MD
Maryland House Bill HB1165

Maryland 2023 Regular Session

Maryland House Bill HB1165 Compare Versions

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1- WES MOORE, Governor Ch. 450
2-
3-– 1 –
4-Chapter 450
5-(House Bill 1165)
6-
7-AN ACT concerning
8-
9-Alcohol and Tobacco Commission – Technical Corrections and Clarifications
10-
11-FOR the purpose of correcting certain references to the Comptroller of Maryland to be the
12-Executive Director of the Alcohol and Tobacco Commission; clarifying certain powers
13-and duties of the Executive Director of the Commission relating to alcoholic
14-beverages regulation and enforcement; and generally relating to the Alcohol and
15-Tobacco Commission.
16-
17-BY repealing and reenacting, without amendments,
18- Article – Alcoholic Beverages
19-Section 1–101(a), 1–313(b)(2)(iii), 9–102, 11–102, 12–102, 15–102, 16–102, 19–102,
20-20–102, 21–102, 23–102, 24–102, 25–102, 30–102, 31–102, 32–102, and
21-33–102
22- Annotated Code of Maryland
23- (2016 Volume and 2022 Supplement)
24-
25-BY repealing and reenacting, with amendments,
26- Article – Alcoholic Beverages
27-Section 1–101(ff), 1–313(b)(2)(ii)4., 1–314, 1–404, 1–406(c), 1–409(a), 1–410(a) and
28-(b), 2–102, 2–103, 2–106, 2–111(b) and (d), 2–113(c), 2–114(c), 2–115(b) and
29-(e), 2–116(b) and (g), 2–118(c), 2–119(c), 2–124(b) and (c), 2–125(b) through
30-(d), 2–130(b) and (g) through (i), 2–131(a), (c), (f), and (g), 2–132(b) and (c)(2),
31-2–132.1(b) and (c)(2), 2–132.2(b), (f), and (g), 2–133(b), (e)(6), (g), and (i),
32-2–135(b) and (d), 2–136(b)(1), 2–137(c) and (l), 2–138(d) and (f), 2–139(b),
33-2–140(a), (b), and (c)(3), 2–143, 2–145, 2–148(a)(2), (6), and (7), 2–149(a)(2)
34-and (4) and (b), 2–151(g) and (h), 2–152(a), 2–158(b), 2–164(e)(2), 2–201,
35-2–202(g) and (k), 2–203(g), 2–204(f) and (i), 2–205(d), 2–206(b)(3)(ii) and (9),
36-(d), (f), and (h), 2–207(e) and (i)(1), 2–208(e) and (i), 2–209(i) and (j),
37-2–210(c)(2) and (6), (i)(2), (j), and (k), 2–213, 2–219(b)(4) and (c), 2–301,
38-2–302(d), 2–303(d), 2–304(d), 2–305(d), 2–306(d), 2–307(e), 2–308(e),
39-2–308.1(e), 2–312(a), 2–401, 2–402(a), 2–404(b), 2–405(a), 2–406(a), 2–407(a)
40-and (d)(1)(vi), 2–408(b), 2–502(a), 2–506(b), 3–101, 3–107, 3–108(b)(6),
41-3–201(a), 3–202 through 3–205, 3–206(a), 3–207(b)(2), 3–301(b)(4), 3–302
42-through 3–304, 3–401, 3–402, 3–404(b), 3–405(b), 3–406, 3–407(a) and (c),
43-3–504(c) and (g), 3–601, 3–602(a) and (c), 3–603, 3–604(a)(1), 3–605(a),
44-3–606(c), 3–701(b), 3–703, 3–704(a), 3–802, 3–803(a), 3–901, 4–108, 4–109(b),
45-4–206(c), 4–505(c) and (g), 4–1104(d)(2) and (3), 4–1105(d)(2) and (3),
46-4–1202(b), 5–303(b), 6–101(c)(2), 6–103, 6–104, 6–105(b), 6–107(a) and (b),
47-6–108(b), 6–202(a), 6–203, 6–204(a), 6–205(b), 6–308(a)(3), 6–319(a)(3),
48-6–328(a)(4), 9–1403, 11–206(a), 11–207, 11–1406, 11–2102(a), 12–403(c)(2)
49-and (3), 15–1001(i), 15–1309(c)(2) and (d), 16–405(b)(4), 19–403(d), 19–404(c), Ch. 450 2023 LAWS OF MARYLAND
50-
51-– 2 –
52-20–1009(b), 21–1311(c) and (d), 23–403(b), 23–902(f), 24–1310(c) and (d),
53-25–314(a)(3) and (b), 25–405(c) and (e)(2) and (3), 30–403(b), 30–404(b),
54-31–404(c), 31–1007(h), 32–311(a), 32–312(a)(3) and (b), 32–403(b) and (c),
55-32–405(a), 32–1001(i), 33–309(a), and 33–504(b)(1) and (4) and (d)
56- Annotated Code of Maryland
57- (2016 Volume and 2022 Supplement)
58-
59-BY repealing and reenacting, with amendments,
60- Article – Business Regulation
61-Section 16–308.2, 17–101, 17–202, and 17–2104
62- Annotated Code of Maryland
63- (2015 Replacement Volume and 2022 Supplement)
64-
65-BY repealing and reenacting, with amendments,
66- Article – Commercial Law
67-Section 11–501, 11–506 through 11–508, 11–5A–01, and 11–5A–03
68- Annotated Code of Maryland
69- (2013 Replacement Volume and 2022 Supplement)
70-
71-BY repealing and reenacting, with amendments,
72- Article – Courts and Judicial Proceedings
73-Section 5–523
74- Annotated Code of Maryland
75- (2020 Replacement Volume and 2022 Supplement)
76-
77-BY repealing and reenacting, with amendments,
78- Article – Criminal Law
79-Section 10–107(b)(2) and 10–108(a)
80- Annotated Code of Maryland
81- (2021 Replacement Volume and 2022 Supplement)
82-
83-BY repealing and reenacting, with amendments,
84- Article – Health – General
85-Section 18–213(a)(5) and 24–307(b), (c), and (f)(1)
86- Annotated Code of Maryland
87- (2019 Replacement Volume and 2022 Supplement)
88-
89-BY repealing and reenacting, without amendments,
90- Article – Tax – General
91-Section 1–101(a) and 5–101(a)
92- Annotated Code of Maryland
93- (2022 Replacement Volume)
94-
95-BY adding to
96- Article – Tax – General
97-Section 1–101(g–2) WES MOORE, Governor Ch. 450
98-
99-– 3 –
100- Annotated Code of Maryland
101- (2022 Replacement Volume)
102-
103-BY repealing and reenacting, with amendments,
104- Article – Tax – General
105-Section 1–205(b), 2–102(b), 2–103, 2–105(b) and (c), 2–107(e), 2–108, 2–303,
106-5–101(n) and (o), 12–203(b), 12–204, 13–710, 13–835(a), 13–836(a)(1) and
107-(b)(1) and (2), 13–837, 13–838(b)(3), 13–839, and 13–841(a), (b), and (d)
108- Annotated Code of Maryland
109- (2022 Replacement Volume)
110-
111-BY repealing
112- Article – Tax – General
113-Section 5–101(m) and 13–1011
114- Annotated Code of Maryland
115- (2022 Replacement Volume)
116-
117- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
118-That the Laws of Maryland read as follows:
119-
120-Article – Alcoholic Beverages
121-
122-1–101.
123-
124- (a) In this article the following words have the meanings indicated.
125-
126- (ff) “Tobacco” includes cigarettes regulated under Title 16 of the Business
127-Regulation Article and other tobacco and related products regulated under Titles 16.5
128-[and], 16.7, OR 16.9 of the Business Regulation Article.
129-
130-1–313.
131-
132- (b) (2) The officers and employees of the Field Enforcement Division:
133-
134- (ii) shall have the powers, duties, and responsibilities of peace
135-officers to enforce the provisions of this article relating to:
136-
137- 4. the manufacture, sale, barter, transportation,
138-distribution, or other form of owning, handling, or dispersing alcoholic beverages or tobacco
139-by any person not licensed or authorized under this article, provisions of the Tax – General
140-Article relating to alcoholic beverages or tobacco, or provisions of the Business Regulation
141-Article relating to ALCOHOLIC BEVERAGES OR tobacco; and
142-
143- (iii) may make cooperative arrangements for and work and cooperate
144-with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other
145-prosecuting and peace officers to enforce this article. Ch. 450 2023 LAWS OF MARYLAND
146-
147-– 4 –
148-
149-1–314.
150-
151- The Executive Director may delegate authority under this article, provisions of the
152-Tax – General Article relating to alcoholic beverages and tobacco, and provisions of the
153-Business Regulation Article relating to tobacco to the Division director OR A DESIGNEE to
154-issue or refuse to issue licenses and permits.
155-
156-1–404.
157-
158- Before a license or alcoholic beverages permit may be issued to an employer to engage
159-in an activity in which the employer may employ a covered employee, as defined in § 9–101
160-of the Labor and Employment Article, the employer shall file with the [Comptroller]
161-EXECUTIVE DIRECTOR or local licensing board:
162-
163- (1) a certificate of compliance with the Maryland Workers’ Compensation
164-Act; or
165-
166- (2) the number of a workers’ compensation insurance policy or binder.
167-
168-1–406.
169-
170- (c) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations covering
171-warehouse receipt transactions.
172-
173-1–409.
174-
175- (a) A local licensing board shall:
176-
177- (1) maintain a record of:
178-
179- (i) each license that the local licensing board issues; and
180-
181- (ii) any revocation, suspension, or cancellation of a license and any
182-restriction imposed on a license with a brief explanation of the reason for the action; and
183-
184- (2) submit the record to the [Comptroller] EXECUTIVE DIRECTOR; and
185-
186- (3) allow any individual to inspect the records at the office of the local
187-licensing board during regular business hours.
188-
189-1–410.
190-
191- (a) (1) On written request of the [Comptroller] EXECUTIVE DIRECTOR, each
192-person, including a common carrier, that transports alcoholic beverages in the State in WES MOORE, Governor Ch. 450
193-
194-– 5 –
195-interstate or intrastate commerce shall report all consignments or deliveries of alcoholic
196-beverages for the period that the [Comptroller] EXECUTIVE DIRECTOR specifies.
197-
198- (2) The reports shall be under oath and on the form that the [Comptroller]
199-EXECUTIVE DIRECTOR requires.
200-
201- (b) If required by the [Comptroller] EXECUTIVE DIRECTOR, the reports shall
202-state:
203-
204- (1) the name and address of the person to whom the delivery has been
205-made;
206-
207- (2) the name and address of the original consignee, if alcoholic beverages
208-have been delivered to any person other than the originally named consignee;
209-
210- (3) the point of origin;
211-
212- (4) the point of delivery;
213-
214- (5) the date of delivery;
215-
216- (6) (i) the number and initials of each car, if the alcoholic beverages are
217-shipped by rail;
218-
219- (ii) the name of the water vessel, if the alcoholic beverages are
220-shipped by water;
221-
222- (iii) the license number of each truck, if the alcoholic beverages are
223-shipped by truck; or
224-
225- (iv) the manner in which the delivery was made, if the delivery is by
226-other means;
227-
228- (7) each kind of alcoholic beverages contained in the shipment and the
229-number of gallons of each kind; and
230-
231- (8) any other information relative to shipments that the [Comptroller]
232-EXECUTIVE DIRECTOR requires.
233-
234-2–102.
235-
236- (a) A person shall apply to the [Comptroller] EXECUTIVE DIRECTOR for a
237-permit under this subtitle on the form the [Comptroller] EXECUTIVE DIRECTOR provides.
238-
239- (b) The [Comptroller] EXECUTIVE DIRECTOR shall adopt regulations for
240-permits under this subtitle regarding: Ch. 450 2023 LAWS OF MARYLAND
241-
242-– 6 –
243-
244- (1) the procedure for issuing permits;
245-
246- (2) the purchase of alcoholic beverages; and
247-
248- (3) the exercise of the privileges granted under each type of permit.
249-
250-2–103.
251-
252- (a) On receipt of an application, the [Comptroller] EXECUTIVE DIRECTOR shall
253-order an investigation of:
254-
255- (1) the applicant;
256-
257- (2) the business to be operated; and
258-
259- (3) the statements presented in the permit application.
260-
261- (b) On completion of the investigation, the [Comptroller] EXECUTIVE
262-DIRECTOR shall deny the permit application if in the judgment of the [Comptroller]
263-EXECUTIVE DIRECTOR:
264-
265- (1) the applicant:
266-
267- (i) is not fit to receive the permit;
268-
269- (ii) made a material false statement in the application; or
270-
271- (iii) committed fraud in connection with the application; or
272-
273- (2) there are other reasons that the permit should not be issued.
274-
275- (c) If the [Comptroller] EXECUTIVE DIRECTOR does not find cause to deny the
276-permit, the [Comptroller] EXECUTIVE DIRECTOR shall approve the application and issue
277-the permit.
278-
279-2–106.
280-
281- The [Comptroller] EXECUTIVE DIRECTOR may restrict, suspend, or revoke a
282-permit issued under this subtitle.
283-
284-2–111.
285-
286- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person:
287- WES MOORE, Governor Ch. 450
288-
289-– 7 –
290- (1) whose alcoholic beverage license has expired or otherwise been
291-discontinued; and
292-
293- (2) who applies for a permit within 60 days after the last day on which the
294-license was effective.
295-
296- (d) (1) The permit:
297-
298- (i) covers only a specific transaction; and
299-
300- (ii) expires 10 days after it is issued.
301-
302- (2) If the permit holder shows an undue burden, the [Comptroller]
303-EXECUTIVE DIRECTOR may grant a reasonable extension of the permit.
304-
305-2–113.
306-
307- (c) In Anne Arundel County, a retailer is required to have written approval from
308-the Board of License Commissioners before applying to the [Comptroller] EXECUTIVE
309-DIRECTOR for the permit.
310-
311-2–114.
312-
313- (c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of
314-identification for each vehicle authorized under the permit.
315-
316- (2) The identification shall be kept in or on the vehicle at all times when
317-the vehicle transports alcoholic beverages.
318-
319-2–115.
320-
321- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
322-nonresident dealer permit holder.
323-
324- (e) (1) Each month the permit holder shall file a report of its storage and
325-shipping activities with the [Comptroller] EXECUTIVE DIRECTOR.
326-
327- (2) The report shall be filed in the manner and on the form that the
328-[Comptroller] EXECUTIVE DIRECTOR provides.
329-
330-2–116.
331-
332- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to an
333-individual who:
334-
335- (1) is at least 21 years old; Ch. 450 2023 LAWS OF MARYLAND
336-
337-– 8 –
338-
339- (2) is a resident of the State;
340-
341- (3) files with the [Comptroller] EXECUTIVE DIRECTOR an inventory of
342-all alcoholic beverages to be sold; and
343-
344- (4) certifies that all alcoholic beverages to be sold:
345-
346- (i) have been acquired legally and transported into the State in
347-accordance with this article; and
348-
349- (ii) are owned by the individual at the time of application.
350-
351- (g) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations regarding
352-any activity relating to the permit, including record–keeping and reporting requirements.
353-
354-2–118.
355-
356- (c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of
357-identification for each vehicle authorized under the permit.
358-
359- (2) The identification shall be kept in or on the vehicle at all times when
360-the vehicle transports alcoholic beverages.
361-
362-2–119.
363-
364- (c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of
365-identification for each vehicle authorized under the permit.
366-
367- (2) The identification shall be kept in or on the vehicle at all times when
368-the vehicle transports alcoholic beverages.
369-
370-2–124.
371-
372- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to:
373-
374- (1) a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;
375-
376- (2) a sales agent of a person described in item (1) of this subsection, on
377-presentation of proof of the sales agency relationship to the [Comptroller] EXECUTIVE
378-DIRECTOR;
379-
380- (3) an importer of beer, wine, or distilled spirits produced outside the
381-United States that purchases directly from the brand owner or from a sales agent of a
382-person described in item (1) of this subsection that: WES MOORE, Governor Ch. 450
383-
384-– 9 –
385-
386- (i) is authorized by the brand owner to sell in the State; and
387-
388- (ii) provides proof of the sales agency relationship to the
389-[Comptroller] EXECUTIVE DIRECTOR; or
390-
391- (4) an American sales agent of an importer described in item (3) of this
392-subsection, on presentation of proof of the sales agency relationship to the [Comptroller]
393-EXECUTIVE DIRECTOR.
394-
395- (c) The [Comptroller] EXECUTIVE DIRECTOR may not issue the permit to a
396-person that:
397-
398- (1) is a holder of a wholesaler’s license or retail license;
399-
400- (2) has an interest in a wholesaler licensed under this article; or
401-
402- (3) has an interest in any retail license holder.
403-
404-2–125.
405-
406- (b) (1) Subject to paragraph (2) of this subsection, the [Comptroller]
407-EXECUTIVE DIRECTOR may issue the permit to:
408-
409- (i) an importer of beer, wine, or distilled spirits produced outside the
410-United States that:
411-
412- 1. purchases directly from the brand owner or from a sales
413-agent of a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;
414-
415- 2. is authorized by the brand owner to sell in the State; and
416-
417- 3. provides proof of the sales agency relationship to the
418-[Comptroller] EXECUTIVE DIRECTOR; or
419-
420- (ii) an American sales agent of an importer under item (i) of this
421-paragraph, on presentation of proof of the sales agency relationship to the [Comptroller]
422-EXECUTIVE DIRECTOR.
423-
424- (2) An individual applicant, an applicant qualifying as a resident applicant
425-for a corporation, or each applicant for a partnership is not eligible for the permit unless
426-the individual is a resident of the State at the time the application is filed and remains a
427-resident for the duration of time the permit is in effect.
428-
429- (c) The [Comptroller] EXECUTIVE DIRECTOR may not issue the permit to a
430-person that: Ch. 450 2023 LAWS OF MARYLAND
431-
432-– 10 –
433-
434- (1) is a holder of a wholesaler’s license or retail license;
435-
436- (2) has an interest in a wholesaler licensed under this article; or
437-
438- (3) has an interest in any retail license holder.
439-
440- (d) The permit authorizes the holder to sell alcoholic beverages to:
441-
442- (1) a holder of a wholesaler’s license; or
443-
444- (2) a person outside the State that the [Comptroller] EXECUTIVE
445-DIRECTOR authorizes to acquire the alcoholic beverages.
446-
447-2–130.
448-
449- (b) The [Commission] EXECUTIVE DIRECTOR may issue the permit to a holder
450-of any of the following licenses who meets the requirements of this section:
451-
452- (1) Class 1 distillery license;
453-
454- (2) Class 3 winery license;
455-
456- (3) Class 4 limited winery license;
457-
458- (4) Class 5 brewery license;
459-
460- (5) Class 7 micro–brewery license;
461-
462- (6) Class 8 farm brewery license; or
463-
464- (7) Class 9 limited distillery license.
465-
466- (g) An applicant for a permit shall complete an application on a form that the
467-[Commission] EXECUTIVE DIRECTOR authorizes.
468-
469- (h) The permit holder shall notify the [Commission] EXECUTIVE DIRECTOR of
470-the permit holder’s intention to attend an event within a period of time that the
471-[Commission] EXECUTIVE DIRECTOR determines on the form that the [Commission]
472-EXECUTIVE DIRECTOR authorizes.
473-
474- (i) The [Commission] EXECUTIVE DIRECTOR may adopt regulations to require
475-the permit holder to notify the local licensing board of the jurisdiction where the event is
476-being held of the permit holder’s intention to attend the event.
477- WES MOORE, Governor Ch. 450
478-
479-– 11 –
480-2–131.
481-
482- (a) In this section, “off–site permit” includes:
483-
484- (1) a [brewing company] MANUFACTURER off–site permit; AND
485-
486- (2) [a distillery off–site permit;
487-
488- (3)] a retail off–site permit[; and
489-
490- (4) a winery off–site permit].
491-
492- (c) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
493-nonprofit organization, as defined by § 501(c) of the Internal Revenue Code, that meets the
494-requirements of this section.
495-
496- (f) (1) Not less than 30 days before the nonprofit beer, wine, and liquor
497-festival, a person shall submit an application to the [Comptroller] EXECUTIVE
498-DIRECTOR.
499-
500- (2) The application shall:
501-
502- (i) be on a form that the [Comptroller] EXECUTIVE DIRECTOR
503-provides;
504-
505- (ii) state that the primary purpose of the nonprofit beer, wine, and
506-liquor festival is to promote Maryland beer, wine, and liquor;
507-
508- (iii) provide details of the nonprofit beer, wine, and liquor festival,
509-including the location, dates, and times of operation; and
510-
511- (iv) include appropriate evidence that the applicant has been given
512-permission by the owner of the property where the nonprofit beer, wine, and liquor festival
513-is to be held.
514-
515- (g) Not less than 15 days before the nonprofit beer, wine, and liquor festival, the
516-permit holder shall provide the [Comptroller] EXECUTIVE DIRECTOR with a list of
517-off–site permit holders that will attend.
518-
519-2–132.
520-
521- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person
522-that:
523-
524- (1) is licensed outside the State to engage in the manufacture of beer;
525- Ch. 450 2023 LAWS OF MARYLAND
526-
527-– 12 –
528- (2) produces in the aggregate from all of its locations not more than 22,500
529-barrels of beer annually; and
530-
531- (3) does not hold a nonresident dealer’s permit.
532-
533- (c) (2) The permit holder shall comply with all the requirements of this article,
534-the Tax – General Article, and the regulations of the Comptroller OR EXECUTIVE
535-DIRECTOR that apply to a holder of a Class 7 limited beer wholesaler’s license.
536-
537-2–132.1.
538-
539- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person
540-that:
541-
542- (1) is licensed outside the State to engage in the manufacture of liquor;
543-
544- (2) produces in the aggregate from all of its locations not more than 100,000
545-gallons of liquor annually; and
546-
547- (3) does not hold a nonresident dealer’s permit.
548-
549- (c) (2) The permit holder shall comply with all the requirements of this article,
550-the Tax – General Article, and the regulations of the Comptroller OR EXECUTIVE
551-DIRECTOR that apply to a holder of a Class 8 limited liquor wholesaler’s license.
552-
553-2–132.2.
554-
555- (b) The [Comptroller] EXECUTIVE DIRECTOR may grant the permit to a holder
556-of a Class 1 distillery license or a Class 9 limited distillery license that meets the
557-requirements of this section.
558-
559- (f) An applicant for a permit shall complete an application on a form that the
560-[Comptroller] EXECUTIVE DIRECTOR provides.
561-
562- (g) (1) (i) The permit holder shall notify the [Comptroller] EXECUTIVE
563-DIRECTOR of the permit holder’s intention to attend an event within a time period that
564-the [Comptroller] EXECUTIVE DIRECTOR determines.
565-
566- (ii) The notice shall be on a form that the [Comptroller] EXECUTIVE
567-DIRECTOR provides.
568-
569- (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations to
570-require the permit holder to notify the local licensing board for the jurisdiction where the
571-event is being held of the permit holder’s intention to attend the event.
572- WES MOORE, Governor Ch. 450
573-
574-– 13 –
575-2–133.
576-
577- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a Class 4
578-limited winery that meets the requirements of this section.
579-
580- (e) The permit may be used only:
581-
582- (6) at a nonprofit beer, wine, and liquor festival that:
583-
584- (i) has as its primary purpose the promotion of Maryland beer, wine,
585-and liquor; and
586-
587- (ii) is authorized by the [Comptroller] EXECUTIVE DIRECTOR
588-under § 2–131 of this subtitle.
589-
590- (g) (1) (i) The permit holder shall notify the [Comptroller] EXECUTIVE
591-DIRECTOR of the permit holder’s intention to attend an off–site event within a time period
592-that the [Comptroller] EXECUTIVE DIRECTOR determines.
593-
594- (ii) The notice shall be on a form that the [Comptroller] EXECUTIVE
595-DIRECTOR provides.
596-
597- (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations to
598-require the permit holder to notify the board of license commissioners in the county where
599-the event is being held of the permit holder’s intention to attend an off–site event.
600-
601- (i) A person shall submit the application for the permit to the [Comptroller]
602-EXECUTIVE DIRECTOR on a form the [Comptroller] EXECUTIVE DIRECTOR provides.
603-
604-2–135.
605-
606- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person
607-that:
608-
609- (1) is licensed outside the State to engage in the manufacture of wine;
610-
611- (2) produces not more than 27,500 gallons of its own wine annually; and
612-
613- (3) does not hold a nonresident dealer’s permit under § 2–124 of this
614-subtitle.
615-
616- (d) The permit holder shall comply with requirements that apply to a holder of a
617-Class 6 limited wine wholesaler’s license under:
618-
619- (1) this article;
620- Ch. 450 2023 LAWS OF MARYLAND
621-
622-– 14 –
623- (2) the Tax – General Article; and
624-
625- (3) the regulations of the Comptroller OR THE EXECUTIVE DIRECTOR.
626-
627-2–136.
628-
629- (b) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
630-holder of a license issued by a local licensing board:
631-
632- (i) that allows the license holder to sell alcoholic beverages to the
633-public for off–premises consumption; and
634-
635- (ii) other than a chain store.
636-
637-2–137.
638-
639- (c) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
640-charitable organization.
641-
642- (l) (1) Wine purchased at a charity wine auction shall be delivered to the
643-purchaser:
644-
645- (i) at the event; or
646-
647- (ii) from a licensed warehouse, licensed retail dealer’s premises, or
648-other premises that the [Comptroller] EXECUTIVE DIRECTOR approves.
649-
650- (2) Wine delivered under this subsection is subject to applicable sales
651-taxes.
652-
653-2–138.
654-
655- (d) The [Comptroller] EXECUTIVE DIRECTOR may restrict the permit holder to
656-the production of family–produced beer or family–produced wine.
657-
658- (f) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations regarding
659-any activity relating to the operation of the facility, including limits on the quantities of
660-beer and wine produced and record keeping.
661-
662-2–139.
663-
664- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a bona
665-fide alcohol trade association.
666-
667-2–140. WES MOORE, Governor Ch. 450
668-
669-– 15 –
670-
671- (a) The [Commission] EXECUTIVE DIRECTOR may issue a brewery special
672-event permit to a holder of a Class 5 brewery license or a Class 8 farm brewery license.
673-
674- (b) At least 15 days before holding a special event, the license holder shall obtain
675-a permit from the [Commission] EXECUTIVE DIRECTOR by filing a notice of the special
676-event on the form that the [Commission] EXECUTIVE DIRECTOR provides.
677-
678- (c) The permit authorizes the license holder to conduct at the location listed on
679-the license a special event at which the license holder may:
680-
681- (3) in a segregated area approved by the [Commission] EXECUTIVE
682-DIRECTOR at the location listed on the license, store the products of other Maryland
683-breweries.
684-
685-2–143.
686-
687- A person shall be issued a direct wine shipper’s permit by the [Comptroller]
688-EXECUTIVE DIRECTOR before the person may engage in shipping wine directly to a
689-consumer in the State.
690-
691-2–145.
692-
693- (a) An applicant for a direct wine shipper’s permit shall:
694-
695- (1) submit to the [Comptroller] EXECUTIVE DIRECTOR a completed
696-application on a form that the [Comptroller] EXECUTIVE DIRECTOR provides;
697-
698- (2) provide to the [Comptroller] EXECUTIVE DIRECTOR a copy of the
699-applicant’s current license;
700-
701- (3) identify the wines manufactured by the applicant that the applicant
702-intends to ship into the State; and
703-
704- (4) pay a fee of $200 for initial issuance of the direct wine shipper’s permit.
705-
706- (b) The [Comptroller] EXECUTIVE DIRECTOR shall issue a direct wine shipper’s
707-permit to each applicant who meets the requirements of this part for the permit.
708-
709-2–148.
710-
711- (a) A direct wine shipper shall:
712- Ch. 450 2023 LAWS OF MARYLAND
713-
714-– 16 –
715- (2) report to the Comptroller AND THE EXECUTIVE DIRECTOR
716-information about the direct wine shipper’s wine shipments, in a manner that the
717-Comptroller [determines] AND THE EXECUTIVE DIRECTOR DETERMINE ;
718-
719- (6) allow the Comptroller AND THE EXECUTIVE DIRECTOR to perform an
720-audit of the direct wine shipper’s records on request; and
721-
722- (7) consent to the jurisdiction of the Comptroller, THE EXECUTIVE
723-DIRECTOR, or other State unit and the State courts concerning enforcement of this section
724-and any related law.
725-
726-2–149.
727-
728- (a) A direct wine shipper may renew its direct wine shipper’s permit each year if
729-the direct wine shipper:
730-
731- (2) provides to the [Comptroller] EXECUTIVE DIRECTOR a copy of its
732-current permit;
733-
734- (4) pays to the [Comptroller] EXECUTIVE DIRECTOR a renewal fee of
735-$200.
736-
737- (b) The [Comptroller] EXECUTIVE DIRECTOR may deny a renewal application
738-of a direct wine shipper who fails to:
739-
740- (1) file a tax return required under this part;
741-
742- (2) pay a fee or tax when due; or
743-
744- (3) after receiving notice, comply with this article or a regulation that the
745-Comptroller OR EXECUTIVE DIRECTOR adopts [under this article].
746-
747-2–151.
748-
749- (g) At the time of initial application for a common carrier permit and on request
750-of the [Comptroller] EXECUTIVE DIRECTOR, a common carrier shall submit to the
751-[Comptroller] EXECUTIVE DIRECTOR information concerning the training of its drivers
752-in verifying the age of recipients of direct wine shipments under this part.
753-
754- (h) At least once each year, in a manner acceptable to the [Comptroller]
755-EXECUTIVE DIRECTOR, a holder of a common carrier permit shall verify that the shipper
756-of wine into the State under this part holds a valid direct wine shipper’s permit.
757-
758-2–152.
759- WES MOORE, Governor Ch. 450
760-
761-– 17 –
762- (a) A common carrier shall report quarterly to the [Comptroller] EXECUTIVE
763-DIRECTOR:
764-
765- (1) the date of each delivery of wine in the State; and
766-
767- (2) the name and address of the direct wine shipper and the receiving
768-consumer of each delivery.
769-
770-2–158.
771-
772- (b) The permit authorizes the holder to conduct an alcohol awareness program as
773-certified by the [Comptroller] EXECUTIVE DIRECTOR under § 4–505 of this article.
774-
775-2–164.
776-
777- (e) (2) The [Comptroller] EXECUTIVE DIRECTOR shall issue the permit
778-without the payment of a fee to:
779-
780- (i) a charitable organization; or
781-
782- (ii) a holder of a fuel–alcohol permit.
783-
784-2–201.
785-
786- Each license specified in this subtitle is a manufacturer’s license that the
787-[Commission] EXECUTIVE DIRECTOR issues.
788-
789-2–202.
790-
791- (g) At least 14 days before holding a planned promotional event after 6 p.m., a
792-license holder shall file a notice of the promotional event with the [Comptroller]
793-EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR
794-provides.
795-
796- (k) The annual license fee:
797-
798- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
799-
800- (2) may not exceed $2,000.
801-
802-2–203.
803-
804- (g) The annual license fee:
805-
806- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
807- Ch. 450 2023 LAWS OF MARYLAND
808-
809-– 18 –
810- (2) may not exceed $500.
