Md. Code, Business Regulation § 16.9-205 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-205
§16.
Status: in_force

§16.9–205.

(a) Unless a license is renewed for a 1–year term as provided in this section, the license expires on the first June 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 renewal notice that states:

(1) the date on which the current license expires; and

(2) the date by which the issuing official must receive the renewal application for the renewal to be issued and mailed before the license expires.

(c) Before a license issued under this subtitle expires, the licensee may renew it for an additional 1–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) submits to the issuing official a renewal application on the form that the issuing official requires; and

(3) pays to the issuing official the license fee required under § 16.9–203 of this subtitle.

(d) The issuing official shall renew the license of each licensee who meets the requirements of this section.
Md. Code, Business Regulation § 16.9-103 — MD Code / Article gbr / Title 16.9 / Subtitle 1 / Section 16.9-103
§16.
Status: in_force

§16.9–103.

This title applies only to a person located outside the State when selling premium cigars or pipe tobacco to a consumer in the State.
Md. Code, Business Regulation § 16.9-202 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-202
§16.
Status: in_force

§16.9–202.

An applicant for a remote tobacco seller license shall:

(1) identify the premium cigars and pipe tobacco that the remote tobacco seller intends to sell and ship into the State;

(2) utilize third–party age verification for purchases and deliveries; and

(3) consent to being subject to the tobacco tax under Title 12 of the Tax – General Article.
Md. Code, Business Regulation § 16.9-212 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-212
§16.
Status: in_force

§16.9–212.

(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 administer this title.
Md. Code, Business Regulation § 16.9-206 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-206
§16.
Status: in_force

§16.9–206.

A remote tobacco seller licensee may not assign the license.
Md. Code, Business Regulation § 16.9-208 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-208
§16.
Status: in_force

§16.9–208.

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16.9–207 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 hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Executive Director may administer oaths in a proceeding under this section.

(d) The person against whom the action is contemplated may be represented at the hearing by counsel.

(e) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Executive Director may hear and determine the matter.
Md. Code, Business Regulation § 16.9-210 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-210
§16.
Status: in_force

§16.9–210.

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, is entitled to judicial review as provided in §§ 10–222 and 10–223 of the State Government Article.
Md. Code, Business Regulation § 16.9-209 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-209
§16.
Status: in_force

§16.9–209.

(a) Subject to the notice requirement under subsection (b) of this section, the Executive Director may revoke a license if a licensee:

(1) engages in an act or omission that is a ground for discipline under § 16.9–207(a) of this subtitle; or

(2) violates this title or Title 12 of the Tax – General Article or regulations adopted under these titles.

(b) If a license is revoked under this section:

(1) the Executive Director shall give the licensee notice of the revocation; and

(2) the revocation may not take effect until at least 5 business days following notice of the revocation.

(c) The renewal or expiration of a license will not bar or abate a disciplinary action under this section.

(d) (1) Except for a violation of § 10–107 of the Criminal Law Article, whenever any license issued under the provisions of this subtitle is revoked by the Executive Director, the licensee may, before the effective date of the revocation, petition the Executive Director for permission to make an offer of compromise consisting of a sum of money in lieu of serving the revocation.

(2) Money paid in lieu of revocation shall be paid into the General Fund of the State.

(3) An offer of compromise may not exceed an amount set by regulation.

(4) The Executive Director may accept the offer of compromise if:

(i) the public welfare and morals would not be impaired by allowing the licensee to operate during the period set for the revocation; and

(ii) the payment of the sum of money will achieve the desired disciplinary purposes.

(5) The Executive Director shall adopt regulations to carry out this subsection.
Md. Code, Business Regulation § 16.9-201 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-201
§16.
Status: in_force

§16.9–201.

(a) A person located outside the State must have a remote tobacco seller license before the person may sell premium cigars or pipe tobacco to a consumer in the State.

