reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-208 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

(a)    Subject to the hearing provisions of § 16.5–209 of this subtitle, the Executive Director may deny a license to an applicant, reprimand a licensee, or suspend 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)    buys other tobacco products for resale:
(i)    in violation of a license; or
(ii)    from a person who is not an other tobacco products manufacturer or licensed other tobacco products wholesaler;
(4)    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;
(5)    violates Title 12 of the Tax – General Article or regulations adopted under that title; or
(6)    violates this title or Title 16 of this article or regulations adopted under these titles.
(b)    Subject to the hearing provisions of § 16.5–209 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(1)    1 year has passed since the license was revoked; and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)    Prior to 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.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-209 - 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 § 16.5–208 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.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-210 - Suspension or Revocation

(a)    Subject to the notice requirement of subsection (c) of this section, if a licensee engages in an act or omission that is a ground for discipline under § 16.5–208 of this subtitle, the Executive Director may suspend the license for a consecutive period that:
(1)    for a first offense, is not less than 5 nor more than 20 business days; or
(2)    for a subsequent offense, is not less than 20 business days nor more than 6 months.
(b)    Subject to the notice requirement under subsection (c) of this section, the Executive Director may revoke a license if a licensee:
(1)    willfully and persistently engages in an act or omission that is a ground for discipline under § 16.5–208(a) of this subtitle; or
(2)    violates this title or Title 12 of the Tax – General Article or regulations adopted under these titles.
(c)    If a license is suspended or revoked under this section:
(1)    the Executive Director shall give the licensee notice of the suspension or revocation; and
(2)    the suspension or revocation may not take effect until at least 5 business days following notice of the suspension or revocation.
(d)    The transfer, renewal, or expiration of a license will not bar or abate a disciplinary action under this section.
(e)    (1)    Except for a violation of § 10–107 of the Criminal Law Article, whenever any license issued under the provisions of this subtitle is suspended or revoked by the Executive Director, the licensee may, before the effective date of the suspension or revocation, petition the Executive Director for permission to make an offer of compromise consisting of a sum of money in lieu of serving the suspension or revocation.
(2)    Money paid in lieu of suspension or revocation shall be paid into the General Fund of the State.
(3)    An offer of compromise may not exceed $2,000 in the case of retail licensees and may not exceed $50,000 for other licensees.
(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 suspension or revocation; and
(ii)    the payment of the sum of money will achieve the desired disciplinary purposes.
(5)    The Executive Director may adopt regulations to carry out this subsection.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-211 - Judicial Review

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.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-212 - Unauthorized Practice

(a)    Except as otherwise provided in § 16.5–201(b) of this subtitle, a person may not act, attempt to act, or offer to act as a licensed other tobacco products manufacturer, a licensed other tobacco products retailer, a licensed other tobacco products storage warehouse, a licensed other tobacco products wholesaler, or a licensed tobacconist in the State 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.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-213 - License Fees

(a)    (1)    The Executive Director shall pay into the General Fund of the State all license fees collected under this title.
(2)    All license fees collected by the counties are subject to the distribution provisions of § 17–206 of this article.
(b)    The General Assembly intends that these license fees be used to administer this title.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-214 - Duties of Other Tobacco Products Wholesaler and Licensed Other Tobacco Products Retailer

