maryland.

(21) Supplier.

(a) "Supplier" means a person or entity that sells alcoholic beverages to a licensed wholesaler in Maryland.

(b) "Supplier" includes a brand owner, nonresident dealer permittee, agent of the brand owner or nonresident dealer permittee, and the holder of a Maryland manufacturer's license.

(22) "Sweepstakes" means a drawing where the winner is chosen by lottery, matching game pieces, or a game of chance, or similar type of event which does not require any skill, ability, or knowledge in order to be selected.

(23) "Third party" means an independent advertising or promotional agency, or any other person who is contracted by a supplier or a licensed wholesaler to conduct promotional activities on the premises of an alcoholic beverage licensed retailer.

(24) Wholesaler.

(a) "Wholesaler" means a person or entity that holds an alcoholic beverage wholesale license pursuant to Alcoholic Beverages Article, Annotated Code of Maryland.

(b) "Wholesaler" includes a nonresident winery permit holder.

Md. Code Regs. 14.23.04.01

Regulation .01 amended and recodified from .01 effective 49:26 Md. R. 1080, eff. 12/26/2022