Section 16-201 - Definitions.
§ 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.]