reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.16 - Maryland Sentencing Guidelines Manual

Current through Register Vol. 51, No. 14, July 12, 2024
The individual completing the worksheet shall use the
				  sentencing guidelines worksheet issued by the Commission on Criminal Sentencing
				  Policy and may refer to the Maryland Sentencing Guidelines Manual for
				  additional instruction and for case examples.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.01 - General Regulations › Section 14.22.01.17 - Sentences Deemed to Be Within Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
Notwithstanding the actual guidelines range, the Commission
				  on Criminal Sentencing Policy shall deem a sentence within the guidelines range
				  if a judge:
A. Approved an MSCCSP
				binding plea agreement and sentence agreed to by both the defendant and by the
				State;
B. Sentenced a defendant to
				a period of pre-sentence incarceration time with no additional post-sentence
				incarceration time and the length of credited pre-sentence incarceration
				exceeds the upper guidelines range for the case; or
C. Imposed a sentence of corrections options
				if the defendant's:
(1) Initial sentence plus
				any suspended sentence falls within or above the overall guidelines range;
				and
(2) Current sentence or
				sentences and any pending charges do not include a violation of:
(a) A crime of violence under Criminal Law
				Article, §
											14-101, Annotated Code
				of Maryland;
(b) Sexual child abuse
				under Criminal Law Article, §
											3-602, Annotated Code of
				Maryland;
(c) Escape; or
(d) A law of the United States or of any
				other state or the District of Columbia similar to §C(2)(a)-(c) of this
				regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 22 - COMMISSION ON CRIMINAL SENTENCING POLICY › Chapter 14.22.02 - Criminal Offenses and Seriousness Categories › Section 14.22.02.01 - List of Offense Headings

