reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies › Subtitle 2 - Franchises › Section 14-232 - Failure to Notify Commissioner of Material Change

(a)    A person may not fail to notify the Commissioner promptly of a material change as required by § 14-220 of this subtitle.
(b)    A person who willfully sells a franchise knowingly violating this section is guilty of a felony and, on conviction, is subject for each violation to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both.
2023 Maryland Statutes › Business Regulation › Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies › Subtitle 3 - Multilevel Distribution Companies › Section 14-301 - "Multilevel Distribution Company" Defined

In this subtitle, “multilevel distribution company” means a person who, for consideration, distributes goods or services through independent agents, contractors, or distributors at different levels of distribution with rates of pricing or discounting that differ from 1 level to another.
2023 Maryland Statutes › Business Regulation › Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies › Subtitle 3 - Multilevel Distribution Companies › Section 14-302 - Repurchases Required

(a)    A multilevel distribution company may not require a participant in its marketing program to buy goods or services or pay any other consideration to participate in the marketing program unless the multilevel distribution company agrees to repurchase the goods:
(1)    that are in resalable condition; and
(2)    that the participant has been unable to sell 3 months after receipt of the goods first ordered.
(b)    A multilevel distribution company shall state in writing in each contract of participation in its marketing program that:
(1)    a participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered by written notice to the multilevel distribution company; and
(2)    on cancellation, the multilevel distribution company shall repurchase the goods.
(c)    The repurchase price shall be at least 90% of the original price paid by the participant.
2023 Maryland Statutes › Business Regulation › Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies › Subtitle 3 - Multilevel Distribution Companies › Section 14-303 - Representations of Earnings

A multilevel distribution company may not represent directly or indirectly that participants in its marketing program may or will earn a stated gross or net amount or represent in any way the past earnings of participants unless the stated gross amount, net amount, or past earnings:
(1)    are those of a substantial number of participants in the community or geographic area where the representation is made; and
(2)    accurately reflect the average earnings of participants under circumstances similar to those of the participant or prospective participant to whom the representation is made.
2023 Maryland Statutes › Business Regulation › Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies › Subtitle 3 - Multilevel Distribution Companies › Section 14-304 - Injunctive Relief

(a)    The Attorney General or a State’s Attorney may sue to enjoin, wholly or partly, the activities of a multilevel distribution company that violate this subtitle.
(b)    At least 10 days before seeking injunctive relief, the Attorney General or State’s Attorney shall send written notice of the alleged violation by certified mail to the principal place of business of the multilevel distribution company.
2023 Maryland Statutes › Business Regulation › Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies › Subtitle 3 - Multilevel Distribution Companies › Section 14-305 - Penalties

(a)    A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000.
(b)    Each officer and each director of a corporation that violates this subtitle, each partner of a partnership that violates this subtitle, and the owner of a sole proprietorship that violates this subtitle is also subject to the penalty under this section.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 1 - Hotel Liability for Valuables › Section 15-103 - General Liability for Loss of Valuables

(a)    A hotel is not liable for the loss, by robbery or otherwise, of a valuable belonging to a guest if:
(1)    the hotel provides a safe or other secure depository for keeping valuables of guests;
(2)    the guest does not deposit the valuable with the hotel for safekeeping; and
(3)    the loss does not result from the collusion or negligence of the hotel or its agent.
(b)    (1)    A hotel is not liable for more than $300 for the loss of valuables that a guest deposits with the hotel for safekeeping unless, at the time of deposit, the guest shows the valuables to an agent of the hotel and declares a greater value to the agent.
(2)    A hotel need not accept for safekeeping valuables with a declared value of more than $1,000.
(c)    A hotel is not liable for more than $1,000 for the loss of or damage to valuables belonging to a guest, whether or not the valuables were offered to or accepted by the hotel for safekeeping.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 1 - Hotel Liability for Valuables › Section 15-105 - Loss of Property -- From Checkrooms

A hotel is not liable for more than $75 for the loss of property that a guest leaves with an agent or employee of the hotel at a checkroom or other similar place if:
(1)    the hotel has posted conspicuously at each such place a notice that states the limitation on liability under this section;
(2)    the agent or employee gives to the guest an identification ticket that:
(i)    states on its face, in 10 point or larger type, the limitation on liability under this section; and
(ii)    provides a space for declaring a greater value; and
(3)    the guest does not declare a value greater than $75 on the duplicate of the identification ticket that the hotel keeps.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Innkeeper” means the owner, operator, manager, or keeper of a lodging establishment, or the agent of an owner, operator, manager, or keeper of a lodging establishment.
(c)    “Lodging establishment” means an inn, hotel, motel, or other establishment that has at least four rooms available for a fee to transient guests for lodging or sleeping purposes.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-202 - Application

