reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  16-215 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-215 - Accepting Delivery of Unstamped Cigarettes Prohibited

    (a)    Unless authorized by a license, a person may not accept delivery of unstamped cigarettes.    (b)    On receipt of a package of cigarettes, a retailer, subwholesaler, or vending machine operator immediately shall:        (1)    examine the package to find out whether tobacco tax stamps are affixed properly to the package as required by § 12-304 of the Tax - General Article; and        (2)    reject any unstamped or improperly stamped cigarettes by:            (i)    returning them to the seller or consignor; or            (ii)    delivering them to a common carrier for return to the seller or consignor.    (c)    (1)    There is a presumption that any unstamped cigarettes in the possession of a retailer, subwholesaler, vending machine operator, or wholesaler are held in violation of this subtitle.        (2)    A retailer, subwholesaler, vending machine operator, or wholesaler who holds unstamped cigarettes has the burden to prove that the cigarettes are not held in violation of this subtitle.
MD. Business Regulation Code Ann. §  16-216 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-216 - Distribution and Intended Use of Cigarette Business License Fees

    (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:        (1)    administer this title; and        (2)    enforce the Maryland Cigarette Sales Below Cost Act.
MD. Business Regulation Code Ann. §  16-218 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-218 - Records of Subwholesaler and Wholesaler

    (a)    Each subwholesaler and each wholesaler:        (1)    shall get an invoice for each purchase of cigarettes;        (2)    shall keep a record of all cigarettes received, to which the subwholesaler and wholesaler shall post each day:            (i)    the invoice number;            (ii)    the date of receipt;            (iii)    the quantity received;            (iv)    the brand; and            (v)    the name of the person from whom the cigarettes are received;        (3)    for cigarette sales to retailers:            (i)    shall keep a record of the name and address of each retailer to whom a sale is made; and            (ii)    except for a transfer of cigarettes to retail stock by a written memorandum, shall prepare for each sale an invoice that shows the political subdivision where the retailer is located; and        (4)    shall keep a complete and accurate record of each sale of cigarettes to an out–of–state person for resale to out–of–state consumers.    (b)    (1)    Except as provided in paragraph (2) of this subsection, each subwholesaler and each wholesaler shall make an inventory record each month of all cigarettes on the premises or under the control of the subwholesaler or wholesaler:            (i)    at the beginning or end of the month; or            (ii)    on another specific day of the month, if the subwholesaler or wholesaler finds it more practical to take inventory on that day and notifies the Executive Director that inventory will be taken on that day.        (2)    Cigarettes in a vending machine or cigarettes transferred to retail stock by written memorandum need not be included in the inventory record.    (c)    Each subwholesaler and each wholesaler shall:        (1)    keep the records required by this section for 6 years or for a shorter time set by the Executive Director; and        (2)    allow the Executive Director to examine the records.
MD. Business Regulation Code Ann. §  16-219 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-219 - Records by Transporter

    (a)    A person who transports cigarettes by vehicle on a public road shall have in the vehicle a delivery ticket or invoice that states:        (1)    the name and address of the seller or consignor;        (2)    the name and address of a buyer or consignee who is:            (i)    a person in the State authorized by Title 12 of the Tax – General Article to hold unstamped cigarettes on which the tobacco tax has not been paid; or            (ii)    a person in another jurisdiction authorized to hold cigarettes on which the tax imposed by that jurisdiction has not been paid; and        (3)    the quantity and brands of the cigarettes that are being transported.    (b)    The Executive Director by regulation may require a common carrier that brings cigarettes into the State to submit to the Executive Director a copy of any freight bill relating to the cigarette shipment.
MD. Business Regulation Code Ann. §  16-220 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-220 - Sealing Vending Machines

    (a)    The Executive Director shall seal a vending machine to prevent the sale or removal of cigarettes from the machine if:        (1)    a tax stamp is not visible on each visible package of cigarettes in the machine, as required by § 16–209(b)(1) of this subtitle; or        (2)    the machine is not labeled as required by § 16–209(b)(2) of this subtitle.    (b)    If the violation for which a vending machine is sealed has been corrected in the presence of the Executive Director or the Executive Director’s designee, the Executive Director shall remove the seal.
MD. Business Regulation Code Ann. §  16-221 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-221 - Removing or Tampering With Vending Machine Seal Prohibited

    (a)    Except as otherwise provided in § 16–220 of this subtitle, a person may not remove or tamper with a seal placed on a vending machine by the Executive Director.    (b)    A person who willfully violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
MD. Business Regulation Code Ann. §  16-222 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-222 - Shipping, Importing, or Selling of Cigarettes Into State