Current through Register Vol. 51, No. 14, July 12, 2024
A
Abuse and Other Offensive Conduct
Accessory After the Fact
Alcoholic Beverages
Animals, Crimes Against
Arson and Burning
Assault and Other Bodily Woundings
Assault Weapons
Assisted Suicide
B
Bad Check
Boating Offenses
Bribery
Burglary and Related Crimes
C
CDS and Paraphernalia, Crimes
CDS - Registration
Cemeteries and Funerary Objects, Crimes Involving
Commercial Fraud, Other
Conspiracy
Consumer Protection Laws
Counterfeiting
Credit Card Crimes
Crimes Against the Person, Generally
Criminal Organizations
D
Deceased Human Body, Crimes Involving
Destructive Devices
Disturbing the Peace, Disorderly Conduct, and Related
				  Crimes
E
Election Offenses
Estates, Crimes Against
Extortion and Other Threats
F
False Advertising and Related Crimes
False Statements, Other
Forensic Genealogy, Crimes Involving
Fraud, Financial Crimes Against Vulnerable Adults
Fraud, Miscellaneous
Fraud, Telecommunication Service Providers
G
H
Handguns - In General
Harboring, Escape, and Contraband
Hate Crimes
Home Improvement, Crimes Involving
Human Relations, Crimes Involving
Human Trafficking
I
Identity Fraud
Influencing or Intimidating Judicial Process
Interference with or Misuse of Government Operations
K
Kidnapping and Related Crimes
L Labor Trafficking
Lotteries
M
Machine Guns
Malicious Destruction and Related Crimes
Manslaughter and Related Crimes
Marriage, Crimes Against
Maryland Credit Services Businesses Act
Motor Vehicle Offenses
Murder
N
Nudity and Related Sexual Displays
O
Obscene Matter
P
Perjury
Prescription Drugs and Other Substances
Pretrial Release, Crimes Involving
Prostitution and Related Crimes
Public Fraud
Public Health and Safety, Crimes Against
R
Railroads, Crimes Involving
Robbery
S
Sabotage and Related Crimes School Security
Securities Fraud and Related Crimes Sexual Crimes Stalking
				  and Harassment
Statewide DNA Data Base System, Crimes Involving
Stored Wire and Electronic Communications Access, Crimes
				  Involving
Surveillance & Other Crimes Against Privacy
T
Telecommunications and Electronics, Crimes Involving
Theft, Crimes Involving
Threat of mass violence
Trespass
U
Unlawful Use of Goods
W
Weapons Crimes-In General
Workers' Compensation, Crimes Involving
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Alcohol and Tobacco Tax and Trade
				Bureau" means the Tax and Trade Bureau of the United States Department of the
				Treasury.
(2) Alcoholic Beverage.
(a) "Alcoholic beverage" means a spirituous,
				vinous, malt, or fermented liquor, liquid, or compound that:
(i) Contains at least one-half of 1 percent
				of alcohol by volume; and
(ii) Is
				suitable for beverage purposes.
(b) "Alcoholic beverage" includes alcohol,
				brandy, whiskey, rum, gin, cordial, beer, and wine.
(c) "Alcoholic beverage" does not include a
				confectionery food product that contains up to 5 percent of alcohol by volume
				and is regulated by the Maryland Department of Health under Health-General
				Article, §21-209, Annotated Code of Maryland.
(3) "Board of license commissioners", "local
				licensing board", or "liquor control board" means a board of license
				commissioners or another governmental unit of a jurisdiction that issues
				alcoholic beverages licenses.
(4)
				"Commission" means the Alcohol and Tobacco Commission.
(5) "Comptroller" means the Comptroller of
				Maryland or the Comptroller's designee.
(6) "County" means a county of the State of
				Maryland or Baltimore City.
(7)
				"Executive Director" means the Executive Director of the Alcohol and Tobacco
				Commission for the State of Maryland or the Executive Director's
				designee.
(8) "License" means an
				alcoholic beverages license issued or a permit granted under Alcoholic
				Beverages Article, Annotated Code of Maryland
(9) "License holder" means a holder of an
				alcoholic beverages license, including:
(a) A
				county liquor control board and a county dispensary; and
(b) For the delivery and billing purposes of
				Alcoholic Beverages Article, §
											2-213 and Title
				2, Subtitle 3, Annotated Code of Maryland, a corporation on behalf of which an
				individual has obtained a license.
(10) "Sale" means whenever an alcoholic
				beverage is offered, given, paid for, or bartered for between one or more
				parties.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.02 - Retail Licensees - Handling of Alcoholic Beverages and Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Alcoholic
				Beverages-Tax Payment.
(1) General. Properly
				licensed wholesalers and nonresident winery permit holders are a licensed
				retail dealer's source of supply for alcoholic beverages. A licensed retail
				dealer may not have in possession, or permit to be kept upon the licensed
				premises, any alcoholic beverages which have not been purchased from a licensed
				wholesaler or nonresident winery permit holder unless otherwise acquired under
				specific authority of Alcoholic Beverages Article or Tax-General Article,
				Annotated Code of Maryland.
(2)
				Licensed retail dealers with proper invoices and adequate records covering
				their inventory of beer, wine, and distilled spirits may presume that the
				Maryland alcoholic beverage tax has been paid, if acquired in accordance with
				the provisions of §A(1) of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.03 - Wine and Distilled Spirits Credit Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. Late Payments.
(1) An invoice issued by licensed
				wholesalers, licensed manufacturers, or nonresident winery permit holders
				shall:
(a) Accompany each delivery of wine and
				distilled spirits to licensed retailers;
(b) Be delivered to licensed retailers on the
				invoice date, or at the latest, on the next delivery date to the area in which
				the licensed retailer is located; and
(c) Be collected for between the date of the
				invoice and the applicable due date as scheduled by the Executive Director,
				unless collected at the time of delivery to the licensed retailer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.04 - Standards of Fill

Current through Register Vol. 51, No. 14, July 12, 2024
A. The standard
				of fill for containers of wine or distilled spirits shall be identical with
				those of the Alcohol and Tobacco Tax and Trade Bureau.
B. Beer may not be sold or delivered to a
				licensed wholesaler or licensed retail dealer for consumption in this State in
				container sizes of less than 6.33 ounces.
C. Before a label may be sold and distributed
				in Maryland, the label shall be approved by the Alcohol and Tobacco Tax and
				Trade Bureau.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.05 - Uniform Newspaper and Magazine Advertising of Wines and Distilled Spirits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
				A person engaged in business as a producer, manufacturer, bottler, importer,
				wholesaler, or retail dealer of distilled spirits or wines, directly or
				indirectly, or through an affiliate, may not publish or disseminate or cause to
				be published or disseminated in any newspaper, magazine, or similar publication
				any advertisement for distilled spirits or wines, unless the advertisement is
				in conformity with this regulation. These provisions may not apply to the
				publisher of any newspaper, magazine, or similar publication unless the
				publisher is engaged in business as a producer, manufacturer, bottler,
				importer, wholesaler, or retail dealer of distilled spirits or wines, directly
				or indirectly, or through an affiliate.
B. For the purpose of this regulation,
				"advertisement" includes any advertisement of distilled spirits or wines
				through the medium of newspapers, magazines, or similar publications, except
				that the term may not include:
(1) Any label
				affixed to any container of distilled spirits or wines, or any individual
				covering, carton, or other wrapper of the container;
(2) Any editorial or other reading matter in
				any periodical, publication, or newspaper for the preparation of publication of
				which no money or other valuable consideration is paid or promised, directly or
				indirectly, by any person subject to this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.06 - Sale and Delivery for Export