Except as provided in this subtitle for an individual who is under the age of 21 years, this subtitle may not be construed to alter the prohibition against discrimination by an innkeeper or lodging establishment under Title 20, Subtitle 3 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-203 - Providing of Lodging and Services

(a)    An innkeeper may refuse to provide lodging or services to or may remove from a lodging establishment an individual who:
(1)    refuses to pay or is unable to pay for lodging or services;
(2)    while on the premises of the lodging establishment is under the influence of alcohol, drugs, or other intoxicating substance so as to create a public nuisance;
(3)    while on the premises is disorderly so as to create a public nuisance;
(4)    destroys, damages, or defaces property of the lodging establishment or its guests, or threatens to do so;
(5)    the innkeeper reasonably believes is using the lodging establishment for the unlawful possession or use of a controlled dangerous substance in violation of Title 5 of the Criminal Law Article or for the consumption of alcohol by an individual under the age of 21 years in violation of § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages Article;
(6)    the innkeeper reasonably believes possesses property that may be dangerous to other individuals, such as firearms or explosives; or
(7)    refuses to abide by any conspicuously posted rule or policy of the lodging establishment.
(b)    (1)    If an innkeeper seeks to remove an individual from a lodging establishment as provided under this section, the innkeeper shall:
(i)    notify the individual, either orally or in writing, that the lodging establishment refuses to provide further lodging or services to the individual and that the individual should immediately leave the lodging establishment; and
(ii)    if the individual has paid for lodging or services in advance, refund any unused portion of the advance payment, but the lodging establishment may withhold payment for a full day’s lodging if the individual was lodged for a portion of a day.
(2)    If an individual attempts to remain in a lodging establishment after having been requested to leave under the provisions of this section, an innkeeper may:
(i)    if the individual is a guest, lock the door of the individual’s room;
(ii)    remove the individual’s baggage and other personal property; and
(iii)    using no more force than necessary, eject the individual from the lodging establishment.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-204 - Payment, Registration and Limitation of Guests

(a)    An innkeeper may require a prospective guest to demonstrate an ability to pay by cash or valid credit card.
(b)    An innkeeper may require each guest at a lodging establishment to register and may require the guest to produce:
(1)    a valid driver’s license;
(2)    a valid military identification card;
(3)    a valid passport; or
(4)    any valid government issued identification card.
(c)    An innkeeper may limit the number of individuals who may occupy a particular guest room in a lodging establishment.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-205 - When the Guest Is a Minor

(a)    For an individual who is under the age of 18 years, an innkeeper may require a parent or guardian of the individual to:
(1)    accept liability for the charges for the individual’s lodging and any damages to the lodging establishment caused by the individual; and
(2)    provide a valid credit card or make an advance cash damage deposit of not more than $500 to cover any charges incurred or damages caused by the individual.
(b)    If an innkeeper requires an advance deposit under subsection (a) of this section, the innkeeper shall, following a room inspection at the time of checkout, refund any amount of the deposit not needed to cover reasonable charges for damages.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-207 - National Human Trafficking Resource Center Hotline Information

(a)    (1)    The Department shall design a sign that states the following:
“REPORT HUMAN TRAFFICKING: National Human Trafficking Resource Center –– 1–888–373–7888. CALL FOR HELP IF YOU OR SOMEONE YOU KNOW:
�  Is being forced to have sex without consent
�  Has had an ID or documents taken away
�  Is being threatened by or is in debt to an employer
�  Wants to leave a job but cannot freely do so.
TOLL–FREE.  24/7.  CONFIDENTIAL.  INTERPRETERS AVAILABLE.
This sign is required under State law.”
(2)    The sign shall:
(i)    be at least 3 by 5 inches in size;
(ii)    contain the text required under paragraph (1) of this subsection in English, Spanish, and any other languages required by the federal Voting Rights Act;
(iii)    draw attention to the phone number of the National Human Trafficking Resource Center Hotline by showing the phone number in bold type; and
(iv)    be placed on the Department website.
(b)    (1)    A State, county, or municipal law enforcement agency may issue a civil citation to a lodging establishment requiring it to post prominently in each guest room for 1 year the sign that is identical to the notice required to be placed on the website of the Department under subsection (a) of this section, if the lodging establishment is located on property where arrests leading to convictions for prostitution, solicitation of a minor, or human trafficking under Title 3, Subtitle 11 of the Criminal Law Article have occurred.
(2)    A State, county, or municipal law enforcement agency shall consider any assistance it receives from a lodging establishment in an investigation leading to a conviction under paragraph (1) of this subsection in determining whether to issue a citation under this subsection.
(c)    (1)    The owner of a lodging establishment that violates subsection (b)(1) of this section is subject to a civil penalty not exceeding $1,000.
(2)    Each guest room that does not have a sign is not a separate violation.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-208 - Accessible Rooms for Individuals With Disabilities -- Bed Height