811-
812-2–204.
813-
814- (f) At least 14 days before holding a planned promotional event after 6 p.m., a
815-license holder shall file a notice of the promotional event with the [Comptroller]
816-EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR
817-provides.
818-
819- (i) The annual license fee:
820-
821- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
822-
823- (2) may not exceed $600.
824-
825-2–205.
826-
827- (d) The annual license fee:
828-
829- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
830-
831- (2) may not exceed $750.
832-
833-2–206.
834-
835- (b) (3) (ii) The Secretary shall adopt regulations governing the granting of
836-an exemption under subparagraph (i) of this paragraph, after consultation with the
837-[Governor’s Wine and Grape] Advisory Commission ON MARYLAND ALCOHOL
838-MANUFACTURING , the Maryland Grape Growers Association, the Maryland Wineries
839-Association, and other interested parties.
840-
841- (9) At least 14 days before holding a planned promotional event after 6
842-p.m., a license holder shall file a notice of the promotional event with the [Comptroller]
843-EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR
844-provides.
845-
846- (d) A license holder may:
847-
848- (1) store on its licensed premises, in a segregated area approved by the
849-[Comptroller] EXECUTIVE DIRECTOR, the product of other Class 4 limited wineries to be
850-used at Maryland Wineries Association promotional activities, provided records are
851-maintained and reports filed regarding the storage under this item as may be required by
852-the [Comptroller] EXECUTIVE DIRECTOR;
853- WES MOORE, Governor Ch. 450
854-
855-– 19 –
856- (2) distill and bottle not more than 1,900 gallons of pomace brandy made
857-from available Maryland agricultural products;
858-
859- (3) purchase bulk wine fermented by a manufacturer licensed under this
860-article and blend the wine with the license holder’s wine and pomace brandy if the
861-aggregate purchase does not exceed 25% of the license holder’s annual wine and pomace
862-brandy production;
863-
864- (4) purchase pomace brandy only for blending with wine;
865-
866- (5) import, export, and transport its wine and pomace brandy in accordance
867-with this section; and
868-
869- (6) produce wine and pomace brandy at a warehouse for which the license
870-holder has been issued an individual storage permit, if:
871-
872- (i) the license holder does not serve or sell wine or pomace brandy
873-at a warehouse to the public; and
874-
875- (ii) the [Comptroller] EXECUTIVE DIRECTOR has full access at all
876-times to the warehouse to enforce this article.
877-
878- (f) If a license holder maintains the records and files the reports that the
879-Comptroller [requires] AND THE EXECUTIVE DIRECTOR REQUIRE , the license holder
880-may:
881-
882- (1) in the State, conduct winemaking and packaging activities at another
883-federally bonded winery or limited winery; or
884-
885- (2) outside the State, conduct winemaking and packaging activities, other
886-than fermentation, at another federally bonded winery.
887-
888- (h) The annual license fee:
889-
890- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
891-
892- (2) may not exceed $200.
893-
894-2–207.
895-
896- (e) The annual licenses fee:
897-
898- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
899-
900- (2) may not exceed $1,500.
901- Ch. 450 2023 LAWS OF MARYLAND
902-
903-– 20 –
904- (i) (1) (i) The [Commission] EXECUTIVE DIRECTOR may issue a
905-refillable container permit for draft beer under § 4–1104 or Subtitle 11 of the various titles
906-in Division II of this article to a holder of a Class 5 brewery license:
907-
908- 1. on completion of an application form that the
909-[Commission] EXECUTIVE DIRECTOR provides; and
910-
911- 2. at no cost to the holder of the Class 5 brewery license.
912-
913- (ii) A refillable container permit may be renewed each year
914-concurrently with the renewal of the Class 5 brewery license.
915-
916-2–208.
917-
918- (e) Except for a license transferred to a new location, the license may be
919-transferred under Title 4, Subtitle 3 of this article if an application for transfer is filed at
920-the same time with the local licensing board and the [Comptroller] EXECUTIVE
921-DIRECTOR.
922-
923- (i) (1) On or before October 1 each year, the [Comptroller] COMMISSION
924-shall report to the Senate Education, Health, and Environmental Affairs Committee and
925-the House Economic Matters Committee, in accordance with § 2 –1257 of the State
926-Government Article, the total beer production of each Class 6 license holder in the
927-preceding fiscal year, identified by jurisdiction and license holder.
928-
929- (2) Each holder of a Class 6 license shall report to the [Comptroller]
930-EXECUTIVE DIRECTOR the information needed to prepare the annual report required
931-under this subsection.
932-
933- (3) The [Comptroller] COMMISSION shall include the information
934-reported under this subsection in the annual report submitted under § 1–316 of this article.
935-
936-2–209.
937-
938- (i) The annual license fee:
939-
940- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
941-
942- (2) may not exceed $500.
943-
944- (j) (1) On or before October 1 each year, the [Comptroller] COMMISSION
945-shall report to the Senate Education, Health, and Environmental Affairs Committee and
946-the House Economic Matters Committee, in accordance with § 2 –1257 of the State
947-Government Article, on the following, identified by jurisdiction and Class 7 license holder:
948- WES MOORE, Governor Ch. 450
949-
950-– 21 –
951- (i) the total beer production of the license holder in the preceding
952-fiscal year; and
953-
954- (ii) the total sales of the license holder for on–site consumption.
955-
956- (2) Each holder of a Class 7 license shall report to the [Comptroller]
957-EXECUTIVE DIRECTOR the information needed to prepare the annual report required
958-under this subsection.
959-
960- (3) The [Comptroller] COMMISSION shall include the information
961-reported under this subsection in the annual report submitted under § 1–306 of this article.
962-
963-2–210.
964-
965- (c) A license holder may:
966-
967- (2) store, in a segregated area approved by the [Comptroller] EXECUTIVE
968-DIRECTOR, beer produced by the license holder for sale and delivery to a wholesaler
969-licensed in the State or a person outside the State authorized to acquire the beer;
970-
971- (6) store, brew, and bottle beer in a facility listed on a permit issued to the
972-license holder in accordance with § 2–113 of this title, for sale and delivery to a wholesaler
973-licensed in the State or a person outside the State authorized to acquire the beer, or
974-shipment back to the licensed farm, if:
975-
976- (i) the license holder does not serve or sell beer at the warehouse;
977-and
978-
979- (ii) the [Comptroller] EXECUTIVE DIRECTOR has full access at all
980-times to the warehouse to enforce this article; and
981-
982- (i) (2) In a segregated area approved by the [Commission] EXECUTIVE
983-DIRECTOR at the location listed on the license, a license holder may store the products of
984-other Maryland breweries for the multibrewery activity.
985-
986- (j) The annual license fee:
987-
988- (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
989-
990- (2) may not exceed $200.
991-
992- (k) (1) On or before October 1 each year, the [Commission] EXECUTIVE
993-DIRECTOR shall report to the Senate Education, Health, and Environmental Affairs
994-Committee and the House Economic Matters Committee, in accordance with § 2–1257 of
995-the State Government Article, the total beer production of each Class 8 license holder in
996-the preceding fiscal year, identified by jurisdiction and license holder. Ch. 450 2023 LAWS OF MARYLAND
997-
998-– 22 –
999-
1000- (2) Each holder of a Class 8 license shall report to the [Commission]
1001-EXECUTIVE DIRECTOR the information needed to prepare the annual report required
1002-under this subsection.
1003-
1004- (3) The [Commission] EXECUTIVE DIRECTOR shall include the
1005-information reported under this subsection in the annual report submitted under § 1–316
1006-of this article.
1007-
1008-2–213.
1009-
1010- (a) In addition to any license fee otherwise required under this article, an
1011-applicant for initial issuance of a manufacturer’s license shall pay to the [Comptroller]
1012-EXECUTIVE DIRECTOR a nonrefundable application fee of $200.
1013-
1014- (b) In addition to any license fee otherwise required under this article, an
1015-applicant for renewal of a manufacturer’s license shall pay to the [Comptroller]
1016-EXECUTIVE DIRECTOR a renewal fee of $30.
1017-
1018-2–219.
1019-
1020- (b) A holder of a manufacturer’s license may sell and deliver a product produced
1021-under the holder’s license to an individual located in the State if:
1022-
1023- (4) the deliverer and the individual receiving the delivery each endorse a
1024-delivery form that the [Commission] EXECUTIVE DIRECTOR approves at the time of
1025-delivery certifying that:
1026-
1027- (i) the individual receiving the delivery claimed to be at least 21
1028-years old and the claim was supported by documentary evidence;
1029-
1030- (ii) the individual receiving the delivery knew that it is a criminal
1031-offense for alcoholic beverages to be given to an individual under the age of 21 years; and
1032-
1033- (iii) the deliverer examined the recipient’s identification.
1034-
1035- (c) A holder of a manufacturer’s license may directly ship alcohol to a consumer
1036-on request, if the [Commission] EXECUTIVE DIRECTOR authorizes the direct shipment
1037-after determining that:
1038-
1039- (1) the shipment can be completed safely using a common carrier in
1040-accordance with other applicable laws; and
1041-
1042- (2) all applicable sales and excise taxes are paid.
1043- WES MOORE, Governor Ch. 450
1044-
1045-– 23 –
1046-2–301.
1047-
1048- Each license specified in this title is a wholesaler’s license that the [Comptroller]
1049-EXECUTIVE DIRECTOR issues.
1050-
1051-2–302.
1052-
1053- (d) The license holder may use an additional location for the warehousing, sale,
1054-and delivery of beer, wine, and liquor:
1055-
1056- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1057-submission of a separate application for each location; and
1058-
1059- (2) on the payment of a $2,000 fee for each additional location.
1060-
1061-2–303.
1062-
1063- (d) The license holder may use an additional location for the warehousing, sale,
1064-and delivery of wine and liquor:
1065-
1066- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1067-submission of a separate application for each location; and
1068-
1069- (2) on the payment of a $1,750 fee for each additional location.
1070-
1071-2–304.
1072-
1073- (d) The license holder may use an additional location for the warehousing, sale,
1074-and delivery of beer and wine:
1075-
1076- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1077-submission of a separate application for each location; and
1078-
1079- (2) on the payment of a $1,500 fee for each additional location.
1080-
1081-2–305.
1082-
1083- (d) The license holder may use an additional location for the warehousing, sale,
1084-and delivery of beer:
1085-
1086- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1087-submission of a separate application for each location; and
1088-
1089- (2) on the payment of a $1,250 fee for each additional location.
1090-
1091-2–306. Ch. 450 2023 LAWS OF MARYLAND
1092-
1093-– 24 –
1094-
1095- (d) The license holder may use an additional location for the warehousing, sale,
1096-and delivery of wine:
1097-
1098- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1099-submission of a separate application for each location; and
1100-
1101- (2) on the payment of a $1,250 fee for each additional location.
1102-
1103-2–307.
1104-
1105- (e) The license holder may use an additional location for the warehousing, sale,
1106-and delivery of wine:
1107-
1108- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1109-submission of a separate application for each location; and
1110-
1111- (2) on the payment of a $50 fee for each additional location.
1112-
1113-2–308.
1114-
1115- (e) The license holder may use an additional location for the warehousing, sale,
1116-and delivery of beer:
1117-
1118- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1119-submission of a separate application for each location; and
1120-
1121- (2) on the payment of a $50 fee for each additional location.
1122-
1123-2–308.1.
1124-
1125- (e) The license holder may use an additional location for the warehousing, sale,
1126-and delivery of liquor:
1127-
1128- (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
1129-submission of a separate application for each location; and
1130-
1131- (2) on the payment of a $100 fee for each additional location.
1132-
1133-2–312.
1134-
1135- (a) Subject to subsection (b) of this section, a holder of a wholesaler’s license may
1136-directly import alcoholic beverages of the type indicated on the license from outside the
1137-continental limits and possessions of the United States if the brand owner provides notice
1138-to the [Comptroller] EXECUTIVE DIRECTOR of the license holder’s jurisdiction and
1139-authority to sell the alcoholic beverages. WES MOORE, Governor Ch. 450
1140-
1141-– 25 –
1142-
1143-2–401.
1144-
1145- A license or permit is not required for a transport plane furnished with a cocktail
1146-lounge or a water vessel carrying passengers or cargo to a foreign port if:
1147-
1148- (1) alcoholic beverages are purchased from a manufacturer or wholesaler;
1149-and
1150-
1151- (2) satisfactory evidence is submitted in writing to the [Comptroller]
1152-EXECUTIVE DIRECTOR that the alcoholic beverages are for sale or use beyond the
1153-continental limits and possessions of the United States.
1154-
1155-2–402.
1156-
1157- (a) There is a Class E (water vessel) beer, wine, and liquor license issued by the
1158-[Comptroller] EXECUTIVE DIRECTOR.
1159-
1160-2–404.
1161-
1162- (b) There is a Class F (railroad) beer and light wine license issued by the
1163-[Comptroller] EXECUTIVE DIRECTOR.
1164-
1165-2–405.
1166-
1167- (a) There is a Class F (railroad) beer, wine, and liquor license issued by the
1168-[Comptroller] EXECUTIVE DIRECTOR.
1169-
1170-2–406.
1171-
1172- (a) There is a Class G (aircraft) beer, wine, and liquor license issued by the
1173-[Comptroller] EXECUTIVE DIRECTOR.
1174-
1175-2–407.
1176-
1177- (a) (1) An applicant for a Class E, Class F, or Class G license shall submit to
1178-the [Comptroller] EXECUTIVE DIRECTOR an application in the form that the
1179-[Comptroller] EXECUTIVE DIRECTOR provides.
1180-
1181- (2) An application shall be made under oath.
1182-
1183- (d) (1) An application shall contain:
1184-
1185- (vi) a statement that the entity for which the license is sought:
1186-
1187- 1. consents to the issuance of the license; and Ch. 450 2023 LAWS OF MARYLAND
1188-
1189-– 26 –
1190-
1191- 2. except as provided in paragraph (2) of this subsection,
1192-authorizes the [Comptroller] EXECUTIVE DIRECTOR to inspect and search at any time,
1193-without warrant, the aircraft, railroad car, or water vessel to which the license applies;
1194-
1195-2–408.
1196-
1197- (b) (1) Before a license under subsection (a) of this section expires, the
1198-[Comptroller] EXECUTIVE DIRECTOR shall issue a replacement license containing the
1199-privileges conferred by the original license if:
1200-
1201- (i) the [Comptroller] EXECUTIVE DIRECTOR receives from an
1202-individual on behalf of the license holder an application for the replacement license within
1203-10 days after the last remaining individual dies or is declared incompetent; and
1204-
1205- (ii) except as provided in paragraph (2) of this subsection, the
1206-application is accompanied by payment of a fee of $1.
1207-
1208- (2) In Frederick County, a fee may not be charged for a new license.
1209-
1210- (3) A replacement license expires at the end of the license year.
1211-
1212-2–502.
1213-
1214- (a) The [Comptroller] EXECUTIVE DIRECTOR may issue a State caterer’s
1215-license to a person that:
1216-
1217- (1) is engaged in the business of catering;
1218-
1219- (2) meets all State and local requirements for and holds all required
1220-licenses relating to the conduct of the catering business;
1221-
1222- (3) holds any catering license that may be required under this article in the
1223-jurisdiction in which the person’s principal place of business is located;
1224-
1225- (4) (i) holds a retail license that may be annually renewed other than a
1226-Class C license; or
1227-
1228- (ii) does not hold a license but has a permanent office and storage
1229-facility for alcoholic beverages in the State; and
1230-
1231- (5) meets all other requirements of this subtitle.
1232-
1233-2–506.
1234- WES MOORE, Governor Ch. 450
1235-
1236-– 27 –
1237- (b) If a local licensing board determines that alcoholic beverages were unlawfully
1238-sold or provided at a catered event:
1239-
1240- (1) the local licensing board shall report its findings to the [Comptroller]
1241-EXECUTIVE DIRECTOR; and
1242-
1243- (2) the [Comptroller] EXECUTIVE DIRECTOR shall take the action the
1244-[Comptroller] EXECUTIVE DIRECTOR determines is appropriate.
1245-
1246-3–101.
1247-
1248- An application for a manufacturer’s license, wholesaler’s license, Class E (water
1249-vessel) license, Class F (railroad) license, Class G (airplane) license, or statewide caterer’s
1250-license shall be filed with the [Comptroller] EXECUTIVE DIRECTOR.
1251-
1252-3–107.
1253-
1254- The [Comptroller] EXECUTIVE DIRECTOR may retain from the license and permit
1255-fees that are collected an amount to pay for:
1256-
1257- (1) the cost of refunds issued in accordance with § 3–108(b) of this subtitle;
1258-and
1259-
1260- (2) the administrative expenses incurred by the [Comptroller]
1261-EXECUTIVE DIRECTOR to discharge its duties under this article.
1262-
1263-3–108.
1264-
1265- (b) A refund shall be issued to a license holder on surrender of the license if:
1266-
1267- (6) the issuance of a license by the [Comptroller] EXECUTIVE DIRECTOR
1268-is reversed on judicial review and the operation of the establishment is prohibited, with the
1269-refund issued to the license holder in an amount based on the date that the refusal to grant
1270-the renewal becomes final; or
1271-
1272-3–201.
1273-
1274- (a) The [Comptroller] EXECUTIVE DIRECTOR shall issue each license that
1275-applies statewide.
1276-
1277-3–202.
1278-
1279- (a) On receipt of an application, the [Comptroller] EXECUTIVE DIRECTOR shall
1280-order an investigation of:
1281-
1282- (1) the applicant; Ch. 450 2023 LAWS OF MARYLAND
1283-
1284-– 28 –
1285-
1286- (2) the business to be operated; and
1287-
1288- (3) the statements presented in the license application.
1289-
1290- (b) On completion of the investigation, the [Comptroller] EXECUTIVE
1291-DIRECTOR shall deny the license application:
1292-
1293- (1) if the [Comptroller] EXECUTIVE DIRECTOR determines that the
1294-applicant:
1295-
1296- (i) is not a fit person to receive the license;
1297-
1298- (ii) made a material false statement in the application; or
1299-
1300- (iii) acted fraudulently in connection with the application; or
1301-
1302- (2) for other reasons that the [Comptroller] EXECUTIVE DIRECTOR
1303-considers sufficient.
1304-
1305- (c) If the [Comptroller] EXECUTIVE DIRECTOR does not find cause to deny the
1306-license, the [Comptroller] EXECUTIVE DIRECTOR shall approve the application and issue
1307-the license.
1308-
1309- (d) (1) In addition to any license fee otherwise required under this article, an
1310-applicant for the initial issuance of a manufacturer’s or wholesaler’s license under Title 2,
1311-Subtitle 2 or 3 of this article shall pay to the [Comptroller] EXECUTIVE DIRECTOR a
1312-nonrefundable application fee of $200.
1313-
1314- (2) The application fee under this subsection does not apply to a license for
1315-which payment of an annual license fee is not otherwise required under this article.
1316-
1317-3–203.
1318-
1319- (a) A statewide license shall be on the form that the [Comptroller] EXECUTIVE
1320-DIRECTOR provides.
1321-
1322- (b) The [Comptroller] EXECUTIVE DIRECTOR shall number each statewide
1323-license.
1324-
1325-3–204.
1326-
1327- Except as otherwise provided in this article, a license issued by the [Comptroller]
1328-EXECUTIVE DIRECTOR shall be dated as of the date of issuance and shall expire on the
1329-next April 30 after its issuance. WES MOORE, Governor Ch. 450
1330-
1331-– 29 –
1332-
1333-3–205.
1334-
1335- A license issued by the [Comptroller] EXECUTIVE DIRECTOR:
1336-
1337- (1) is not property and does not confer property rights; and
1338-
1339- (2) is subject to:
1340-
1341- (i) suspension, revocation, and restrictions authorized by law; and
1342-
1343- (ii) regulations authorized under this article.
1344-
1345-3–206.
1346-
1347- (a) The [Comptroller] EXECUTIVE DIRECTOR may issue a replacement license
1348-to a license holder whose license is lost or destroyed on receiving:
1349-
1350- (1) an application under oath; and
1351-
1352- (2) payment of a $1 fee.
1353-
1354-3–207.
1355-
1356- (b) This section does not apply to:
1357-
1358- (2) the location, if the license was denied because the [Comptroller]
1359-EXECUTIVE DIRECTOR determined that the applicant was not a proper person to be
1360-issued the license.
1361-
1362-3–301.
1363-
1364- (b) A transfer under subsection (a) of this section may be made if:
1365-
1366- (4) the [Comptroller] EXECUTIVE DIRECTOR approves the new location
1367-or license holder in the same way the [Comptroller] EXECUTIVE DIRECTOR approves the
1368-issuance of a license.
1369-
1370-3–302.
1371-
1372- The [Comptroller] EXECUTIVE DIRECTOR may not allow the transfer of a license
1373-until the transferor has:
1374-
1375- (1) complied with the Bulk Transfers Act under Title 6 of the Commercial
1376-Law Article; and
1377- Ch. 450 2023 LAWS OF MARYLAND
1378-
1379-– 30 –
1380- (2) provided to the [Comptroller] EXECUTIVE DIRECTOR an affidavit
1381-that certifies compliance with the Bulk Transfers Act.
1382-
1383-3–303.
1384-
1385- (a) An applicant shall pay to the [Comptroller] EXECUTIVE DIRECTOR a fee of
1386-$20, in addition to the costs of publication and notice, when filing an application for the
1387-transfer of a license.
1388-
1389- (b) The [Comptroller] EXECUTIVE DIRECTOR shall endorse on the license the
1390-transfer of the license if the applicant has paid the fee required under subsection (a) of this
1391-section.
1392-
1393-3–304.
1394-
1395- (a) For a license issued by the [Comptroller] EXECUTIVE DIRECTOR for the use
1396-of a corporation or club, the license holder may substitute on the license the name of a
1397-different officer for the name of any officer who:
1398-
1399- (1) has died;
1400-
1401- (2) has retired; or
1402-
1403- (3) no longer holds an office in the corporation or club.
1404-
1405- (b) The license holder shall file with the [Comptroller] EXECUTIVE DIRECTOR
1406-an affidavit that contains:
1407-
1408- (1) the substitution of the officer;
1409-
1410- (2) an explanation for the substitution; and
1411-
1412- (3) in the case of a corporation, a statement that the ownership of the
1413-corporation has not changed.
1414-
1415- (c) On receipt of the affidavit and after determining that the applicant qualifies
1416-under this article, the [Comptroller] EXECUTIVE DIRECTOR shall:
1417-
1418- (1) amend its records; and
1419-
1420- (2) issue a corrected license.
1421-
1422-3–401.
1423-
1424- (a) Subject to §§ 3–405 and 3–406 of this subtitle, a holder of an expiring license
1425-is entitled to an annual license renewal: WES MOORE, Governor Ch. 450
1426-
1427-– 31 –
1428-
1429- (1) on the approval of the license renewal application by the [Comptroller]
1430-EXECUTIVE DIRECTOR;
1431-
1432- (2) on payment of the annual license fee; and
1433-
1434- (3) without filing or providing more information unless specifically
1435-requested by the [Comptroller] EXECUTIVE DIRECTOR.
1436-
1437- (b) Except as provided in §§ 3–406(a) and 3–407(c) of this subtitle, the
1438-[Comptroller] EXECUTIVE DIRECTOR shall consider an application for license renewal in
1439-the same manner as for an original application.
1440-
1441- (c) (1) In addition to any license fee otherwise required under this article, an
1442-applicant for renewal of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2
1443-or 3 of this article shall pay to the [Comptroller] EXECUTIVE DIRECTOR a renewal fee of
1444-$30.
1445-
1446- (2) The renewal fee under this subsection does not apply to a license for
1447-which payment of an annual license fee is not otherwise required under this article.
1448-
1449-3–402.
1450-
1451- To renew a license, the license holder annually shall file a written application, under
1452-oath, with the [Comptroller] EXECUTIVE DIRECTOR.
1453-
1454-3–404.
1455-
1456- (b) The [Comptroller] EXECUTIVE DIRECTOR may not require the consent
1457-statement under subsection (a)(2) of this section for a retail dealer applying for renewal if:
1458-
1459- (1) the owner signed a comparable consent statement in connection with
1460-an original or previous license renewal application;
1461-
1462- (2) the consent statement under item (1) of this subsection is in effect for
1463-the term of the owner’s lease with the applicant; and
1464-
1465- (3) the lease does not expire during the term of the license renewal.
1466-
1467-3–405.
1468-
1469- (b) (1) If a protest against renewing a license is filed at least 30 days before
1470-the license expires, the [Comptroller] EXECUTIVE DIRECTOR may not approve the
1471-renewal without holding a hearing.
1472- Ch. 450 2023 LAWS OF MARYLAND
1473-
1474-– 32 –
1475- (2) The [Comptroller] EXECUTIVE DIRECTOR shall hear and determine
1476-the protest in the same manner as the [Comptroller] EXECUTIVE DIRECTOR hears and
1477-determines an original application.
1478-
1479-3–406.
1480-
1481- (a) The [Comptroller] EXECUTIVE DIRECTOR:
1482-
1483- (1) may not renew a license if the [Comptroller] EXECUTIVE DIRECTOR
1484-determines that the license holder is not qualified to obtain a license renewal; but
1485-
1486- (2) shall issue to the license holder by way of renewal the class or type of
1487-license for which the [Comptroller] EXECUTIVE DIRECTOR determines the license holder
1488-is qualified.
1489-
1490- (b) (1) Subject to paragraph (2) of this subsection, the [Comptroller]
1491-EXECUTIVE DIRECTOR shall deny a license renewal application if during the license year
1492-the license holder was convicted of a State or federal offense that, in the judgment of the
1493-[Comptroller] EXECUTIVE DIRECTOR, renders the license holder unfit or unqualified to
1494-obtain a renewed license.
1495-
1496- (2) The [Comptroller] EXECUTIVE DIRECTOR:
1497-
1498- (i) shall hold a public hearing before renewing a license under the
1499-circumstances described in paragraph (1) of this subsection; and
1500-
1501- (ii) may inquire into all relevant facts and circumstances concerning
1502-the offense at the hearing.
1503-
1504-3–407.
1505-
1506- (a) The [Comptroller] EXECUTIVE DIRECTOR may issue renewed licenses for
1507-the following license year between April 15 and May 1, inclusive.
1508-
1509- (c) If an expiring license is subject to an order of restriction or suspension, the
1510-[Comptroller] EXECUTIVE DIRECTOR shall issue the corresponding license renewal
1511-subject to the same order.
1512-
1513-3–504.
1514-
1515- (c) The [Comptroller] EXECUTIVE DIRECTOR:
1516-
1517- (1) shall approve, certify, and issue an alcohol awareness program permit
1518-to each alcohol awareness program that complies with this section; and
1519- WES MOORE, Governor Ch. 450
1520-
1521-– 33 –
1522- (2) may require recertification of the approved alcohol awareness program
1523-to ensure compliance with changes in the program.
1524-
1525- (g) The [Comptroller] EXECUTIVE DIRECTOR may decertify the alcohol
1526-awareness program of an alcohol awareness program provider who violates subsection (c),
1527-(d), or (f) of this section.
1528-
1529-3–601.
1530-
1531- The [Comptroller] EXECUTIVE DIRECTOR may revoke or suspend a license or
1532-permit that the [Comptroller] EXECUTIVE DIRECTOR issues in accordance with this
1533-subtitle.
1534-
1535-3–602.
1536-
1537- (a) Revocation or suspension procedures may be started:
1538-
1539- (1) by the [Comptroller] EXECUTIVE DIRECTOR, at the [Comptroller’s]
1540-EXECUTIVE DIRECTOR’S initiative;
1541-
1542- (2) on the complaint of a deputy or an inspector that the [Comptroller]
1543-EXECUTIVE DIRECTOR employs to administer this article;
1544-
1545- (3) on the complaint of a peace officer;
1546-
1547- (4) if the license holder or permit holder is located in a municipality that is
1548-within a county, on the complaint of the mayor and council of the municipality; or
1549-
1550- (5) on the written complaint of at least 10 residents, real estate owners, or
1551-voters of the precinct in which the licensed premises is located.
1552-
1553- (c) The [Comptroller] EXECUTIVE DIRECTOR may immediately suspend a
1554-license or permit for a violation of record–keeping or reporting requirements under § 1–408
1555-of this article.
1556-
1557-3–603.
1558-
1559- (a) The [Comptroller] EXECUTIVE DIRECTOR may revoke or suspend a license
1560-or permit:
1561-
1562- (1) for any reason to promote the peace or safety of the community in which
1563-the premises are located; or
1564-
1565- (2) for offenses as provided in this article.
1566- Ch. 450 2023 LAWS OF MARYLAND
1567-
1568-– 34 –
1569- (b) The [Comptroller] EXECUTIVE DIRECTOR shall revoke a license or permit
1570-or, except as provided in § 3–606 of this subtitle, suspend a license or permit for:
1571-
1572- (1) conviction of the license holder or permit holder for violation of this
1573-article or a provision of the Tax – General Article that relates to the alcoholic beverage tax;
1574-
1575- (2) willful failure or refusal of the license holder or permit holder to comply
1576-with:
1577-
1578- (i) this article or provisions of the Tax – General Article that relate
1579-to the alcoholic beverage tax; or
1580-
1581- (ii) a regulation adopted under this article or under provisions of the
1582-Tax – General Article that relate to the alcoholic beverage tax;
1583-
1584- (3) making a material false statement in an application for a license or
1585-permit;
1586-
1587- (4) two or more convictions within 2 years of an agent or employee of a
1588-license holder or permit holder for on–premises violations of this article or provisions of the
1589-Tax – General Article that relate to the alcoholic beverage tax;
1590-
1591- (5) on–premises possession by a retail dealer, other than a holder of a Class
1592-E, Class F, or Class G license, of an alcoholic beverage on which the tax imposed by §
1593-5–102 of the Tax – General Article has not been paid;
1594-
1595- (6) violation of § 2–216 or § 2–315 of this article;
1596-
1597- (7) willful failure of a license holder or permit holder to:
1598-
1599- (i) keep the records required under this article or under provisions
1600-of the Tax – General Article that relate to the alcoholic beverage tax; or
1601-
1602- (ii) allow inspection of the records by an authorized person;
1603-
1604- (8) on–premises possession of an alcoholic beverage that a license holder or
1605-permit holder, other than a holder of a Class E, Class F, or Class G license, is not licensed
1606-to sell;
1607-
1608- (9) revocation or suspension of a permit issued to a license holder or permit
1609-holder by the federal Alcohol and Tobacco Tax and Trade Bureau or for conviction of
1610-violating a federal law relating to alcoholic beverages;
1611-
1612- (10) failure to furnish bond as required by this article within 15 days after
1613-notice from the Comptroller; and
1614- WES MOORE, Governor Ch. 450
1615-
1616-– 35 –
1617- (11) violation of § 3–604 of this subtitle.
1618-
1619-3–604.
1620-
1621- (a) (1) Except as provided in paragraph (2) of this subsection, the
1622-[Comptroller] EXECUTIVE DIRECTOR shall revoke a license or permit if, after a hearing
1623-under § 3–602(b) of this subtitle, an activity listed in this section is found to have occurred
1624-on the licensed premises.
1625-
1626-3–605.