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee may not sell any alcoholic beverages for export
				  to any person, firm, or corporation unless the person, firm, or corporation is
				  authorized to receive the alcoholic beverages under the laws of the
				  jurisdiction of the ultimate destination.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.07 - Solicitor's Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Adult" means any person who has reached
				the age of majority.
(2)
				"Representative" means any person employed by or who represents any licensed
				manufacturer, nonresident dealer, or nonresident winery who contacts Maryland
				licensed wholesalers or licensed retail dealers for the purpose of selling or
				offering for sale alcoholic beverages.
(3) "Salesperson" means any employee of a
				licensed wholesaler, who sells or attempts to sell alcoholic beverages directly
				or indirectly to any licensed retail dealer for the account of licensed
				wholesalers.
(4) "Solicitor" means
				any person employed as a representative or salesperson who contacts a licensed
				wholesaler or licensed retail dealer within this State for the purpose of
				selling, promoting, or offering for sale alcoholic beverages.
(5) "Solicitor independent broker" means any
				person employed by or who represents within this State any licensed
				manufacturer, nonresident dealer, nonresident winery, or licensed wholesaler
				for the purpose of selling, promoting, or offering for sale alcoholic beverages
				by contacting:
(a) Consumers at a special
				event for which a temporary or permanent retail license is issued; or
(b) Consumers at an on-premises promotion as
				defined in COMAR 14.23.04.01.
(6) "Solicitor trainee" means any person
				employed by a licensed manufacturer or licensed wholesaler within this State,
				or by the holder of a nonresident dealer permit or holder of a nonresident
				winery permit outside this State, for the purpose of training that individual
				as a solicitor.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.08 - Wine and Distilled Spirits Distributorship Appointments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
				"Supplier" means a licensed manufacturer, nonresident dealer, or wholesaler who
				sells a brand of wine or distilled spirits to a licensed wholesaler for resale
				to licensed retailers in Maryland.
B. A supplier who desires to change the
				licensed wholesaler it has selected or franchised to distribute a brand of wine
				or distilled spirits in the State shall provide at least 30 days notice of this
				intention by registered mail to the licensed wholesaler and the Executive
				Director.
C. A licensed wholesaler
				who desires to discontinue the sale of a brand of wine or distilled spirits
				shall provide at least 30 days notice of this intention by registered mail to
				the supplier from whom the product was purchased and to the Executive
				Director.
D. If there is evidence
				that a violation of the law has occurred or that the distribution of a brand or
				brands of wine or distilled spirits will be adversely affected if the 30-day
				notice period is followed, the Executive Director may consider any substantial
				proof that is submitted in writing, and, if circumstances warrant, cause a
				reduction of this 30-day notice period.
E. Any brand of wine or distilled spirits
				affected by the procedure set forth in this regulation which is in the outgoing
				wholesaler's inventory on or before the conclusion of this notice period shall
				be purchased and paid for by the supplier or incoming wholesaler at the laid-in
				cost of the outgoing wholesaler before the incoming wholesaler is allowed to
				distribute the product in the Maryland market. If a supplier, other than the
				current brand owner or authorized agent, acquires a brand and wants to
				designate a wholesaler other than the existing wholesaler, the supplier may not
				file until the supplier or incoming wholesaler has purchased the inventory of
				the outgoing wholesaler at the laid-in cost of the outgoing
				wholesaler.
F. A supplier may not
				select, designate, appoint, or franchise more than one licensed wholesaler to
				sell or distribute a brand of wine or distilled spirits in Maryland for a
				period of time any longer than the 30-day notice period mentioned
				above.
G. This regulation does not
				apply to a county dispensary acting as a wholesaler.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.09 - Samples of Alcoholic Beverages