(a)    Each other tobacco products wholesaler:
(1)    shall get an invoice for each purchase of other tobacco products;
(2)    shall keep a record of all other tobacco products received, to which the other tobacco products wholesaler shall post each day:
(i)    the invoice number;
(ii)    the date of receipt;
(iii)    the quantity received;
(iv)    the brand;
(v)    the manufacturer; and
(vi)    the name of the person from whom the other tobacco products are received;
(3)    for other tobacco products sales to other tobacco products retailers and tobacconists:
(i)    shall keep a record of the name and address of each other tobacco products retailer and tobacconist to whom a sale is made; and
(ii)    except for a transfer of other tobacco products to retail stock by a written memorandum, shall prepare for each sale an invoice that shows the political subdivision where the other tobacco products retailer and each tobacconist is located; and
(4)    shall keep a complete and accurate record of each sale of other tobacco products 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 other tobacco products wholesaler shall make an inventory record each month of all other tobacco products on the premises or under the control of the other tobacco products wholesaler:
(i)    at the beginning or end of the month; or
(ii)    on another specific day of the month, if the other tobacco products 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)    Other tobacco products transferred to retail stock by written memorandum need not be included in the inventory record.
(c)    Each other tobacco products 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.
(d)    A licensed other tobacco products retailer who purchases premium cigars or pipe tobacco from an other tobacco products manufacturer or a licensed tobacconist shall, for a period of 2 years, keep and maintain available for inspection at the license location during business hours:
(1)    all invoices and bills of lading; and
(2)    all records covering all purchases and sales of other tobacco products.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-214.1 - Signage

(a)    A licensed other tobacco products retailer shall post a sign in a location that is clearly visible to the consumer that states:
“No person under the age of 21 may be sold tobacco products without military identification”.
(b)    The sign required under this section shall be written in letters at least one–half inch high.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-215 - Transport of Other Tobacco Products

(a)    A person who transports other tobacco products by vehicle on a public road shall have in the vehicle a delivery ticket or an 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 other tobacco products on which the tobacco tax has not been paid; or
(ii)    a person in another jurisdiction authorized to hold other tobacco products on which the tax imposed by that jurisdiction has not been paid; and
(3)    the quantity and brands of the other tobacco products that are being transported.
(b)    The Executive Director by regulation may require a common carrier that brings other tobacco products into the State to submit to the Executive Director a copy of any freight bill relating to the other tobacco products shipment.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-216 - Shipping, Importing, or Selling Other Tobacco Products

(a)    A person may not ship, import, or sell into or within this State any other tobacco products 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 other tobacco products 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 other tobacco products; and
(2)    shall ensure that the containers or individual packages of other tobacco products 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 other tobacco products into or within this State in violation of this section is subject to disciplinary action by the Executive Director under § 16.5–208 of this subtitle and to the penalty specified in § 13–1015 of the Tax – General Article.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-217 - Sales or Distribution of Other Tobacco Products

(a)    This section applies to a person who is engaged in the business of selling or distributing other tobacco products.
(b)    (1)    This subsection does not apply to the order, purchase, sale, or shipment of premium cigars or pipe tobacco by a licensed other tobacco products retailer or licensed tobacconist.
(2)    Except as provided in paragraph (3) of this subsection, a person covered under this section may not:
(i)    sell or ship other tobacco products, 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 other tobacco products, 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.
(3)    A licensed other tobacco products retailer or licensed tobacconist may deliver not more than two packages of other tobacco products directly to a consumer if the delivery is made by the licensed other tobacco products retailer or licensed tobacconist or an employee of the licensed other tobacco products retailer or licensed tobacconist.
(c)    (1)    A licensee who sells or ships other tobacco products in violation of this section or causes other tobacco products to be shipped in violation of this section is:
(i)    subject to discipline by the Executive Director under § 16.5–208 of this subtitle; and
(ii)    guilty of a felony and on conviction is subject to a fine not exceeding $50 for each package of other tobacco products transported or imprisonment not exceeding 2 years or both.
(2)    A person other than a licensee who sells or ships other tobacco products in violation of this section or causes other tobacco products 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 package of other tobacco products transported or imprisonment not exceeding 2 years or both.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-217.1 - 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.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-218 - Penalties for Violations of Title

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.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 1 - Definitions; General Provisions › Section 16.7-102 - Delegation of Powers; Authority Conferred by License

(a)    The Executive Director may delegate any power or duty of the Executive Director under this title.
(b)    Any person licensed under Title 16 or Title 16.5 of this article, or an affiliate, as defined under § 16–402(c) of this article, of a person licensed under Title 16 of this article:
(1)    is authorized to manufacture, distribute, or sell electronic smoking devices pursuant to this title in the same capacity as the person is licensed under Title 16 or Title 16.5 of this article; and
(2)    may not be required to obtain an additional license under this title.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-201 - License Required