(b) A remote tobacco seller license authorizes the licensee to sell premium cigars and pipe tobacco through a common carrier or private delivery service to a consumer in the State by receiving and filling orders that the consumer transmits by electronic or other means.
Md. Code, Business Regulation § 16.9-214 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-214
§16.
Status: in_force

§16.9–214.

Unless otherwise specified in this title, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.
Md. Code, Business Regulation § 16.9-207 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-207
§16.
Status: in_force

§16.9–207.

(a) Subject to the hearing provisions of § 16.9–208 of this subtitle, the Executive Director may deny a license to an applicant, reprimand a licensee, 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 or deceptively uses a license;

(3) is convicted, under the laws of the United States or of any other state, of:

(i) a felony; or

(ii) a misdemeanor that is a crime of moral turpitude and is directly related to the fitness and qualification of the applicant or licensee;

(4) is convicted of a violation under § 10–107 of the Criminal Law Article;

(5) violates Title 12 of the Tax – General Article or regulations adopted under that title;

(6) fails to utilize third–party age verification for purchases and deliveries; or

(7) violates this title or regulations adopted under this title.

(b) Subject to the hearing provisions of § 16.9–208 of this subtitle, the Executive Director shall deny a license to any applicant who has had a license revoked under this section until:

(1) 1 year has passed since the license was revoked; and

(2) it satisfactorily appears to the Executive Director that the applicant will comply with this title and any regulations adopted under this title.

(c) Before the issuance or renewal of any license, the Executive Director shall conduct an investigation with regard to:

(1) the applicant;

(2) the business to be operated; and

(3) the facts set forth in the application.
Md. Code, Business Regulation § 16.9-101 — MD Code / Article gbr / Title 16.9 / Subtitle 1 / Section 16.9-101
§16.
Status: in_force

§16.9–101.

(a) In this title the following words have the meanings indicated.

(b) “Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.

(c) “License” means a remote tobacco seller license issued by the Executive Director under Subtitle 2 of this title.

(d) “Pipe tobacco” has the meaning stated in § 16.5–101 of this article.

(e) “Premium cigars” has the meaning stated in § 16.5–101 of this article.

(f) “Remote tobacco seller” means the holder of a remote tobacco seller license issued under this title.

(g) “Sell” means to exchange or transfer, or to agree to exchange or transfer, title or possession of property, in any manner or by any means, for consideration.
Md. Code, Business Regulation § 16.9-203 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-203
§16.
Status: in_force

§16.9–203.

(a) An applicant for a remote tobacco seller license 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:

(i) $25; or

(ii) an amount set by regulation.

(b) If a person has had a license revoked under § 16.9–207 of this subtitle, the person may not reapply for a license within 1 year after the date when the prior license was revoked.
Md. Code, Business Regulation § 16.9-211 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-211
§16.
Status: in_force

§16.9–211.

(a) A person may not act, attempt to act, or offer to act as a licensed remote tobacco seller unless the person has an appropriate license.

(b) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.

(2) Each day that a violation of this section continues is a separate offense.
Md. Code, Business Regulation § 16.9-204 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-204
§16.
Status: in_force

§16.9–204.

The Executive Director shall issue a remote tobacco seller license to each applicant who meets the requirements of this subtitle for a license to act as a remote tobacco seller.
Md. Code, Business Regulation § 16.9-213 — MD Code / Article gbr / Title 16.9 / Subtitle 2 / Section 16.9-213
§16.
Status: in_force

§16.9–213.

(a) The Executive Director shall adopt regulations to implement this title.

(b) The regulations adopted under subsection (a) of this section shall include:

(1) minimum standards for third–party age verification services a remote tobacco seller is required to use; and

(2) minimum standards for the types of delivery services a remote tobacco seller is authorized to use.
Md. Code, Business Regulation § 16.9-102 — MD Code / Article gbr / Title 16.9 / Subtitle 1 / Section 16.9-102
§16.
Status: in_force

§16.9–102.

The Executive Director may delegate any power or duty of the Executive Director.