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §E(6) of this regulation, samples of alcoholic beverages
				provided under this regulation shall be tax paid at the same rate and in the
				same manner as required by the Tax-General Article, Title 5, Annotated Code of
				Maryland.
B. Permitted Samples.
(1) A licensed wholesaler may furnish samples
				or draw from sample accounts for the following purposes:
(a) To provide a sample of an alcoholic
				beverage to a licensed retailer;
(b) To donate alcoholic beverages to a bona
				fide charitable organization, nonprofit organization, or alcoholic beverage
				trade association;
(c) To provide
				sample alcoholic beverages to bona fide alcoholic beverage experts;
				and
(d) To provide alcoholic
				beverages to officers, officials, and employees of licensed wholesalers for
				personal and business use.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.10 - Sales by Holders of Class E Water Vessel Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				prohibited by local law, the holder of a Class E Beer, Wine and Liquor Water
				Vessel license may sell and serve alcoholic beverages for on-vessel
				consumption:
(1) Only to paying passengers
				who are a part of a bona fide regularly scheduled or chartered tour;
				and
(2) While the vessel is:
(a) Made fast to a wharf, pier, piling, etc.,
				or
(b) Underway.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.11 - Consumer Orders of Alcoholic Beverages

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before an
				unlicensed individual or entity, other than a licensed retailer, engages in the
				business of taking orders for alcoholic beverages from Maryland consumers for
				ultimate sale and delivery by a licensed retail dealer, the individual or
				entity shall receive an authorization letter from the Executive
				Director.
B. In order to receive
				authorization, an applicant shall submit a detailed plan to the Executive
				Director:
(1) Giving the names of all
				licensees the applicant is representing directly or indirectly; and
(2) Agreeing to comply with all of the laws
				and regulations pertaining to alcoholic beverages, and any stipulations or
				restrictions that may be made a part of the authorization.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.12 - Wholesaler Credit Sales of Beer to Worcester County Retailers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beer Credit
				Sales.
(1) A licensed wholesaler may sell
				beer on credit to retailers in Worcester County if the:
(a) Licensed retailer has held an alcoholic
				beverage retail license in Worcester County for a minimum of 2 consecutive
				years before the sale and delivery; and
(b) Licensed wholesaler complies with the
				provisions of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.13 - Family Beer and Wine Facility Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Production.
(1) The gallonage limitation for a consumer
				to brew beer or ferment wine shall be in accordance with
				27 CFR
				24.75 and
				25.205.
(2) Beer or wine made by a consumer under
				contract with the holder of a family beer and wine facility permit shall be for
				home consumption and the personal use of the consumer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.14 - Statewide Caterer's License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records. The
				holder of a Statewide caterer's license shall maintain the following:
(1) Records pertaining to all purchases and
				sales of alcoholic beverages;
(2)
				Copies of executed catering contracts with persons or entities for events at
				which alcoholic beverages are provided; and
(3) Original copies of catering certificates
				required under §B of this regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.15 - Alcohol Awareness Program and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Alcohol
				Awareness Program Provider Requirements. A holder of an alcohol awareness
				program permit shall:
(1) Maintain a current
				alcohol awareness program permit as required under Alcoholic Beverages Article,
				§
										2-158, Annotated
				Code of Maryland;
(2) Maintain each
				alcohol awareness program in conformance with Alcoholic Beverages Article,
				§
										4-505, Annotated
				Code of Maryland, as certified by the Executive Director;
(3) Notify the Executive Director, in
				writing, of any changes to the program, at least 30 days before implementation,
				for the Executive Director approval;
(4) Upon approval by the Executive Director
				under §A(3) of this regulation, notify each alcohol awareness instructor
				and provide revised program material;
(5) Notify the Executive Director, in
				writing, of discontinuance of the program with notice sent simultaneously to
				each alcohol awareness instructor;
(6) Submit authorized alcohol awareness
				instructor permit applications to the Executive Director for
				approval;
(7) Provide, at a
				minimum, 3 hours of alcohol awareness instructional classroom or electronic
				training of the program approved by the Executive Director;
(8) Provide a program testing component with
				a uniform passing score and uniform objectives, which have been preapproved by
				the Executive Director;
(9) Unless
				a delay is caused by a student, issue certificates to students who have
				successfully completed alcohol awareness training based on lists provided by an
				alcohol awareness instructor within 30 days of receipt of the notice, which
				certificates shall include the:
(a) Program
				administrator's signature;
(b)
				Program name;
(c) Instructor's
				name;
(d) Student's name;
(e) Issuance date; and
(f) 4 year validation period;
(10) Notify, in writing, the local
				alcoholic beverage licensing board in accordance with Alcoholic Beverages
				Article, §
										4-505(f)(2),
				Annotated Code of Maryland, of individuals who have successfully completed the
				alcohol awareness program, within 5 days after a certificate of completion is
				sent to the student as required in §A(9) of this regulation; and
(11) Maintain records for a period of 5 years
				from the date the certificate was issued, reflecting:
(a) The student's name;
(b) The student's address;
(c) The instructor's name;
(d) The permit number;
(e) The certification date; and
(f) If known:
(i) The local licensing board; and
(ii) The licensed retail establishment's name
				and address.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.16 - Come to Rest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Come to rest" means that the alcoholic
				beverages are physically unloaded from the transporter, truck, or other common
				carrier onto the floor, loading dock, or other part of the wholesaler's
				licensed premises.
(2) "Licensed
				location" means the physical address of the licensed premises stated on the
				application.
(3) Except as
				otherwise specified in Alcoholic Beverages Article, Annotated Code of Maryland,
				"licensed premises" means the physical location for which the license is
				issued, including any buildings or grounds identified and made part of the
				premises for purposes of the license application, and including additional
				licensed locations.
(4)
				"Warehouseman" means a person who is an employee of the wholesaler and listed
				on the regular salary list or payroll of the wholesaler.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.17 - Nonresident Dealer Permit and Resident Dealer Permit Invoices

