Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Advertising sign" means a printed board,
				poster, placard, or similar material provided by a supplier or licensed
				wholesaler to promote a particular alcoholic beverage product or
				supplier.
(2) "Alcoholic beverage
				list" means a list or other advertising piece which is provided to a specific
				licensed retailer or group of licensed retailers and includes:
(a) Captain's books, table tents, and similar
				items; and
(b) A list for wine,
				spirits, and beer.
(3)
				Brand Identifiable Advertising Material.
(a)
				"Brand identifiable advertising material" means a distinctive or generic name,
				trademark, logo, or symbol, identifying the product of a brewery, distillery,
				rectifier, bottler, manufacturer, vintner, or winery.
(b) "Brand identifiable advertising material"
				includes proprietary or contracted logos and symbols.
(c) "Brand identifiable advertising material"
				does not include logos, symbols, or other depictions that are not brand
				related.
(4) "Brand
				owner" means a person or entity, including but not limited to a brewery,
				distillery, rectifier, bottler, manufacturer, vintner, or winery, who has:
(a) Documented title for a specific brand of
				alcoholic beverages; and
(b) If
				applicable, obtained label approval from the Alcohol and Tobacco Tax and Trade
				Bureau.
(5) "Bureau"
				means the Alcohol and Tobacco Tax Bureau of the Comptroller of the
				Treasury.
(6) "Charity or nonprofit
				group" means an organization which qualifies for an exemption from federal
				income taxes under Internal Revenue laws and regulations.
(7) "Commission" means the Alcohol and
				Tobacco Commission.
(8)
				"Comptroller" means the Comptroller of Maryland or the Comptroller's designee.
(9) "Consumer" means an individual
				of legal age who buys, possesses, keeps, or transports lawfully acquired
				alcoholic beverages for personal use only and not for sale.
(10) "Contest" means a competition which is
				rated or scored by independent judges to determine a winner and when the winner
				is chosen by some skill, ability, or knowledge.
(11) "Coupon" means:
(a) A rebate offer by which a consumer, upon
				purchase of an alcoholic beverage product, is reimbursed monetarily by the
				supplier or independent clearinghouse representing the supplier; or
(b) An offer by which a consumer, with or
				without consideration, may obtain merchandise, other than alcoholic beverage
				products, through a supplier or independent clearinghouse.
(12) Executive Director" means the Executive
				Director of the Alcohol and Tobacco Commission for the State of Maryland or the
				Executive Director's designee.
(13)
				"General advertising" means a printed, spoken, or visual public announcement
				paid for by a supplier or wholesaler to promote a particular alcoholic beverage
				product or supplier and does not identify or benefit a particular retailer or
				group of retailers.
(14) Licensed
				Retailer.
(a) "Licensed retailer" means the
				alcoholic beverage premises as described by the alcoholic beverage retail
				license as issued by the respective county or city license issuing
				authority.
(b) For the purpose of
				an arena class alcoholic beverage license, each separate vendor or business
				entity handling alcoholic beverages is considered a separate licensed
				retailer.
(15)
				"Nonresident dealer" means a person or entity that holds a nonresident dealer
				permit issued pursuant to Alcoholic Beverages Article, Annotated Code of
				Maryland.
(16) "On-premises
				advertising" means point-of-sale material in the form of a sign, placard,
				display, or other item provided by a supplier or licensed wholesaler placed on
				a licensed retailer's premises and intended to promote a particular product or
				supplier of alcoholic beverages.
(17) "On-premises promotion" means an
				activity:
(a) Intended to promote a brand
				owner or brand owner's product which is sponsored by a supplier, licensed
				wholesaler or retailer, or a nonlicensee, including but not limited to a
				charity, radio station, or third-party promotional agency; and
(b) Held on the premises of an alcoholic
				beverage licensed retailer.
(18) Personalized Material.
(a) "Personalized material" means any
				advertising sign, wording, or information which is unique to a retailer or
				group of retailers.
(b)
				"Personalized material" includes but is not limited to:
(i) The name of the retailer;
(ii) Product size, packaging, or
				pricing;
(iii) Menus; or
(iv) Information promoting a retailer's event
				or activity.
(19) "Representative" means an individual who
				is employed by or acts as an agent of a brand owner, nonresident dealer
				permittee, supplier, or licensed wholesaler and includes the holder of a
				solicitor's permit.
(20)
				"Retailer" means a person or entity that holds an alcoholic beverage retail
				license pursuant to Alcoholic Beverage Article, Annotated Code of
				Maryland.
(21) Supplier.
(a) "Supplier" means a person or entity that
				sells alcoholic beverages to a licensed wholesaler in Maryland.
(b) "Supplier" includes a brand owner,
				nonresident dealer permittee, agent of the brand owner or nonresident dealer
				permittee, and the holder of a Maryland manufacturer's license.
(22) "Sweepstakes" means a drawing
				where the winner is chosen by lottery, matching game pieces, or a game of
				chance, or similar type of event which does not require any skill, ability, or
				knowledge in order to be selected.
(23) "Third party" means an independent
				advertising or promotional agency, or any other person who is contracted by a
				supplier or a licensed wholesaler to conduct promotional activities on the
				premises of an alcoholic beverage licensed retailer.
(24) Wholesaler.
(a)
				"Wholesaler" means a person or entity that holds an alcoholic beverage
				wholesale license pursuant to Alcoholic Beverages Article, Annotated Code of
				Maryland.
(b) "Wholesaler" includes
				a nonresident winery permit holder.