1627-
1628- (a) After revoking a license or permit, the [Comptroller] EXECUTIVE
1629-DIRECTOR:
1630-
1631- (1) may not issue another license or permit to the person whose license or
1632-permit is revoked;
1633-
1634- (2) may not issue any license or permit for the same premises for 6 months
1635-after the revocation; and
1636-
1637- (3) may decide not to issue another license or permit for the same premises.
1638-
1639-3–606.
1640-
1641- (c) The [Comptroller] EXECUTIVE DIRECTOR may accept the offer of
1642-compromise if:
1643-
1644- (1) the public welfare and morals would not be impaired by allowing the
1645-license holder or permit holder to operate during the period set for the suspension; and
1646-
1647- (2) the payment of the money w ill achieve the desired disciplinary
1648-purposes.
1649-
1650-3–701.
1651-
1652- (b) Except as otherwise provided in this subtitle, a license issued by the
1653-[Comptroller] EXECUTIVE DIRECTOR expires on the 10th day after a license holder has
1654-vacated or been evicted from the licensed premises.
1655-
1656-3–703.
1657-
1658- A license issued by the [Comptroller] EXECUTIVE DIRECTOR for a premises
1659-acquired for public use shall expire 180 days after acquisition unless an application is
1660-pending or has been approved for:
1661- Ch. 450 2023 LAWS OF MARYLAND
1662-
1663-– 36 –
1664- (1) a transfer of the license to another location or another person, subject
1665-to Subtitle 3 of this title; or
1666-
1667- (2) a certificate of permission or a renewal license for continuation of
1668-business, subject to § 3–802 of this title.
1669-
1670-3–704.
1671-
1672- (a) The [Comptroller] EXECUTIVE DIRECTOR may postpone the expiration of a
1673-license that the [Comptroller] EXECUTIVE DIRECTOR issues for an additional period to
1674-avoid hardship.
1675-
1676-3–802.
1677-
1678- (a) Except as provided in § 2–408 of this article, on application to the
1679-[Comptroller] EXECUTIVE DIRECTOR and payment of a fee of $1 by the personal
1680-representative or special administrator of the estate of a deceased license holder, the
1681-[Comptroller] EXECUTIVE DIRECTOR may grant a certificate of permission for the
1682-continuation of the business in the name of the personal representative or special
1683-administrator for the benefit of the estate of the deceased license holder.
1684-
1685- (b) (1) The certificate of permission may be granted for a period not exceeding
1686-18 months after the date of the granted permission unless the license expires earlier.
1687-
1688- (2) If the license expires earlier than 18 months after the date of the
1689-granted permission, the [Comptroller] EXECUTIVE DIRECTOR may issue a renewal
1690-license on application by the personal representative or special administrator for a period
1691-not exceeding 18 months after the death of the license holder.
1692-
1693-3–803.
1694-
1695- (a) The personal representative or special administrator to whom a certificate of
1696-permission has been granted may apply to the [Comptroller] EXECUTIVE DIRECTOR for
1697-the transfer of the license for the benefit of the estate of the license holder.
1698-
1699-3–901.
1700-
1701- A person aggrieved by a final decision of the [Comptroller] EXECUTIVE DIRECTOR
1702-in a contested case under this title may seek judicial review in accordance with the
1703-Administrative Procedure Act.
1704-
1705-4–108.
1706-
1707- An applicant shall file a sworn application for a license with the applicable local
1708-licensing board on the form that the [Comptroller] EXECUTIVE DIRECTOR requires. WES MOORE, Governor Ch. 450
1709-
1710-– 37 –
1711-
1712-4–109.
1713-
1714- (b) The application shall also include a statement executed and acknowledged by
1715-the owner of the location where the business is to be conducted that:
1716-
1717- (1) agrees to the issuance of the license; and
1718-
1719- (2) authorizes a warrantless inspection and search of the premises at any
1720-time in any part of the building in which the business is to be conducted by:
1721-
1722- (i) the Comptroller;
1723-
1724- (ii) the [Commission] EXECUTIVE DIRECTOR;
1725-
1726- (iii) the local licensing board and its authorized agents and
1727-employees; or
1728-
1729- (iv) a peace officer of the county or municipality where the business
1730-is to be located.
1731-
1732-4–206.
1733-
1734- (c) (1) A local licensing board may issue a license for use in premises in which
1735-more than 10,000 square feet of floor space is devoted to the sale of alcoholic beverages for
1736-off–premises consumption, if the local licensing board:
1737-
1738- (i) holds a public hearing;
1739-
1740- (ii) determines that the issuance of the license:
1741-
1742- 1. would serve the public need; and
1743-
1744- 2. would not adversely impact existing retail license holders
1745-in the immediate vicinity of the premises, including those license holders that may be in a
1746-contiguous county or city; and
1747-
1748- (iii) obtains from the [Comptroller] EXECUTIVE DIRECTOR a
1749-written report in which the [Comptroller] EXECUTIVE DIRECTOR determines that the
1750-issuance of the license:
1751-
1752- 1. would not adversely affect the orderly distribution of
1753-alcoholic beverages in the State; and
1754-
1755- 2. would comply with all applicable provisions of this article
1756-relating to the issuance of multiple licenses. Ch. 450 2023 LAWS OF MARYLAND
1757-
1758-– 38 –
1759-
1760- (2) If the [Comptroller] EXECUTIVE DIRECTOR determines that an
1761-application submitted under this subsection does not meet the criteria provided under
1762-paragraph (1)(iii) of this subsection, the local licensing board may not issue the license.
1763-
1764-4–505.
1765-
1766- (c) The [Comptroller] EXECUTIVE DIRECTOR:
1767-
1768- (1) shall approve, certify, and issue an alcohol awareness program permit
1769-to each alcohol awareness program that complies with this section; and
1770-
1771- (2) may require recertification of the approved alcohol awareness program
1772-to ensure compliance with changes in the program.
1773-
1774- (g) The [Comptroller] EXECUTIVE DIRECTOR may decertify the alcohol
1775-awareness program of an alcohol awareness program provider who violates subsection (c),
1776-(d), or (f) of this section.
1777-
1778-4–1104.
1779-
1780- (d) (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt standards
1781-regarding containers that qualify for use as refillable containers for beer, including
1782-containers originating from outside the State.
1783-
1784- (3) The holder of a refillable container permit may refill a refillable
1785-container originating from inside or outside the State that meets the standards adopted by
1786-the [Comptroller] EXECUTIVE DIRECTOR under paragraph (2) of this subsection.
1787-
1788-4–1105.
1789-
1790- (d) (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt standards
1791-regarding containers that qualify for use as refillable containers for wine, including
1792-containers originating from outside the State.
1793-
1794- (3) The holder of a refillable container permit may refill a refillable
1795-container originating from inside or outside the State that meets the standards adopted by
1796-the [Comptroller] EXECUTIVE DIRECTOR under paragraph (2) of this subsection.
1797-
1798-4–1202.
1799-
1800- (b) An application for a per diem license shall be:
1801-
1802- (1) on the form that the [Comptroller] EXECUTIVE DIRECTOR requires;
1803-and WES MOORE, Governor Ch. 450
1804-
1805-– 39 –
1806-
1807- (2) signed and sworn to by the applicant.
1808-
1809-5–303.
1810-
1811- (b) A keg license holder may not sell or otherwise transfer, or offer to sell or
1812-otherwise transfer, the contents of a keg for off–premises consumption unless:
1813-
1814- (1) the keg license holder provides to the purchaser a keg registration form
1815-approved and distributed by the [Comptroller] EXECUTIVE DIRECTOR that is designed
1816-to be affixed to the keg and that indicates the name and address of the licensed
1817-establishment and a registration number;
1818-
1819- (2) except as provided in § 26–103 of this article, the purchaser provides
1820-identification and completes and signs a registration form with the following information:
1821-
1822- (i) the purchaser’s name and address as shown on the identification
1823-produced; and
1824-
1825- (ii) the date of purchase; and
1826-
1827- (3) the keg license holder affixes the completed registration form to the keg
1828-and retains a copy of the form for 30 days on the licensed premises.
1829-
1830-6–101.
1831-
1832- (c) (2) (i) A vehicle, a vessel, or an aircraft that is seized as contraband is
1833-forfeited unless a protest is filed within 30 days after the publication under subparagraph
1834-(ii) of this paragraph.
1835-
1836- (ii) The Comptroller or the [Commission] EXECUTIVE DIRECTOR,
1837-as appropriate:
1838-
1839- 1. if possible, shall notify the registered owner of the
1840-property of the seizure; and
1841-
1842- 2. shall publish a notice:
1843-
1844- A. in a newspaper of general circulation in the county where
1845-the vehicle, vessel, or aircraft was seized; and
1846-
1847- B. informing interested persons of the seizure and the right
1848-to file a protest.
1849-
1850-6–103.
1851- Ch. 450 2023 LAWS OF MARYLAND
1852-
1853-– 40 –
1854- A vehicle, a vessel, or an aircraft used with the express or implied knowledge or
1855-consent of its owner to violate a provision of this article relating to the unlawful
1856-manufacture of alcoholic beverages or to transport, store, or hide unlawful alcoholic
1857-beverages:
1858-
1859- (1) is contraband; and
1860-
1861- (2) may be seized by:
1862-
1863- (i) the Comptroller or the Comptroller’s authorized enforcement
1864-officers; or
1865-
1866- (ii) the [Commission] EXECUTIVE DIRECTOR or the
1867-[Commission’s] EXECUTIVE DIRECTOR’S authorized enforcement officers; and
1868-
1869- (3) may be forfeited in accordance with this subtitle.
1870-
1871-6–104.
1872-
1873- A lienholder, or other person showing a legal right, title, or interest in seized
1874-property not destroyed in accordance with this subtitle, may file a protest with the
1875-Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE :
1876-
1877- (1) within 30 days after seizure of the property; or
1878-
1879- (2) if the seized property is a vehicle, a vessel, or an aircraft, within 30 days
1880-after the publication of notice required under § 6–101(c) of this subtitle.
1881-
1882-6–105.
1883-
1884- (b) (1) If the court determines that the property is subject to forfeiture, the
1885-court shall determine whether any lienholder filing a timely protest had knowledge of the
1886-intended unlawful use.
1887-
1888- (2) If the court determines that a lienholder had knowledge, the
1889-lienholder’s right, title, and interest to the property is forfeited.
1890-
1891- (3) If the court does not determine that a lienholder had knowledge, but
1892-the property is otherwise subject to forfeiture:
1893-
1894- (i) the property shall be forfeited; and
1895-
1896- (ii) the Comptroller or the Executive Director [of the Commission],
1897-as the Comptroller or Executive Director, as appropriate, considers in the best interest of
1898-the State, may:
1899- WES MOORE, Governor Ch. 450
1900-
1901-– 41 –
1902- 1. pay the outstanding indebtedness secured by the lien and
1903-keep the property; or
1904-
1905- 2. deliver the property to the lienholder.
1906-
1907-6–107.
1908-
1909- (a) Except as provided in subsection (c) of this section, forfeited property shall be
1910-retained for official use, sold, or otherwise disposed of by:
1911-
1912- (1) the Comptroller or the Executive Director [of the Commission], as
1913-appropriate, if the property was seized by State officers; or
1914-
1915- (2) if the property was not seized by State officers:
1916-
1917- (i) the Mayor and City Council of Baltimore City; or
1918-
1919- (ii) the board of county commissioners or the county council of the
1920-county in which the property was seized.
1921-
1922- (b) The Comptroller, the Executive Director [of the Commission], the Mayor and
1923-City Council of Baltimore City, or the board of county commissioners or county council in
1924-the county where the property was seized shall retain or dispose of the property in the way
1925-it considers to be in the best public interest.
1926-
1927-6–108.
1928-
1929- (b) The officer shall report the seizure and destruction conducted under this
1930-section to the [Field Enforcement Division of the Commission] EXECUTIVE DIRECTOR.
1931-
1932-6–202.
1933-
1934- (a) A building, vehicle, or premises where alcoholic beverages are authorized to
1935-be kept, transported, manufactured, or sold under a license or permit may be inspected and
1936-searched, without a warrant, by:
1937-
1938- (1) the Comptroller or an authorized deputy, inspector, or clerk of the
1939-Comptroller;
1940-
1941- (2) the Executive Director [of the Commission] or an authorized deputy,
1942-inspector, [or] clerk [of the Commission], OR OTHER DESIGNEE OF THE EXECUTIVE
1943-DIRECTOR;
1944-
1945- (3) the local licensing board of the county or city where the place of business
1946-is located or an authorized agent or employee of the local licensing board; and
1947- Ch. 450 2023 LAWS OF MARYLAND
1948-
1949-– 42 –
1950- (4) a peace officer of the county or city where the place of business is
1951-located.
1952-
1953-6–203.
1954-
1955- To prevent and detect fraud by manufacturers, wholesalers, and retail dealers, the
1956-[Commission] EXECUTIVE DIRECTOR, the local licensing board, and an authorized
1957-deputy or inspector of the [Commission] EXECUTIVE DIRECTOR or the local licensing
1958-board:
1959-
1960- (1) may use hydrometers, saccharometers, weighing and gauging
1961-instruments, or other means, records, or devices to ascertain the quantity or quality of
1962-alcohol in an alcoholic beverage as they consider necessary; and
1963-
1964- (2) may adopt rules and regulations to establish a uniform system of
1965-inspection, marking, and gauging of alcoholic beverages.
1966-
1967-6–204.
1968-
1969- (a) For a hearing or inquiry that the [Commission] EXECUTIVE DIRECTOR or a
1970-local licensing board may hold or make, the [Commission] EXECUTIVE DIRECTOR or a
1971-local licensing board may issue summonses for witnesses and administer oaths or
1972-affirmations to the witnesses.
1973-
1974-6–205.
1975-
1976- (b) The powers and duties conferred on the Comptroller, the Commission, THE
1977-EXECUTIVE DIRECTOR, or any other State official by this article do not relieve local
1978-officials from the duty of enforcement or prosecution.
1979-
1980-6–308.
1981-
1982- (a) This section does not apply to a Class 4 limited winery that brings wine or
1983-pomace brandy manufactured on its licensed premises onto a retail licensed premises if:
1984-
1985- (3) the limited winery or winery trade association complies with any
1986-regulations that the [Commission] EXECUTIVE DIRECTOR adopts relating to
1987-on–premises promotions and product sampling;
1988-
1989-6–319.
1990-
1991- (a) This section does not apply to a Class 4 limited winery that brings wine or
1992-pomace brandy manufactured on its licensed premises onto a retail licensed premises if:
1993- WES MOORE, Governor Ch. 450
1994-
1995-– 43 –
1996- (3) the limited winery or winery trade association complies with any
1997-regulations that the [Comptroller] EXECUTIVE DIRECTOR adopts relating to on–premises
1998-promotions and product sampling;
1999-
2000-6–328.
2001-
2002- (a) A person may not:
2003-
2004- (4) violate a regulation that the Comptroller or the [Commission]
2005-EXECUTIVE DIRECTOR adopts under this article or the Tax – General Article.
2006-
2007-9–102.
2008-
2009- This title applies only in Allegany County.
2010-
2011-9–1403.
2012-
2013- An application shall include:
2014-
2015- (1) a statement that the applicant is at least 21 years old;
2016-
2017- (2) a statement that the applicant, for the issuance or renewal of a license,
2018-will produce on request all records that an applicant under this article is required to keep:
2019-
2020- (i) to the Comptroller, a deputy Comptroller, the county sheriff, THE
2021-EXECUTIVE DIRECTOR, or the police of a municipality in the county; or
2022-
2023- (ii) in a proceeding before the Board or the circuit court for the
2024-county relating to the license or business;
2025-
2026- (3) the names of two persons or the name of a bonding company authorized
2027-under this article who will act as a surety on the bond required by the county;
2028-
2029- (4) a statement of all persons interested in the license, including the name
2030-of a business entity on whose behalf the license application is made; and
2031-
2032- (5) certificates of receipt from the County Tax and Utility Office and the
2033-State Department of Assessments and Taxation, showing that, for the calendar year
2034-immediately before the year for which the license is to be issued, there are no unpaid taxes
2035-on the merchandise, fixtures, or inventory for the business due to the State, county, or
2036-municipality in which the licensed activity is to be carried on.
2037-
2038-11–102.
2039-
2040- This title applies only in Anne Arundel County.
2041- Ch. 450 2023 LAWS OF MARYLAND
2042-
2043-– 44 –
2044-11–206.
2045-
2046- (a) (1) The Board may employ:
2047-
2048- (i) one part–time deputy chief inspector at an annual salary of
2049-$9,000; and
2050-
2051- (ii) 18 part–time inspectors at an annual salary of $7,000 each.
2052-
2053- (2) Each inspector shall receive a monthly expense allowance of $300,
2054-subject to the approval of the [Comptroller] EXECUTIVE DIRECTOR.
2055-
2056-11–207.
2057-
2058- From the fees received, the [Comptroller] EXECUTIVE DIRECTOR shall:
2059-
2060- (1) approve and remit to the county the amounts necessary to pay the
2061-salaries and benefits of the Board and its employees;
2062-
2063- (2) approve and remit to the county the amount necessary to pay the
2064-expenses of the Board; and
2065-
2066- (3) at the end of each fiscal year, remit the balance of the fees received to
2067-the county for the general purposes of the county.
2068-
2069-11–1406.
2070-
2071- The Board shall:
2072-
2073- (1) collect all license fees required under this article;
2074-
2075- (2) issue all licenses in the county; and
2076-
2077- (3) remit all fees collected to the [Comptroller] EXECUTIVE DIRECTOR.
2078-
2079-11–2102.
2080-
2081- (a) (1) In addition to the revocation and suspension procedures provided under
2082-§ 4–603 of this article, the Board may immediately suspend a license if it is alleged by a
2083-person specified under paragraph (2) of this subsection that the license holder has sold or
2084-provided alcoholic beverages to an individual under the age of 21 years with such frequency
2085-and during such a limited time so as to demonstrate a willful failure to comply with §
2086-6–304 of this article.
2087-
2088- (2) An allegation under paragraph (1) of this subsection may be made by:
2089- WES MOORE, Governor Ch. 450
2090-
2091-– 45 –
2092- (i) the Comptroller or an agent or employee of the Comptroller;
2093-
2094- (ii) THE EXECUTIVE DIRECTOR OR AN AGENT OR EMPLOYEE OF
2095-THE EXECUTIVE DIRECTOR;
2096-
2097- (III) the Board or an agent or employee of the Board; or
2098-
2099- [(iii)] (IV) a peace officer.
2100-
2101-12–102.
2102-
2103- This title applies only in Baltimore City.
2104-
2105-12–403.
2106-
2107- (c) (2) The holder of a Class 7 micro–brewery license may brew in two locations
2108-using the same Class 7 micro–brewery license if the license holder:
2109-
2110- (i) requests permission by submitting a written application to the
2111-[Comptroller] EXECUTIVE DIRECTOR; and
2112-
2113- (ii) obtains written approval from the [Comptroller] EXECUTIVE
2114-DIRECTOR.
2115-
2116- (3) Before authorizing a holder of a Class 7 micro–brewery license to brew
2117-in two locations using the same Class 7 micro–brewery license, the [Comptroller]
2118-EXECUTIVE DIRECTOR shall:
2119-
2120- (i) make a determination that a second location to brew additional
2121-capacity is necessary due to insufficient space at the existing Class 7 license location; and
2122-
2123- (ii) consider any other factor relevant to approval of the application.
2124-
2125-15–102.
2126-
2127- This title applies only in Caroline County.
2128-
2129-15–1001.
2130-
2131- (i) The license holder shall:
2132-
2133- (1) maintain records of all catered events, on–premises and off–premises,
2134-where alcoholic beverages are served; and
2135- Ch. 450 2023 LAWS OF MARYLAND
2136-
2137-– 46 –
2138- (2) make the records required under paragraph (1) of this subsection
2139-available on request to the Board [or to], the Comptroller, OR THE EXECUTIVE
2140-DIRECTOR.
2141-
2142-15–1309.
2143-
2144- (c) (2) The records shall be:
2145-
2146- (i) maintained on the licensed premises for 2 years; and
2147-
2148- (ii) available for inspection by authorized personnel of the
2149-Comptroller, THE EXECUTIVE DIRECTOR, and the Board.
2150-
2151- (d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and
2152-the Board may inspect the premises of a license holder as provided under § 6–202 of this
2153-article.
2154-
2155-16–102.
2156-
2157- This title applies only in Carroll County.
2158-
2159-16–405.
2160-
2161- (b) (4) Notwithstanding paragraph (3) of this subsection, if a micro–brewery
2162-was established at its licensed premises before a protected building was established within
2163-300 feet of the micro–brewery, the [Comptroller] EXECUTIVE DIRECTOR may renew the
2164-license of the micro–brewery.
2165-
2166-19–102.
2167-
2168- This title applies only in Dorchester County.
2169-
2170-19–403.
2171-
2172- (d) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue to a single
2173-applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not
2174-both, for a location in an enterprise zone in the county, if the applicant holds no more than
2175-three Class B beer, wine, and liquor licenses.
2176-
2177- (2) This subsection does not limit the number of Class 6 pub–brewery
2178-licenses that the [Comptroller] EXECUTIVE DIRECTOR may issue in the county.
2179-
2180-19–404.
2181- WES MOORE, Governor Ch. 450
2182-
2183-– 47 –
2184- (c) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue to a single
2185-applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not
2186-both, for a location in an enterprise zone in the county, if the applicant holds no more than
2187-three Class B beer, wine, and liquor licenses.
2188-
2189- (2) This subsection does not limit the number of Class 7 micro–brewery
2190-licenses that the [Comptroller] EXECUTIVE DIRECTOR may issue in the county.
2191-
2192-20–102.
2193-
2194- This title applies only in Frederick County.
2195-
2196-20–1009.
2197-
2198- (b) The Board may issue the license to a person for use in conjunction with:
2199-
2200- (1) a Class 7 micro–brewery license that the person then obtains from the
2201-[Comptroller] EXECUTIVE DIRECTOR; or
2202-
2203- (2) a Class B beer, wine, and liquor license that the person has been issued
2204-by the Board.
2205-
2206-21–102.
2207-
2208- This title applies only in Garrett County.
2209-
2210-21–1311.
2211-
2212- (c) (1) A license holder shall keep complete and accurate records of all
2213-alcoholic beverages purchased and sold on the licensed premises.
2214-
2215- (2) The records shall be:
2216-
2217- (i) maintained on the licensed premises for 2 years; and
2218-
2219- (ii) available for inspection by authorized personnel of the
2220-Comptroller, THE EXECUTIVE DIRECTOR, and the Board.
2221-
2222- (3) The records shall include a completed pre– and post–inventory of all
2223-alcoholic beverages for each individual event.
2224-
2225- (d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and
2226-the Board may inspect the premises of a license holder as provided under § 6–202 of this
2227-article.
2228-
2229-23–102. Ch. 450 2023 LAWS OF MARYLAND
2230-
2231-– 48 –
2232-
2233- This title applies only in Howard County.
2234-
2235-23–403.
2236-
2237- (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the Class 7
2238-micro–brewery license not more than 36 months before the restaurant is complete and the
2239-Class B beer, wine, and liquor (on–sale) license is issued.
2240-
2241-23–902.
2242-
2243- (f) The [Comptroller] EXECUTIVE DIRECTOR may issue one Class 8 farm
2244-brewery license and one Class 7 micro–brewery license to a license holder that holds not
2245-more than five Class B and six Class BLX beer, wine, and liquor licenses.
2246-
2247-24–102.
2248-
2249- This title applies only in Kent County.
2250-
2251-24–1310.
2252-
2253- (c) (1) A license holder shall keep complete and accurate records of all
2254-alcoholic beverages purchased and sold on the licensed premises.
2255-
2256- (2) The records shall be:
2257-
2258- (i) maintained on the licensed premises for 2 years; and
2259-
2260- (ii) available for inspection by authorized personnel of th e
2261-Comptroller, THE EXECUTIVE DIRECTOR, and the Board.
2262-
2263- (3) The records shall include a completed pre– and post–inventory of all
2264-alcoholic beverages for each individual event.
2265-
2266- (d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and
2267-the Board may inspect the premises of a license holder as provided under § 6–202 of this
2268-article.
2269-
2270-25–102.
2271-
2272- This title applies only in Montgomery County.
2273-
2274-25–314.
2275- WES MOORE, Governor Ch. 450
2276-
2277-– 49 –
2278- (a) A supplier may enter into an agreement with a wholesaler or an authorized
2279-representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt
2280-beverage products on retail licensed premises:
2281-
2282- (3) under a plan that the [Comptroller] EXECUTIVE DIRECTOR approves.
2283-
2284- (b) (1) If a wholesaler refuses to replace stale or out–of–date malt beverage
2285-products on retail licensed premises under the plan described in subsection (a)(3) of this
2286-section, the supplier may unilaterally submit a replacement plan to the [Comptroller]
2287-EXECUTIVE DIRECTOR for approval.
2288-
2289- (2) The replacement plan that the supplier unilaterally submits to the
2290-[Comptroller] EXECUTIVE DIRECTOR may include the designation of an authorized
2291-representative or wholesaler outside the territory of the wholesaler who refuses to
2292-participate in the plan.
2293-
2294-25–405.
2295-
2296- (c) The [Commission] EXECUTIVE DIRECTOR may not issue more than an
2297-aggregate amount of two Class 7 micro–brewery licenses to holders of Class D beer and
2298-wine licenses in the Town of Kensington.
2299-
2300- (e) (2) The holder of a Class 7 micro–brewery license may brew in two locations
2301-using the same Class 7 micro–brewery license if the license holder:
2302-
2303- (i) requests permission by submitting a written application to the
2304-[Commission] EXECUTIVE DIRECTOR; and
2305-
2306- (ii) obtains written approval from the [Commission] EXECUTIVE
2307-DIRECTOR.
2308-
2309- (3) Before authorizing a holder of a Class 7 micro–brewery license to brew
2310-in two locations using the same Class 7 micro–brewery license, the [Commission]
2311-EXECUTIVE DIRECTOR shall:
2312-
2313- (i) make a determination that a second location to brew additional
2314-capacity is necessary due to insufficient space at the existing Class 7 license location; and
2315-
2316- (ii) consider any other factor relevant to approval of the application.
2317-
2318-30–102.
2319-
2320- This title applies only in Talbot County.
2321-
2322-30–403.
2323- Ch. 450 2023 LAWS OF MARYLAND
2324-
2325-– 50 –
2326- (b) The [Comptroller] EXECUTIVE DIRECTOR shall specify which local license
2327-is the equivalent of the Class B beer, wine, and liquor license specified in § 2–208(b) of this
2328-article.
2329-
2330-30–404.
2331-
2332- (b) The [Comptroller] EXECUTIVE DIRECTOR shall specify which local license
2333-is the equivalent of the Class B beer, wine, and liquor license specified in § 2–209(b) of this
2334-article.
2335-
2336-31–102.
2337-
2338- This title applies only in Washington County.
2339-
2340-31–404.
2341-
2342- (c) The [Comptroller] EXECUTIVE DIRECTOR may not issue a license for
2343-premises on property that has been leased unless the landlord of the property presents to
2344-the [Comptroller] EXECUTIVE DIRECTOR a receipt or certificate showing that there are
2345-no unpaid taxes due to the State, a county, or any local government from the landlord or
2346-any entity in which the landlord has a direct or indirect interest that:
2347-
2348- (1) is proprietary; or
2349-
2350- (2) has been obtained by a loan, mortgage, or lien, or in any other manner.
2351-
2352-31–1007.
2353-
2354- (h) A license holder shall allow the [Commission] EXECUTIVE DIRECTOR or the
2355-[Commission’s] EXECUTIVE DIRECTOR’S designee, the Board or the Board’s designee, or
2356-a peace officer of the county, to inspect and search the licensed premises at any time.
2357-
2358-32–102.
2359-
2360- This title applies only in Wicomico County.
2361-
2362-32–311.
2363-
2364- (a) (1) The Liquor Control Board shall:
2365-
2366- (i) keep accurate records of:
2367-
2368- 1. all purchases of alcoholic beverages; and
2369-
2370- 2. a complete statement of the business conducted by the
2371-Liquor Control Board and the operational achievements of the dispensary system; and WES MOORE, Governor Ch. 450
2372-
2373-– 51 –
2374-
2375- (ii) submit annual and monthly reports to the County Council.
2376-
2377- (2) The records shall be open to inspection by the Comptroller OR THE
2378-EXECUTIVE DIRECTOR during regular business hours.
2379-
2380-32–312.
2381-
2382- (a) A supplier may enter into an agreement with a wholesaler or authorized
2383-representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt
2384-beverage products on retail licensed premises:
2385-
2386- (3) under a plan that the [Comptroller] EXECUTIVE DIRECTOR approves.
2387-
2388- (b) (1) If a wholesaler refuses to replace stale or out–of–date malt beverage
2389-products on retail licensed premises under the plan described in subsection (a)(3) of this
2390-section, the supplier may unilaterally submit a replacement plan to the [Comptroller]
2391-EXECUTIVE DIRECTOR for approval.
2392-
2393- (2) The replacement plan that the supplier unilaterally submits to the
2394-[Comptroller] EXECUTIVE DIRECTOR may include the designation of an authorized
2395-representative or wholesaler outside the territory of the wholesaler who refuses to
2396-participate in the plan.
2397-
2398-32–403.
2399-
2400- (b) Before the [Comptroller] EXECUTIVE DIRECTOR may issue a Class 6
2401-pub–brewery license in the county, the [Comptroller] EXECUTIVE DIRECTOR shall
2402-forward a copy of the application to the Board.
2403-
2404- (c) The Board shall:
2405-
2406- (1) review the application;
2407-
2408- (2) hold a public hearing on the application; and
2409-
2410- (3) recommend to the [Comptroller] EXECUTIVE DIRECTOR whether or
2411-not to issue the license.
2412-
2413-32–405.
2414-
2415- (a) The [Comptroller] EXECUTIVE DIRECTOR may issue one Class 6
2416-pub–brewery license or one Class 7 micro–brewery license, but not both, for a location in
2417-an enterprise zone, to a person that holds not more than five Class B beer, wine, and liquor
2418-licenses.
2419- Ch. 450 2023 LAWS OF MARYLAND
2420-
2421-– 52 –
2422-32–1001.
2423-
2424- (i) The license holder shall:
2425-
2426- (1) maintain records of all catered events where alcoholic beverages are
2427-served; and
2428-
2429- (2) make the records required under item (1) of this subsection available
2430-on request to the Board, THE EXECUTIVE DIRECTOR, or [to] the Comptroller.
2431-
2432-33–102.
2433-
2434- This title applies only in Worcester County.
2435-
2436-33–309.
2437-
2438- (a) (1) The Department shall keep accurate records of:
2439-
2440- (i) all purchases of alcoholic beverages; and
2441-
2442- (ii) a complete statement of the business conducted by the
2443-Department and the operational achievements of the dispensary system.
2444-
2445- (2) The records shall be open to inspection by the Comptroller OR THE
2446-EXECUTIVE DIRECTOR during regular business hours.
2447-
2448-33–504.