Current through Register Vol. 51, No. 14, July 12, 2024
A. The holder
				of a nonresident dealer permit or resident dealer permit shall:
(1) Obtain a separate permit for each
				location under which alcoholic beverages are invoiced to Maryland wholesalers
				or retailers; and
(2) Include on
				each invoice the business name as stated on the permit
				application.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.18 - Public Storage or Transportation Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A public storage
				permit authorizes the holder to operate a warehouse for the storage of
				alcoholic beverages of licensees or authorized permit holders.
B. A public transportation permit authorizes
				the holder to transport alcoholic beverages into, within, or out of this State
				for licensees or authorized permit holders.
C. A Public Transportation Permit may be
				applied for by:
(1) A person engaged in the
				business of transporting alcoholic beverages for licensees into, within, and
				out of this State; or
(2) A
				licensed wholesaler in order to transport alcoholic beverages to retailers for
				another licensed wholesaler when there is a written delivery agreement between
				the wholesalers stating that there will be:
(a) No warehousing of the alcoholic beverages
				being transported;
(b) No
				unreasonable delay in transporting the alcoholic beverages;
(c) Segregation of the alcoholic beverages
				from the alcoholic beverages being transported under the transporter's own
				wholesaler license;
(d) A separate
				invoice for the alcoholic beverages being transported under the public
				transportation permit; and
(e)
				Delivery of the alcoholic beverages without performance of any other service,
				such as solicitation, shelf management, product rotation, or any other acts
				that under Alcoholic Beverages Article, Annotated Code of Maryland, and the
				regulations may be legally performed by a licensed manufacturer, wholesaler, or
				permit holder.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.01 - Alcoholic Beverages › Section 14.23.01.19 - Brand Size, Special Pack, Gift Packaging, and Labeling

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Depletion allowance" means an allowance
				offered by a supplier which is:
(a) For a
				given brand and size;
(b) For a
				specific duration;
(c) For a given
				amount per case;
(d) Based upon
				sales from existing wholesaler inventories; and
(e) Not conditioned upon purchases by a
				wholesaler.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Alcohol and Tobacco Tax and Trade
				Bureau" means the Tax and Trade Bureau of the United States Department of the
				Treasury.
(2) "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.
(3) "Commission" means the
				Alcohol and Tobacco Commission.
(4)
				"Comptroller" means the Comptroller of Maryland or the Comptroller's
				designee.
(5) "County" means a
				county of the State of Maryland or Baltimore City.
(6) "Executive Director" means the Executive
				Director of the Alcohol and Tobacco Commission for the State of Maryland or the
				Executive Director's designee.
(7)
				"Retailer" means any person engaged in the business of making retail sales of
				cigarettes within the State at a store, stand, booth, or concession, through
				vending machines, or otherwise, and only applies to the retail sales of
				cigarettes portion of the person's business.
(8) "Sell" includes advertise, offer to sell,
				or offer for sale.
(9) Wholesaler.
(a) "Wholesaler" means a person who purchases
				cigarettes directly from a manufacturer and only applies to the wholesale sales
				of cigarettes portion of the person's business.
(b) "Wholesaler" includes a person, who, as a
				sub-wholesaler:
(i) Purchases cigarettes from
				another wholesaler solely for the purpose of bona fide resale to retailers
				other than those directly or indirectly owned, affiliated, or controlled by the
				wholesaler; and
(ii) Services the
				retailers by maintaining an established place of business for the sale of
				cigarettes, including warehouse facilities, adequate inventory, proper
				accounting records, and necessary equipment and vehicles for the storage and
				distribution of cigarettes.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.02 - Transportation Costs Calculated as Part of the Basic Cost of Cigarettes

