Maryland 2022 Regular Session

Maryland House Bill HB789 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0789
6	6
7	7	HOUSE BILL 789
8	8	C2 2lr2158
9	9
10	10	By: Delegate Harrison
11	11	Introduced and read first time: February 3, 2022
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Prince George’s County – Cigarettes and Other Tobacco Products – Licensing 2
19	19	Conditions 3
20	20
21	21	FOR the purpose of establishing licensing conditions for applicants for certain county 4
22	22	licenses to sell cigarettes or other tobacco products in Prince George’s County; and 5
23	23	generally relating to licenses for the sale of cigarettes and other tobacco products in 6
24	24	Prince George’s County. 7
25	25
26	26	BY repealing and reenacting, without amendments, 8
27	27	Article – Alcoholic Beverages 9
28	28	Section 1–101(a) and (bb) 10
29	29	Annotated Code of Maryland 11
30	30	(2016 Volume and 2021 Supplement) 12
31	31
32	32	BY repealing and reenacting, without amendments, 13
33	33	Article – Business Regulation 14
34	34	Section 16–101, 16–201(a), (b), and (d), and 16.5–101(a), (b), (d), (f), (l), (s), and (t) 15
35	35	Annotated Code of Maryland 16
36	36	(2015 Replacement Volume and 2021 Supplement) 17
37	37
38	38	BY repealing and reenacting, with amendments, 18
39	39	Article – Business Regulation 19
40	40	Section 16–302 and 16.5–203(b) 20
41	41	Annotated Code of Maryland 21
42	42	(2015 Replacement Volume and 2021 Supplement) 22
43	43
44	44	BY adding to 23
45	45	Article – Business Regulation 24
46	46	Section 16.5–203.1 25
47	47	Annotated Code of Maryland 26
48	48	(2015 Replacement Volume and 2021 Supplement) 27 2 HOUSE BILL 789
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53	53	That the Laws of Maryland read as follows: 2
54	54
55	55	Article – Alcoholic Beverages 3
56	56
57	57	1–101. 4
58	58
59	59	(a) In this article the following words have the meanings indicated. 5
60	60
61	61	(bb) (1) “Retail dealer” means a person that sells an alcoholic beverage to any 6
62	62	person other than a license holder. 7
63	63
64	64	(2) “Retail dealer” includes a county dispensary. 8
65	65
66	66	Article – Business Regulation 9
67	67
68	68	16–101. 10
69	69
70	70	(a) In this title the following words have the meanings indicated. 11
71	71
72	72	(b) “Cigarette” means any size or shaped roll for smoking that is made of tobacco 12
73	73	or tobacco mixed with another ingredient and wrapped in paper or in any other material 13
74	74	except tobacco. 14
75	75
76	76	(c) “County license” means a license issued by the clerk to sell cigarettes at retail 15
77	77	in a county. 16
78	78
79	79	(d) “Executive Director” means the Executive Director of the Alcohol and Tobacco 17
80	80	Commission. 18
81	81
82	82	(e) “Sell” means to exchange or transfer, or to agree to exchange or transfer, title 19
83	83	or possession of property, in any manner or by any means, for consideration. 20
84	84
85	85	(f) (1) “Sell cigarettes at retail” means to sell cigarettes to a consumer. 21
86	86
87	87	(2) “Sell cigarettes at retail” includes selling cigarettes through a vending 22
88	88	machine. 23
89	89
90	90	16–201. 24
91	91
92	92	(a) In this subtitle the following words have the meanings indicated. 25
93	93
94	94	(b) “License” means: 26
95	95
96	96	(1) a license issued by the Executive Director under § 16–205(a) of this 27
97	97	subtitle to: 28 HOUSE BILL 789 3
98	98
99	99
100	100
101	101	(i) act as a manufacturer; 1
102	102
103	103	(ii) act as a subwholesaler; 2
104	104
105	105	(iii) act as a vending machine operator; 3
106	106
107	107	(iv) act as a wholesaler; or 4
108	108
109	109	(v) act as a storage warehouse; or 5
110	110
111	111	(2) a license issued by the clerk under § 16–205(b) of this subtitle to act as 6
112	112	a retailer. 7
113	113
114	114	(d) “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of 8
115	115	this subtitle to act as a retailer. 9
116	116
117	117	16–302. 10
118	118
119	119	(a) For each county license, an applicant shall: 11
120	120
121	121	(1) submit an application to the clerk; and 12
122	122
123	123	(2) pay to the clerk a license fee of: 13
124	124
125	125	(i) $25 in a county other than Cecil County or Montgomery County; 14
126	126
127	127	(ii) $50 in Cecil County; or 15
128	128
129	129	(iii) $125 in Montgomery County. 16
130	130
131	131	(b) (1) From each license fee collected under subsection (a) of this section, the 17
132	132	Clerk of the Circuit Court for Montgomery County shall distribute: 18
133	133
134	134	(i) $25 to the Executive Director; and 19
135	135
136	136	(ii) $100 to Montgomery County to be used to enforce existing laws 20
137	137	banning the sale or distribution of tobacco or tobacco products to individuals under the age 21
