2023 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.