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Transportation cost is the expense to ship or deliver cigarettes from a premise
				other than the retail license location to the retailer's location for final
				sale.
B. The transportation cost
				shall be calculated as part of the "basic cost of cigarettes" to the retailer,
				as provided in Commercial Law Article, §
									11-501(e),
				Annotated Code of Maryland.
C.
				Section B of this regulation applies when a retailer receives wholesale
				discounts as provided in the Commercial Law Article, §
									11-503(b).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.03 - Notice That Wholesaler Is Unlicensed

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee who purchases cigarettes at wholesale for the
				  purpose of resale in Maryland at wholesale or retail as defined in the Maryland
				  Cigarette Sales Below Cost Act, from a person not having a license as provided
				  in Business Regulation Article, §
									16-210, Annotated
				  Code of Maryland shall be deemed not to have had notice and knowledge the
				  wholesaler was unlicensed, if:
A. The
				licensee making the purchase had no actual notice or knowledge that the
				wholesaler was not licensed;
B. The
				licensee making the purchase demanded and received from the unlicensed
				wholesaler an invoice with each purchase stating affirmatively that the
				wholesaler was currently licensed; and
C. The invoice shows the identification
				number of the license issued by the Executive Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.04 - Applications for Cigarette Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications
				for a retailer's cigarette license or licenses shall show the name and address
				of the place where cigarettes are sold.
B. Applications for more than one cigarette
				license shall be accompanied by a list of locations stating names and addresses
				where cigarettes are sold.
C.
				Applications by vending machine operators as defined in Commercial Law Article,
				§
									11-501(k),
				for a vending machine operator's cigarette license shall be accompanied by a
				list showing:
(1) Names and addresses where
				cigarette vending machines are located;
(2) The number of machines at each location;
				and
(3) The address of the
				established place of business maintained by the applicant for the purchase of
				cigarettes, including but not limited to, the maintenance of warehousing
				facilities for the storage and distribution of cigarettes.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.05 - Record Keeping and Licensing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Holders of
				any cigarette license shall keep and maintain available for inspection during
				business hours, for a period of 2 years, the following:
(1) All invoices and bills of
				lading;
(2) All records covering
				all purchases and sales of cigarettes; and
(3) All records of merchandise sold in
				connection with cigarettes.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.06 - "Cost to Wholesaler" Eliminated From Certain Purchases

Current through Register Vol. 51, No. 14, July 12, 2024
A person who is a seller at both retail and wholesale as
				  provided in Commercial Law Article, §
									11-501(m)(3),
				  may:
A. Purchase cigarettes from
				another wholesaler eliminating the "cost to the wholesaler" from the price paid
				for the cigarettes, as provided in Commercial Law Article, §
									11-503(c),
				only on those cigarettes purchased that are sold at wholesale; and
B. Not purchase cigarettes pursuant to the
				provisions of Commercial Law Article, §
									11-503(c),
				which are sold at retail by the seller who is authorized to sell at both retail
				and wholesale.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.07 - Sales by Manufacturers' Representatives

Current through Register Vol. 51, No. 14, July 12, 2024
A manufacturer's representative who sells cigarettes to a
				  retailer may do so only:
A. As the
				duly authorized representative of a licensed wholesaler; and
B. On behalf of that wholesaler.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.08 - Wholesaler's Cost of Doing Business