138	138	of 21 years. 22
139	139
140	140	(2) Funds distributed under paragraph (1)(ii) of this subsection may not be 23
141	141	used to supplant existing funding for the enforcement of laws banning the sale or 24
142	142	distribution of tobacco or tobacco products to individuals under the age of 21 years. 25
143	143
144	144	(C) (1) THIS SUBSECTION APPLIES ONLY IN PRINCE GEORGE’S COUNTY. 26
145	145	4 HOUSE BILL 789
146	146
147	147
148	148	(2) TO QUALIFY FOR A COUNTY LICENSE UNDER THIS SECTION , AN 1
149	149	APPLICANT SHALL SUBMIT TO THE CLERK A SIGNED AFFIRMATION THAT: 2
150	150
151	151	(I) THE APPLICANT D OES NOT HOLD A N ALCOHOLIC 3
152	152	BEVERAGES LICENSE TO ACT AS A RETAIL DEALER ISSUED UNDER TITLE 26 OF THE 4
153	153	ALCOHOLIC BEVERAGES ARTICLE; AND 5
154	154
155	155	(II) THE ESTABLISHMENT FROM W HICH THE APPLICANT W ILL 6
156	156	SELL CIGARETTES AT R ETAIL IS NOT LOCATED WITHIN 1 MILE OF THE 7
157	157	ESTABLISHMENT OF : 8
158	158
159	159	1. ANOTHER LICENSED RETAILER ; OR 9
160	160
161	161	2. A RETAIL DEALER , AS DEFINED IN § 1–101 OF THE 10
162	162	ALCOHOLIC BEVERAGES ARTICLE. 11
163	163
164	164	16.5–101. 12
165	165
166	166	(a) In this title the following words have the meanings indicated. 13
167	167
168	168	(b) “County license” means a license issued by the clerk to sell other tobacco 14
169	169	products at retail in a county. 15
170	170
171	171	(d) “License” means: 16
172	172
173	173	(1) a license issued by the Executive Director under § 16.5–204(a) of this 17
174	174	title to: 18
175	175
176	176	(i) act as a licensed other tobacco products manufacturer; 19
177	177
178	178	(ii) act as an other tobacco products wholesaler; or 20
179	179
180	180	(iii) act as an other tobacco products storage warehouse; or 21
181	181
182	182	(2) a license issued by the clerk under § 16.5–204(b) of this title to act as 22
183	183	an other tobacco products retailer or a tobacconist. 23
184	184
185	185	(f) “Licensed other tobacco products retailer” means a person licensed by the 24
186	186	clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer. 25
187	187
188	188	(l) “Other tobacco products retailer” means a person who: 26
189	189
190	190	(1) sells other tobacco products to consumers; or 27
191	191
192	192	(2) holds other tobacco products for sale to consumers. 28
193	193	HOUSE BILL 789 5
194	194
195	195
196	196	(s) “Sell other tobacco products at retail” means to sell other tobacco products to 1
197	197	a consumer. 2
198	198
199	199	(t) “Tobacconist” means an other tobacco products business that derives at least 3
200	200	70% of its revenues, measured by average daily receipts, from the sale of other tobacco 4
201	201	products and tobacco–related accessories. 5
202	202
203	203	16.5–203. 6
204	204
205	205	(b) (1) [An] SUBJECT TO § 16.5–203.1 OF THIS SUBTITLE, AN applicant for 7
206	206	a license to act as an other tobacco products retailer or a tobacconist: 8
207	207
208	208	(i) shall obtain a county license by submitting to the clerk an 9
209	209	application for each permanent or temporary place of business located in the same 10
210	210	enclosure and operated by the same applicant; and 11
211	211
212	212	(ii) except as provided in paragraph (2) of this subsection, shall pay 12
213	213	to the clerk a fee of $15. 13
214	214
215	215	(2) A person who has a license issued under Title 16 of this article to act as 14
216	216	a cigarette retailer or to act as a special cigarette retailer is not required to pay the license 15
217	217	fee. 16
218	218
219	219	(3) The application shall: 17
220	220
221	221	(i) be made on the form that the clerk requires; and 18
222	222
223	223	(ii) contain the information that the Executive Director requires. 19
224	224
225	225	16.5–203.1. 20
226	226
227	227	(A) THIS SECTION APPLIES ONLY IN PRINCE GEORGE’S COUNTY. 21
228	228
229	229	(B) TO QUALIFY FOR A COUNTY LICENSE UNDER § 16.5–203 OF THIS 22
230	230	SUBTITLE, AN APPLICANT SHALL S UBMIT TO THE CLERK A SIGNED AFFIRMATION 23
231	231	THAT: 24
232	232
233	233	(1) THE APPLICANT DOES NO T HOLD AN ALCOHOLIC BEVERAGES 25
234	234	LICENSE TO ACT AS A RETAIL DEALER ISSUED UNDER TITLE 26 OF THE ALCOHOLIC 26
235	235	BEVERAGES ARTICLE; AND 27
236	236
237	237	(2) THE ESTABLISHMENT FROM WHICH THE APPLICANT WILL SELL 28
238	238	OTHER TOBACCO PRODUC TS IS NOT LOCATED WITHIN 1 MILE OF THE 29
239	239	ESTABLISHMENT OF : 30
240	240	6 HOUSE BILL 789
241	241
242	242
243	243	(I) A LICENSED OTHER TOBACCO PRODUC TS RETAILER OR 1
244	244	TOBACCONIST ; OR 2
245	245
246	246	(II) A RETAIL DEALER , AS DEFINED IN § 1–101 OF THE 3
247	247	ALCOHOLIC BEVERAGES ARTICLE. 4
248	248
249	249	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
250	250	October 1, 2022. 6