(a)    In this section, “accessible room” means a room in a lodging establishment that is required to be in compliance with the transient lodging requirements of the Americans with Disabilities Act.
(b)    Subject to subsection (c) of this section, each accessible room in a lodging establishment shall be furnished with a bed that:
(1)    measures at least 20 inches but not more than 23 inches high from the floor to the top of the mattress, whether or not the mattress is compressed; and
(2)    has at least a 7–inch vertical clearance under the bed for lift access.
(c)    (1)    Beginning December 31, 2022, each lodging establishment shall furnish at least 25% of the lodging establishment’s accessible rooms with a bed that meets the requirements of subsection (b) of this section.
(2)    Beginning December 31, 2023, each lodging establishment shall furnish at least 50% of the lodging establishment’s accessible rooms with a bed that meets the requirements of subsection (b) of this section.
(3)    Beginning December 31, 2024, each lodging establishment shall furnish at least 75% of the lodging establishment’s accessible rooms with a bed that meets the requirements of subsection (b) of this section.
(4)    Beginning December 31, 2025, each accessible room in a lodging establishment shall be furnished with a bed that meets the requirements of subsection (b) of this section.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-209 - Innkeepers Maintenance of Guest Records -- Retention Period

(a)    An innkeeper shall establish and maintain a computerized record–keeping system of all guest transactions and receipts.
(b)    A record maintained in accordance with this section shall be retained by the innkeeper for not less than 6 months after the date of the creation of the record.
2023 Maryland Statutes › Business Regulation › Title 15 - Lodging Establishments › Subtitle 2 - Rights and Responsibilities of Innkeepers › Section 15-210 - Educational Training Program on Identification and Reporting of Suspected Human Trafficking -- New Employees of Innkeeper -- Reporting Procedures

(a)    (1)    The Governor’s Office of Crime Prevention, Youth, and Victim Services and the Department shall approve educational training programs for the accurate and prompt identification and reporting of suspected human trafficking.
(2)    A training program approved under this subsection must include a video presentation that:
(i)    defines:
1.    exploitation of a child; and
2.    human trafficking; and
(ii)    offers guidance to employees of innkeepers on:
1.    recognizing potential victims of human trafficking;
2.    the differences between labor and sex trafficking that are specific to the hotel industry;
3.    activities commonly associated with human trafficking; and
4.    the role of employees in reporting and responding to human trafficking.
(b)    (1)    An innkeeper shall provide a new employee of the lodging establishment with the annual training described in subsection (a) of this section within 90 days after the date the employee is hired.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, on or before October 1, 2023, and each October 1 thereafter, an innkeeper shall certify to the Department that all employees of the lodging establishment have received the annual training prescribed by this section.
(ii)    The requirement under this paragraph does not apply to an employee for whom fewer than 90 days have elapsed since the date the employee was hired.
(c)    An innkeeper shall:
(1)    establish a procedure for reporting potential instances of human trafficking by:
(i)    an employee to the innkeeper; and
(ii)    the innkeeper to:
1.    law enforcement; or
2.    the National Human Trafficking Resource Center Hotline;
(2)    implement a human trafficking prevention policy for the innkeeper’s employees that includes how to:
(i)    recognize potential victims of human trafficking;
(ii)    respond to an individual who may be or is a victim of human trafficking; and
(iii)    connect an individual who may be or is a victim of human trafficking with any available resources; and
(3)    post prominently the sign developed by the Department under § 15–207 of this subtitle in a location conspicuous to the innkeeper’s employees.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 1 - Definitions; General Provisions › Section 16-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Cigarette” means any size or shaped roll for smoking that is made of tobacco or tobacco mixed with another ingredient and wrapped in paper or in any other material except tobacco.
(c)    “County license” means a license issued by the clerk to sell cigarettes at retail in a county.
(d)    “Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.
(e)    “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.
(f)    (1)    “Sell cigarettes at retail” means to sell cigarettes to a consumer.
(2)    “Sell cigarettes at retail” includes selling cigarettes through a vending machine.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-202 - Cigarette Business License Required; Exception; Multiple Licenses