2449-
2450- (b) (1) (i) A wholesaler may not intentionally deliver beer to a retail dealer
2451-to whom any wholesaler has extended credit under this section if the retail dealer:
2452-
2453- 1. fails to pay the balance owed or makes a payment on the
2454-debt by bad check; and
2455-
2456- 2. is currently listed on the county beer credit control list in
2457-accordance with regulations that the [Comptroller] EXECUTIVE DIRECTOR issues.
2458-
2459- (ii) A wholesaler who violates this paragraph is subject to a fine not
2460-exceeding $1,000 for each delivery.
2461-
2462- (4) (i) A retail dealer may request a hearing with the [Comptroller]
2463-EXECUTIVE DIRECTOR within 10 days after being listed on the county beer credit control
2464-list for failure to comply with this section.
2465- WES MOORE, Governor Ch. 450
2466-
2467-– 53 –
2468- (ii) The [Comptroller] EXECUTIVE DIRECTOR shall remove
2469-immediately from the county beer credit control list a retail dealer who requests a hearing,
2470-pending the disposition of the hearing.
2471-
2472- (d) The [Comptroller] EXECUTIVE DIRECTOR shall enforce subsections (a) and
2473-(b) of this section and shall adopt regulations to carry out those subsections.
2474-
2475-Article – Business Regulation
2476-
2477-16–308.2.
2478-
2479- (a) In this section, “unpackaged cigarette” means any cigarette not contained in
2480-a sealed package of 20 or more cigarettes that are designed and intended to be sold as a
2481-unit.
2482-
2483- (b) This section applies only in Baltimore City.
2484-
2485- (c) A person who holds a county license may not sell an unpackaged cigarette.
2486-
2487- (d) (1) An enforcement officer of the Tobacco Use Prevention and Cessation
2488-Program in the Baltimore City Health Department may enforce this section by entering
2489-and inspecting, at a reasonable time, the premises of a county license holder.
2490-
2491- (2) An enforcement officer shall report a violation of this section to a State’s
2492-Attorney.
2493-
2494- (e) Issuance of a citation by the Comptroller OR THE EXECUTIVE DIRECTOR for
2495-a violation of § 16–215 of this title precludes a prosecution for a violation under this section
2496-arising out of the same incident.
2497-
2498-17–101.
2499-
2500- (a) In this title the following words have the meanings indicated.
2501-
2502- (b) “Goods” means tangible personal property, items of trade, merchandise, or
2503-other types of products sold at wholesale or retail.
2504-
2505- (c) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF THE
2506-ALCOHOL AND TOBACCO COMMISSION.
2507-
2508- (D) “License” means a license issued under this title.
2509-
2510- [(d)] (E) (1) “Sale” means the exchange or transfer, or the agreement to
2511-change or transfer, title or possession of goods in any manner for consideration.
2512-
2513- (2) “Sale” includes barter. Ch. 450 2023 LAWS OF MARYLAND
2514-
2515-– 54 –
2516-
2517- [(e)] (F) “Sell” includes barter.
2518-
2519- [(f)] (G) “Stock–in–trade” means:
2520-
2521- (1) goods held for sale and reported as inventory on the Business Personal
2522-Property Tax Return filed with the State Department of Assessments and Taxation; or
2523-
2524- (2) except for alcoholic beverages, goods held for sale and reported as
2525-inventory on the Business Personal Property Tax Return filed with the State Department
2526-of Assessments and Taxation for determining the valuation of a trader’s license under
2527-Subtitle 18 of this title.
2528-
2529- [(g)] (H) “Trader” means a person who operates a room or other place of business
2530-for selling goods, including goods sold at auction.
2531-
2532- [(h)] (I) “Trader’s license” means a license issued by the clerk to do business as
2533-a trader.
2534-
2535-17–202.
2536-
2537- (a) The Comptroller OR THE EXECUTIVE DIRECTOR shall enforce this title.
2538-
2539- (b) (1) The Comptroller:
2540-
2541- (i) shall appoint a chief license inspector; and
2542-
2543- (ii) may appoint assistant license inspectors.
2544-
2545- (2) The chief license inspector and each assistant license inspector is
2546-entitled to:
2547-
2548- (i) compensation in accordance with the State budget; and
2549-
2550- (ii) reimbursement for expenses under the Standard State Travel
2551-Regulations, as provided in the State budget.
2552-
2553- (c) The Comptroller may delegate any power or duty of the Comptroller under
2554-this title.
2555-
2556- (d) To enforce this title, the Comptroller may make investigations and hold
2557-hearings on any matter covered by this title, at any time or place in the State, and, in
2558-connection with an investigation or hearing, may:
2559-
2560- (1) administer oaths;
2561- WES MOORE, Governor Ch. 450
2562-
2563-– 55 –
2564- (2) examine witnesses;
2565-
2566- (3) receive evidence; and
2567-
2568- (4) issue subpoenas for the attendance of witnesses to testify or to produce
2569-evidence.
2570-
2571- (e) The Comptroller shall make all license materials, including stickers, available
2572-to the clerks on or before April 1 each year.
2573-
2574- (f) THE EXECUTIVE DIRECTOR, OR AN OFFICER OF THE FIELD
2575-ENFORCEMENT DIVISION OF THE ALCOHOL AND TOBACCO COMMISSION, MAY
2576-MAKE INVESTIGATIONS AND ISSUE CITATIONS TO ENFORCE THIS TITL E.
2577-
2578- (G) The Comptroller may adopt regulations to:
2579-
2580- (1) carry out this title; and
2581-
2582- (2) define any term used in this title.
2583-
2584-17–2104.
2585-
2586- With the approval of the Comptroller OR THE EXECUTIVE DIRECTOR, AS
2587-APPROPRIATE , the chief license inspector [or], an assistant license inspector, OR AN
2588-AGENT OF THE FIELD ENFORCEMENT DIVISION OF THE ALCOHOL AND TOBACCO
2589-COMMISSION shall begin proceedings to prosecute each person who:
2590-
2591- (1) is required to get a license from a clerk under this title; but
2592-
2593- (2) fails to get the license or to pay an adequate license fee.
2594-
2595-Article – Commercial Law
2596-
2597-11–501.
2598-
2599- (a) In this subtitle the following words have the meanings indicated.
2600-
2601- (b) “Basic cost of cigarettes” means the lesser of the invoice cost or the
2602-replacement cost of cigarettes to the retailer or wholesaler; plus any in–freight charge to
2603-the wholesaler otherwise not included in the invoice cost or the replacement cost; plus, for
2604-the wholesaler, the full face value of any applicable Maryland cigarette tax payable by the
2605-wholesaler; minus any trade discount or discount for cash.
2606-
2607- (c) (1) “Cigarettes” means any size or shaped roll for smoking that is made of
2608-tobacco or tobacco mixed with another ingredient and wrapped in paper or in any other
2609-material except tobacco. Ch. 450 2023 LAWS OF MARYLAND
2610-
2611-– 56 –
2612-
2613- (2) “Cigarettes” does not include cigars.
2614-
2615- (d) (1) “Cost to the retailer”, subject to the special cost provisions of § 11–503
2616-of this subtitle, means the basic cost of cigarettes to a retailer, which includes the cost to a
2617-wholesaler, plus a markup to cover his cost of doing business, which cost of doing business,
2618-in the absence of satisfactory proof of a lesser cost, is presumed to be 8 percent of the basic
2619-cost of cigarettes to him.
2620-
2621- (2) As to each carton of 200 cigarettes, a fractional part of a cent equal to
2622-one–tenth of a cent or more in the cost to the retailer shall be rounded off to the next higher
2623-cent.
2624-
2625- (e) (1) “Cost to the wholesaler”, subject to the special cost provisions of §
2626-11–503 of this subtitle, means the basic cost of cigarettes to a wholesaler, plus a markup to
2627-cover his cost of doing business, which cost of doing business:
2628-
2629- (i) Includes the cartage cost to a retailer; and
2630-
2631- (ii) In the absence of satisfactory proof of a lesser cost, is presumed
2632-to be 5 percent of the basic cost of cigarettes to him.
2633-
2634- (2) As to each carton of 200 cigarettes, a fractional part of a cent equal to
2635-one–tenth of a cent or more in the cost to the wholesaler shall be rounded off to the next
2636-higher cent.
2637-
2638- (f) (1) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
2639-THE ALCOHOL AND TOBACCO COMMISSION.
2640-
2641- (2) “EXECUTIVE DIRECTOR” INCLUDES A DEPUTY , AN INSPECTOR, A
2642-CLERK, OR ANY OTHER INDIVID UAL AUTHORIZED TO AC T BY THE EXECUTIVE
2643-DIRECTOR.
2644-
2645- (G) “Person” includes an individual, corporation, business trust, statutory trust,
2646-estate, trust, partnership, association, two or more persons having a joint or common
2647-interest, or any other legal or commercial entity.
2648-
2649- [(g)] (H) “Replacement cost” means the cost per unit for which the cigarettes
2650-could have been bought by the wholesaler or retailer at any time within 30 days before the
2651-date of sale by him if bought in the same quantity as his last purchase of the cigarettes.
2652-
2653- [(h)] (I) “Retail sale of cigarettes” includes any sale whereby cigarettes are sold
2654-for a valuable consideration, including an exchange or barter and a sale through a vending
2655-machine, made in the ordinary course of trade or the usual conduct of the seller’s business
2656-to a purchaser for consumption or use other than resale. WES MOORE, Governor Ch. 450
2657-
2658-– 57 –
2659-
2660- [(i)] (J) (1) “Retailer” includes any person engaged in the business of making
2661-retail sales of cigarettes within the State at a store, stand, booth, or concession, through
2662-vending machines, or otherwise.
2663-
2664- (2) If the person is engaged in the business of making both retail sales of
2665-cigarettes and wholesale sales of cigarettes, the word only applies to the retail sales of
2666-cigarettes portion of the business.
2667-
2668- [(j)] (K) “Sell” includes advertise, offer to sell, or offer for sale.
2669-
2670- [(k)] (L) “Vending machine operator” means a person who:
2671-
2672- (1) Makes retail sales of cigarettes or has cigarettes in his possession with
2673-the intent to sell them exclusively at retail through the medium of a vending machine or
2674-any other mechanical device used for dispensing cigarettes;
2675-
2676- (2) Owns, operates, and services vending machines or other mechanical
2677-devices used to dispense cigarettes on 40 or more premises; and
2678-
2679- (3) Services the machines or devices by maintaining an established place
2680-of business for the purchase of cigarettes, including warehousing facilities for the storage
2681-and distribution of cigarettes.
2682-
2683- [(l)] (M) (1) “Wholesale sale of cigarettes” includes any sale whereby
2684-cigarettes are sold for a valuable consideration, made in the ordinary course of trade or in
2685-the usual conduct of the seller’s business to a retailer, other than to a vending machine
2686-operator or to a sub–wholesaler described in subsection (m)(2) of this section, for the bona
2687-fide purpose of resale.
2688-
2689- (2) “Wholesale sale of cigarettes” includes any transfer of cigarettes on
2690-consignment or otherwise, whereby title is retained by the seller as security for the payment
2691-of the purchase price.
2692-
2693- [(m)] (N) (1) “Wholesaler” means a person who purchases cigarettes directly
2694-from a manufacturer.
2695-
2696- (2) “Wholesaler” includes a person, who, as a sub–wholesaler:
2697-
2698- (i) Purchases cigarettes from another wholesaler solely for the
2699-purpose of bona fide resale to retailers other than those directly or indirectly owned,
2700-affiliated, or controlled by him; and
2701-
2702- (ii) Services the retailers by maintaining an established place of
2703-business for the sale of cigarettes, including warehouse facilities, adequate inventory, Ch. 450 2023 LAWS OF MARYLAND
2704-
2705-– 58 –
2706-proper accounting records, and necessary equipment and vehicles for the storage and
2707-distribution of cigarettes.
2708-
2709- (3) If the person is engaged in the business of making both wholesale sales
2710-of cigarettes and retail sales of cigarettes, the word only applies to the wholesale sales of
2711-cigarettes portion of the business.
2712-
2713-11–506.
2714-
2715- (a) In any proceeding under this subtitle, including a proceeding relating to
2716-licenses before the [State Comptroller] EXECUTIVE DIRECTOR, proof of a sale by a
2717-retailer or a wholesaler of cigarettes or of any other item in combination or in connection
2718-with cigarettes at less than their cost to the retailer or their cost to the wholesaler,
2719-respectively, is prima facie evidence of intent to injure a competitor or to destroy or
2720-substantially lessen competition.
2721-
2722- (b) In determining cost to the retailer or cost to the wholesaler, the [State
2723-Comptroller] EXECUTIVE DIRECTOR or the court shall receive and consider evidence:
2724-
2725- (1) That the person complained against purchased cigarettes at a fictitious
2726-price or on terms, in a manner, or under invoices which conceal the true costs, discounts,
2727-or terms of purchase; and
2728-
2729- (2) Of the normal, customary, and prevailing terms and discounts in
2730-connection with other sales of a similar nature in the trade area.
2731-
2732-11–507.
2733-
2734- (a) It is the duty of the [State Comptroller] EXECUTIVE DIRECTOR to enforce
2735-this subtitle.
2736-
2737- (b) The [State Comptroller] EXECUTIVE DIRECTOR shall:
2738-
2739- (1) Employ and determine the duties and compensation of the inspectors
2740-and other personnel necessary to enforce this subtitle; and
2741-
2742- (2) Adopt reasonable rules and regulations necessary to effectuate and
2743-enforce the policies of this subtitle.
2744-
2745-11–508.
2746-
2747- (a) (1) On complaint of the [State Comptroller] EXECUTIVE DIRECTOR or
2748-any person affected, a circuit court has jurisdiction to:
2749-
2750- (i) Enjoin a retailer or wholesaler from the commission of any act
2751-prohibited by this subtitle; and WES MOORE, Governor Ch. 450
2752-
2753-– 59 –
2754-
2755- (ii) Award damages and costs.
2756-
2757- (2) In an action for injunctive relief, it is not necessary for the complainant
2758-to allege or prove that an adequate remedy at law does not exist or that the complainant
2759-has suffered actual damages.
2760-
2761- (b) If injunctive relief is not sought or required, an injured person may institute
2762-an action for damages in any court of competent jurisdiction.
2763-
2764- (c) On violation of this subtitle, the [State Comptroller] EXECUTIVE DIRECTOR
2765-shall suspend or revoke the cigarette license of the offender required by § 16–210 of the
2766-Business Regulation Article.
2767-
2768-11–5A–01.
2769-
2770- (a) In this subtitle the following words have the meanings indicated.
2771-
2772- (b) “EXECUTIVE DIRECTOR” HAS THE MEANING STATED IN § 11–501 OF
2773-THIS TITLE.
2774-
2775- (C) “Retailer” has the meaning stated in [§ 11–501(i)] § 11–501 of this title.
2776-
2777- [(c)] (D) “Sell” has the meaning stated in [§ 11–501(j)] § 11–501 of this title.
2778-
2779- [(d)] (E) “Unpackaged cigarette” means any cigarette not contained in a sealed
2780-package of 20 or more cigarettes.
2781-
2782- [(e)] (F) “Vending machine operator” has the meaning stated in [§ 11–501(k)] §
2783-11–501 of this title.
2784-
2785- [(f)] (G) “Wholesaler” has the meaning stated in [§ 11–501(m)] § 11–501 of this
2786-title.
2787-
2788-11–5A–03.
2789-
2790- (a) The [State Comptroller] EXECUTIVE DIRECTOR shall enforce this subtitle.
2791-
2792- (b) The [State Comptroller] EXECUTIVE DIRECTOR shall:
2793-
2794- (1) Employ and determine the duties and compensation of the inspectors
2795-and other personnel necessary to enforce this subtitle; and
2796-
2797- (2) Adopt reasonable regulations necessary to effectuate and enforce the
2798-provisions of this subtitle.
2799- Ch. 450 2023 LAWS OF MARYLAND
2800-
2801-– 60 –
2802-Article – Courts and Judicial Proceedings
2803-
2804-5–523.
2805-
2806- (a) (1) In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS
2807-INDICATED.
2808-
2809- (2) “Comptroller” means the Comptroller of the State.
2810-
2811- (3) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
2812-THE ALCOHOL AND TOBACCO COMMISSION.
2813-
2814- (b) If, in good faith and with reasonable grounds, the Comptroller, THE
2815-EXECUTIVE DIRECTOR, or a peace officer of the State seizes contraband property or a
2816-conveyance used to transport contraband property under § 13–835 of the Tax – General
2817-Article, the Comptroller, EXECUTIVE DIRECTOR, or peace officer is not civilly or
2818-criminally liable for the seizure.
2819-
2820-Article – Criminal Law
2821-
2822-10–107.
2823-
2824- (b) (2) A person who distributes tobacco products for commercial purposes,
2825-including a person licensed under Title 16, TITLE 16.5, TITLE 16.7, OR TITLE 16.9 of the
2826-Business Regulation Article, may not distribute to an individual under the age of 21 years:
2827-
2828- (i) a tobacco product;
2829-
2830- (ii) tobacco paraphernalia; or
2831-
2832- (iii) a coupon redeemable for a tobacco product.
2833-
2834-10–108.
2835-
2836- (a) A person who distributes products containing delta –8– or
2837-delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title
2838-16.7, TITLE 16.9, or Title 17 of the Business Regulation Article, may not distribute,
2839-purchase for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol
2840-to an individual under the age of 21 years.
2841-
2842-Article – Health – General
2843-
2844-18–213.
2845- WES MOORE, Governor Ch. 450
2846-
2847-– 61 –
2848- (a) (5) “Law enforcement officer” means any person who, in an official
2849-capacity, is authorized by law to make arrests and who is a member of one of the following
2850-law enforcement agencies:
2851-
2852- (i) The Department of State Police;
2853-
2854- (ii) The Baltimore City Police Department;
2855-
2856- (iii) The police department, bureau, or force of any county;
2857-
2858- (iv) The police department, bureau, or force of any incorporated city
2859-or town;
2860-
2861- (v) The office of the sheriff of any county;
2862-
2863- (vi) The police department, bureau, or force of any bicounty agency
2864-or constituent institution of the University System of Maryland, Morgan State University,
2865-St. Mary’s College, or of any institution under the jurisdiction of the Maryland Higher
2866-Education Commission;
2867-
2868- (vii) The Maryland Transit Administration police force of the
2869-Department of Transportation, the Maryland Transportation Authority Police Force, and
2870-the Maryland Port Administration police force of the Department of Transportation;
2871-
2872- (viii) The law enforcement officers of the Department of Natural
2873-Resources;
2874-
2875- (ix) The Field Enforcement Bureau of the Comptroller’s Office;
2876-
2877- (x) THE FIELD ENFORCEMENT DIVISION OF THE ALCOHOL
2878-AND TOBACCO COMMISSION;
2879-
2880- (XI) The Crofton Police Department;
2881-
2882- [(xi)] (XII) The Intelligence and Investigative Division of the
2883-Department of Public Safety and Correctional Services; or
2884-
2885- [(xii)] (XIII) The Ocean Pines Police Department.
2886-
2887-24–307.
2888-
2889- (b) A person who distributes tobacco products for commercial purposes, including
2890-a person licensed under Title 16, TITLE 16.5, TITLE 16.7, OR TITLE 16.9 of the Business
2891-Regulation Article, may not distribute to an individual under the age of 21 years:
2892-
2893- (1) A tobacco product; Ch. 450 2023 LAWS OF MARYLAND
2894-
2895-– 62 –
2896-
2897- (2) Tobacco paraphernalia; or
2898-
2899- (3) A coupon redeemable for a tobacco product.
2900-
2901- (c) (1) A person who violates subsection (b) of this section is subject to a civil
2902-penalty not exceeding:
2903-
2904- (i) $300 for a first violation;
2905-
2906- (ii) $1,000 for a second violation occurring within 24 months after
2907-the first violation; and
2908-
2909- (iii) $3,000 for each subsequent violation occurring within 24 months
2910-after the preceding violation.
2911-
2912- (2) The local health departments shall report violations of subsection (b) of
2913-this section to the [Comptroller’s Office] EXECUTIVE DIRECTOR OF THE ALCOHOL AND
2914-TOBACCO COMMISSION.
2915-
2916- (3) Issuance of a civil citation for a violation of this section precludes
2917-prosecution under § 10–107 of the Criminal Law Article arising out of the same violation.
2918-
2919- (4) If a violation is committed by a person acting on behalf of a retailer, the
2920-civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer.
2921-
2922- (f) (1) The Maryland Department of Health, in collaboration and consultation
2923-with the Office of the Comptroller, THE EXECUTIVE DIRECTOR OF THE ALCOHOL AND
2924-TOBACCO COMMISSION, local health departments, and local law enforcement agencies,
2925-shall develop ongoing strategies for enforcement of §§ 10–107 and 10–108 of the Criminal
2926-Law Article.
2927-
2928-Article – Tax – General
2929-
2930-1–101.
2931-
2932- (a) In this article the following words have the meanings indicated.
2933-
2934- (G–2) (1) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
2935-THE ALCOHOL AND TOBACCO COMMISSION.
2936-
2937- (2) “EXECUTIVE DIRECTOR” INCLUDES A DEPUTY , AN INSPECTOR ,
2938-OR ANY OTHER INDIVID UAL ACTING WITHIN TH E SCOPE OF THE EXECUTIVE
2939-DIRECTOR’S AUTHORITY.
2940- WES MOORE, Governor Ch. 450
2941-
2942-– 63 –
2943-1–205.
2944-
2945- (b) Before any license or permit issued by the Comptroller OR THE EXECUTIVE
2946-DIRECTOR may be renewed, the Comptroller shall verify that the applicant has paid all
2947-undisputed taxes and unemployment insurance contributions payable to the Comptroller
2948-or the Secretary of Labor or that the applicant has provided for payment in a manner
2949-satisfactory to the unit responsible for collection.
2950-
2951-2–102.
2952-
2953- (b) In cooperation with the Executive Director [of the Alcohol and Tobacco
2954-Commission], and in addition to the duties set forth elsewhere in this article and in other
2955-articles of the Code, the Comptroller shall administer the laws that relate to:
2956-
2957- (1) the alcoholic beverage tax; and
2958-
2959- (2) the tobacco tax.
2960-
2961-2–103.
2962-
2963- The Comptroller shall adopt reasonable regulations:
2964-
2965- (1) to administer the provisions of the tax laws listed in § 2–102(a) of this
2966-subtitle; and
2967-
2968- (2) in cooperation with the Executive Director [of the Alcohol and Tobacco
2969-Commission], to administer the provisions of the tax laws listed in § 2–102(b) of this
2970-subtitle.
2971-
2972-2–105.
2973-
2974- (b) The Comptroller:
2975-
2976- (1) shall determine:
2977-
2978- (i) the design of tax stamps [and] OR certificates required for the
2979-alcoholic beverage tax and for the tobacco tax; and
2980-
2981- (ii) the form of any other evidence of tax payment; and
2982-
2983- (2) may adopt any other method or device that the Comptroller considers
2984-necessary to:
2985-
2986- (i) prevent fraud or evasion of the alcoholic beverage tax; or
2987- Ch. 450 2023 LAWS OF MARYLAND
2988-
2989-– 64 –
2990- (ii) comply with any restrictions that the federal government
2991-imposes on alcoholic beverages during a war or an emergency.
2992-
2993- (c) In cooperation with the Executive Director [of the Alcohol and Tobacco
2994-Commission], the Comptroller:
2995-
2996- (1) shall provide tax stamps [and] OR certificates to indicate that the
2997-alcoholic beverage tax or tobacco tax has been paid; and
2998-
2999- (2) may adopt reasonable regulations to prevent abuse but ensure the
3000-adequate availability of tax stamps and certificates, including regulations that:
3001-
3002- (i) limit excessive disbursement of tax stamps and certificates; and
3003-
3004- (ii) require proof of need for tax stamps and certificates.
3005-
3006-2–107.
3007-
3008- (e) On or before October 1 each year, the Executive Director [of the Alcohol and
3009-Tobacco Commission] shall report to the General Assembly, in accordance with § 2–1257 of
3010-the State Government Article, on:
3011-
3012- (1) the aggregate number of licensed tobacco retailers that committed a
3013-violation of § 10–107 of the Criminal Law Article and the aggregate number of minors who
3014-committed a violation of § 10–107 of the Criminal Law Article during the reporting period;
3015-
3016- (2) the number of prior violations for licensed tobacco retailers and minors
3017-that committed a violation during the reporting period; and
3018-
3019- (3) the subsequent action taken by the Executive Director against each
3020-violator and, for each action taken, the number of violations committed by the violator.
3021-
3022-2–108.
3023-
3024- If, in good faith and with reasonable grounds, the Comptroller, THE EXECUTIVE
3025-DIRECTOR, or a peace officer of the State seizes contraband property or a conveyance used
3026-to transport contraband property under § 13–835 of this article, the Comptroller, THE
3027-EXECUTIVE DIRECTOR, or peace officer shall have the immunity from liability described
3028-under § 5–523 of the Courts and Judicial Proceedings Article.
3029-
3030-2–303.
3031-
3032- The Comptroller shall distribute the proceeds from sales of contraband alcoholic
3033-beverages and conveyances under § 13–841(a) OR (D) of this article to the General Fund.
3034- WES MOORE, Governor Ch. 450
3035-
3036-– 65 –
3037-5–101.
3038-
3039- (a) In this title the following words have the meanings indicated.
3040-
3041- [(m) “Tax stamp” means a device in the design and deno mination that the
3042-Comptroller authorizes for the purpose of being affixed to a container of distilled spirits as
3043-evidence that the alcoholic beverage tax is paid.]
3044-
3045- [(n)] (M) (1) “Wholesaler” means a person who buys or imports an alcoholic
3046-beverage for sale to another person for resale.
3047-
3048- (2) “Wholesaler” includes a county department of liquor control, a liquor
3049-control board, or the Alcohol Beverage Services for Montgomery County that operates a
3050-wholesale dispensary.
3051-
3052- [(o)] (N) (1) “Wine” means a fermented alcoholic beverage.
3053-
3054- (2) “Wine” includes:
3055-
3056- (i) carbonated, flavored, imitation, sparkling, or still wine;
3057-
3058- (ii) champagne;
3059-
3060- (iii) cider;
3061-
3062- (iv) fortified wine;
3063-
3064- (v) perry;
3065-
3066- (vi) sake; and
3067-
3068- (vii) vermouth.
3069-
3070-12–203.
3071-
3072- (b) A wholesaler shall:
3073-
3074- (1) keep the records required under subsection (a) of this section for a
3075-period of 6 years or for a shorter period that the Comptroller authorizes; and
3076-
3077- (2) allow the Comptroller OR THE EXECUTIVE DIRECTOR to examine the
3078-records.
3079-
3080-12–204.
3081-
3082- (a) The Comptroller shall adopt regulations that: Ch. 450 2023 LAWS OF MARYLAND
3083-
3084-– 66 –
3085-
3086- (1) require an out–of–state seller to maintain records of the cost of
3087-premium cigars and pipe tobacco acquired for sale into the State; and
3088-
3089- (2) specify the period for which an out–of–state seller must maintain the
3090-records required under item (1) of this subsection.
3091-
3092- (b) An out–of–state seller shall allow the Comptroller OR THE EXECUTIVE
3093-DIRECTOR to examine the records maintained in accordance with subsection (a) of this
3094-section.
3095-
3096-13–710.
3097-
3098- If the Comptroller, THE EXECUTIVE DIRECTOR, or any police officer seizes distilled
3099-spirits or mash in connection with an arrest of a person for the unlawful manufacture of
3100-distilled spirits in the State, on conviction of the person, the Comptroller shall assess a
3101-penalty of $5 for each 100 proof gallon on:
3102-
3103- (1) all distilled spirits seized; or
3104-
3105- (2) the potential quantity of distilled spirits that may be manufactured
3106-from the quantity of mash seized.
3107-
3108-13–835.
3109-
3110- (a) The Comptroller, THE EXECUTIVE DIRECTOR, or a peace officer of the State
3111-may:
3112-
3113- (1) seize contraband alcoholic beverages or contraband tobacco products in
3114-the State without a warrant;
3115-
3116- (2) stop and search a conveyance in the State if the Comptroller, THE
3117-EXECUTIVE DIRECTOR, or officer knows or has reason to suspect that the conveyance is
3118-being used to transport in the State contraband tobacco products having a retail value of
3119-$100 or more or contraband alcoholic beverages; and
3120-
3121- (3) seize a conveyance being used in the State to transport contraband
3122-alcoholic beverages or contraband tobacco products.
3123-
3124-13–836.
3125-
3126- (a) (1) If contraband alcoholic beverages or contraband tobacco products are
3127-seized:
3128- WES MOORE, Governor Ch. 450
3129-
3130-– 67 –
3131- (i) the Comptroller, THE EXECUTIVE DIRECTOR, or police officer
3132-shall give a notice of seizure to the person from whom the property is seized at the time of
3133-the seizure; and
3134-
3135- (ii) the Comptroller OR THE EXECUTIVE DIRECTOR shall:
3136-
3137- 1. where possible, give a notice of seizure to the registered
3138-owner of a seized conveyance; and
3139-
3140- 2. publish a notice of seizure of the conveyance in a
3141-newspaper of general circulation in the county where the seizure occurred.
3142-
3143- (b) (1) A police officer who seizes a conveyance used to transport contraband
3144-alcoholic beverages promptly shall notify the Comptroller AND THE EXECUTIVE
3145-DIRECTOR of the seizure.
3146-
3147- (2) A police officer who seizes any contraband tobacco products or
3148-conveyance used to transport contraband tobacco products shall deliver the seized
3149-cigarettes or other tobacco products and conveyance to the Comptroller OR THE
3150-EXECUTIVE DIRECTOR, AS APPROPRIATE .
3151-
3152-13–837.
3153-
3154- The owner or another person with an interest in seized property may file a claim for
3155-the return of the property with the Comptroller OR THE EXECUTIVE DIRECTOR within
3156-30 days after:
3157-
3158- (1) the seizure of alcoholic beverages, cigarettes, other tobacco products,
3159-motor fuel or conveyances used to transport motor fuel; or
3160-
3161- (2) a notice of seizure of a conveyance used to transport alcoholic beverages,
3162-cigarettes, or other tobacco products is published.
3163-
3164-13–838.
3165-
3166- (b) (3) Absent a finding under paragraph (2) of this subsection, the
3167-Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE , in the best interest of
3168-the State may:
3169-
3170- (i) pay the outstanding indebtedness secured by the lawful lien and
3171-keep the property; or
3172-
3173- (ii) deliver the property to the lien holder.
3174-
3175-13–839.
3176- Ch. 450 2023 LAWS OF MARYLAND
3177-
3178-– 68 –
3179- (a) If a person files a claim for return of seized alcoholic beverages, cigarettes,
3180-other tobacco products, or a conveyance used for their transportation under § 13–837 of this
3181-subtitle, the Comptroller, THE EXECUTIVE DIRECTOR, or [the Comptroller’s] THEIR
3182-designee shall:
3183-
3184- (1) promptly act on the request and hold an informal hearing;
3185-
3186- (2) direct the return of alcoholic beverages, cigarettes, or other tobacco
3187-products unless the Comptroller, THE EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR
3188-designee has satisfactory proof that the person was not in compliance with any provisions
3189-of Title 5 or Title 12 of this article at the time of seizure; and
3190-
3191- (3) direct the return of the conveyance if the Comptroller, THE
3192-EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR designee has satisfactory proof that
3193-the owner of the conveyance was not willfully evading any provisions of Title 5 or Title 12
3194-of this article at the time of seizure.
