Section 5-101 - Definitions. - Maryland Statutes

§ 5-101. Definitions.
 

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

(b)  Alcoholic beverage.-  

(1) "Alcoholic beverage" means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that: 

(i) is fit for beverage purposes; and 

(ii) contains one-half of 1% or more of alcohol by volume. 

(2) "Alcoholic beverage" includes: 

(i) beer; 

(ii) distilled spirits; and 

(iii) wine. 

(c)  Alcoholic beverage license.- "Alcoholic beverage license" means an alcoholic beverage license or permit issued under Article 2B of the Code. 

(d)  Beer.-  

(1) "Beer" means a brewed alcoholic beverage. 

(2) "Beer" includes: 

(i) ale; 

(ii) porter; 

(iii) stout; 

(iv) hard cider, as defined in Article 2B, § 1-102(a)(9-1) of the Code; and 

(v) alcoholic beverages that contain: 

1. 6% or less alcohol by volume, derived primarily from the fermentation of grain, with not more than 49% of the beverage's overall alcohol content by volume obtained from flavors and other added nonbeverage ingredients containing alcohol; or 

2. more than 6% alcohol by volume, derived primarily from the fermentation of grain, with not more than 1.5% of the beverage's overall alcohol content by volume obtained from flavors and other added nonbeverage ingredients containing alcohol. 

(e)  Consumer.- "Consumer" means a person who buys, possesses, or transports an alcoholic beverage for a purpose other than selling the alcoholic beverage. 

(f)  Direct wine seller.- "Direct wine seller" has the meaning stated in Article 2B, § 7.5-101 of the Code. 

(g)  Distilled spirits.-  

(1) "Distilled spirits" means a distilled alcoholic beverage. 

(2) "Distilled spirits" includes: 

(i) alcohol; 

(ii) brandy; 

(iii) cordials; 

(iv) gin; 

(v) liqueur; 

(vi) rum; 

(vii) vodka; 

(viii) whiskey; and 

(ix) solutions or mixtures of distilled spirits except fortified wines. 

(h)  Manufacturer.- "Manufacturer" means a person who operates within the State a place of business for blending, bottling, brewing, distilling, fermenting, or rectifying an alcoholic beverage. 

(i)  Nonresident dealer.- "Nonresident dealer" means a person who is required to obtain a nonresident dealer's permit under Article 2B, § 2-101 (i) of the Code. 

(j)  Person.- "Person" includes: 

(1) this State or a political subdivision, unit, or instrumentality of this State; 

(2) another state or a political subdivision, unit, or instrumentality of that state; and 

(3) a unit or instrumentality of a political subdivision of this State or of another state. 

(k)  Resident dealer.- "Resident dealer" means a person who is required to obtain a resident dealer's permit under Article 2B, § 2-101(w) of this Code. 

(l)  Retail dealer.-  

(1) "Retail dealer" means a person who buys an alcoholic beverage for sale to a consumer. 

(2) "Retail dealer" includes a county department of liquor control or liquor control board that operates a dispensary. 

(m)  Tax stamp.- "Tax stamp" means a device in the design and denomination that the Comptroller authorizes for the purpose of being affixed to a container of distilled spirits as evidence that the alcoholic beverage tax is paid. 

(n)  Wholesaler.-  

(1) "Wholesaler" means a person who buys or imports an alcoholic beverage for sale to another person for resale. 

(2) "Wholesaler" includes a county department of liquor control or liquor control board that operates a wholesale dispensary. 

(o)  Wine.-  

(1) "Wine" means a fermented alcoholic beverage. 

(2) "Wine" includes: 

(i) carbonated, flavored, imitation, sparkling, or still wine; 

(ii) champagne; 

(iii) cider; 

(iv) fortified wine; 

(v) perry; 

(vi) sake; and 

(vii) vermouth. 
 

[An. Code 1957, art. 2B, §§ 133, 138, 142; 1988, ch. 2, § 1; 1989, ch. 5, § 15; 1998, ch. 21, § 1; 2000, ch. 85; 2002, ch. 251; 2004, ch. 25, § 6; 2008, ch. 36, § 6; ch. 702; 2009, chs. 60, 205.]