MD. Business Regulation Code Ann. §  16-201 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 2 - Cigarette Business Licenses|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.