3195-
3196- (b) The Comptroller, THE EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR
3197-designee shall grant or deny the application for return of seized alcoholic beverages,
3198-cigarettes, other tobacco products, or a conveyance in accordance with subsection (a) of this
3199-section by mailing the person a notice of final determination.
3200-
3201-13–841.
3202-
3203- (a) (1) Contraband alcoholic beverages that are seized under this title and
3204-forfeited may be disposed of or destroyed in the manner allowed under §§ 6–105, 6–106,
3205-and 6–328 of the Alcoholic Beverages Article.
3206-
3207- (2) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE ,
3208-shall sell at public auction a conveyance that is seized under this title in connection with
3209-contraband alcoholic beverages and forfeited.
3210-
3211- (b) (1) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE ,
3212-shall sell contraband tobacco products seized under this title and forfeited to a State
3213-institution, a nonprofit charitable institution, a licensed cigarette wholesaler, or a licensed
3214-cigarette manufacturer in the manner the Comptroller OR EXECUTIVE DIRECTOR
3215-determines.
3216-
3217- (2) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE ,
3218-shall sell at public auction a conveyance that is seized under this title in connection with
3219-contraband tobacco products and forfeited.
3220-
3221- (d) (1) In the manner required under Title 2 of this article for distributions of
3222-revenue, the Comptroller shall distribute the net proceeds from the sale of any conveyance
3223-or other property under this section after paying: WES MOORE, Governor Ch. 450
3224-
3225-– 69 –
3226-
3227- [(1)] (I) the costs incurred in conjunction with the seizure and disposal of
3228-the property;
3229-
3230- [(2)] (II) the cost of the sale; and
3231-
3232- [(3)] (III) any bona fide lien against the conveyance.
3233-
3234- (2) IF THE EXECUTIVE DIRECTOR SELLS AT PUBLIC AUCT ION A
3235-CONVEYANCE OR OTHER PROPERTY S EIZED UNDER THIS SEC TION, THE EXECUTIVE
3236-DIRECTOR SHALL TRANSF ER THE NET PROCEEDS OF THE SALE TO THE
3237-COMPTROLLER FOR DISTR IBUTION UNDER TITLE 2 OF THIS ARTICLE.
3238-
3239-[13–1011.
3240-
3241- A person who counterfeits an alcoholic beverage tax stamp, as defined in § 5–101 of
3242-this article, or certificate is guilty of a crime and, on conviction, is subject to a fine not
3243-exceeding $10,000 or imprisonment not exceeding 5 years or both.]
3244-
3245- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
3246-1, 2023.
3247-
3248-Approved by the Governor, May 8, 2023.
1+
2+
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1165*
9+
10+HOUSE BILL 1165
11+A1, C2 3lr0346
12+
13+By: Delegate Wilson
14+Introduced and read first time: February 10, 2023
15+Assigned to: Economic Matters
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 11, 2023
19+
20+CHAPTER ______
21+
22+AN ACT concerning 1
23+
24+Alcohol and Tobacco Commission – Technical Corrections and Clarifications 2
25+
26+FOR the purpose of correcting certain references to the Comptroller of Maryland to be the 3
27+Executive Director of the Alcohol and Tobacco Commission; clarifying certain powers 4
28+and duties of the Executive Director of the Commission relating to alcoholic 5
29+beverages regulation and enforcement; and generally relating to the Alcohol and 6
30+Tobacco Commission. 7
31+
32+BY repealing and reenacting, without amendments, 8
33+ Article – Alcoholic Beverages 9
34+Section 1–101(a), 1–313(b)(2)(iii), 9–102, 11–102, 12–102, 15–102, 16–102, 19–102, 10
35+20–102, 21–102, 23–102, 24–102, 25–102, 30–102, 31–102, 32–102, and 11
36+33–102 12
37+ Annotated Code of Maryland 13
38+ (2016 Volume and 2022 Supplement) 14
39+
40+BY repealing and reenacting, with amendments, 15
41+ Article – Alcoholic Beverages 16
42+Section 1–101(ff), 1–313(b)(2)(ii)4., 1–314, 1–404, 1–406(c), 1–409(a), 1–410(a) and 17
43+(b), 2–102, 2–103, 2–106, 2–111(b) and (d), 2–113(c), 2–114(c), 2–115(b) and 18
44+(e), 2–116(b) and (g), 2–118(c), 2–119(c), 2–124(b) and (c), 2–125(b) through 19
45+(d), 2–130(b) and (g) through (i), 2–131(a), (c), (f), and (g), 2–132(b) and (c)(2), 20
46+2–132.1(b) and (c)(2), 2–132.2(b), (f), and (g), 2–133(b), (e)(6), (g), and (i), 21
47+2–135(b) and (d), 2–136(b)(1), 2–137(c) and (l), 2–138(d) and (f), 2–139(b), 22
48+2–140(a), (b), and (c)(3), 2–143, 2–145, 2–148(a)(2), (6), and (7), 2–149(a)(2) 23 2 HOUSE BILL 1165
49+
50+
51+and (4) and (b), 2–151(g) and (h), 2–152(a), 2–158(b), 2–164(e)(2), 2–201, 1
52+2–202(g) and (k), 2–203(g), 2–204(f) and (i), 2–205(d), 2–206(b)(3)(ii) and (9), 2
53+(d), (f), and (h), 2–207(e) and (i)(1), 2–208(e) and (i), 2–209(i) and (j), 3
54+2–210(c)(2) and (6), (i)(2), (j), and (k), 2–213, 2–219(b)(4) and (c), 2–301, 4
55+2–302(d), 2–303(d), 2–304(d), 2–305(d), 2–306(d), 2–307(e), 2–308(e), 5
56+2–308.1(e), 2–312(a), 2–401, 2–402(a), 2–404(b), 2–405(a), 2–406(a), 2–407(a) 6
57+and (d)(1)(vi), 2–408(b), 2–502(a), 2–506(b), 3–101, 3–107, 3–108(b)(6), 7
58+3–201(a), 3–202 through 3–205, 3–206(a), 3–207(b)(2), 3–301(b)(4), 3–302 8
59+through 3–304, 3–401, 3–402, 3–404(b), 3–405(b), 3–406, 3–407(a) and (c), 9
60+3–504(c) and (g), 3–601, 3–602(a) and (c), 3–603, 3–604(a)(1), 3–605(a), 10
61+3–606(c), 3–701(b), 3–703, 3–704(a), 3–802, 3–803(a), 3–901, 4–108, 4–109(b), 11
62+4–206(c), 4–505(c) and (g), 4–1104(d)(2) and (3), 4–1105(d)(2) and (3), 12
63+4–1202(b), 5–303(b), 6–101(c)(2), 6–103, 6–104, 6–105(b), 6–107(a) and (b), 13
64+6–108(b), 6–202(a), 6–203, 6–204(a), 6–205(b), 6–308(a)(3), 6–319(a)(3), 14
65+6–328(a)(4), 9–1403, 11–206(a), 11–207, 11–1406, 11–2102(a), 12–403(c)(2) 15
66+and (3), 15–1001(i), 15–1309(c)(2) and (d), 16–405(b)(4), 19–403(d), 19–404(c), 16
67+20–1009(b), 21–1311(c) and (d), 23–403(b), 23–902(f), 24–1310(c) and (d), 17
68+25–314(a)(3) and (b), 25–405(c) and (e)(2) and (3), 30–403(b), 30–404(b), 18
69+31–404(c), 31–1007(h), 32–311(a), 32–312(a)(3) and (b), 32–403(b) and (c), 19
70+32–405(a), 32–1001(i), 33–309(a), and 33–504(b)(1) and (4) and (d) 20
71+ Annotated Code of Maryland 21
72+ (2016 Volume and 2022 Supplement) 22
73+
74+BY repealing and reenacting, with amendments, 23
75+ Article – Business Regulation 24
76+Section 16–308.2, 17–101, 17–202, and 17–2104 25
77+ Annotated Code of Maryland 26
78+ (2015 Replacement Volume and 2022 Supplement) 27
79+
80+BY repealing and reenacting, with amendments, 28
81+ Article – Commercial Law 29
82+Section 11–501, 11–506 through 11–508, 11–5A–01, and 11–5A–03 30
83+ Annotated Code of Maryland 31
84+ (2013 Replacement Volume and 2022 Supplement) 32
85+
86+BY repealing and reenacting, with amendments, 33
87+ Article – Courts and Judicial Proceedings 34
88+Section 5–523 35
89+ Annotated Code of Maryland 36
90+ (2020 Replacement Volume and 2022 Supplement) 37
91+
92+BY repealing and reenacting, with amendments, 38
93+ Article – Criminal Law 39
94+Section 10–107(b)(2) and 10–108(a) 40
95+ Annotated Code of Maryland 41
96+ (2021 Replacement Volume and 2022 Supplement) 42
97+ HOUSE BILL 1165 3
98+
99+
100+BY repealing and reenacting, with amendments, 1
101+ Article – Health – General 2
102+Section 18–213(a)(5) and 24–307(b), (c), and (f)(1) 3
103+ Annotated Code of Maryland 4
104+ (2019 Replacement Volume and 2022 Supplement) 5
105+
106+BY repealing and reenacting, without amendments, 6
107+ Article – Tax – General 7
108+Section 1–101(a) and 5–101(a) 8
109+ Annotated Code of Maryland 9
110+ (2022 Replacement Volume) 10
111+
112+BY adding to 11
113+ Article – Tax – General 12
114+Section 1–101(g–2) 13
115+ Annotated Code of Maryland 14
116+ (2022 Replacement Volume) 15
117+
118+BY repealing and reenacting, with amendments, 16
119+ Article – Tax – General 17
120+Section 1–205(b), 2–102(b), 2–103, 2–105(b) and (c), 2–107(e), 2–108, 2–303, 18
121+5–101(n) and (o), 12–203(b), 12–204, 13–710, 13–835(a), 13–836(a)(1) and 19
122+(b)(1) and (2), 13–837, 13–838(b)(3), 13–839, and 13–841(a), (b), and (d) 20
123+ Annotated Code of Maryland 21
124+ (2022 Replacement Volume) 22
125+
126+BY repealing 23
127+ Article – Tax – General 24
128+Section 5–101(m) and 13–1011 25
129+ Annotated Code of Maryland 26
130+ (2022 Replacement Volume) 27
131+
132+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
133+That the Laws of Maryland read as follows: 29
134+
135+Article – Alcoholic Beverages 30
136+
137+1–101. 31
138+
139+ (a) In this article the following words have the meanings indicated. 32
140+
141+ (ff) “Tobacco” includes cigarettes regulated under Title 16 of the Business 33
142+Regulation Article and other tobacco and related products regulated under Titles 16.5 34
143+[and], 16.7, OR 16.9 of the Business Regulation Article. 35
144+
145+1–313. 36
146+ 4 HOUSE BILL 1165
147+
148+
149+ (b) (2) The officers and employees of the Field Enforcement Division: 1
150+
151+ (ii) shall have the powers, duties, and responsibilities of peace 2
152+officers to enforce the provisions of this article relating to: 3
153+
154+ 4. the manufacture, sale, barter, transportation, 4
155+distribution, or other form of owning, handling, or dispersing alcoholic beverages or tobacco 5
156+by any person not licensed or authorized under this article, provisions of the Tax – General 6
157+Article relating to alcoholic beverages or tobacco, or provisions of the Business Regulation 7
158+Article relating to ALCOHOLIC BEVERAGES OR tobacco; and 8
159+
160+ (iii) may make cooperative arrangements for and work and cooperate 9
161+with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other 10
162+prosecuting and peace officers to enforce this article. 11
163+
164+1–314. 12
165+
166+ The Executive Director may delegate authority under this article, provisions of the 13
167+Tax – General Article relating to alcoholic beverages and tobacco, and provisions of the 14
168+Business Regulation Article relating to tobacco to the Division director OR A DESIGNEE to 15
169+issue or refuse to issue licenses and permits. 16
170+
171+1–404. 17
172+
173+ Before a license or alcoholic beverages permit may be issued to an employer to engage 18
174+in an activity in which the employer may employ a covered employee, as defined in § 9–101 19
175+of the Labor and Employment Article, the employer shall file with the [Comptroller] 20
176+EXECUTIVE DIRECTOR or local licensing board: 21
177+
178+ (1) a certificate of compliance with the Maryland Workers’ Compensation 22
179+Act; or 23
180+
181+ (2) the number of a workers’ compensation insurance policy or binder. 24
182+
183+1–406. 25
184+
185+ (c) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations covering 26
186+warehouse receipt transactions. 27
187+
188+1–409. 28
189+
190+ (a) A local licensing board shall: 29
191+
192+ (1) maintain a record of: 30
193+
194+ (i) each license that the local licensing board issues; and 31
195+ HOUSE BILL 1165 5
196+
197+
198+ (ii) any revocation, suspension, or cancellation of a license and any 1
199+restriction imposed on a license with a brief explanation of the reason for the action; and 2
200+
201+ (2) submit the record to the [Comptroller] EXECUTIVE DIRECTOR; and 3
202+
203+ (3) allow any individual to inspect the records at the office of the local 4
204+licensing board during regular business hours. 5
205+
206+1–410. 6
207+
208+ (a) (1) On written request of the [Comptroller] EXECUTIVE DIRECTOR, each 7
209+person, including a common carrier, that transports alcoholic beverages in the State in 8
210+interstate or intrastate commerce shall report all consignments or deliveries of alcoholic 9
211+beverages for the period that the [Comptroller] EXECUTIVE DIRECTOR specifies. 10
212+
213+ (2) The reports shall be under oath and on the form that the [Comptroller] 11
214+EXECUTIVE DIRECTOR requires. 12
215+
216+ (b) If required by the [Comptroller] EXECUTIVE DIRECTOR, the reports shall 13
217+state: 14
218+
219+ (1) the name and address of the person to whom the delivery has been 15
220+made; 16
221+
222+ (2) the name and address of the original consignee, if alcoholic beverages 17
223+have been delivered to any person other than the originally named consignee; 18
224+
225+ (3) the point of origin; 19
226+
227+ (4) the point of delivery; 20
228+
229+ (5) the date of delivery; 21
230+
231+ (6) (i) the number and initials of each car, if the alcoholic beverages are 22
232+shipped by rail; 23
233+
234+ (ii) the name of the water vessel, if the alcoholic beverages are 24
235+shipped by water; 25
236+
237+ (iii) the license number of each truck, if the alcoholic beverages are 26
238+shipped by truck; or 27
239+
240+ (iv) the manner in which the delivery was made, if the delivery is by 28
241+other means; 29
242+ 6 HOUSE BILL 1165
243+
244+
245+ (7) each kind of alcoholic beverages contained in the shipment and the 1
246+number of gallons of each kind; and 2
247+
248+ (8) any other information relative to shipments that the [Comptroller] 3
249+EXECUTIVE DIRECTOR requires. 4
250+
251+2–102. 5
252+
253+ (a) A person shall apply to the [Comptroller] EXECUTIVE DIRECTOR for a 6
254+permit under this subtitle on the form the [Comptroller] EXECUTIVE DIRECTOR provides. 7
255+
256+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall adopt regulations for 8
257+permits under this subtitle regarding: 9
258+
259+ (1) the procedure for issuing permits; 10
260+
261+ (2) the purchase of alcoholic beverages; and 11
262+
263+ (3) the exercise of the privileges granted under each type of permit. 12
264+
265+2–103. 13
266+
267+ (a) On receipt of an application, the [Comptroller] EXECUTIVE DIRECTOR shall 14
268+order an investigation of: 15
269+
270+ (1) the applicant; 16
271+
272+ (2) the business to be operated; and 17
273+
274+ (3) the statements presented in the permit application. 18
275+
276+ (b) On completion of the investigation, the [Comptroller] EXECUTIVE 19
277+DIRECTOR shall deny the permit application if in the judgment of the [Comptroller] 20
278+EXECUTIVE DIRECTOR: 21
279+
280+ (1) the applicant: 22
281+
282+ (i) is not fit to receive the permit; 23
283+
284+ (ii) made a material false statement in the application; or 24
285+
286+ (iii) committed fraud in connection with the application; or 25
287+
288+ (2) there are other reasons that the permit should not be issued. 26
289+ HOUSE BILL 1165 7
290+
291+
292+ (c) If the [Comptroller] EXECUTIVE DIRECTOR does not find cause to deny the 1
293+permit, the [Comptroller] EXECUTIVE DIRECTOR shall approve the application and issue 2
294+the permit. 3
295+
296+2–106. 4
297+
298+ The [Comptroller] EXECUTIVE DIRECTOR may restrict, suspend, or revoke a 5
299+permit issued under this subtitle. 6
300+
301+2–111. 7
302+
303+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person: 8
304+
305+ (1) whose alcoholic beverage license has expired or otherwise been 9
306+discontinued; and 10
307+
308+ (2) who applies for a permit within 60 days after the last day on which the 11
309+license was effective. 12
310+
311+ (d) (1) The permit: 13
312+
313+ (i) covers only a specific transaction; and 14
314+
315+ (ii) expires 10 days after it is issued. 15
316+
317+ (2) If the permit holder shows an undue burden, the [Comptroller] 16
318+EXECUTIVE DIRECTOR may grant a reasonable extension of the permit. 17
319+
320+2–113. 18
321+
322+ (c) In Anne Arundel County, a retailer is required to have written approval from 19
323+the Board of License Commissioners before applying to the [Comptroller] EXECUTIVE 20
324+DIRECTOR for the permit. 21
325+
326+2–114. 22
327+
328+ (c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of 23
329+identification for each vehicle authorized under the permit. 24
330+
331+ (2) The identification shall be kept in or on the vehicle at all times when 25
332+the vehicle transports alcoholic beverages. 26
333+
334+2–115. 27
335+
336+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a 28
337+nonresident dealer permit holder. 29 8 HOUSE BILL 1165
338+
339+
340+
341+ (e) (1) Each month the permit holder shall file a report of its storage and 1
342+shipping activities with the [Comptroller] EXECUTIVE DIRECTOR. 2
343+
344+ (2) The report shall be filed in the manner and on the form that the 3
345+[Comptroller] EXECUTIVE DIRECTOR provides. 4
346+
347+2–116. 5
348+
349+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to an 6
350+individual who: 7
351+
352+ (1) is at least 21 years old; 8
353+
354+ (2) is a resident of the State; 9
355+
356+ (3) files with the [Comptroller] EXECUTIVE DIRECTOR an inventory of 10
357+all alcoholic beverages to be sold; and 11
358+
359+ (4) certifies that all alcoholic beverages to be sold: 12
360+
361+ (i) have been acquired legally and transported into the State in 13
362+accordance with this article; and 14
363+
364+ (ii) are owned by the individual at the time of application. 15
365+
366+ (g) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations regarding 16
367+any activity relating to the permit, including record–keeping and reporting requirements. 17
368+
369+2–118. 18
370+
371+ (c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of 19
372+identification for each vehicle authorized under the permit. 20
373+
374+ (2) The identification shall be kept in or on the vehicle at all times when 21
375+the vehicle transports alcoholic beverages. 22
376+
377+2–119. 23
378+
379+ (c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of 24
380+identification for each vehicle authorized under the permit. 25
381+
382+ (2) The identification shall be kept in or on the vehicle at all times when 26
383+the vehicle transports alcoholic beverages. 27
384+
385+2–124. 28 HOUSE BILL 1165 9
386+
387+
388+
389+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to: 1
390+
391+ (1) a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery; 2
392+
393+ (2) a sales agent of a person described in item (1) of this subsection, on 3
394+presentation of proof of the sales agency relationship to the [Comptroller] EXECUTIVE 4
395+DIRECTOR; 5
396+
397+ (3) an importer of beer, wine, or distilled spirits produced outside the 6
398+United States that purchases directly from the brand owner or from a sales agent of a 7
399+person described in item (1) of this subsection that: 8
400+
401+ (i) is authorized by the brand owner to sell in the State; and 9
402+
403+ (ii) provides proof of the sales agency relationship to the 10
404+[Comptroller] EXECUTIVE DIRECTOR; or 11
405+
406+ (4) an American sales agent of an importer described in item (3) of this 12
407+subsection, on presentation of proof of the sales agency relationship to the [Comptroller] 13
408+EXECUTIVE DIRECTOR. 14
409+
410+ (c) The [Comptroller] EXECUTIVE DIRECTOR may not issue the permit to a 15
411+person that: 16
412+
413+ (1) is a holder of a wholesaler’s license or retail license; 17
414+
415+ (2) has an interest in a wholesaler licensed under this article; or 18
416+
417+ (3) has an interest in any retail license holder. 19
418+
419+2–125. 20
420+
421+ (b) (1) Subject to paragraph (2) of this subsection, the [Comptroller] 21
422+EXECUTIVE DIRECTOR may issue the permit to: 22
423+
424+ (i) an importer of beer, wine, or distilled spirits produced outside the 23
425+United States that: 24
426+
427+ 1. purchases directly from the brand owner or from a sales 25
428+agent of a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery; 26
429+
430+ 2. is authorized by the brand owner to sell in the State; and 27
431+
432+ 3. provides proof of the sales agency relationship to the 28
433+[Comptroller] EXECUTIVE DIRECTOR; or 29 10 HOUSE BILL 1165
434+
435+
436+
437+ (ii) an American sales agent of an importer under item (i) of this 1
438+paragraph, on presentation of proof of the sales agency relationship to the [Comptroller] 2
439+EXECUTIVE DIRECTOR. 3
440+
441+ (2) An individual applicant, an applicant qualifying as a resident applicant 4
442+for a corporation, or each applicant for a partnership is not eligible for the permit unless 5
443+the individual is a resident of the State at the time the application is filed and remains a 6
444+resident for the duration of time the permit is in effect. 7
445+
446+ (c) The [Comptroller] EXECUTIVE DIRECTOR may not issue the permit to a 8
447+person that: 9
448+
449+ (1) is a holder of a wholesaler’s license or retail license; 10
450+
451+ (2) has an interest in a wholesaler licensed under this article; or 11
452+
453+ (3) has an interest in any retail license holder. 12
454+
455+ (d) The permit authorizes the holder to sell alcoholic beverages to: 13
456+
457+ (1) a holder of a wholesaler’s license; or 14
458+
459+ (2) a person outside the State that the [Comptroller] EXECUTIVE 15
460+DIRECTOR authorizes to acquire the alcoholic beverages. 16
461+
462+2–130. 17
463+
464+ (b) The [Commission] EXECUTIVE DIRECTOR may issue the permit to a holder 18
465+of any of the following licenses who meets the requirements of this section: 19
466+
467+ (1) Class 1 distillery license; 20
468+
469+ (2) Class 3 winery license; 21
470+
471+ (3) Class 4 limited winery license; 22
472+
473+ (4) Class 5 brewery license; 23
474+
475+ (5) Class 7 micro–brewery license; 24
476+
477+ (6) Class 8 farm brewery license; or 25
478+
479+ (7) Class 9 limited distillery license. 26
480+ HOUSE BILL 1165 11
481+
482+
483+ (g) An applicant for a permit shall complete an application on a form that the 1
484+[Commission] EXECUTIVE DIRECTOR authorizes. 2
485+
486+ (h) The permit holder shall notify the [Commission] EXECUTIVE DIRECTOR of 3
487+the permit holder’s intention to attend an event within a period of time that the 4
488+[Commission] EXECUTIVE DIRECTOR determines on the form that the [Commission] 5
489+EXECUTIVE DIRECTOR authorizes. 6
490+
491+ (i) The [Commission] EXECUTIVE DIRECTOR may adopt regulations to require 7
492+the permit holder to notify the local licensing board of the jurisdiction where the event is 8
493+being held of the permit holder’s intention to attend the event. 9
494+
495+2–131. 10
496+
497+ (a) In this section, “off–site permit” includes: 11
498+
499+ (1) a [brewing company] MANUFACTURER off–site permit; AND 12
500+
501+ (2) [a distillery off–site permit; 13
502+
503+ (3)] a retail off–site permit[; and 14
504+
505+ (4) a winery off–site permit]. 15
506+
507+ (c) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a 16
508+nonprofit organization, as defined by § 501(c) of the Internal Revenue Code, that meets the 17
509+requirements of this section. 18
510+
511+ (f) (1) Not less than 30 days before the nonprofit beer, wine, and liquor 19
512+festival, a person shall submit an application to the [Comptroller] EXECUTIVE 20
513+DIRECTOR. 21
514+
515+ (2) The application shall: 22
516+
517+ (i) be on a form that the [Comptroller] EXECUTIVE DIRECTOR 23
518+provides; 24
519+
520+ (ii) state that the primary purpose of the nonprofit beer, wine, and 25
521+liquor festival is to promote Maryland beer, wine, and liquor; 26
522+
523+ (iii) provide details of the nonprofit beer, wine, and liquor festival, 27
524+including the location, dates, and times of operation; and 28
525+
526+ (iv) include appropriate evidence that the applicant has been given 29
527+permission by the owner of the property where the nonprofit beer, wine, and liquor festival 30
528+is to be held. 31 12 HOUSE BILL 1165
529+
530+
531+
532+ (g) Not less than 15 days before the nonprofit beer, wine, and liquor festival, the 1
533+permit holder shall provide the [Comptroller] EXECUTIVE DIRECTOR with a list of 2
534+off–site permit holders that will attend. 3
535+
536+2–132. 4
537+
538+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person 5
539+that: 6
540+
541+ (1) is licensed outside the State to engage in the manufacture of beer; 7
542+
543+ (2) produces in the aggregate from all of its locations not more than 22,500 8
544+barrels of beer annually; and 9
545+
546+ (3) does not hold a nonresident dealer’s permit. 10
547+
548+ (c) (2) The permit holder shall comply with all the requirements of this article, 11
549+the Tax – General Article, and the regulations of the Comptroller OR EXECUTIVE 12
550+DIRECTOR that apply to a holder of a Class 7 limited beer wholesaler’s license. 13
551+
552+2–132.1. 14
553+
554+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person 15
555+that: 16
556+
557+ (1) is licensed outside the State to engage in the manufacture of liquor; 17
558+
559+ (2) produces in the aggregate from all of its locations not more than 100,000 18
560+gallons of liquor annually; and 19
561+
562+ (3) does not hold a nonresident dealer’s permit. 20
563+
564+ (c) (2) The permit holder shall comply with all the requirements of this article, 21
565+the Tax – General Article, and the regulations of the Comptroller OR EXECUTIVE 22
566+DIRECTOR that apply to a holder of a Class 8 limited liquor wholesaler’s license. 23
567+
568+2–132.2. 24
569+
570+ (b) The [Comptroller] EXECUTIVE DIRECTOR may grant the permit to a holder 25
571+of a Class 1 distillery license or a Class 9 limited distillery license that meets the 26
572+requirements of this section. 27
573+
574+ (f) An applicant for a permit shall complete an application on a form that the 28
575+[Comptroller] EXECUTIVE DIRECTOR provides. 29
576+ HOUSE BILL 1165 13
577+
578+
579+ (g) (1) (i) The permit holder shall notify the [Comptroller] EXECUTIVE 1
580+DIRECTOR of the permit holder’s intention to attend an event within a time period that 2
581+the [Comptroller] EXECUTIVE DIRECTOR determines. 3
582+
583+ (ii) The notice shall be on a form that the [Comptroller] EXECUTIVE 4
584+DIRECTOR provides. 5
585+
586+ (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations to 6
587+require the permit holder to notify the local licensing board for the jurisdiction where the 7
588+event is being held of the permit holder’s intention to attend the event. 8
589+
590+2–133. 9
591+
592+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a Class 4 10
593+limited winery that meets the requirements of this section. 11
594+
595+ (e) The permit may be used only: 12
596+
597+ (6) at a nonprofit beer, wine, and liquor festival that: 13
598+
599+ (i) has as its primary purpose the promotion of Maryland beer, wine, 14
600+and liquor; and 15
601+
602+ (ii) is authorized by the [Comptroller] EXECUTIVE DIRECTOR 16
603+under § 2–131 of this subtitle. 17
604+
605+ (g) (1) (i) The permit holder shall notify the [Comptroller] EXECUTIVE 18
606+DIRECTOR of the permit holder’s intention to attend an off–site event within a time period 19
607+that the [Comptroller] EXECUTIVE DIRECTOR determines. 20
608+
609+ (ii) The notice shall be on a form that the [Comptroller] EXECUTIVE 21
610+DIRECTOR provides. 22
611+
612+ (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations to 23
613+require the permit holder to notify the board of license commissioners in the county where 24
614+the event is being held of the permit holder’s intention to attend an off–site event. 25
615+
616+ (i) A person shall submit the application for the permit to the [Comptroller] 26
617+EXECUTIVE DIRECTOR on a form the [Comptroller] EXECUTIVE DIRECTOR provides. 27
618+
619+2–135. 28
620+
621+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person 29
622+that: 30
623+
624+ (1) is licensed outside the State to engage in the manufacture of wine; 31 14 HOUSE BILL 1165
625+
626+
627+
628+ (2) produces not more than 27,500 gallons of its own wine annually; and 1
629+
630+ (3) does not hold a nonresident dealer’s permit under § 2–124 of this 2
631+subtitle. 3
632+
633+ (d) The permit holder shall comply with requirements that apply to a holder of a 4
634+Class 6 limited wine wholesaler’s license under: 5
635+
636+ (1) this article; 6
637+
638+ (2) the Tax – General Article; and 7
639+
640+ (3) the regulations of the Comptroller OR THE EXECUTIVE DIRECTOR. 8
641+
642+2–136. 9
643+
644+ (b) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a 10
645+holder of a license issued by a local licensing board: 11
646+
647+ (i) that allows the license holder to sell alcoholic beverages to the 12
648+public for off–premises consumption; and 13
649+
650+ (ii) other than a chain store. 14
651+
652+2–137. 15
653+
654+ (c) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a 16
655+charitable organization. 17
656+
657+ (l) (1) Wine purchased at a charity wine auction shall be delivered to the 18
658+purchaser: 19
659+
660+ (i) at the event; or 20
661+
662+ (ii) from a licensed warehouse, licensed retail dealer’s premises, or 21
663+other premises that the [Comptroller] EXECUTIVE DIRECTOR approves. 22
664+
665+ (2) Wine delivered under this subsection is subject to applicable sales 23
666+taxes. 24
667+
668+2–138. 25
669+
670+ (d) The [Comptroller] EXECUTIVE DIRECTOR may restrict the permit holder to 26
671+the production of family–produced beer or family–produced wine. 27
672+ HOUSE BILL 1165 15
673+
674+
675+ (f) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations regarding 1
676+any activity relating to the operation of the facility, including limits on the quantities of 2
677+beer and wine produced and record keeping. 3
678+
679+2–139. 4
680+
681+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a bona 5
682+fide alcohol trade association. 6
683+
684+2–140. 7
685+
686+ (a) The [Commission] EXECUTIVE DIRECTOR may issue a brewery special 8
687+event permit to a holder of a Class 5 brewery license or a Class 8 farm brewery license. 9
688+
689+ (b) At least 15 days before holding a special event, the license holder shall obtain 10
690+a permit from the [Commission] EXECUTIVE DIRECTOR by filing a notice of the special 11
691+event on the form that the [Commission] EXECUTIVE DIRECTOR provides. 12
692+
693+ (c) The permit authorizes the license holder to conduct at the location listed on 13
694+the license a special event at which the license holder may: 14
695+
696+ (3) in a segregated area approved by the [Commission] EXECUTIVE 15
697+DIRECTOR at the location listed on the license, store the products of other Maryland 16
698+breweries. 17
699+
700+2–143. 18
701+
702+ A person shall be issued a direct wine shipper’s permit by the [Comptroller] 19
703+EXECUTIVE DIRECTOR before the person may engage in shipping wine directly to a 20
704+consumer in the State. 21
705+
706+2–145. 22
707+
708+ (a) An applicant for a direct wine shipper’s permit shall: 23
709+
710+ (1) submit to the [Comptroller] EXECUTIVE DIRECTOR a completed 24