Current through Register Vol. 51, No. 14, July 12, 2024
A. Cost of Doing
				Business.
(1) The cost of doing business is
				presumed to be 5 percent of the basic cost of cigarettes to the
				wholesaler.
(2) Unless approved for
				a lower cost of doing business or meeting legal competition, as provided by
				this regulation, a wholesaler may not sell cigarettes to a retailer at less
				than a 5 percent markup.
(3) "Cost
				of doing business" means the wholesaler's cost of doing business in cigarettes
				as evidenced by the accounting standards and methods regularly employed by the
				wholesaler in determining costs for purposes of federal income tax reporting
				for the total operation of the wholesaler's establishment.
(4) The cost of doing business in cigarettes
				shall include, without limitation, allocations for:
(a) Labor, including salaries of executives
				and officers;
(b) Rent;
(c) Depreciation;
(d) Selling costs;
(e) Maintenance of equipment;
(f) Delivery costs;
(g) Interest payable;
(h) All types of licenses, taxes, insurance,
				and advertising; and
(i) All other
				direct and indirect costs.
(5) The cost of doing business shall be
				expressed as a percentage and applied to the basic cost of
				cigarettes.
(6) A wholesaler who
				wishes to use the actual cost of doing business to the wholesaler pursuant to
				§A(3)-(4) of this regulation rather that the presumptive cost of doing
				business to the wholesaler pursuant to §A(1)-(2) of this regulation shall
				first establish satisfactory proof of a lesser cost of doing
				business.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.02 - Maryland Cigarette Sales Below Cost Act › Section 14.23.02.09 - Promotional Allowances and Cigarette Buydowns

Current through Register Vol. 51, No. 14, July 12, 2024
A. A retailer or
				wholesaler may pass on to a purchaser or consumer any reduction in cost which
				results from:
(1) Payment or compensation
				given by a manufacturer of cigarettes on a uniform and nondiscriminatory basis
				for promotional services; or
(2)
				Any coupon issued and ultimately redeemed by a cigarette
				manufacturer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.03 - Beer Franchises and Local Alcoholic Beverage Reporting › Section 14.23.03.01 - Beer Franchises

Current through Register Vol. 51, No. 14, July 12, 2024
A. A beer franchise
				filing is required to be filed with the Executive Director on the form
				prescribed by the Executive Director. A beer franchise form shall be filed
				periodically by:
(1) A beer nonresident dealer
				who sells beer to a Maryland wholesaler or county dispensary for distribution
				in the State;
(2) A Maryland
				brewery or microbrewery who sells beer to a Maryland wholesaler for
				distribution in the State; or
(3) A
				Maryland beer wholesaler who self-imports beer for sale in Maryland or
				subdistributes beer to another Maryland beer wholesaler for sale in
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.03 - Beer Franchises and Local Alcoholic Beverage Reporting › Section 14.23.03.02 - Reports of Boards of License Commissioners and County Dispensaries

Current through Register Vol. 51, No. 14, July 12, 2024
A. Report of
				Retail License Activity.
(1) Each retail
				alcoholic beverages license-issuing authority shall file on a monthly basis a
				report with the Executive Director, on forms provided or approved by the
				Executive Director, listing all retail alcoholic beverages license activity,
				including issuances, cancellations, transfers, revocations, etc., for the
				report month. Each issuing authority shall file the monthly report with the
				Executive Director by the 15th of the month following the report month. Reports
				are due even if there is no activity.
(2) Each alcoholic beverages license-issuing
				authority shall file annually a complete report of all retail alcoholic
				beverages licenses renewed for the year on forms provided or approved by the
				Executive Director. This annual report shall be filed by the 15th of the month
				following the month the licenses are renewed.
(3) Reports filed by the alcoholic beverages
				license-issuing authority shall include the names of licensees, entity name and
				trade name, address, and any other information the Executive Director may
				require. The Executive Director may adopt a Statewide control number to be used
				by the alcoholic beverages licenseissuing authority when filing
				reports.
(4) Each alcoholic
				beverages license-issuing authority shall file annually a complete report of
				all revenue derived for the year preceding from retail alcoholic beverages
				licenses, on forms provided or approved by the Executive Director. This annual
				report shall be filed by August 15 annually.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A representative
				may not engage in an activity that is impermissible on the part of the brand
				owner, nonresident dealer, supplier, or licensed wholesaler. If the
				representative is found to be acting contrary to this chapter, the
				representative's license or permit may be subject to suspension or revocation,
				and the license or permit of the representative's employer may be subject to
				suspension or revocation.
B. Trade
				practice restrictions upon a brand owner, supplier, or licensed wholesaler,
				which apply to alcoholic beverage products, advertising, or promotions, apply
				equally to nonalcoholic products if the activity or service could be construed
				as providing something of value to a licensed retailer or as relieving the
				licensed retailer of an ordinary business expense.
C. If a licensee or permittee is deemed to be
				acting contrary to one or more specific provisions of this chapter, in whole or
				in part, in addition to other available administrative remedies, including
				suspension or revocation of a license or permit, the licensee's or permittee's
				authority to engage in that particular trade practice activity may be
				temporarily or permanently terminated, without affecting the other aspects of
				the licensee's or permittee's operation or authority.
D. This chapter is applicable to all
				alcoholic beverage trade practice regulations. If there is a specific conflict
				with previously issued administrative notices or bulletins, these regulations
				prevail. Otherwise, any prior notice or bulletin on the subject of trade
				practices remains in effect.
E. If
				a general statement conflicts with an exception or qualification applicable to
				persons or sets of circumstances, the regulation as stated in the exceptions or
				qualifications prevails over the general provisions insofar as there is any
				conflict or inconsistency between the two.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.03 - Coupons