    (a)    A person may not ship, import, or sell into or within this State any brand of cigarette unless that person:        (1)    (i)    is the owner of the brand;            (ii)    is the United States importer for the brand; or            (iii)    is a designated agent in Maryland of:                1.    the owner of the brand; or                2.    the United States importer of the brand; and        (2)    holds any license required by this subtitle.    (b)    A person who ships, imports, or sells cigarettes into or within this State:        (1)    shall comply with any federal and State requirements concerning the placement of warning labels or other information on the containers or individual packages of cigarettes; and        (2)    shall ensure that the containers or individual packages of cigarettes do not contain any information or markings that are false, misleading, or contrary to:            (i)    federal trademark or tax laws;            (ii)    the trademark law of this State under Title 1, Subtitle 4 of this article; or            (iii)    the tax laws of this State under Title 12 of the Tax – General Article.    (c)    A person who ships, imports, or sells cigarettes into or within this State in violation of this section is subject to disciplinary action by the Executive Director under § 16–210 of this subtitle and to the penalty specified in § 13–1015 of the Tax – General Article.
MD. Business Regulation Code Ann. §  16-223 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|Section 16-223 - Direct Sales and Shipping of Cigarettes Ordered by Mail or Other Means

    (a)    This section applies to a person who is engaged in the business of selling or distributing cigarettes.    (b)    (1)    Except as provided in paragraph (2) of this subsection, a person covered under this section may not:            (i)    sell or ship cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, directly to a consumer or other unlicensed recipient in this State; or            (ii)    cause cigarettes, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network by a consumer or other unlicensed recipient, to be shipped directly to a consumer or other unlicensed recipient in this State.        (2)    A licensed retailer may deliver no more than two cartons of cigarettes directly to a consumer if the delivery is made by the licensed retailer or an employee of the licensed retailer.    (c)    (1)    A licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is:            (i)    subject to discipline by the Executive Director under § 16–210 of this subtitle; and            (ii)    guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both.        (2)    A person other than a licensee who sells or ships cigarettes in violation of this section or causes cigarettes to be shipped in violation of this section is guilty of a felony and, on conviction, is subject to a fine not exceeding $50 for each carton of cigarettes transported or imprisonment not exceeding 2 years or both.
MD. Business Regulation Code Ann. §  16-301 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-301 - License Required

    Whenever a person sells cigarettes at retail in a county, the person must have a county license for:         (1)    each place of business; and        (2)    each vending machine, if the applicant sells cigarettes through a vending machine.
MD. Business Regulation Code Ann. §  16-302 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-302 - Applications for Licenses

    (a)    For each county license, an applicant shall:        (1)    submit an application to the clerk; and        (2)    pay to the clerk a license fee of:            (i)    $25 in a county other than Cecil County or Montgomery County;            (ii)    $50 in Cecil County; or            (iii)    $125 in Montgomery County.    (b)    (1)    From each license fee collected under subsection (a) of this section, the Clerk of the Circuit Court for Montgomery County shall distribute:            (i)    $25 to the Executive Director; and            (ii)    $100 to Montgomery County to be used to enforce existing laws banning the sale or distribution of tobacco or tobacco products to individuals under the age of 21 years.        (2)    Funds distributed under paragraph (1)(ii) of this subsection may not be used to supplant existing funding for the enforcement of laws banning the sale or distribution of tobacco or tobacco products to individuals under the age of 21 years.
MD. Business Regulation Code Ann. §  16-303 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-303 - Issuance of License

    The clerk shall issue a county license to each applicant who meets the requirements of this subtitle.
MD. Business Regulation Code Ann. §  16-304 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-304 - Term of License

    A county license expires on the first anniversary of its effective date.
MD. Business Regulation Code Ann. §  16-305 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-305 - Display of License

    A county licensee shall display the county license in a conspicuous place:         (1)    in the place of business for which it is issued; or        (2)    on the premises where the machine is located, if the licensee sells cigarettes through a vending machine.
MD. Business Regulation Code Ann. §  16-306 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-306 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

    Subject to the hearing provisions of § 16–307 of this subtitle, the Executive Director may deny a county license to an applicant, reprimand a county licensee, or suspend or revoke a county 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)    violates § 16–308.1 of this subtitle; or        (4)    fails to comply with the Maryland Cigarette Sales Below Cost Act and regulations adopted under it.
MD. Business Regulation Code Ann. §  16-307 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-307 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

