Section 16-201 - Definitions. - Maryland Statutes

§ 16-201. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 

(b)  License.- "License" means: 

(1) a license issued by the Comptroller under § 16-205(a) of this subtitle to: 

(i) act as a manufacturer; 

(ii) act as a subwholesaler; 

(iii) act as a vending machine operator; 

(iv) act as a wholesaler; or 

(v) act as a storage warehouse; or 

(2) a license issued by the clerk under § 16-205(b) of this subtitle to act as a retailer. 

(c)  Licensed manufacturer.- "Licensed manufacturer" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a manufacturer. 

(d)  Licensed retailer.- "Licensed retailer" means a person licensed by the clerk under § 16-205(b) of this subtitle to act as a retailer. 

(e)  Licensed storage warehouse.- "Licensed storage warehouse" means a facility licensed by the Comptroller under § 16-205(a) of this subtitle to act as a storage warehouse. 

(f)  Licensed subwholesaler.- "Licensed subwholesaler" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a subwholesaler. 

(g)  Licensed vending machine operator.- "Licensed vending machine operator" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a vending machine operator. 

(h)  Licensed wholesaler.- "Licensed wholesaler" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a wholesaler. 

(i)  Manufacturer.- "Manufacturer" means a person who: 

(1) (i) operates one or more cigarette manufacturing plants; or 

(ii) is a participating manufacturer; and 

(2) (i) sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland; 

(ii) sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland; 

(iii) unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample cigarettes to consumers located in Maryland; or 

(iv) stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state. 

(j)  Participating manufacturer.- "Participating manufacturer" has the meaning stated in § 16-501 of this title. 

(k)  Retailer.- "Retailer" means a person who: 

(1) sells cigarettes to consumers through vending machines on fewer than 40 premises; 

(2) otherwise sells cigarettes to consumers; or 

(3) holds cigarettes for sale to consumers. 

(l)  Stamped cigarettes.- "Stamped cigarettes" means a package of cigarettes to which tobacco tax stamps are affixed in the amount and manner required by § 12-304 of the Tax - General Article. 

(m)  Storage warehouse.- "Storage warehouse" means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer. 

(n)  Subwholesaler.-  

(1) "Subwholesaler" means a person who: 

(i) holds stamped cigarettes for sale to another person for resale; or 

(ii) sells stamped cigarettes to another person for resale. 

(2) "Subwholesaler" does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale. 

(o)  Unstamped cigarettes.- "Unstamped cigarettes" means a package of cigarettes to which tobacco tax stamps are not affixed in the amount and manner required by § 12-304 of the Tax - General Article. 

(p)  Vending machine operator.- "Vending machine operator" means a person who: 

(1) holds cigarettes for sale to consumers through vending machines on 40 or more premises; or 

(2) sells cigarettes to consumers through vending machines on 40 or more premises. 

(q)  Wholesaler.- "Wholesaler" means a person who: 

(1) holds cigarettes for sale to another person for resale; or 

(2) sells cigarettes to another person for resale. 
 

[An. Code 1957, art. 56, § 610; 1992, ch. 4, § 2; 1994, ch. 464; 2002, ch. 213, § 6; 2004, ch. 25, § 6; 2009, ch. 347.]