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) A coupon may only be provided to the
				consumer:
(a) At the point of
				purchase;
(b) Through direct
				mail;
(c) Through the print media;
				or
(d) Via a portable data file
				that is accessible from the Internet.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.04 - Alcoholic Beverage Lists

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) Except as provided in this regulation, a
				supplier, licensed wholesaler, or person connected with a supplier or licensed
				wholesaler may not furnish, procure, or otherwise prepare an alcoholic beverage
				list for a licensed retailer.
(2) A
				licensed retailer may prepare and provide the retailer's own alcoholic beverage
				list if there is not an exclusive arrangement with consideration given by a
				supplier or licensed wholesaler to the licensed retailer.
(3) A supplier may procure alcoholic beverage
				lists for a licensed retailer. The supplier shall charge the licensed retailer
				fair market value or higher.
(4) A
				list sold to a licensed retailer is not limited on the quantity and type of
				products listed.
(5) A licensed
				retailer and licensed wholesaler shall maintain documentation on their
				respective premises for a period of 2 years for lists sold to a licensed
				retailer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.05 - Tastings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in this chapter or Alcoholic Beverages Article, Annotated Code of
				Maryland, a supplier or licensed wholesaler may not sponsor or participate in
				an alcoholic beverage tasting on licensed retail premises.
B. An alcoholic beverage tasting may be given
				by a supplier or licensed wholesaler only to bona fide members and guests of a:
(1) Charitable organization;
(2) Nonprofit group or association;
(3) Trade association; or
(4) Group of retailers by
				invitation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.06 - Relationships With Consumers

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) A consumer's source of supply is a
				licensed retailer.
(2) A
				representative or agent of a supplier or licensed wholesaler may provide to
				consumers in trivial quantities:
(a) Nominal
				advertising items such as matches, pencils, buttons, can openers, recipes,
				pamphlets, and similar items; and
(b) Nonapparel items as part of a
				nonstructured promotional campaign during a spontaneous and isolated visit to
				licensed retail premises.
(3) A licensed wholesaler or supplier may
				furnish samples for use by any bona fide religious, fraternal, civic, veterans,
				hospital, or charitable organization if it is a nonprofit organization which
				does not hold an alcoholic beverage retail license.
(4) A supplier or licensed wholesaler
				representative may have contact with consumers as permitted by Regulation .12
				of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION › Chapter 14.23.04 - Alcoholic Beverage Trade Practices › Section 14.23.04.07 - Third Parties and Charitable Groups

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) A third party, acting on behalf of a
				licensed supplier or licensed wholesaler, may not engage in a promotional
				activity that would not be approved if it were submitted by the licensed
				supplier or wholesaler.
(2) A
				supplier, licensed wholesaler, or third party may not use a charitable or
				nonprofit organization, a person or entity affiliated with or related to a
				licensee, or another third party, as a surrogate to circumvent the alcoholic
				beverage statutes or regulations.
(3) A charitable group may engage in
				independent fund-raising activities on licensed retail premises.
(4) A charitable group may receive a
				legitimate, non-product donation from a supplier or licensed wholesaler when
				the charitable group does not possess a retail license.
(5) A representative of a third party who
				engages in an approved alcoholic beverage promotional activity on behalf of a
				supplier or licensed wholesaler shall obtain a Maryland solicitor's permit in
				accordance with COMAR 14.23.01.07.