(a)    Except as provided in subsection (b) of this section, a person must have an appropriate license whenever the person acts as a manufacturer, retailer, storage warehouse, subwholesaler, vending machine operator, or wholesaler in the State.
(b)    A person need not get a retailer license to act as a retailer at a vending stand operated under a trader’s license issued to Blind Industries and Services of Maryland.
(c)    A license to act as a retailer is required for each place of business where a person acts as a retailer.
(d)    (1)    A person licensed as a manufacturer, or person connected with the business of a licensed manufacturer or related by ownership, may not at the same time hold or have any financial interest in a wholesaler license or in any business of a wholesaler.
(2)    A person licensed as a wholesaler, or person connected with the business of a licensed wholesaler or related by ownership, may not at the same time hold or have any financial interest in a manufacturer license or in any business of a manufacturer.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-203 - Qualifications of Applicants

(a)    An applicant for a license to act as a manufacturer shall maintain an established place of business for the manufacture and storage of cigarettes.
(b)    An applicant for a license to act as a storage warehouse shall maintain an established place of business for the storage of unstamped cigarettes.
(c)    An applicant for a license to act as a subwholesaler shall maintain:
(1)    an established place of business, including warehouse facilities, for the sale of cigarettes; and
(2)    necessary equipment and vehicles for the storage and distribution of cigarettes.
(d)    An applicant for a license to act as a vending machine operator shall maintain an established place of business, including warehouse facilities, for the purchase, storage, and distribution of cigarettes.
(e)    An applicant for a license to act as a wholesaler shall maintain:
(1)    an established place of business, including warehouse facilities, for the sale of cigarettes; and
(2)    necessary equipment and vehicles for the storage and distribution of cigarettes.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-204 - Applications for Licenses; Fees

(a)    An applicant for a license to act as a manufacturer 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 $25.
(b)    (1)    An applicant for a license to act as a retailer shall:
(i)    obtain the county license required under § 16–301 of this title;
(ii)    submit 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
(iii)    pay to the clerk a fee of $30.
(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)    An applicant for a license to act as a storage warehouse 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 $25.
(d)    An applicant for a license to act as a subwholesaler 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)    $500 for a 1–year term; or
(ii)    the amount that results when $500 is prorated to the nearest month, if the application is for less than a 1–year term.
(e)    An applicant for a license to act as a vending machine operator shall:
(1)    obtain the county license required under § 16–301 of this title;
(2)    submit an application to the Executive Director on the form and containing the information that the Executive Director requires; and
(3)    pay to the Executive Director a fee of $500.
(f)    An applicant for a license to act as a wholesaler 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 $750.
(g)    If a person has had a license revoked under § 16–210 of this subtitle, the person may not reapply for a license within 1 year after the date when the prior license was revoked.
(h)    (1)    In addition to the license fee otherwise required under this section:
(i)    an applicant for the initial issuance of a license issued by the Executive Director under this title shall pay to the Executive Director a nonrefundable application fee of $200; and
(ii)    an applicant for renewal of a license issued by the Executive Director under this title shall pay to the Executive Director a renewal fee of $30.
(2)    The application and renewal fees required under this subsection do not apply to a license that is issued by the clerk or to a storage warehouse license application.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-205 - Issuance of Licenses

(a)    The Executive Director shall issue an appropriate license to each applicant who meets the requirements of this subtitle for a license to act as a manufacturer, storage warehouse, subwholesaler, vending machine operator, or wholesaler.
(b)    The clerk shall issue to each applicant who meets the requirements of this subtitle a license to act as a retailer.
(c)    The Executive Director shall provide to the Prevention and Health Promotion Administration each year the name and address of each person licensed under subsection (b) of this section.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-206 - Scope of Licenses