711+application on a form that the [Comptroller] EXECUTIVE DIRECTOR provides; 25
712+
713+ (2) provide to the [Comptroller] EXECUTIVE DIRECTOR a copy of the 26
714+applicant’s current license; 27
715+
716+ (3) identify the wines manufactured by the applicant that the applicant 28
717+intends to ship into the State; and 29
718+
719+ (4) pay a fee of $200 for initial issuance of the direct wine shipper’s permit. 30
720+ 16 HOUSE BILL 1165
721+
722+
723+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall issue a direct wine shipper’s 1
724+permit to each applicant who meets the requirements of this part for the permit. 2
725+
726+2–148. 3
727+
728+ (a) A direct wine shipper shall: 4
729+
730+ (2) report to the Comptroller AND THE EXECUTIVE DIRECTOR 5
731+information about the direct wine shipper’s wine shipments, in a manner that the 6
732+Comptroller [determines] AND THE EXECUTIVE DIRECTOR DETERMINE ; 7
733+
734+ (6) allow the Comptroller AND THE EXECUTIVE DIRECTOR to perform an 8
735+audit of the direct wine shipper’s records on request; and 9
736+
737+ (7) consent to the jurisdiction of the Comptroller, THE EXECUTIVE 10
738+DIRECTOR, or other State unit and the State courts concerning enforcement of this section 11
739+and any related law. 12
740+
741+2–149. 13
742+
743+ (a) A direct wine shipper may renew its direct wine shipper’s permit each year if 14
744+the direct wine shipper: 15
745+
746+ (2) provides to the [Comptroller] EXECUTIVE DIRECTOR a copy of its 16
747+current permit; 17
748+
749+ (4) pays to the [Comptroller] EXECUTIVE DIRECTOR a renewal fee of 18
750+$200. 19
751+
752+ (b) The [Comptroller] EXECUTIVE DIRECTOR may deny a renewal application 20
753+of a direct wine shipper who fails to: 21
754+
755+ (1) file a tax return required under this part; 22
756+
757+ (2) pay a fee or tax when due; or 23
758+
759+ (3) after receiving notice, comply with this article or a regulation that the 24
760+Comptroller OR EXECUTIVE DIRECTOR adopts [under this article]. 25
761+
762+2–151. 26
763+
764+ (g) At the time of initial application for a common carrier permit and on request 27
765+of the [Comptroller] EXECUTIVE DIRECTOR, a common carrier shall submit to the 28
766+[Comptroller] EXECUTIVE DIRECTOR information concerning the training of its drivers 29
767+in verifying the age of recipients of direct wine shipments under this part. 30
768+ HOUSE BILL 1165 17
769+
770+
771+ (h) At least once each year, in a manner acceptable to the [Comptroller] 1
772+EXECUTIVE DIRECTOR, a holder of a common carrier permit shall verify that the shipper 2
773+of wine into the State under this part holds a valid direct wine shipper’s permit. 3
774+
775+2–152. 4
776+
777+ (a) A common carrier shall report quarterly to the [Comptroller] EXECUTIVE 5
778+DIRECTOR: 6
779+
780+ (1) the date of each delivery of wine in the State; and 7
781+
782+ (2) the name and address of the direct wine shipper and the receiving 8
783+consumer of each delivery. 9
784+
785+2–158. 10
786+
787+ (b) The permit authorizes the holder to conduct an alcohol awareness program as 11
788+certified by the [Comptroller] EXECUTIVE DIRECTOR under § 4–505 of this article. 12
789+
790+2–164. 13
791+
792+ (e) (2) The [Comptroller] EXECUTIVE DIRECTOR shall issue the permit 14
793+without the payment of a fee to: 15
794+
795+ (i) a charitable organization; or 16
796+
797+ (ii) a holder of a fuel–alcohol permit. 17
798+
799+2–201. 18
800+
801+ Each license specified in this subtitle is a manufacturer’s license that the 19
802+[Commission] EXECUTIVE DIRECTOR issues. 20
803+
804+2–202. 21
805+
806+ (g) At least 14 days before holding a planned promotional event after 6 p.m., a 22
807+license holder shall file a notice of the promotional event with the [Comptroller] 23
808+EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR 24
809+provides. 25
810+
811+ (k) The annual license fee: 26
812+
813+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 27
814+
815+ (2) may not exceed $2,000. 28
816+ 18 HOUSE BILL 1165
817+
818+
819+2–203. 1
820+
821+ (g) The annual license fee: 2
822+
823+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 3
824+
825+ (2) may not exceed $500. 4
826+
827+2–204. 5
828+
829+ (f) At least 14 days before holding a planned promotional event after 6 p.m., a 6
830+license holder shall file a notice of the promotional event with the [Comptroller] 7
831+EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR 8
832+provides. 9
833+
834+ (i) The annual license fee: 10
835+
836+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 11
837+
838+ (2) may not exceed $600. 12
839+
840+2–205. 13
841+
842+ (d) The annual license fee: 14
843+
844+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 15
845+
846+ (2) may not exceed $750. 16
847+
848+2–206. 17
849+
850+ (b) (3) (ii) The Secretary shall adopt regulations governing the granting of 18
851+an exemption under subparagraph (i) of this paragraph, after consultation with the 19
852+[Governor’s Wine and Grape] Advisory Commission ON MARYLAND ALCOHOL 20
853+MANUFACTURING , the Maryland Grape Growers Association, the Maryland Wineries 21
854+Association, and other interested parties. 22
855+
856+ (9) At least 14 days before holding a planned promotional event after 6 23
857+p.m., a license holder shall file a notice of the promotional event with the [Comptroller] 24
858+EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR 25
859+provides. 26
860+
861+ (d) A license holder may: 27
862+
863+ (1) store on its licensed premises, in a segregated area approved by the 28
864+[Comptroller] EXECUTIVE DIRECTOR, the product of other Class 4 limited wineries to be 29 HOUSE BILL 1165 19
865+
866+
867+used at Maryland Wineries Association promotional activities, provided records are 1
868+maintained and reports filed regarding the storage under this item as may be required by 2
869+the [Comptroller] EXECUTIVE DIRECTOR; 3
870+
871+ (2) distill and bottle not more than 1,900 gallons of pomace brandy made 4
872+from available Maryland agricultural products; 5
873+
874+ (3) purchase bulk wine fermented by a manufacturer licensed under this 6
875+article and blend the wine with the license holder’s wine and pomace brandy if the 7
876+aggregate purchase does not exceed 25% of the license holder’s annual wine and pomace 8
877+brandy production; 9
878+
879+ (4) purchase pomace brandy only for blending with wine; 10
880+
881+ (5) import, export, and transport its wine and pomace brandy in accordance 11
882+with this section; and 12
883+
884+ (6) produce wine and pomace brandy at a warehouse for which the license 13
885+holder has been issued an individual storage permit, if: 14
886+
887+ (i) the license holder does not serve or sell wine or pomace brandy 15
888+at a warehouse to the public; and 16
889+
890+ (ii) the [Comptroller] EXECUTIVE DIRECTOR has full access at all 17
891+times to the warehouse to enforce this article. 18
892+
893+ (f) If a license holder maintains the records and files the reports that the 19
894+Comptroller [requires] AND THE EXECUTIVE DIRECTOR REQUIRE , the license holder 20
895+may: 21
896+
897+ (1) in the State, conduct winemaking and packaging activities at another 22
898+federally bonded winery or limited winery; or 23
899+
900+ (2) outside the State, conduct winemaking and packaging activities, other 24
901+than fermentation, at another federally bonded winery. 25
902+
903+ (h) The annual license fee: 26
904+
905+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 27
906+
907+ (2) may not exceed $200. 28
908+
909+2–207. 29
910+
911+ (e) The annual licenses fee: 30
912+
913+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 31 20 HOUSE BILL 1165
914+
915+
916+
917+ (2) may not exceed $1,500. 1
918+
919+ (i) (1) (i) The [Commission] EXECUTIVE DIRECTOR may issue a 2
920+refillable container permit for draft beer under § 4–1104 or Subtitle 11 of the various titles 3
921+in Division II of this article to a holder of a Class 5 brewery license: 4
922+
923+ 1. on completion of an application form that the 5
924+[Commission] EXECUTIVE DIRECTOR provides; and 6
925+
926+ 2. at no cost to the holder of the Class 5 brewery license. 7
927+
928+ (ii) A refillable container permit may be renewed each year 8
929+concurrently with the renewal of the Class 5 brewery license. 9
930+
931+2–208. 10
932+
933+ (e) Except for a license transferred to a new location, the license may be 11
934+transferred under Title 4, Subtitle 3 of this article if an application for transfer is filed at 12
935+the same time with the local licensing board and the [Comptroller] EXECUTIVE 13
936+DIRECTOR. 14
937+
938+ (i) (1) On or before October 1 each year, the [Comptroller] COMMISSION 15
939+shall report to the Senate Education, Health, and Environmental Affairs Committee and 16
940+the House Economic Matters Committee, in accordance with § 2 –1257 of the State 17
941+Government Article, the total beer production of each Class 6 license holder in the 18
942+preceding fiscal year, identified by jurisdiction and license holder. 19
943+
944+ (2) Each holder of a Class 6 license shall report to the [Comptroller] 20
945+EXECUTIVE DIRECTOR the information needed to prepare the annual report required 21
946+under this subsection. 22
947+
948+ (3) The [Comptroller] COMMISSION shall include the information 23
949+reported under this subsection in the annual report submitted under § 1–316 of this article. 24
950+
951+2–209. 25
952+
953+ (i) The annual license fee: 26
954+
955+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 27
956+
957+ (2) may not exceed $500. 28
958+
959+ (j) (1) On or before October 1 each year, the [Comptroller] COMMISSION 29
960+shall report to the Senate Education, Health, and Environmental Affairs Committee and 30 HOUSE BILL 1165 21
961+
962+
963+the House Economic Matters Committee, in accordance with § 2 –1257 of the State 1
964+Government Article, on the following, identified by jurisdiction and Class 7 license holder: 2
965+
966+ (i) the total beer production of the license holder in the preceding 3
967+fiscal year; and 4
968+
969+ (ii) the total sales of the license holder for on–site consumption. 5
970+
971+ (2) Each holder of a Class 7 license shall report to the [Comptroller] 6
972+EXECUTIVE DIRECTOR the information needed to prepare the annual report required 7
973+under this subsection. 8
974+
975+ (3) The [Comptroller] COMMISSION shall include the information 9
976+reported under this subsection in the annual report submitted under § 1–306 of this article. 10
977+
978+2–210. 11
979+
980+ (c) A license holder may: 12
981+
982+ (2) store, in a segregated area approved by the [Comptroller] EXECUTIVE 13
983+DIRECTOR, beer produced by the license holder for sale and delivery to a wholesaler 14
984+licensed in the State or a person outside the State authorized to acquire the beer; 15
985+
986+ (6) store, brew, and bottle beer in a facility listed on a permit issued to the 16
987+license holder in accordance with § 2–113 of this title, for sale and delivery to a wholesaler 17
988+licensed in the State or a person outside the State authorized to acquire the beer, or 18
989+shipment back to the licensed farm, if: 19
990+
991+ (i) the license holder does not serve or sell beer at the warehouse; 20
992+and 21
993+
994+ (ii) the [Comptroller] EXECUTIVE DIRECTOR has full access at all 22
995+times to the warehouse to enforce this article; and 23
996+
997+ (i) (2) In a segregated area approved by the [Commission] EXECUTIVE 24
998+DIRECTOR at the location listed on the license, a license holder may store the products of 25
999+other Maryland breweries for the multibrewery activity. 26
1000+
1001+ (j) The annual license fee: 27
1002+
1003+ (1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and 28
1004+
1005+ (2) may not exceed $200. 29
1006+
1007+ (k) (1) On or before October 1 each year, the [Commission] EXECUTIVE 30
1008+DIRECTOR shall report to the Senate Education, Health, and Environmental Affairs 31 22 HOUSE BILL 1165
1009+
1010+
1011+Committee and the House Economic Matters Committee, in accordance with § 2–1257 of 1
1012+the State Government Article, the total beer production of each Class 8 license holder in 2
1013+the preceding fiscal year, identified by jurisdiction and license holder. 3
1014+
1015+ (2) Each holder of a Class 8 license shall report to the [Commission] 4
1016+EXECUTIVE DIRECTOR the information needed to prepare the annual report required 5
1017+under this subsection. 6
1018+
1019+ (3) The [Commission] EXECUTIVE DIRECTOR shall include the 7
1020+information reported under this subsection in the annual report submitted under § 1–316 8
1021+of this article. 9
1022+
1023+2–213. 10
1024+
1025+ (a) In addition to any license fee otherwise required under this article, an 11
1026+applicant for initial issuance of a manufacturer’s license shall pay to the [Comptroller] 12
1027+EXECUTIVE DIRECTOR a nonrefundable application fee of $200. 13
1028+
1029+ (b) In addition to any license fee otherwise required under this article, an 14
1030+applicant for renewal of a manufacturer’s license shall pay to the [Comptroller] 15
1031+EXECUTIVE DIRECTOR a renewal fee of $30. 16
1032+
1033+2–219. 17
1034+
1035+ (b) A holder of a manufacturer’s license may sell and deliver a product produced 18
1036+under the holder’s license to an individual located in the State if: 19
1037+
1038+ (4) the deliverer and the individual receiving the delivery each endorse a 20
1039+delivery form that the [Commission] EXECUTIVE DIRECTOR approves at the time of 21
1040+delivery certifying that: 22
1041+
1042+ (i) the individual receiving the delivery claimed to be at least 21 23
1043+years old and the claim was supported by documentary evidence; 24
1044+
1045+ (ii) the individual receiving the delivery knew that it is a criminal 25
1046+offense for alcoholic beverages to be given to an individual under the age of 21 years; and 26
1047+
1048+ (iii) the deliverer examined the recipient’s identification. 27
1049+
1050+ (c) A holder of a manufacturer’s license may directly ship alcohol to a consumer 28
1051+on request, if the [Commission] EXECUTIVE DIRECTOR authorizes the direct shipment 29
1052+after determining that: 30
1053+
1054+ (1) the shipment can be completed safely using a common carrier in 31
1055+accordance with other applicable laws; and 32
1056+ HOUSE BILL 1165 23
1057+
1058+
1059+ (2) all applicable sales and excise taxes are paid. 1
1060+
1061+2–301. 2
1062+
1063+ Each license specified in this title is a wholesaler’s license that the [Comptroller] 3
1064+EXECUTIVE DIRECTOR issues. 4
1065+
1066+2–302. 5
1067+
1068+ (d) The license holder may use an additional location for the warehousing, sale, 6
1069+and delivery of beer, wine, and liquor: 7
1070+
1071+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 8
1072+submission of a separate application for each location; and 9
1073+
1074+ (2) on the payment of a $2,000 fee for each additional location. 10
1075+
1076+2–303. 11
1077+
1078+ (d) The license holder may use an additional location for the warehousing, sale, 12
1079+and delivery of wine and liquor: 13
1080+
1081+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 14
1082+submission of a separate application for each location; and 15
1083+
1084+ (2) on the payment of a $1,750 fee for each additional location. 16
1085+
1086+2–304. 17
1087+
1088+ (d) The license holder may use an additional location for the warehousing, sale, 18
1089+and delivery of beer and wine: 19
1090+
1091+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 20
1092+submission of a separate application for each location; and 21
1093+
1094+ (2) on the payment of a $1,500 fee for each additional location. 22
1095+
1096+2–305. 23
1097+
1098+ (d) The license holder may use an additional location for the warehousing, sale, 24
1099+and delivery of beer: 25
1100+
1101+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 26
1102+submission of a separate application for each location; and 27
1103+
1104+ (2) on the payment of a $1,250 fee for each additional location. 28 24 HOUSE BILL 1165
1105+
1106+
1107+
1108+2–306. 1
1109+
1110+ (d) The license holder may use an additional location for the warehousing, sale, 2
1111+and delivery of wine: 3
1112+
1113+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 4
1114+submission of a separate application for each location; and 5
1115+
1116+ (2) on the payment of a $1,250 fee for each additional location. 6
1117+
1118+2–307. 7
1119+
1120+ (e) The license holder may use an additional location for the warehousing, sale, 8
1121+and delivery of wine: 9
1122+
1123+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 10
1124+submission of a separate application for each location; and 11
1125+
1126+ (2) on the payment of a $50 fee for each additional location. 12
1127+
1128+2–308. 13
1129+
1130+ (e) The license holder may use an additional location for the warehousing, sale, 14
1131+and delivery of beer: 15
1132+
1133+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 16
1134+submission of a separate application for each location; and 17
1135+
1136+ (2) on the payment of a $50 fee for each additional location. 18
1137+
1138+2–308.1. 19
1139+
1140+ (e) The license holder may use an additional location for the warehousing, sale, 20
1141+and delivery of liquor: 21
1142+
1143+ (1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following 22
1144+submission of a separate application for each location; and 23
1145+
1146+ (2) on the payment of a $100 fee for each additional location. 24
1147+
1148+2–312. 25
1149+
1150+ (a) Subject to subsection (b) of this section, a holder of a wholesaler’s license may 26
1151+directly import alcoholic beverages of the type indicated on the license from outside the 27
1152+continental limits and possessions of the United States if the brand owner provides notice 28 HOUSE BILL 1165 25
1153+
1154+
1155+to the [Comptroller] EXECUTIVE DIRECTOR of the license holder’s jurisdiction and 1
1156+authority to sell the alcoholic beverages. 2
1157+
1158+2–401. 3
1159+
1160+ A license or permit is not required for a transport plane furnished with a cocktail 4
1161+lounge or a water vessel carrying passengers or cargo to a foreign port if: 5
1162+
1163+ (1) alcoholic beverages are purchased from a manufacturer or wholesaler; 6
1164+and 7
1165+
1166+ (2) satisfactory evidence is submitted in writing to the [Comptroller] 8
1167+EXECUTIVE DIRECTOR that the alcoholic beverages are for sale or use beyond the 9
1168+continental limits and possessions of the United States. 10
1169+
1170+2–402. 11
1171+
1172+ (a) There is a Class E (water vessel) beer, wine, and liquor license issued by the 12
1173+[Comptroller] EXECUTIVE DIRECTOR. 13
1174+
1175+2–404. 14
1176+
1177+ (b) There is a Class F (railroad) beer and light wine license issued by the 15
1178+[Comptroller] EXECUTIVE DIRECTOR. 16
1179+
1180+2–405. 17
1181+
1182+ (a) There is a Class F (railroad) beer, wine, and liquor license issued by the 18
1183+[Comptroller] EXECUTIVE DIRECTOR. 19
1184+
1185+2–406. 20
1186+
1187+ (a) There is a Class G (aircraft) beer, wine, and liquor license issued by the 21
1188+[Comptroller] EXECUTIVE DIRECTOR. 22
1189+
1190+2–407. 23
1191+
1192+ (a) (1) An applicant for a Class E, Class F, or Class G license shall submit to 24
1193+the [Comptroller] EXECUTIVE DIRECTOR an application in the form that the 25
1194+[Comptroller] EXECUTIVE DIRECTOR provides. 26
1195+
1196+ (2) An application shall be made under oath. 27
1197+
1198+ (d) (1) An application shall contain: 28
1199+
1200+ (vi) a statement that the entity for which the license is sought: 29 26 HOUSE BILL 1165
1201+
1202+
1203+
1204+ 1. consents to the issuance of the license; and 1
1205+
1206+ 2. except as provided in paragraph (2) of this subsection, 2
1207+authorizes the [Comptroller] EXECUTIVE DIRECTOR to inspect and search at any time, 3
1208+without warrant, the aircraft, railroad car, or water vessel to which the license applies; 4
1209+
1210+2–408. 5
1211+
1212+ (b) (1) Before a license under subsection (a) of this section expires, the 6
1213+[Comptroller] EXECUTIVE DIRECTOR shall issue a replacement license containing the 7
1214+privileges conferred by the original license if: 8
1215+
1216+ (i) the [Comptroller] EXECUTIVE DIRECTOR receives from an 9
1217+individual on behalf of the license holder an application for the replacement license within 10
1218+10 days after the last remaining individual dies or is declared incompetent; and 11
1219+
1220+ (ii) except as provided in paragraph (2) of this subsection, the 12
1221+application is accompanied by payment of a fee of $1. 13
1222+
1223+ (2) In Frederick County, a fee may not be charged for a new license. 14
1224+
1225+ (3) A replacement license expires at the end of the license year. 15
1226+
1227+2–502. 16
1228+
1229+ (a) The [Comptroller] EXECUTIVE DIRECTOR may issue a State caterer’s 17
1230+license to a person that: 18
1231+
1232+ (1) is engaged in the business of catering; 19
1233+
1234+ (2) meets all State and local requirements for and holds all required 20
1235+licenses relating to the conduct of the catering business; 21
1236+
1237+ (3) holds any catering license that may be required under this article in the 22
1238+jurisdiction in which the person’s principal place of business is located; 23
1239+
1240+ (4) (i) holds a retail license that may be annually renewed other than a 24
1241+Class C license; or 25
1242+
1243+ (ii) does not hold a license but has a permanent office and storage 26
1244+facility for alcoholic beverages in the State; and 27
1245+
1246+ (5) meets all other requirements of this subtitle. 28
1247+
1248+2–506. 29
1249+ HOUSE BILL 1165 27
1250+
1251+
1252+ (b) If a local licensing board determines that alcoholic beverages were unlawfully 1
1253+sold or provided at a catered event: 2
1254+
1255+ (1) the local licensing board shall report its findings to the [Comptroller] 3
1256+EXECUTIVE DIRECTOR; and 4
1257+
1258+ (2) the [Comptroller] EXECUTIVE DIRECTOR shall take the action the 5
1259+[Comptroller] EXECUTIVE DIRECTOR determines is appropriate. 6
1260+
1261+3–101. 7
1262+
1263+ An application for a manufacturer’s license, wholesaler’s license, Class E (water 8
1264+vessel) license, Class F (railroad) license, Class G (airplane) license, or statewide caterer’s 9
1265+license shall be filed with the [Comptroller] EXECUTIVE DIRECTOR. 10
1266+
1267+3–107. 11
1268+
1269+ The [Comptroller] EXECUTIVE DIRECTOR may retain from the license and permit 12
1270+fees that are collected an amount to pay for: 13
1271+
1272+ (1) the cost of refunds issued in accordance with § 3–108(b) of this subtitle; 14
1273+and 15
1274+
1275+ (2) the administrative expenses incurred by the [Comptroller] 16
1276+EXECUTIVE DIRECTOR to discharge its duties under this article. 17
1277+
1278+3–108. 18
1279+
1280+ (b) A refund shall be issued to a license holder on surrender of the license if: 19
1281+
1282+ (6) the issuance of a license by the [Comptroller] EXECUTIVE DIRECTOR 20
1283+is reversed on judicial review and the operation of the establishment is prohibited, with the 21
1284+refund issued to the license holder in an amount based on the date that the refusal to grant 22
1285+the renewal becomes final; or 23
1286+
1287+3–201. 24
1288+
1289+ (a) The [Comptroller] EXECUTIVE DIRECTOR shall issue each license that 25
1290+applies statewide. 26
1291+
1292+3–202. 27
1293+
1294+ (a) On receipt of an application, the [Comptroller] EXECUTIVE DIRECTOR shall 28
1295+order an investigation of: 29
1296+
1297+ (1) the applicant; 30 28 HOUSE BILL 1165
1298+
1299+
1300+
1301+ (2) the business to be operated; and 1
1302+
1303+ (3) the statements presented in the license application. 2
1304+
1305+ (b) On completion of the investigation, the [Comptroller] EXECUTIVE 3
1306+DIRECTOR shall deny the license application: 4
1307+
1308+ (1) if the [Comptroller] EXECUTIVE DIRECTOR determines that the 5
1309+applicant: 6
1310+
1311+ (i) is not a fit person to receive the license; 7
1312+
1313+ (ii) made a material false statement in the application; or 8
1314+
1315+ (iii) acted fraudulently in connection with the application; or 9
1316+
1317+ (2) for other reasons that the [Comptroller] EXECUTIVE DIRECTOR 10
1318+considers sufficient. 11
1319+
1320+ (c) If the [Comptroller] EXECUTIVE DIRECTOR does not find cause to deny the 12
1321+license, the [Comptroller] EXECUTIVE DIRECTOR shall approve the application and issue 13
1322+the license. 14
1323+
1324+ (d) (1) In addition to any license fee otherwise required under this article, an 15
1325+applicant for the initial issuance of a manufacturer’s or wholesaler’s license under Title 2, 16
1326+Subtitle 2 or 3 of this article shall pay to the [Comptroller] EXECUTIVE DIRECTOR a 17
1327+nonrefundable application fee of $200. 18
1328+
1329+ (2) The application fee under this subsection does not apply to a license for 19
1330+which payment of an annual license fee is not otherwise required under this article. 20
1331+
1332+3–203. 21
1333+
1334+ (a) A statewide license shall be on the form that the [Comptroller] EXECUTIVE 22
1335+DIRECTOR provides. 23
1336+
1337+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall number each statewide 24
1338+license. 25
1339+
1340+3–204. 26
1341+
1342+ Except as otherwise provided in this article, a license issued by the [Comptroller] 27
1343+EXECUTIVE DIRECTOR shall be dated as of the date of issuance and shall expire on the 28
1344+next April 30 after its issuance. 29
1345+ HOUSE BILL 1165 29
1346+
1347+
1348+3–205. 1
1349+
1350+ A license issued by the [Comptroller] EXECUTIVE DIRECTOR: 2
1351+
1352+ (1) is not property and does not confer property rights; and 3
1353+
1354+ (2) is subject to: 4
1355+
1356+ (i) suspension, revocation, and restrictions authorized by law; and 5
1357+
1358+ (ii) regulations authorized under this article. 6
1359+
1360+3–206. 7
1361+
1362+ (a) The [Comptroller] EXECUTIVE DIRECTOR may issue a replacement license 8
1363+to a license holder whose license is lost or destroyed on receiving: 9
1364+
1365+ (1) an application under oath; and 10
1366+
1367+ (2) payment of a $1 fee. 11
1368+
1369+3–207. 12
1370+
1371+ (b) This section does not apply to: 13
1372+
1373+ (2) the location, if the license was denied because the [Comptroller] 14
1374+EXECUTIVE DIRECTOR determined that the applicant was not a proper person to be 15
1375+issued the license. 16
1376+
1377+3–301. 17
1378+
1379+ (b) A transfer under subsection (a) of this section may be made if: 18
1380+
1381+ (4) the [Comptroller] EXECUTIVE DIRECTOR approves the new location 19
1382+or license holder in the same way the [Comptroller] EXECUTIVE DIRECTOR approves the 20
1383+issuance of a license. 21
1384+
1385+3–302. 22
1386+
1387+ The [Comptroller] EXECUTIVE DIRECTOR may not allow the transfer of a license 23
1388+until the transferor has: 24
1389+
1390+ (1) complied with the Bulk Transfers Act under Title 6 of the Commercial 25
1391+Law Article; and 26
1392+ 30 HOUSE BILL 1165
1393+
1394+
1395+ (2) provided to the [Comptroller] EXECUTIVE DIRECTOR an affidavit 1
1396+that certifies compliance with the Bulk Transfers Act. 2
1397+
1398+3–303. 3
1399+
1400+ (a) An applicant shall pay to the [Comptroller] EXECUTIVE DIRECTOR a fee of 4
1401+$20, in addition to the costs of publication and notice, when filing an application for the 5
1402+transfer of a license. 6
1403+
1404+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall endorse on the license the 7
1405+transfer of the license if the applicant has paid the fee required under subsection (a) of this 8
1406+section. 9
1407+
1408+3–304. 10
1409+
1410+ (a) For a license issued by the [Comptroller] EXECUTIVE DIRECTOR for the use 11
1411+of a corporation or club, the license holder may substitute on the license the name of a 12
1412+different officer for the name of any officer who: 13
1413+
1414+ (1) has died; 14
1415+
1416+ (2) has retired; or 15
1417+
1418+ (3) no longer holds an office in the corporation or club. 16
1419+
1420+ (b) The license holder shall file with the [Comptroller] EXECUTIVE DIRECTOR 17
1421+an affidavit that contains: 18
1422+
1423+ (1) the substitution of the officer; 19
1424+
1425+ (2) an explanation for the substitution; and 20
1426+
1427+ (3) in the case of a corporation, a statement that the ownership of the 21
1428+corporation has not changed. 22
1429+
1430+ (c) On receipt of the affidavit and after determining that the applicant qualifies 23
1431+under this article, the [Comptroller] EXECUTIVE DIRECTOR shall: 24
1432+
1433+ (1) amend its records; and 25
1434+
1435+ (2) issue a corrected license. 26
1436+
1437+3–401. 27
1438+
1439+ (a) Subject to §§ 3–405 and 3–406 of this subtitle, a holder of an expiring license 28
1440+is entitled to an annual license renewal: 29 HOUSE BILL 1165 31
1441+
1442+
1443+
1444+ (1) on the approval of the license renewal application by the [Comptroller] 1
1445+EXECUTIVE DIRECTOR; 2
1446+
1447+ (2) on payment of the annual license fee; and 3
1448+
1449+ (3) without filing or providing more information unless specifically 4
1450+requested by the [Comptroller] EXECUTIVE DIRECTOR. 5
1451+
1452+ (b) Except as provided in §§ 3–406(a) and 3–407(c) of this subtitle, the 6
1453+[Comptroller] EXECUTIVE DIRECTOR shall consider an application for license renewal in 7
1454+the same manner as for an original application. 8
1455+
1456+ (c) (1) In addition to any license fee otherwise required under this article, an 9
1457+applicant for renewal of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2 10
1458+or 3 of this article shall pay to the [Comptroller] EXECUTIVE DIRECTOR a renewal fee of 11
1459+$30. 12
1460+
1461+ (2) The renewal fee under this subsection does not apply to a license for 13
1462+which payment of an annual license fee is not otherwise required under this article. 14
1463+
1464+3–402. 15
1465+
1466+ To renew a license, the license holder annually shall file a written application, under 16
1467+oath, with the [Comptroller] EXECUTIVE DIRECTOR. 17
1468+
1469+3–404. 18
1470+
1471+ (b) The [Comptroller] EXECUTIVE DIRECTOR may not require the consent 19
1472+statement under subsection (a)(2) of this section for a retail dealer applying for renewal if: 20
1473+
1474+ (1) the owner signed a comparable consent statement in connection with 21
1475+an original or previous license renewal application; 22
1476+