(a)    A person must hold an appropriate license before the person may act as:
(1)    an electronic smoking devices manufacturer;
(2)    an electronic smoking devices retailer;
(3)    an electronic smoking devices wholesaler distributor;
(4)    an electronic smoking devices wholesaler importer; or
(5)    a vape shop vendor.
(b)    A place of business in which a person acts as an electronic smoking devices retailer or a vape shop vendor must hold an appropriate license.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-202 - License Process -- Application; Fee; Display; Revocation

(a)    (1)    An applicant for a license to act as an electronic smoking devices manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking devices wholesaler importer shall:
(i)    obtain an appropriate county license by submitting an application to the Executive Director on the form and containing the information that the Executive Director requires;
(ii)    indicate the licenses for which the applicant is applying; and
(iii)    except as provided in paragraph (2) of this subsection, pay to the Executive Director a fee of $25 for each license for which the applicant applies.
(2)    An applicant for a license to act as an electronic smoking devices wholesaler distributor or electronic smoking devices wholesaler importer shall pay to the Executive Director a fee of $150.
(b)    (1)    An applicant for a license to act as an electronic smoking devices retailer or a vape shop vendor:
(i)    shall obtain a county license by submitting to the clerk an application for each permanent or temporary place of business located in the same enclosure and operated by the same applicant; and
(ii)    except as provided in paragraph (2) of this subsection, shall pay to the clerk a fee of $25.
(2)    The application shall:
(i)    be made on the form that the clerk requires; and
(ii)    contain the information that the Executive Director requires.
(c)    A licensee shall display a license in the way that the Executive Director requires by regulation.
(d)    If a person has had a license revoked under § 16.7–207 of this subtitle, the person may not reapply for a license within 1 year after the date when the prior license was revoked.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-203 - Issuance

(a)    The Executive Director shall issue an appropriate license to each applicant that meets the requirements of this subtitle for a license to act as an electronic smoking devices manufacturer, electronic smoking devices wholesaler distributor, or electronic smoking devices wholesaler importer.
(b)    The clerk shall issue to each applicant that meets the requirements of this subtitle a license to act as an electronic smoking devices retailer or a vape shop vendor.
(c)    The clerk shall forward a copy of an application received for each license issued under subsection (b) of this section to the Executive Director within 30 days after issuance of the license.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-204.1 - Signage

(a)    A retail licensee shall post a sign in a location that is clearly visible to the consumer that states:
“No person under the age of 21 may be sold tobacco products without military identification”.
(b)    The sign required under this section shall be written in letters at least one–half inch high.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-205 - Expiration and Renewal

(a)    Unless a license is renewed for a 1–year term as provided in this section, the license expires on the date set by the issuing official.
(b)    At least 1 month before a license issued under this subtitle expires, the issuing official shall send to the licensee a renewal notice that states the date on which the current license expires.
(c)    Before a license issued under this subtitle expires, the licensee may renew the license 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 § 16.7–203 of this subtitle.
(d)    The issuing official shall renew the license of each licensee that meets the requirements of this section.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-206 - Assignment or Transfer; Refund

(a)    (1)    A licensed electronic smoking devices retailer or a licensed vape shop vendor may not assign the license.
(2)    If a licensed electronic smoking devices wholesaler distributor or electronic smoking devices wholesaler importer sells the licensee’s electronic smoking devices business and pays to the Executive Director a license assignment fee of $10, the licensee may assign the license to the buyer of the business if the buyer otherwise qualifies under this title for an electronic smoking devices wholesaler’s distributor or importer license.
(b)    If the electronic smoking devices business of a licensee is transferred because of bankruptcy, death, incompetency, receivership, or otherwise by operation of law, the Executive Director shall transfer the license without charge to the new owner of the licensee’s business if the transferee otherwise qualifies under this title for the license being transferred.
(c)    (1)    If a licensed electronic smoking devices wholesaler distributor or electronic smoking devices wholesaler importer surrenders the license to the Executive Director and if no disciplinary proceedings are pending against the licensee, the Executive Director shall refund a pro rata portion of the license fee for the unexpired term of the license.
(2)    A licensed electronic smoking devices retailer or a licensed vape shop vendor is not allowed a refund for the unexpired term of the license.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-207 - Denials, Reprimands, Suspensions, or Revocations