(a)    A manufacturer license authorizes the licensee to:
(1)    sell unstamped cigarettes to:
(i)    a licensed cigarette wholesaler located in Maryland; and
(ii)    a licensed cigarette wholesaler located outside of Maryland if the unstamped cigarettes may lawfully be sold in Maryland;
(2)    except as otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distribute sample cigarettes to consumers located in Maryland;
(3)    store unstamped cigarettes in a licensed cigarette storage warehouse for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state; and
(4)    upon approval of the Executive Director, act as an agent of a Maryland licensed wholesaler for stamping and distribution of cigarettes.
(b)    A retailer license authorizes the licensee to:
(1)    act as a retailer; and
(2)    buy stamped cigarettes from a subwholesaler or wholesaler.
(c)    (1)    A storage warehouse license authorizes the licensee to operate a storage facility in Maryland for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.
(2)    If a storage warehouse licensee is a licensed cigarette wholesaler or licensed cigarette subwholesaler, the storage warehouse license authorizes the holder to store stamped cigarettes and cigarettes with another state’s tax stamp.
(d)    A subwholesaler license authorizes the licensee to:
(1)    act as a subwholesaler;
(2)    buy stamped cigarettes from a wholesaler or another subwholesaler; and
(3)    store stamped cigarettes and cigarettes with another state’s tax stamp at a licensed cigarette storage facility.
(e)    A vending machine operator license authorizes the licensee to:
(1)    act as a vending machine operator; and
(2)    buy stamped cigarettes from a subwholesaler or wholesaler.
(f)    A wholesaler license authorizes the licensee to:
(1)    act as a wholesaler;
(2)    buy unstamped cigarettes directly from a cigarette manufacturer;
(3)    hold unstamped cigarettes;
(4)    buy tobacco tax stamps as authorized by § 12–303 of the Tax – General Article;
(5)    transport unstamped cigarettes in the State;
(6)    sell unstamped cigarettes to another licensed wholesaler if the Executive Director specifically authorizes;
(7)    upon approval of the Executive Director, designate a licensed manufacturer to act as its agent for the stamping and distribution of cigarettes; and
(8)    store stamped cigarettes and cigarettes with another state’s tax stamp at a licensed cigarette storage facility.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-207 - Term and Renewal of Licenses

(a)    Unless a license is renewed for a 1–year term as provided in this section, the license expires on the first April 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;
(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; and
(3)    the amount of the renewal fee.
(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:
(i)    the license fee required under § 16–204 of this subtitle; and
(ii)    if the license is issued by the Executive Director, the renewal fee required under § 16–204(h) 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 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-208 - Assignment, Transfer, and Surrender of Licenses

(a)    (1)    A licensed retailer or licensed vending machine operator may not assign the license.
(2)    If a licensed subwholesaler or licensed wholesaler sells the licensee’s cigarette 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.
(b)    If the cigarette 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.
(c)    (1)    If a licensed subwholesaler or licensed wholesaler 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 part of the license fee for the unexpired term of the license.
(2)    A licensed retailer or licensed vending machine operator is not allowed a refund for the unexpired term of the license.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-209 - License Display; Cigarette Display and Vending Machine Label Requirements

(a)    A licensee shall display a license in the way that the Executive Director requires by regulation.
(b)    A licensee who sells cigarettes through a vending machine:
(1)    shall place each package of cigarettes in the machine so that when the package is visible the tax stamps required by § 12–304 of the Tax – General Article are also visible; and
(2)    in the way that the Executive Director requires by regulation, shall:
(i)    identify each vending machine with a conspicuous label that states the licensee’s name, address, and telephone number; and
(ii)    display on a conspicuous label applicable prohibitions and penalties under § 10–107 of the Criminal Law Article.
(c)    (1)    A 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”.
(2)    The sign required under this subsection shall be written in letters at least one–half inch high.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-210 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

(a)    Subject to the hearing provisions of § 16–211 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)    fails to comply with the Maryland Cigarette Sales Below Cost Act or regulations adopted under that Act;
(4)    fails to comply with the provisions of Title 11, Subtitle 5A of the Commercial Law Article;
(5)    buys cigarettes for resale:
(i)    in violation of a license; or
(ii)    from a person who is not a licensed cigarette manufacturer, licensed subwholesaler, licensed vending machine operator, or licensed wholesaler;
(6)    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; or
(7)    has not paid a tax due before October 1 of the year after the tax became due.
(b)    Subject to the hearing provisions of § 16–211 of this subtitle, the Executive Director may suspend or revoke a license if the licensee violates:
(1)    Title 12 of the Tax – General Article, or regulations adopted under that title; or
(2)    this title or regulations adopted under this title.
(c)    Subject to the hearing provisions of § 16–211 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.
(d)    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 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-211 - 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 § 16–210 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 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-212 - Period and Notice of Disciplinary Action; 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 § 16–210 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 § 16–210(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 shall not exceed $2,000 in the case of retail licensees, and shall 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 promulgate rules and regulations necessary to carry out the purposes of this subsection.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-213 - 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, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 2 - Cigarette Business Licenses › Section 16-214 - Doing Business Without License

(a)    Except as otherwise provided in § 16-202(b) of this subtitle, a person may not act, attempt to act, or offer to act as a manufacturer, retailer, storage warehouse, subwholesaler, vending machine operator, or wholesaler 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 of $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 - 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.