Section 16-206 - Scope of licenses.
§ 16-206. Scope of licenses.
(a) Manufacturer license.- A manufacturer license authorizes the licensee to:
(1) sell unstamped cigarettes to:
(i) a licensed cigarette wholesaler located in Maryland; and
(ii) a licensed cigarette wholesaler located outside of Maryland if the unstamped cigarettes may lawfully be sold in Maryland;
(2) except as otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distribute sample cigarettes to consumers located in Maryland;
(3) store unstamped cigarettes in a licensed cigarette storage warehouse for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state; and
(4) upon approval of the Comptroller, act as an agent of a Maryland licensed wholesaler for stamping and distribution of cigarettes.
(b) Retailer license.- A retailer license authorizes the licensee to:
(1) act as a retailer; and
(2) buy stamped cigarettes from a subwholesaler or wholesaler.
(c) Storage warehouse license.-
(1) A storage warehouse license authorizes the licensee to operate a storage facility in Maryland for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.
(2) If a storage warehouse licensee is a licensed cigarette wholesaler or licensed cigarette subwholesaler, the storage warehouse license authorizes the holder to store stamped cigarettes and cigarettes with another state's tax stamp.
(d) Subwholesaler license.- A subwholesaler license authorizes the licensee to:
(1) act as a subwholesaler;
(2) buy stamped cigarettes from a wholesaler or another subwholesaler; and
(3) store stamped cigarettes and cigarettes with another state's tax stamp at a licensed cigarette storage facility.
(e) Vending machine operator license.- A vending machine operator license authorizes the licensee to:
(1) act as a vending machine operator; and
(2) buy stamped cigarettes from a subwholesaler or wholesaler.
(f) Wholesaler license.- A wholesaler license authorizes the licensee to:
(1) act as a wholesaler;
(2) buy unstamped cigarettes directly from a cigarette manufacturer;
(3) hold unstamped cigarettes;
(4) buy tobacco tax stamps as authorized by § 12-303 of the Tax - General Article;
(5) transport unstamped cigarettes in the State;
(6) sell unstamped cigarettes to another licensed wholesaler if the Comptroller specifically authorizes;
(7) upon approval of the Comptroller, designate a licensed manufacturer to act as its agent for the stamping and distribution of cigarettes; and
(8) store stamped cigarettes and cigarettes with another state's tax stamp at a licensed cigarette storage facility.
[An. Code 1957, art. 56, §§ 610, 614; 1992, ch. 4, § 2; 1994, ch. 464; 1997, ch. 704; 2002, ch. 213, § 6; 2005, ch. 112; 2009, ch. 347.]