    (a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16–306 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. Business Regulation Code Ann. §  16-308 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-308 - Selling Cigarettes at Retail Without a License

    A person may not sell cigarettes at retail in a county unless the person has an appropriate county license.
MD. Business Regulation Code Ann. §  16-308.1 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-308.1 - Selling Certain Types of Herbal Incense or Potpourri Prohibited

    (a)    A person who holds a county license may not sell herbal incense or potpourri that includes a noncontrolled substance with a chemical structure that is substantially similar to the chemical structure of a controlled dangerous substance as defined in § 5–101 of the Criminal Law Article.    (b)    Authorized employees of the Field Enforcement Division of the Executive Director’s Office may enforce the provisions of subsection (a) of this section.
MD. Business Regulation Code Ann. §  16-308.2 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-308.2 - Sale of Unpackaged Cigarette

    (a)    In this section, “unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold as a unit.    (b)    This section applies only in Baltimore City.    (c)    A person who holds a county license may not sell an unpackaged cigarette.    (d)    (1)    An enforcement officer of the Tobacco Use Prevention and Cessation Program in the Baltimore City Health Department may enforce this section by entering and inspecting, at a reasonable time, the premises of a county license holder.        (2)    An enforcement officer shall report a violation of this section to a State’s Attorney.    (e)    Issuance of a citation by the Comptroller for a violation of § 16–215 of this title precludes a prosecution for a violation under this section arising out of the same incident.
MD. Business Regulation Code Ann. §  16-308.3 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-308.3 - Unannounced Inspections

    (a)    The Maryland Department of Health may conduct unannounced inspections of a licensed retailer to ensure the licensee’s compliance with the provisions of this title and § 10–107 of the Criminal Law Article.    (b)    The Maryland Department of Health may use an individual under the age of 21 years to assist in conducting an inspection under this section.
MD. Business Regulation Code Ann. §  16-309 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3 - License to Sell Cigarettes at Retail in Counties|Section 16-309 - Penalty

    (a)    Except as provided in subsection (b) of this section, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $100.    (b)    A person who violates § 16–308.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:        (1)    except as provided in items (2) and (3) of this subsection, $300;        (2)    for a second violation occurring within 2 years after the first violation, $1,000; and        (3)    for a third or subsequent violation occurring within 2 years after the preceding violation, $3,000.
MD. Business Regulation Code Ann. §  16-3A-01 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3A - Tobacco Product Vending Machines|Section 16-3A-01 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Owner” means the person that owns or operates an establishment in which a vending machine is located.    (c)    (1)    “Tobacco product” means any product that is:            (i)    intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:                1.    tobacco; or                2.    nicotine; or            (ii)    an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph.        (2)    “Tobacco product” includes:            (i)    cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;            (ii)    electronic smoking devices; and            (iii)    filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.        (3)    “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.    (d)    “Vending machine” means any mechanical, electronic, or similar self–service device that on insertion of a coin, coins, token, or other similar means dispenses a tobacco product.
MD. Business Regulation Code Ann. §  16-3A-02 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3A - Tobacco Product Vending Machines|Section 16-3A-02 - Vending Machines

    A person may not sell or dispense or offer to sell or dispense a tobacco product through a vending machine in the State, unless the vending machine is located in an establishment that individuals under the age of 21 years are prohibited by law from entering at any time.
MD. Business Regulation Code Ann. §  16-3A-03 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3A - Tobacco Product Vending Machines|Section 16-3A-03 - Violations; Penalties

    A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
MD. Business Regulation Code Ann. §  16-3B-01 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 3B - Miscellaneous Prohibited Act; Penalty|Section 16-3B-01 - Violating Regulation of Executive Director

    (a)    A person may not violate a regulation adopted by the Executive Director that applies to a person who sells cigarettes at retail.    (b)    A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine of $100.
MD. Business Regulation Code Ann. §  16-401 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 4 - Tobacco Product Manufacturers Escrow Act|Section 16-401 - Legislative Findings and Purpose

    (a)    Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The United States Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco–related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.    (b)    Cigarette smoking also presents serious financial concerns for the State. Under certain health care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive the medical assistance.    (c)    Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.    (d)    It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.    (e)    On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement”, with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the Agreement, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.    (f)    (1)    It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short–term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably.        (2)    It is thus in the interest of the State to require such tobacco product manufacturers to establish a reserve fund to guarantee a source of compensation in order to prevent them from deriving large, short–term profits and then becoming judgment–proof before liability may arise.