(a)    Subject to the hearing provisions of § 16.7–208 of this subtitle, the Executive Director may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee:
(1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant, licensee, or another person;
(2)    fraudulently or deceptively uses a license;
(3)    buys electronic smoking devices for resale:
(i)    in violation of a license; or
(ii)    from a person that is not a licensed electronic smoking devices manufacturer or a licensed electronic smoking devices wholesaler;
(4)    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;
(5)    violates federal, State, or local law regarding the sale of electronic smoking devices; or
(6)    violates this title, Title 16, or Title 16.5 of this article or regulations adopted under these titles.
(b)    Subject to the hearing provisions of § 16.7–208 of this subtitle, the Executive Director shall deny a license to any applicant that 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)    Prior to 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.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-208 - Hearings

(a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16.7–207 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 which the action is contemplated may be represented at the hearing by counsel.
(e)    If, after due notice, the person against which the action is contemplated does not appear, the Executive Director may nevertheless hear and determine the matter.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-209 - Suspension or Revocation; Disciplinary Proceedings

(a)    Subject to the notice requirement of subsection (c) of this section, if a licensee engages in an act or omission that is grounds for discipline under § 16.7–207 of this subtitle, the Executive Director may suspend the license for a consecutive period of time that:
(1)    for a first offense, is not less than 5 and not more than 20 business days; and
(2)    for a subsequent offense, is not less than 20 business days and not more than 6 months.
(b)    Subject to the notice requirement under subsection (c) of this section, the Executive Director may revoke a license if a licensee willfully and persistently engages in an act or omission that is grounds for discipline under § 16.7–207(a) of this subtitle.
(c)    If a license is suspended or revoked under this section:
(1)    the Executive Director shall give the licensee notice of the suspension or revocation; and
(2)    the suspension or revocation of a license may not bar or abate a disciplinary action under this section.
(d)    The transfer, renewal, or expiration of a license may not bar or abate a disciplinary action under this section.
(e)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, if a license issued under the provisions of this subtitle is suspended or revoked by the Executive Director, the licensee may, before the effective date of the suspension or revocation, petition the Executive Director for permission to make an offer of compromise consisting of a sum of money in lieu of serving the suspension or revocation.
(ii)    Subparagraph (i) of this paragraph does not apply if a license is suspended or revoked for a violation of § 24–305 of the Health – General Article, or any other federal, State, or local law prohibiting the sale of electronic smoking devices to individuals under the age of 21 years.
(2)    Money paid in lieu of suspension or revocation shall be paid into the General Fund of the State.
(3)    An offer of compromise may not exceed $2,000 for retail licensees or $50,000 for other licensees.
(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 suspension or revocation; and
(ii)    the payment of the sum of money will achieve the desired disciplinary purposes.
(5)    The Executive Director may adopt regulations to carry out this subsection.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-210 - Judicial Review

A party to a proceeding before the Executive Director that 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.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-211 - Operation Without License Prohibited; Violations; Penalties

(a)    A person may not act, attempt to act, or offer to act as an electronic smoking devices manufacturer, an electronic smoking devices retailer, an electronic smoking devices wholesaler distributor, an electronic smoking devices wholesaler importer, or a vape shop vendor in the State unless the person has an appropriate license.
(b)    (1)    A person that 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.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-212 - Collection of Fees; Distribution and Use

(a)    (1)    The Executive Director shall pay into the General Fund of the State all license fees collected under this title.
(2)    All license fees collected by the counties under this title are subject to the distribution provisions of § 17–205 of this article.
(b)    The General Assembly intends that these license fees be used to administer this title.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-213 - Requirements for Persons Who Ship, Import, or Sell Electronic Smoking Devices; Disciplinary Action

