Section 5-101 - Definitions.
§ 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.]