1477+ (2) the consent statement under item (1) of this subsection is in effect for 23
1478+the term of the owner’s lease with the applicant; and 24
1479+
1480+ (3) the lease does not expire during the term of the license renewal. 25
1481+
1482+3–405. 26
1483+
1484+ (b) (1) If a protest against renewing a license is filed at least 30 days before 27
1485+the license expires, the [Comptroller] EXECUTIVE DIRECTOR may not approve the 28
1486+renewal without holding a hearing. 29
1487+ 32 HOUSE BILL 1165
1488+
1489+
1490+ (2) The [Comptroller] EXECUTIVE DIRECTOR shall hear and determine 1
1491+the protest in the same manner as the [Comptroller] EXECUTIVE DIRECTOR hears and 2
1492+determines an original application. 3
1493+
1494+3–406. 4
1495+
1496+ (a) The [Comptroller] EXECUTIVE DIRECTOR: 5
1497+
1498+ (1) may not renew a license if the [Comptroller] EXECUTIVE DIRECTOR 6
1499+determines that the license holder is not qualified to obtain a license renewal; but 7
1500+
1501+ (2) shall issue to the license holder by way of renewal the class or type of 8
1502+license for which the [Comptroller] EXECUTIVE DIRECTOR determines the license holder 9
1503+is qualified. 10
1504+
1505+ (b) (1) Subject to paragraph (2) of this subsection, the [Comptroller] 11
1506+EXECUTIVE DIRECTOR shall deny a license renewal application if during the license year 12
1507+the license holder was convicted of a State or federal offense that, in the judgment of the 13
1508+[Comptroller] EXECUTIVE DIRECTOR, renders the license holder unfit or unqualified to 14
1509+obtain a renewed license. 15
1510+
1511+ (2) The [Comptroller] EXECUTIVE DIRECTOR: 16
1512+
1513+ (i) shall hold a public hearing before renewing a license under the 17
1514+circumstances described in paragraph (1) of this subsection; and 18
1515+
1516+ (ii) may inquire into all relevant facts and circumstances concerning 19
1517+the offense at the hearing. 20
1518+
1519+3–407. 21
1520+
1521+ (a) The [Comptroller] EXECUTIVE DIRECTOR may issue renewed licenses for 22
1522+the following license year between April 15 and May 1, inclusive. 23
1523+
1524+ (c) If an expiring license is subject to an order of restriction or suspension, the 24
1525+[Comptroller] EXECUTIVE DIRECTOR shall issue the corresponding license renewal 25
1526+subject to the same order. 26
1527+
1528+3–504. 27
1529+
1530+ (c) The [Comptroller] EXECUTIVE DIRECTOR: 28
1531+
1532+ (1) shall approve, certify, and issue an alcohol awareness program permit 29
1533+to each alcohol awareness program that complies with this section; and 30
1534+ HOUSE BILL 1165 33
1535+
1536+
1537+ (2) may require recertification of the approved alcohol awareness program 1
1538+to ensure compliance with changes in the program. 2
1539+
1540+ (g) The [Comptroller] EXECUTIVE DIRECTOR may decertify the alcohol 3
1541+awareness program of an alcohol awareness program provider who violates subsection (c), 4
1542+(d), or (f) of this section. 5
1543+
1544+3–601. 6
1545+
1546+ The [Comptroller] EXECUTIVE DIRECTOR may revoke or suspend a license or 7
1547+permit that the [Comptroller] EXECUTIVE DIRECTOR issues in accordance with this 8
1548+subtitle. 9
1549+
1550+3–602. 10
1551+
1552+ (a) Revocation or suspension procedures may be started: 11
1553+
1554+ (1) by the [Comptroller] EXECUTIVE DIRECTOR, at the [Comptroller’s] 12
1555+EXECUTIVE DIRECTOR’S initiative; 13
1556+
1557+ (2) on the complaint of a deputy or an inspector that the [Comptroller] 14
1558+EXECUTIVE DIRECTOR employs to administer this article; 15
1559+
1560+ (3) on the complaint of a peace officer; 16
1561+
1562+ (4) if the license holder or permit holder is located in a municipality that is 17
1563+within a county, on the complaint of the mayor and council of the municipality; or 18
1564+
1565+ (5) on the written complaint of at least 10 residents, real estate owners, or 19
1566+voters of the precinct in which the licensed premises is located. 20
1567+
1568+ (c) The [Comptroller] EXECUTIVE DIRECTOR may immediately suspend a 21
1569+license or permit for a violation of record–keeping or reporting requirements under § 1–408 22
1570+of this article. 23
1571+
1572+3–603. 24
1573+
1574+ (a) The [Comptroller] EXECUTIVE DIRECTOR may revoke or suspend a license 25
1575+or permit: 26
1576+
1577+ (1) for any reason to promote the peace or safety of the community in which 27
1578+the premises are located; or 28
1579+
1580+ (2) for offenses as provided in this article. 29
1581+ 34 HOUSE BILL 1165
1582+
1583+
1584+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall revoke a license or permit 1
1585+or, except as provided in § 3–606 of this subtitle, suspend a license or permit for: 2
1586+
1587+ (1) conviction of the license holder or permit holder for violation of this 3
1588+article or a provision of the Tax – General Article that relates to the alcoholic beverage tax; 4
1589+
1590+ (2) willful failure or refusal of the license holder or permit holder to comply 5
1591+with: 6
1592+
1593+ (i) this article or provisions of the Tax – General Article that relate 7
1594+to the alcoholic beverage tax; or 8
1595+
1596+ (ii) a regulation adopted under this article or under provisions of the 9
1597+Tax – General Article that relate to the alcoholic beverage tax; 10
1598+
1599+ (3) making a material false statement in an application for a license or 11
1600+permit; 12
1601+
1602+ (4) two or more convictions within 2 years of an agent or employee of a 13
1603+license holder or permit holder for on–premises violations of this article or provisions of the 14
1604+Tax – General Article that relate to the alcoholic beverage tax; 15
1605+
1606+ (5) on–premises possession by a retail dealer, other than a holder of a Class 16
1607+E, Class F, or Class G license, of an alcoholic beverage on which the tax imposed by § 17
1608+5–102 of the Tax – General Article has not been paid; 18
1609+
1610+ (6) violation of § 2–216 or § 2–315 of this article; 19
1611+
1612+ (7) willful failure of a license holder or permit holder to: 20
1613+
1614+ (i) keep the records required under this article or under provisions 21
1615+of the Tax – General Article that relate to the alcoholic beverage tax; or 22
1616+
1617+ (ii) allow inspection of the records by an authorized person; 23
1618+
1619+ (8) on–premises possession of an alcoholic beverage that a license holder or 24
1620+permit holder, other than a holder of a Class E, Class F, or Class G license, is not licensed 25
1621+to sell; 26
1622+
1623+ (9) revocation or suspension of a permit issued to a license holder or permit 27
1624+holder by the federal Alcohol and Tobacco Tax and Trade Bureau or for conviction of 28
1625+violating a federal law relating to alcoholic beverages; 29
1626+
1627+ (10) failure to furnish bond as required by this article within 15 days after 30
1628+notice from the Comptroller; and 31
1629+
1630+ (11) violation of § 3–604 of this subtitle. 32 HOUSE BILL 1165 35
1631+
1632+
1633+
1634+3–604. 1
1635+
1636+ (a) (1) Except as provided in paragraph (2) of this subsection, the 2
1637+[Comptroller] EXECUTIVE DIRECTOR shall revoke a license or permit if, after a hearing 3
1638+under § 3–602(b) of this subtitle, an activity listed in this section is found to have occurred 4
1639+on the licensed premises. 5
1640+
1641+3–605. 6
1642+
1643+ (a) After revoking a license or permit, the [Comptroller] EXECUTIVE 7
1644+DIRECTOR: 8
1645+
1646+ (1) may not issue another license or permit to the person whose license or 9
1647+permit is revoked; 10
1648+
1649+ (2) may not issue any license or permit for the same premises for 6 months 11
1650+after the revocation; and 12
1651+
1652+ (3) may decide not to issue another license or permit for the same premises. 13
1653+
1654+3–606. 14
1655+
1656+ (c) The [Comptroller] EXECUTIVE DIRECTOR may accept the offer of 15
1657+compromise if: 16
1658+
1659+ (1) the public welfare and morals would not be impaired by allowing the 17
1660+license holder or permit holder to operate during the period set for the suspension; and 18
1661+
1662+ (2) the payment of the money will achieve the desired disciplinary 19
1663+purposes. 20
1664+
1665+3–701. 21
1666+
1667+ (b) Except as otherwise provided in this subtitle, a license issued by the 22
1668+[Comptroller] EXECUTIVE DIRECTOR expires on the 10th day after a license holder has 23
1669+vacated or been evicted from the licensed premises. 24
1670+
1671+3–703. 25
1672+
1673+ A license issued by the [Comptroller] EXECUTIVE DIRECTOR for a premises 26
1674+acquired for public use shall expire 180 days after acquisition unless an application is 27
1675+pending or has been approved for: 28
1676+
1677+ (1) a transfer of the license to another location or another person, subject 29
1678+to Subtitle 3 of this title; or 30 36 HOUSE BILL 1165
1679+
1680+
1681+
1682+ (2) a certificate of permission or a renewal license for continuation of 1
1683+business, subject to § 3–802 of this title. 2
1684+
1685+3–704. 3
1686+
1687+ (a) The [Comptroller] EXECUTIVE DIRECTOR may postpone the expiration of a 4
1688+license that the [Comptroller] EXECUTIVE DIRECTOR issues for an additional period to 5
1689+avoid hardship. 6
1690+
1691+3–802. 7
1692+
1693+ (a) Except as provided in § 2–408 of this article, on application to the 8
1694+[Comptroller] EXECUTIVE DIRECTOR and payment of a fee of $1 by the personal 9
1695+representative or special administrator of the estate of a deceased license holder, the 10
1696+[Comptroller] EXECUTIVE DIRECTOR may grant a certificate of permission for the 11
1697+continuation of the business in the name of the personal representative or special 12
1698+administrator for the benefit of the estate of the deceased license holder. 13
1699+
1700+ (b) (1) The certificate of permission may be granted for a period not exceeding 14
1701+18 months after the date of the granted permission unless the license expires earlier. 15
1702+
1703+ (2) If the license expires earlier than 18 months after the date of the 16
1704+granted permission, the [Comptroller] EXECUTIVE DIRECTOR may issue a renewal 17
1705+license on application by the personal representative or special administrator for a period 18
1706+not exceeding 18 months after the death of the license holder. 19
1707+
1708+3–803. 20
1709+
1710+ (a) The personal representative or special administrator to whom a certificate of 21
1711+permission has been granted may apply to the [Comptroller] EXECUTIVE DIRECTOR for 22
1712+the transfer of the license for the benefit of the estate of the license holder. 23
1713+
1714+3–901. 24
1715+
1716+ A person aggrieved by a final decision of the [Comptroller] EXECUTIVE DIRECTOR 25
1717+in a contested case under this title may seek judicial review in accordance with the 26
1718+Administrative Procedure Act. 27
1719+
1720+4–108. 28
1721+
1722+ An applicant shall file a sworn application for a license with the applicable local 29
1723+licensing board on the form that the [Comptroller] EXECUTIVE DIRECTOR requires. 30
1724+
1725+4–109. 31
1726+ HOUSE BILL 1165 37
1727+
1728+
1729+ (b) The application shall also include a statement executed and acknowledged by 1
1730+the owner of the location where the business is to be conducted that: 2
1731+
1732+ (1) agrees to the issuance of the license; and 3
1733+
1734+ (2) authorizes a warrantless inspection and search of the premises at any 4
1735+time in any part of the building in which the business is to be conducted by: 5
1736+
1737+ (i) the Comptroller; 6
1738+
1739+ (ii) the [Commission] EXECUTIVE DIRECTOR; 7
1740+
1741+ (iii) the local licensing board and its authorized agents and 8
1742+employees; or 9
1743+
1744+ (iv) a peace officer of the county or municipality where the business 10
1745+is to be located. 11
1746+
1747+4–206. 12
1748+
1749+ (c) (1) A local licensing board may issue a license for use in premises in which 13
1750+more than 10,000 square feet of floor space is devoted to the sale of alcoholic beverages for 14
1751+off–premises consumption, if the local licensing board: 15
1752+
1753+ (i) holds a public hearing; 16
1754+
1755+ (ii) determines that the issuance of the license: 17
1756+
1757+ 1. would serve the public need; and 18
1758+
1759+ 2. would not adversely impact existing retail license holders 19
1760+in the immediate vicinity of the premises, including those license holders that may be in a 20
1761+contiguous county or city; and 21
1762+
1763+ (iii) obtains from the [Comptroller] EXECUTIVE DIRECTOR a 22
1764+written report in which the [Comptroller] EXECUTIVE DIRECTOR determines that the 23
1765+issuance of the license: 24
1766+
1767+ 1. would not adversely affect the orderly distribution of 25
1768+alcoholic beverages in the State; and 26
1769+
1770+ 2. would comply with all applicable provisions of this article 27
1771+relating to the issuance of multiple licenses. 28
1772+
1773+ (2) If the [Comptroller] EXECUTIVE DIRECTOR determines that an 29
1774+application submitted under this subsection does not meet the criteria provided under 30
1775+paragraph (1)(iii) of this subsection, the local licensing board may not issue the license. 31 38 HOUSE BILL 1165
1776+
1777+
1778+
1779+4–505. 1
1780+
1781+ (c) The [Comptroller] EXECUTIVE DIRECTOR: 2
1782+
1783+ (1) shall approve, certify, and issue an alcohol awareness program permit 3
1784+to each alcohol awareness program that complies with this section; and 4
1785+
1786+ (2) may require recertification of the approved alcohol awareness program 5
1787+to ensure compliance with changes in the program. 6
1788+
1789+ (g) The [Comptroller] EXECUTIVE DIRECTOR may decertify the alcohol 7
1790+awareness program of an alcohol awareness program provider who violates subsection (c), 8
1791+(d), or (f) of this section. 9
1792+
1793+4–1104. 10
1794+
1795+ (d) (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt standards 11
1796+regarding containers that qualify for use as refillable containers for beer, including 12
1797+containers originating from outside the State. 13
1798+
1799+ (3) The holder of a refillable container permit may refill a refillable 14
1800+container originating from inside or outside the State that meets the standards adopted by 15
1801+the [Comptroller] EXECUTIVE DIRECTOR under paragraph (2) of this subsection. 16
1802+
1803+4–1105. 17
1804+
1805+ (d) (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt standards 18
1806+regarding containers that qualify for use as refillable containers for wine, including 19
1807+containers originating from outside the State. 20
1808+
1809+ (3) The holder of a refillable container permit may refill a refillable 21
1810+container originating from inside or outside the State that meets the standards adopted by 22
1811+the [Comptroller] EXECUTIVE DIRECTOR under paragraph (2) of this subsection. 23
1812+
1813+4–1202. 24
1814+
1815+ (b) An application for a per diem license shall be: 25
1816+
1817+ (1) on the form that the [Comptroller] EXECUTIVE DIRECTOR requires; 26
1818+and 27
1819+
1820+ (2) signed and sworn to by the applicant. 28
1821+
1822+5–303. 29
1823+ HOUSE BILL 1165 39
1824+
1825+
1826+ (b) A keg license holder may not sell or otherwise transfer, or offer to sell or 1
1827+otherwise transfer, the contents of a keg for off–premises consumption unless: 2
1828+
1829+ (1) the keg license holder provides to the purchaser a keg registration form 3
1830+approved and distributed by the [Comptroller] EXECUTIVE DIRECTOR that is designed 4
1831+to be affixed to the keg and that indicates the name and address of the licensed 5
1832+establishment and a registration number; 6
1833+
1834+ (2) except as provided in § 26–103 of this article, the purchaser provides 7
1835+identification and completes and signs a registration form with the following information: 8
1836+
1837+ (i) the purchaser’s name and address as shown on the identification 9
1838+produced; and 10
1839+
1840+ (ii) the date of purchase; and 11
1841+
1842+ (3) the keg license holder affixes the completed registration form to the keg 12
1843+and retains a copy of the form for 30 days on the licensed premises. 13
1844+
1845+6–101. 14
1846+
1847+ (c) (2) (i) A vehicle, a vessel, or an aircraft that is seized as contraband is 15
1848+forfeited unless a protest is filed within 30 days after the publication under subparagraph 16
1849+(ii) of this paragraph. 17
1850+
1851+ (ii) The Comptroller or the [Commission] EXECUTIVE DIRECTOR, 18
1852+as appropriate: 19
1853+
1854+ 1. if possible, shall notify the registered owner of the 20
1855+property of the seizure; and 21
1856+
1857+ 2. shall publish a notice: 22
1858+
1859+ A. in a newspaper of general circulation in the county where 23
1860+the vehicle, vessel, or aircraft was seized; and 24
1861+
1862+ B. informing interested persons of the seizure and the right 25
1863+to file a protest. 26
1864+
1865+6–103. 27
1866+
1867+ A vehicle, a vessel, or an aircraft used with the express or implied knowledge or 28
1868+consent of its owner to violate a provision of this article relating to the unlawful 29
1869+manufacture of alcoholic beverages or to transport, store, or hide unlawful alcoholic 30
1870+beverages: 31
1871+
1872+ (1) is contraband; and 32 40 HOUSE BILL 1165
1873+
1874+
1875+
1876+ (2) may be seized by: 1
1877+
1878+ (i) the Comptroller or the Comptroller’s authorized enforcement 2
1879+officers; or 3
1880+
1881+ (ii) the [Commission] EXECUTIVE DIRECTOR or the 4
1882+[Commission’s] EXECUTIVE DIRECTOR’S authorized enforcement officers; and 5
1883+
1884+ (3) may be forfeited in accordance with this subtitle. 6
1885+
1886+6–104. 7
1887+
1888+ A lienholder, or other person showing a legal right, title, or interest in seized 8
1889+property not destroyed in accordance with this subtitle, may file a protest with the 9
1890+Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE : 10
1891+
1892+ (1) within 30 days after seizure of the property; or 11
1893+
1894+ (2) if the seized property is a vehicle, a vessel, or an aircraft, within 30 days 12
1895+after the publication of notice required under § 6–101(c) of this subtitle. 13
1896+
1897+6–105. 14
1898+
1899+ (b) (1) If the court determines that the property is subject to forfeiture, the 15
1900+court shall determine whether any lienholder filing a timely protest had knowledge of the 16
1901+intended unlawful use. 17
1902+
1903+ (2) If the court determines that a lienholder had knowledge, the 18
1904+lienholder’s right, title, and interest to the property is forfeited. 19
1905+
1906+ (3) If the court does not determine that a lienholder had knowledge, but 20
1907+the property is otherwise subject to forfeiture: 21
1908+
1909+ (i) the property shall be forfeited; and 22
1910+
1911+ (ii) the Comptroller or the Executive Director [of the Commission], 23
1912+as the Comptroller or Executive Director, as appropriate, considers in the best interest of 24
1913+the State, may: 25
1914+
1915+ 1. pay the outstanding indebtedness secured by the lien and 26
1916+keep the property; or 27
1917+
1918+ 2. deliver the property to the lienholder. 28
1919+
1920+6–107. 29
1921+ HOUSE BILL 1165 41
1922+
1923+
1924+ (a) Except as provided in subsection (c) of this section, forfeited property shall be 1
1925+retained for official use, sold, or otherwise disposed of by: 2
1926+
1927+ (1) the Comptroller or the Executive Director [of the Commission], as 3
1928+appropriate, if the property was seized by State officers; or 4
1929+
1930+ (2) if the property was not seized by State officers: 5
1931+
1932+ (i) the Mayor and City Council of Baltimore City; or 6
1933+
1934+ (ii) the board of county commissioners or the county council of the 7
1935+county in which the property was seized. 8
1936+
1937+ (b) The Comptroller, the Executive Director [of the Commission], the Mayor and 9
1938+City Council of Baltimore City, or the board of county commissioners or county council in 10
1939+the county where the property was seized shall retain or dispose of the property in the way 11
1940+it considers to be in the best public interest. 12
1941+
1942+6–108. 13
1943+
1944+ (b) The officer shall report the seizure and destruction conducted under this 14
1945+section to the [Field Enforcement Division of the Commission] EXECUTIVE DIRECTOR. 15
1946+
1947+6–202. 16
1948+
1949+ (a) A building, vehicle, or premises where alcoholic beverages are authorized to 17
1950+be kept, transported, manufactured, or sold under a license or permit may be inspected and 18
1951+searched, without a warrant, by: 19
1952+
1953+ (1) the Comptroller or an authorized deputy, inspector, or clerk of the 20
1954+Comptroller; 21
1955+
1956+ (2) the Executive Director [of the Commission] or an authorized deputy, 22
1957+inspector, [or] clerk [of the Commission], OR OTHER DESIGNEE OF THE EXECUTIVE 23
1958+DIRECTOR; 24
1959+
1960+ (3) the local licensing board of the county or city where the place of business 25
1961+is located or an authorized agent or employee of the local licensing board; and 26
1962+
1963+ (4) a peace officer of the county or city where the place of business is 27
1964+located. 28
1965+
1966+6–203. 29
1967+
1968+ To prevent and detect fraud by manufacturers, wholesalers, and retail dealers, the 30
1969+[Commission] EXECUTIVE DIRECTOR, the local licensing board, and an authorized 31 42 HOUSE BILL 1165
1970+
1971+
1972+deputy or inspector of the [Commission] EXECUTIVE DIRECTOR or the local licensing 1
1973+board: 2
1974+
1975+ (1) may use hydrometers, saccharometers, weighing and gauging 3
1976+instruments, or other means, records, or devices to ascertain the quantity or quality of 4
1977+alcohol in an alcoholic beverage as they consider necessary; and 5
1978+
1979+ (2) may adopt rules and regulations to establish a uniform system of 6
1980+inspection, marking, and gauging of alcoholic beverages. 7
1981+
1982+6–204. 8
1983+
1984+ (a) For a hearing or inquiry that the [Commission] EXECUTIVE DIRECTOR or a 9
1985+local licensing board may hold or make, the [Commission] EXECUTIVE DIRECTOR or a 10
1986+local licensing board may issue summonses for witnesses and administer oaths or 11
1987+affirmations to the witnesses. 12
1988+
1989+6–205. 13
1990+
1991+ (b) The powers and duties conferred on the Comptroller, the Commission, THE 14
1992+EXECUTIVE DIRECTOR, or any other State official by this article do not relieve local 15
1993+officials from the duty of enforcement or prosecution. 16
1994+
1995+6–308. 17
1996+
1997+ (a) This section does not apply to a Class 4 limited winery that brings wine or 18
1998+pomace brandy manufactured on its licensed premises onto a retail licensed premises if: 19
1999+
2000+ (3) the limited winery or winery trade association complies with any 20
2001+regulations that the [Commission] EXECUTIVE DIRECTOR adopts relating to 21
2002+on–premises promotions and product sampling; 22
2003+
2004+6–319. 23
2005+
2006+ (a) This section does not apply to a Class 4 limited winery that brings wine or 24
2007+pomace brandy manufactured on its licensed premises onto a retail licensed premises if: 25
2008+
2009+ (3) the limited winery or winery trade association complies with any 26
2010+regulations that the [Comptroller] EXECUTIVE DIRECTOR adopts relating to on–premises 27
2011+promotions and product sampling; 28
2012+
2013+6–328. 29
2014+
2015+ (a) A person may not: 30
2016+ HOUSE BILL 1165 43
2017+
2018+
2019+ (4) violate a regulation that the Comptroller or the [Commission] 1
2020+EXECUTIVE DIRECTOR adopts under this article or the Tax – General Article. 2
2021+
2022+9–102. 3
2023+
2024+ This title applies only in Allegany County. 4
2025+
2026+9–1403. 5
2027+
2028+ An application shall include: 6
2029+
2030+ (1) a statement that the applicant is at least 21 years old; 7
2031+
2032+ (2) a statement that the applicant, for the issuance or renewal of a license, 8
2033+will produce on request all records that an applicant under this article is required to keep: 9
2034+
2035+ (i) to the Comptroller, a deputy Comptroller, the county sheriff, THE 10
2036+EXECUTIVE DIRECTOR, or the police of a municipality in the county; or 11
2037+
2038+ (ii) in a proceeding before the Board or the circuit court for the 12
2039+county relating to the license or business; 13
2040+
2041+ (3) the names of two persons or the name of a bonding company authorized 14
2042+under this article who will act as a surety on the bond required by the county; 15
2043+
2044+ (4) a statement of all persons interested in the license, including the name 16
2045+of a business entity on whose behalf the license application is made; and 17
2046+
2047+ (5) certificates of receipt from the County Tax and Utility Office and the 18
2048+State Department of Assessments and Taxation, showing that, for the calendar year 19
2049+immediately before the year for which the license is to be issued, there are no unpaid taxes 20
2050+on the merchandise, fixtures, or inventory for the business due to the State, county, or 21
2051+municipality in which the licensed activity is to be carried on. 22
2052+
2053+11–102. 23
2054+
2055+ This title applies only in Anne Arundel County. 24
2056+
2057+11–206. 25
2058+
2059+ (a) (1) The Board may employ: 26
2060+
2061+ (i) one part–time deputy chief inspector at an annual salary of 27
2062+$9,000; and 28
2063+
2064+ (ii) 18 part–time inspectors at an annual salary of $7,000 each. 29
2065+ 44 HOUSE BILL 1165
2066+
2067+
2068+ (2) Each inspector shall receive a monthly expense allowance of $300, 1
2069+subject to the approval of the [Comptroller] EXECUTIVE DIRECTOR. 2
2070+
2071+11–207. 3
2072+
2073+ From the fees received, the [Comptroller] EXECUTIVE DIRECTOR shall: 4
2074+
2075+ (1) approve and remit to the county the amounts necessary to pay the 5
2076+salaries and benefits of the Board and its employees; 6
2077+
2078+ (2) approve and remit to the county the amount necessary to pay the 7
2079+expenses of the Board; and 8
2080+
2081+ (3) at the end of each fiscal year, remit the balance of the fees received to 9
2082+the county for the general purposes of the county. 10
2083+
2084+11–1406. 11
2085+
2086+ The Board shall: 12
2087+
2088+ (1) collect all license fees required under this article; 13
2089+
2090+ (2) issue all licenses in the county; and 14
2091+
2092+ (3) remit all fees collected to the [Comptroller] EXECUTIVE DIRECTOR. 15
2093+
2094+11–2102. 16
2095+
2096+ (a) (1) In addition to the revocation and suspension procedures provided under 17
2097+§ 4–603 of this article, the Board may immediately suspend a license if it is alleged by a 18
2098+person specified under paragraph (2) of this subsection that the license holder has sold or 19
2099+provided alcoholic beverages to an individual under the age of 21 years with such frequency 20
2100+and during such a limited time so as to demonstrate a willful failure to comply with § 21
2101+6–304 of this article. 22
2102+
2103+ (2) An allegation under paragraph (1) of this subsection may be made by: 23
2104+
2105+ (i) the Comptroller or an agent or employee of the Comptroller; 24
2106+
2107+ (ii) THE EXECUTIVE DIRECTOR OR AN AGENT OR EMPLOYEE OF 25
2108+THE EXECUTIVE DIRECTOR; 26
2109+
2110+ (III) the Board or an agent or employee of the Board; or 27
2111+
2112+ [(iii)] (IV) a peace officer. 28
2113+ HOUSE BILL 1165 45
2114+
2115+
2116+12–102. 1
2117+
2118+ This title applies only in Baltimore City. 2
2119+
2120+12–403. 3
2121+
2122+ (c) (2) The holder of a Class 7 micro–brewery license may brew in two locations 4
2123+using the same Class 7 micro–brewery license if the license holder: 5
2124+
2125+ (i) requests permission by submitting a written application to the 6
2126+[Comptroller] EXECUTIVE DIRECTOR; and 7
2127+
2128+ (ii) obtains written approval from the [Comptroller] EXECUTIVE 8
2129+DIRECTOR. 9
2130+
2131+ (3) Before authorizing a holder of a Class 7 micro–brewery license to brew 10
2132+in two locations using the same Class 7 micro–brewery license, the [Comptroller] 11
2133+EXECUTIVE DIRECTOR shall: 12
2134+
2135+ (i) make a determination that a second location to brew additional 13
2136+capacity is necessary due to insufficient space at the existing Class 7 license location; and 14
2137+
2138+ (ii) consider any other factor relevant to approval of the application. 15
2139+
2140+15–102. 16
2141+
2142+ This title applies only in Caroline County. 17
2143+
2144+15–1001. 18
2145+
2146+ (i) The license holder shall: 19
2147+
2148+ (1) maintain records of all catered events, on–premises and off–premises, 20
2149+where alcoholic beverages are served; and 21
2150+
2151+ (2) make the records required under paragraph (1) of this subsection 22
2152+available on request to the Board [or to], the Comptroller, OR THE EXECUTIVE 23
2153+DIRECTOR. 24
2154+
2155+15–1309. 25
2156+
2157+ (c) (2) The records shall be: 26
2158+
2159+ (i) maintained on the licensed premises for 2 years; and 27
2160+ 46 HOUSE BILL 1165
2161+
2162+
2163+ (ii) available for inspection by authorized personnel of the 1
2164+Comptroller, THE EXECUTIVE DIRECTOR, and the Board. 2
2165+
2166+ (d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and 3
2167+the Board may inspect the premises of a license holder as provided under § 6–202 of this 4
2168+article. 5
2169+
2170+16–102. 6
2171+
2172+ This title applies only in Carroll County. 7
2173+
2174+16–405. 8
2175+
2176+ (b) (4) Notwithstanding paragraph (3) of this subsection, if a micro–brewery 9
2177+was established at its licensed premises before a protected building was established within 10
2178+300 feet of the micro–brewery, the [Comptroller] EXECUTIVE DIRECTOR may renew the 11
2179+license of the micro–brewery. 12
2180+
2181+19–102. 13
2182+
2183+ This title applies only in Dorchester County. 14
2184+
2185+19–403. 15
2186+
2187+ (d) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue to a single 16
2188+applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not 17
2189+both, for a location in an enterprise zone in the county, if the applicant holds no more than 18
2190+three Class B beer, wine, and liquor licenses. 19
2191+
2192+ (2) This subsection does not limit the number of Class 6 pub–brewery 20
2193+licenses that the [Comptroller] EXECUTIVE DIRECTOR may issue in the county. 21
2194+
2195+19–404. 22
2196+
2197+ (c) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue to a single 23
2198+applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not 24
2199+both, for a location in an enterprise zone in the county, if the applicant holds no more than 25