(a)    A person may not ship, import, or sell into or within the State any electronic smoking devices unless the person holds any license required by this subtitle.
(b)    A person that ships, imports, or sells electronic smoking devices into or within the 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 electronic smoking devices; and
(2)    shall ensure that the containers or individual packages of electronic smoking devices do not contain any information or markings that are false, misleading, or contrary to:
(i)    federal trademark laws; or
(ii)    the trademark law of the State under Title 1, Subtitle 4 of this article.
(c)    A person that ships, imports, or sells electronic smoking devices into or within the State in violation of this section is subject to disciplinary action by the Executive Director under § 16.7–207 of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-213.1 - Unannounced Inspections

(a)    The Maryland Department of Health may conduct unannounced inspections of licensed retailers 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.
2023 Maryland Statutes › Business Regulation › Title 16.7 - Electronic Smoking Devices Licenses › Subtitle 2 - Electronic Nicotine Delivery Systems Licenses › Section 16.7-214 - Violations; Penalties

Unless otherwise specified in this title, a person that 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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 1 - Definitions; General Provisions › Section 16.9-101 - Definitions

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-201 - Remote Tobacco Seller License Required -- Authorized Sales by Licensee

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-202 - Requirements of Remote Tobacco Seller License Applicants

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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-203 - Application Form and Fee -- Reapplication by Revoked License

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-204 - License Issued by Executive Director to Qualified Applicants

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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-205 - Expiration of License -- Renewal Notice -- Renewal Period

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-207 - Basis for Denial of License, Reprimand of Licensee, or Revocation of License -- Restrictions on Issuance to Previously Revoked Licensee -- Investigation

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-208 - Hearing Provided Before Final Action -- Notice -- Oaths -- Representation by Counsel -- Failure to Appear

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-209 - Revocation of License -- Notice and Timing -- Disciplinary Action -- Offer of Compromise in Lieu of Revocation

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-210 - Judicial Review Authorized

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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-211 - Actions Limited to Licensee -- Violations

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-212 - License Fees Deposited -- Use of Funds

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-213 - Adoption of Regulations -- Minimum Standards

(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.
2023 Maryland Statutes › Business Regulation › Title 16.9 - Out-of-State Sales of Premium Cigars and Pipe Tobacco › Subtitle 2 - Remote Tobacco Seller Licenses › Section 16.9-214 - Violation of Title Provisions -- Penalties

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.
2023 Maryland Statutes › Business Regulation › Title 17 - Miscellaneous State Business Licenses › Subtitle 1 - Definitions; General Provisions › Section 17-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Goods” means tangible personal property, items of trade, merchandise, or other types of products sold at wholesale or retail.
(c)    “License” means a license issued under this title.
(d)    (1)    “Sale” means the exchange or transfer, or the agreement to change or transfer, title or possession of goods in any manner for consideration.
(2)    “Sale” includes barter.
(e)    “Sell” includes barter.
(f)    “Stock–in–trade” means:
(1)    goods held for sale and reported as inventory on the Business Personal Property Tax Return filed with the State Department of Assessments and Taxation; or
(2)    except for alcoholic beverages, goods held for sale and reported as inventory on the Business Personal Property Tax Return filed with the State Department of Assessments and Taxation for determining the valuation of a trader’s license under Subtitle 18 of this title.
(g)    “Trader” means a person who operates a room or other place of business for selling goods, including goods sold at auction.
(h)    “Trader’s license” means a license issued by the clerk to do business as a trader.
2023 Maryland Statutes › Business Regulation › Title 17 - Miscellaneous State Business Licenses › Subtitle 1 - Definitions; General Provisions › Section 17-102 - Scope of Title

(a)    This title applies to a person who is engaged in a for–profit business.
(b)    This title does not apply to:
(1)    a person who is engaged in a not–for–profit business or a business exempt from taxation under the federal Internal Revenue Code; or
(2)    a governmental unit.