2200+three Class B beer, wine, and liquor licenses. 26
2201+
2202+ (2) This subsection does not limit the number of Class 7 micro–brewery 27
2203+licenses that the [Comptroller] EXECUTIVE DIRECTOR may issue in the county. 28
2204+
2205+20–102. 29
2206+
2207+ This title applies only in Frederick County. 30
2208+ HOUSE BILL 1165 47
2209+
2210+
2211+20–1009. 1
2212+
2213+ (b) The Board may issue the license to a person for use in conjunction with: 2
2214+
2215+ (1) a Class 7 micro–brewery license that the person then obtains from the 3
2216+[Comptroller] EXECUTIVE DIRECTOR; or 4
2217+
2218+ (2) a Class B beer, wine, and liquor license that the person has been issued 5
2219+by the Board. 6
2220+
2221+21–102. 7
2222+
2223+ This title applies only in Garrett County. 8
2224+
2225+21–1311. 9
2226+
2227+ (c) (1) A license holder shall keep complete and accurate records of all 10
2228+alcoholic beverages purchased and sold on the licensed premises. 11
2229+
2230+ (2) The records shall be: 12
2231+
2232+ (i) maintained on the licensed premises for 2 years; and 13
2233+
2234+ (ii) available for inspection by authorized personnel of the 14
2235+Comptroller, THE EXECUTIVE DIRECTOR, and the Board. 15
2236+
2237+ (3) The records shall include a completed pre– and post–inventory of all 16
2238+alcoholic beverages for each individual event. 17
2239+
2240+ (d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and 18
2241+the Board may inspect the premises of a license holder as provided under § 6–202 of this 19
2242+article. 20
2243+
2244+23–102. 21
2245+
2246+ This title applies only in Howard County. 22
2247+
2248+23–403. 23
2249+
2250+ (b) The [Comptroller] EXECUTIVE DIRECTOR may issue the Class 7 24
2251+micro–brewery license not more than 36 months before the restaurant is complete and the 25
2252+Class B beer, wine, and liquor (on–sale) license is issued. 26
2253+
2254+23–902. 27
2255+ 48 HOUSE BILL 1165
2256+
2257+
2258+ (f) The [Comptroller] EXECUTIVE DIRECTOR may issue one Class 8 farm 1
2259+brewery license and one Class 7 micro–brewery license to a license holder that holds not 2
2260+more than five Class B and six Class BLX beer, wine, and liquor licenses. 3
2261+
2262+24–102. 4
2263+
2264+ This title applies only in Kent County. 5
2265+
2266+24–1310. 6
2267+
2268+ (c) (1) A license holder shall keep complete and accurate records of all 7
2269+alcoholic beverages purchased and sold on the licensed premises. 8
2270+
2271+ (2) The records shall be: 9
2272+
2273+ (i) maintained on the licensed premises for 2 years; and 10
2274+
2275+ (ii) available for inspection by authorized personnel of the 11
2276+Comptroller, THE EXECUTIVE DIRECTOR, and the Board. 12
2277+
2278+ (3) The records shall include a completed pre– and post–inventory of all 13
2279+alcoholic beverages for each individual event. 14
2280+
2281+ (d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and 15
2282+the Board may inspect the premises of a license holder as provided under § 6–202 of this 16
2283+article. 17
2284+
2285+25–102. 18
2286+
2287+ This title applies only in Montgomery County. 19
2288+
2289+25–314. 20
2290+
2291+ (a) A supplier may enter into an agreement with a wholesaler or an authorized 21
2292+representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt 22
2293+beverage products on retail licensed premises: 23
2294+
2295+ (3) under a plan that the [Comptroller] EXECUTIVE DIRECTOR approves. 24
2296+
2297+ (b) (1) If a wholesaler refuses to replace stale or out–of–date malt beverage 25
2298+products on retail licensed premises under the plan described in subsection (a)(3) of this 26
2299+section, the supplier may unilaterally submit a replacement plan to the [Comptroller] 27
2300+EXECUTIVE DIRECTOR for approval. 28
2301+
2302+ (2) The replacement plan that the supplier unilaterally submits to the 29
2303+[Comptroller] EXECUTIVE DIRECTOR may include the designation of an authorized 30 HOUSE BILL 1165 49
2304+
2305+
2306+representative or wholesaler outside the territory of the wholesaler who refuses to 1
2307+participate in the plan. 2
2308+
2309+25–405. 3
2310+
2311+ (c) The [Commission] EXECUTIVE DIRECTOR may not issue more than an 4
2312+aggregate amount of two Class 7 micro–brewery licenses to holders of Class D beer and 5
2313+wine licenses in the Town of Kensington. 6
2314+
2315+ (e) (2) The holder of a Class 7 micro–brewery license may brew in two locations 7
2316+using the same Class 7 micro–brewery license if the license holder: 8
2317+
2318+ (i) requests permission by submitting a written application to the 9
2319+[Commission] EXECUTIVE DIRECTOR; and 10
2320+
2321+ (ii) obtains written approval from the [Commission] EXECUTIVE 11
2322+DIRECTOR. 12
2323+
2324+ (3) Before authorizing a holder of a Class 7 micro–brewery license to brew 13
2325+in two locations using the same Class 7 micro–brewery license, the [Commission] 14
2326+EXECUTIVE DIRECTOR shall: 15
2327+
2328+ (i) make a determination that a second location to brew additional 16
2329+capacity is necessary due to insufficient space at the existing Class 7 license location; and 17
2330+
2331+ (ii) consider any other factor relevant to approval of the application. 18
2332+
2333+30–102. 19
2334+
2335+ This title applies only in Talbot County. 20
2336+
2337+30–403. 21
2338+
2339+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall specify which local license 22
2340+is the equivalent of the Class B beer, wine, and liquor license specified in § 2–208(b) of this 23
2341+article. 24
2342+
2343+30–404. 25
2344+
2345+ (b) The [Comptroller] EXECUTIVE DIRECTOR shall specify which local license 26
2346+is the equivalent of the Class B beer, wine, and liquor license specified in § 2–209(b) of this 27
2347+article. 28
2348+
2349+31–102. 29
2350+
2351+ This title applies only in Washington County. 30 50 HOUSE BILL 1165
2352+
2353+
2354+
2355+31–404. 1
2356+
2357+ (c) The [Comptroller] EXECUTIVE DIRECTOR may not issue a license for 2
2358+premises on property that has been leased unless the landlord of the property presents to 3
2359+the [Comptroller] EXECUTIVE DIRECTOR a receipt or certificate showing that there are 4
2360+no unpaid taxes due to the State, a county, or any local government from the landlord or 5
2361+any entity in which the landlord has a direct or indirect interest that: 6
2362+
2363+ (1) is proprietary; or 7
2364+
2365+ (2) has been obtained by a loan, mortgage, or lien, or in any other manner. 8
2366+
2367+31–1007. 9
2368+
2369+ (h) A license holder shall allow the [Commission] EXECUTIVE DIRECTOR or the 10
2370+[Commission’s] EXECUTIVE DIRECTOR’S designee, the Board or the Board’s designee, or 11
2371+a peace officer of the county, to inspect and search the licensed premises at any time. 12
2372+
2373+32–102. 13
2374+
2375+ This title applies only in Wicomico County. 14
2376+
2377+32–311. 15
2378+
2379+ (a) (1) The Liquor Control Board shall: 16
2380+
2381+ (i) keep accurate records of: 17
2382+
2383+ 1. all purchases of alcoholic beverages; and 18
2384+
2385+ 2. a complete statement of the business conducted by the 19
2386+Liquor Control Board and the operational achievements of the dispensary system; and 20
2387+
2388+ (ii) submit annual and monthly reports to the County Council. 21
2389+
2390+ (2) The records shall be open to inspection by the Comptroller OR THE 22
2391+EXECUTIVE DIRECTOR during regular business hours. 23
2392+
2393+32–312. 24
2394+
2395+ (a) A supplier may enter into an agreement with a wholesaler or authorized 25
2396+representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt 26
2397+beverage products on retail licensed premises: 27
2398+
2399+ (3) under a plan that the [Comptroller] EXECUTIVE DIRECTOR approves. 28 HOUSE BILL 1165 51
2400+
2401+
2402+
2403+ (b) (1) If a wholesaler refuses to replace stale or out–of–date malt beverage 1
2404+products on retail licensed premises under the plan described in subsection (a)(3) of this 2
2405+section, the supplier may unilaterally submit a replacement plan to the [Comptroller] 3
2406+EXECUTIVE DIRECTOR for approval. 4
2407+
2408+ (2) The replacement plan that the supplier unilaterally submits to the 5
2409+[Comptroller] EXECUTIVE DIRECTOR may include the designation of an authorized 6
2410+representative or wholesaler outside the territory of the wholesaler who refuses to 7
2411+participate in the plan. 8
2412+
2413+32–403. 9
2414+
2415+ (b) Before the [Comptroller] EXECUTIVE DIRECTOR may issue a Class 6 10
2416+pub–brewery license in the county, the [Comptroller] EXECUTIVE DIRECTOR shall 11
2417+forward a copy of the application to the Board. 12
2418+
2419+ (c) The Board shall: 13
2420+
2421+ (1) review the application; 14
2422+
2423+ (2) hold a public hearing on the application; and 15
2424+
2425+ (3) recommend to the [Comptroller] EXECUTIVE DIRECTOR whether or 16
2426+not to issue the license. 17
2427+
2428+32–405. 18
2429+
2430+ (a) The [Comptroller] EXECUTIVE DIRECTOR may issue one Class 6 19
2431+pub–brewery license or one Class 7 micro–brewery license, but not both, for a location in 20
2432+an enterprise zone, to a person that holds not more than five Class B beer, wine, and liquor 21
2433+licenses. 22
2434+
2435+32–1001. 23
2436+
2437+ (i) The license holder shall: 24
2438+
2439+ (1) maintain records of all catered events where alcoholic beverages are 25
2440+served; and 26
2441+
2442+ (2) make the records required under item (1) of this subsection available 27
2443+on request to the Board, THE EXECUTIVE DIRECTOR, or [to] the Comptroller. 28
2444+
2445+33–102. 29
2446+
2447+ This title applies only in Worcester County. 30 52 HOUSE BILL 1165
2448+
2449+
2450+
2451+33–309. 1
2452+
2453+ (a) (1) The Department shall keep accurate records of: 2
2454+
2455+ (i) all purchases of alcoholic beverages; and 3
2456+
2457+ (ii) a complete statement of the business conducted by the 4
2458+Department and the operational achievements of the dispensary system. 5
2459+
2460+ (2) The records shall be open to inspection by the Comptroller OR THE 6
2461+EXECUTIVE DIRECTOR during regular business hours. 7
2462+
2463+33–504. 8
2464+
2465+ (b) (1) (i) A wholesaler may not intentionally deliver beer to a retail dealer 9
2466+to whom any wholesaler has extended credit under this section if the retail dealer: 10
2467+
2468+ 1. fails to pay the balance owed or makes a payment on the 11
2469+debt by bad check; and 12
2470+
2471+ 2. is currently listed on the county beer credit control list in 13
2472+accordance with regulations that the [Comptroller] EXECUTIVE DIRECTOR issues. 14
2473+
2474+ (ii) A wholesaler who violates this paragraph is subject to a fine not 15
2475+exceeding $1,000 for each delivery. 16
2476+
2477+ (4) (i) A retail dealer may request a hearing with the [Comptroller] 17
2478+EXECUTIVE DIRECTOR within 10 days after being listed on the county beer credit control 18
2479+list for failure to comply with this section. 19
2480+
2481+ (ii) The [Comptroller] EXECUTIVE DIRECTOR shall remove 20
2482+immediately from the county beer credit control list a retail dealer who requests a hearing, 21
2483+pending the disposition of the hearing. 22
2484+
2485+ (d) The [Comptroller] EXECUTIVE DIRECTOR shall enforce subsections (a) and 23
2486+(b) of this section and shall adopt regulations to carry out those subsections. 24
2487+
2488+Article – Business Regulation 25
2489+
2490+16–308.2. 26
2491+
2492+ (a) In this section, “unpackaged cigarette” means any cigarette not contained in 27
2493+a sealed package of 20 or more cigarettes that are designed and intended to be sold as a 28
2494+unit. 29
2495+ HOUSE BILL 1165 53
2496+
2497+
2498+ (b) This section applies only in Baltimore City. 1
2499+
2500+ (c) A person who holds a county license may not sell an unpackaged cigarette. 2
2501+
2502+ (d) (1) An enforcement officer of the Tobacco Use Prevention and Cessation 3
2503+Program in the Baltimore City Health Department may enforce this section by entering 4
2504+and inspecting, at a reasonable time, the premises of a county license holder. 5
2505+
2506+ (2) An enforcement officer shall report a violation of this section to a State’s 6
2507+Attorney. 7
2508+
2509+ (e) Issuance of a citation by the Comptroller OR THE EXECUTIVE DIRECTOR for 8
2510+a violation of § 16–215 of this title precludes a prosecution for a violation under this section 9
2511+arising out of the same incident. 10
2512+
2513+17–101. 11
2514+
2515+ (a) In this title the following words have the meanings indicated. 12
2516+
2517+ (b) “Goods” means tangible personal property, items of trade, merchandise, or 13
2518+other types of products sold at wholesale or retail. 14
2519+
2520+ (c) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF THE 15
2521+ALCOHOL AND TOBACCO COMMISSION. 16
2522+
2523+ (D) “License” means a license issued under this title. 17
2524+
2525+ [(d)] (E) (1) “Sale” means the exchange or transfer, or the agreement to 18
2526+change or transfer, title or possession of goods in any manner for consideration. 19
2527+
2528+ (2) “Sale” includes barter. 20
2529+
2530+ [(e)] (F) “Sell” includes barter. 21
2531+
2532+ [(f)] (G) “Stock–in–trade” means: 22
2533+
2534+ (1) goods held for sale and reported as inventory on the Business Personal 23
2535+Property Tax Return filed with the State Department of Assessments and Taxation; or 24
2536+
2537+ (2) except for alcoholic beverages, goods held for sale and reported as 25
2538+inventory on the Business Personal Property Tax Return filed with the State Department 26
2539+of Assessments and Taxation for determining the valuation of a trader’s license under 27
2540+Subtitle 18 of this title. 28
2541+
2542+ [(g)] (H) “Trader” means a person who operates a room or other place of business 29
2543+for selling goods, including goods sold at auction. 30 54 HOUSE BILL 1165
2544+
2545+
2546+
2547+ [(h)] (I) “Trader’s license” means a license issued by the clerk to do business as 1
2548+a trader. 2
2549+
2550+17–202. 3
2551+
2552+ (a) The Comptroller OR THE EXECUTIVE DIRECTOR shall enforce this title. 4
2553+
2554+ (b) (1) The Comptroller: 5
2555+
2556+ (i) shall appoint a chief license inspector; and 6
2557+
2558+ (ii) may appoint assistant license inspectors. 7
2559+
2560+ (2) The chief license inspector and each assistant license inspector is 8
2561+entitled to: 9
2562+
2563+ (i) compensation in accordance with the State budget; and 10
2564+
2565+ (ii) reimbursement for expenses under the Standard State Travel 11
2566+Regulations, as provided in the State budget. 12
2567+
2568+ (c) The Comptroller may delegate any power or duty of the Comptroller under 13
2569+this title. 14
2570+
2571+ (d) To enforce this title, the Comptroller may make investigations and hold 15
2572+hearings on any matter covered by this title, at any time or place in the State, and, in 16
2573+connection with an investigation or hearing, may: 17
2574+
2575+ (1) administer oaths; 18
2576+
2577+ (2) examine witnesses; 19
2578+
2579+ (3) receive evidence; and 20
2580+
2581+ (4) issue subpoenas for the attendance of witnesses to testify or to produce 21
2582+evidence. 22
2583+
2584+ (e) The Comptroller shall make all license materials, including stickers, available 23
2585+to the clerks on or before April 1 each year. 24
2586+
2587+ (f) THE EXECUTIVE DIRECTOR, OR AN OFFICER OF THE FIELD 25
2588+ENFORCEMENT DIVISION OF THE ALCOHOL AND TOBACCO COMMISSION, MAY 26
2589+MAKE INVESTIGATIONS AND ISSUE CITATIONS TO ENFORCE THIS TITL E. 27
2590+
2591+ (G) The Comptroller may adopt regulations to: 28 HOUSE BILL 1165 55
2592+
2593+
2594+
2595+ (1) carry out this title; and 1
2596+
2597+ (2) define any term used in this title. 2
2598+
2599+17–2104. 3
2600+
2601+ With the approval of the Comptroller OR THE EXECUTIVE DIRECTOR, AS 4
2602+APPROPRIATE , the chief license inspector [or], an assistant license inspector, OR AN 5
2603+AGENT OF THE FIELD ENFORCEMENT DIVISION OF THE ALCOHOL AND TOBACCO 6
2604+COMMISSION shall begin proceedings to prosecute each person who: 7
2605+
2606+ (1) is required to get a license from a clerk under this title; but 8
2607+
2608+ (2) fails to get the license or to pay an adequate license fee. 9
2609+
2610+Article – Commercial Law 10
2611+
2612+11–501. 11
2613+
2614+ (a) In this subtitle the following words have the meanings indicated. 12
2615+
2616+ (b) “Basic cost of cigarettes” means the lesser of the invoice cost or the 13
2617+replacement cost of cigarettes to the retailer or wholesaler; plus any in–freight charge to 14
2618+the wholesaler otherwise not included in the invoice cost or the replacement cost; plus, for 15
2619+the wholesaler, the full face value of any applicable Maryland cigarette tax payable by the 16
2620+wholesaler; minus any trade discount or discount for cash. 17
2621+
2622+ (c) (1) “Cigarettes” means any size or shaped roll for smoking that is made of 18
2623+tobacco or tobacco mixed with another ingredient and wrapped in paper or in any other 19
2624+material except tobacco. 20
2625+
2626+ (2) “Cigarettes” does not include cigars. 21
2627+
2628+ (d) (1) “Cost to the retailer”, subject to the special cost provisions of § 11–503 22
2629+of this subtitle, means the basic cost of cigarettes to a retailer, which includes the cost to a 23
2630+wholesaler, plus a markup to cover his cost of doing business, which cost of doing business, 24
2631+in the absence of satisfactory proof of a lesser cost, is presumed to be 8 percent of the basic 25
2632+cost of cigarettes to him. 26
2633+
2634+ (2) As to each carton of 200 cigarettes, a fractional part of a cent equal to 27
2635+one–tenth of a cent or more in the cost to the retailer shall be rounded off to the next higher 28
2636+cent. 29
2637+
2638+ (e) (1) “Cost to the wholesaler”, subject to the special cost provisions of § 30
2639+11–503 of this subtitle, means the basic cost of cigarettes to a wholesaler, plus a markup to 31
2640+cover his cost of doing business, which cost of doing business: 32 56 HOUSE BILL 1165
2641+
2642+
2643+
2644+ (i) Includes the cartage cost to a retailer; and 1
2645+
2646+ (ii) In the absence of satisfactory proof of a lesser cost, is presumed 2
2647+to be 5 percent of the basic cost of cigarettes to him. 3
2648+
2649+ (2) As to each carton of 200 cigarettes, a fractional part of a cent equal to 4
2650+one–tenth of a cent or more in the cost to the wholesaler shall be rounded off to the next 5
2651+higher cent. 6
2652+
2653+ (f) (1) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF 7
2654+THE ALCOHOL AND TOBACCO COMMISSION. 8
2655+
2656+ (2) “EXECUTIVE DIRECTOR” INCLUDES A DEPUTY , AN INSPECTOR, A 9
2657+CLERK, OR ANY OTHER INDIVID UAL AUTHORIZED TO AC T BY THE EXECUTIVE 10
2658+DIRECTOR. 11
2659+
2660+ (G) “Person” includes an individual, corporation, business trust, statutory trust, 12
2661+estate, trust, partnership, association, two or more persons having a joint or common 13
2662+interest, or any other legal or commercial entity. 14
2663+
2664+ [(g)] (H) “Replacement cost” means the cost per unit for which the cigarettes 15
2665+could have been bought by the wholesaler or retailer at any time within 30 days before the 16
2666+date of sale by him if bought in the same quantity as his last purchase of the cigarettes. 17
2667+
2668+ [(h)] (I) “Retail sale of cigarettes” includes any sale whereby cigarettes are sold 18
2669+for a valuable consideration, including an exchange or barter and a sale through a vending 19
2670+machine, made in the ordinary course of trade or the usual conduct of the seller’s business 20
2671+to a purchaser for consumption or use other than resale. 21
2672+
2673+ [(i)] (J) (1) “Retailer” includes any person engaged in the business of making 22
2674+retail sales of cigarettes within the State at a store, stand, booth, or concession, through 23
2675+vending machines, or otherwise. 24
2676+
2677+ (2) If the person is engaged in the business of making both retail sales of 25
2678+cigarettes and wholesale sales of cigarettes, the word only applies to the retail sales of 26
2679+cigarettes portion of the business. 27
2680+
2681+ [(j)] (K) “Sell” includes advertise, offer to sell, or offer for sale. 28
2682+
2683+ [(k)] (L) “Vending machine operator” means a person who: 29
2684+
2685+ (1) Makes retail sales of cigarettes or has cigarettes in his possession with 30
2686+the intent to sell them exclusively at retail through the medium of a vending machine or 31
2687+any other mechanical device used for dispensing cigarettes; 32
2688+ HOUSE BILL 1165 57
2689+
2690+
2691+ (2) Owns, operates, and services vending machines or other mechanical 1
2692+devices used to dispense cigarettes on 40 or more premises; and 2
2693+
2694+ (3) Services the machines or devices by maintaining an established place 3
2695+of business for the purchase of cigarettes, including warehousing facilities for the storage 4
2696+and distribution of cigarettes. 5
2697+
2698+ [(l)] (M) (1) “Wholesale sale of cigarettes” includes any sale whereby 6
2699+cigarettes are sold for a valuable consideration, made in the ordinary course of trade or in 7
2700+the usual conduct of the seller’s business to a retailer, other than to a vending machine 8
2701+operator or to a sub–wholesaler described in subsection (m)(2) of this section, for the bona 9
2702+fide purpose of resale. 10
2703+
2704+ (2) “Wholesale sale of cigarettes” includes any transfer of cigarettes on 11
2705+consignment or otherwise, whereby title is retained by the seller as security for the payment 12
2706+of the purchase price. 13
2707+
2708+ [(m)] (N) (1) “Wholesaler” means a person who purchases cigarettes directly 14
2709+from a manufacturer. 15
2710+
2711+ (2) “Wholesaler” includes a person, who, as a sub–wholesaler: 16
2712+
2713+ (i) Purchases cigarettes from another wholesaler solely for the 17
2714+purpose of bona fide resale to retailers other than those directly or indirectly owned, 18
2715+affiliated, or controlled by him; and 19
2716+
2717+ (ii) Services the retailers by maintaining an established place of 20
2718+business for the sale of cigarettes, including warehouse facilities, adequate inventory, 21
2719+proper accounting records, and necessary equipment and vehicles for the storage and 22
2720+distribution of cigarettes. 23
2721+
2722+ (3) If the person is engaged in the business of making both wholesale sales 24
2723+of cigarettes and retail sales of cigarettes, the word only applies to the wholesale sales of 25
2724+cigarettes portion of the business. 26
2725+
2726+11–506. 27
2727+
2728+ (a) In any proceeding under this subtitle, including a proceeding relating to 28
2729+licenses before the [State Comptroller] EXECUTIVE DIRECTOR, proof of a sale by a 29
2730+retailer or a wholesaler of cigarettes or of any other item in combination or in connection 30
2731+with cigarettes at less than their cost to the retailer or their cost to the wholesaler, 31
2732+respectively, is prima facie evidence of intent to injure a competitor or to destroy or 32
2733+substantially lessen competition. 33
2734+
2735+ (b) In determining cost to the retailer or cost to the wholesaler, the [State 34
2736+Comptroller] EXECUTIVE DIRECTOR or the court shall receive and consider evidence: 35
2737+ 58 HOUSE BILL 1165
2738+
2739+
2740+ (1) That the person complained against purchased cigarettes at a fictitious 1
2741+price or on terms, in a manner, or under invoices which conceal the true costs, discounts, 2
2742+or terms of purchase; and 3
2743+
2744+ (2) Of the normal, customary, and prevailing terms and discounts in 4
2745+connection with other sales of a similar nature in the trade area. 5
2746+
2747+11–507. 6
2748+
2749+ (a) It is the duty of the [State Comptroller] EXECUTIVE DIRECTOR to enforce 7
2750+this subtitle. 8
2751+
2752+ (b) The [State Comptroller] EXECUTIVE DIRECTOR shall: 9
2753+
2754+ (1) Employ and determine the duties and compensation of the inspectors 10
2755+and other personnel necessary to enforce this subtitle; and 11
2756+
2757+ (2) Adopt reasonable rules and regulations necessary to effectuate and 12
2758+enforce the policies of this subtitle. 13
2759+
2760+11–508. 14
2761+
2762+ (a) (1) On complaint of the [State Comptroller] EXECUTIVE DIRECTOR or 15
2763+any person affected, a circuit court has jurisdiction to: 16
2764+
2765+ (i) Enjoin a retailer or wholesaler from the commission of any act 17
2766+prohibited by this subtitle; and 18
2767+
2768+ (ii) Award damages and costs. 19
2769+
2770+ (2) In an action for injunctive relief, it is not necessary for the complainant 20
2771+to allege or prove that an adequate remedy at law does not exist or that the complainant 21
2772+has suffered actual damages. 22
2773+
2774+ (b) If injunctive relief is not sought or required, an injured person may institute 23
2775+an action for damages in any court of competent jurisdiction. 24
2776+
2777+ (c) On violation of this subtitle, the [State Comptroller] EXECUTIVE DIRECTOR 25
2778+shall suspend or revoke the cigarette license of the offender required by § 16–210 of the 26
2779+Business Regulation Article. 27
2780+
2781+11–5A–01. 28
2782+
2783+ (a) In this subtitle the following words have the meanings indicated. 29
2784+ HOUSE BILL 1165 59
2785+
2786+
2787+ (b) “EXECUTIVE DIRECTOR” HAS THE MEANING STATED IN § 11–501 OF 1
2788+THIS TITLE. 2
2789+
2790+ (C) “Retailer” has the meaning stated in [§ 11–501(i)] § 11–501 of this title. 3
2791+
2792+ [(c)] (D) “Sell” has the meaning stated in [§ 11–501(j)] § 11–501 of this title. 4
2793+
2794+ [(d)] (E) “Unpackaged cigarette” means any cigarette not contained in a sealed 5
2795+package of 20 or more cigarettes. 6
2796+
2797+ [(e)] (F) “Vending machine operator” has the meaning stated in [§ 11–501(k)] § 7
2798+11–501 of this title. 8
2799+
2800+ [(f)] (G) “Wholesaler” has the meaning stated in [§ 11–501(m)] § 11–501 of this 9
2801+title. 10
2802+
2803+11–5A–03. 11
2804+
2805+ (a) The [State Comptroller] EXECUTIVE DIRECTOR shall enforce this subtitle. 12
2806+
2807+ (b) The [State Comptroller] EXECUTIVE DIRECTOR shall: 13
2808+
2809+ (1) Employ and determine the duties and compensation of the inspectors 14
2810+and other personnel necessary to enforce this subtitle; and 15
2811+
2812+ (2) Adopt reasonable regulations necessary to effectuate and enforce the 16
2813+provisions of this subtitle. 17
2814+
2815+Article – Courts and Judicial Proceedings 18
2816+
2817+5–523. 19
2818+
2819+ (a) (1) In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS 20
2820+INDICATED. 21
2821+
2822+ (2) “Comptroller” means the Comptroller of the State. 22
2823+
2824+ (3) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF 23
2825+THE ALCOHOL AND TOBACCO COMMISSION. 24
2826+
2827+ (b) If, in good faith and with reasonable grounds, the Comptroller, THE 25
2828+EXECUTIVE DIRECTOR, or a peace officer of the State seizes contraband property or a 26
2829+conveyance used to transport contraband property under § 13–835 of the Tax – General 27
2830+Article, the Comptroller, EXECUTIVE DIRECTOR, or peace officer is not civilly or 28
2831+criminally liable for the seizure. 29 60 HOUSE BILL 1165
2832+
2833+
2834+
2835+Article – Criminal Law 1
2836+
2837+10–107. 2
2838+
2839+ (b) (2) A person who distributes tobacco products for commercial purposes, 3
2840+including a person licensed under Title 16, TITLE 16.5, TITLE 16.7, OR TITLE 16.9 of the 4
2841+Business Regulation Article, may not distribute to an individual under the age of 21 years: 5
2842+
2843+ (i) a tobacco product; 6
2844+
2845+ (ii) tobacco paraphernalia; or 7
2846+
2847+ (iii) a coupon redeemable for a tobacco product. 8
2848+
2849+10–108. 9
2850+
2851+ (a) A person who distributes products containing delta –8– or 10
2852+delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title 11
2853+16.7, TITLE 16.9, or Title 17 of the Business Regulation Article, may not distribute, 12
2854+purchase for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol 13
2855+to an individual under the age of 21 years. 14
2856+
2857+Article – Health – General 15
2858+
2859+18–213. 16
2860+
2861+ (a) (5) “Law enforcement officer” means any person who, in an official 17
2862+capacity, is authorized by law to make arrests and who is a member of one of the following 18
2863+law enforcement agencies: 19
2864+
2865+ (i) The Department of State Police; 20
2866+
2867+ (ii) The Baltimore City Police Department; 21
2868+
2869+ (iii) The police department, bureau, or force of any county; 22
2870+
2871+ (iv) The police department, bureau, or force of any incorporated city 23
2872+or town; 24
2873+
2874+ (v) The office of the sheriff of any county; 25
2875+
2876+ (vi) The police department, bureau, or force of any bicounty agency 26
2877+or constituent institution of the University System of Maryland, Morgan State University, 27
2878+St. Mary’s College, or of any institution under the jurisdiction of the Maryland Higher 28
2879+Education Commission; 29
2880+ HOUSE BILL 1165 61
2881+
2882+
2883+ (vii) The Maryland Transit Administration police force of the 1
2884+Department of Transportation, the Maryland Transportation Authority Police Force, and 2
2885+the Maryland Port Administration police force of the Department of Transportation; 3
2886+
2887+ (viii) The law enforcement officers of the Department of Natural 4
2888+Resources; 5
2889+
2890+ (ix) The Field Enforcement Bureau of the Comptroller’s Office; 6
2891+
2892+ (x) THE FIELD ENFORCEMENT DIVISION OF THE ALCOHOL 7
2893+AND TOBACCO COMMISSION; 8
2894+
2895+ (XI) The Crofton Police Department; 9
2896+
2897+ [(xi)] (XII) The Intelligence and Investigative Division of the 10
2898+Department of Public Safety and Correctional Services; or 11
2899+
2900+ [(xii)] (XIII) The Ocean Pines Police Department. 12
2901+
2902+24–307. 13
2903+
2904+ (b) A person who distributes tobacco products for commercial purposes, including 14
2905+a person licensed under Title 16, TITLE 16.5, TITLE 16.7, OR TITLE 16.9 of the Business 15
2906+Regulation Article, may not distribute to an individual under the age of 21 years: 16
2907+
2908+ (1) A tobacco product; 17
2909+
2910+ (2) Tobacco paraphernalia; or 18
2911+
2912+ (3) A coupon redeemable for a tobacco product. 19
2913+
2914+ (c) (1) A person who violates subsection (b) of this section is subject to a civil 20
2915+penalty not exceeding: 21
2916+
2917+ (i) $300 for a first violation; 22
2918+
2919+ (ii) $1,000 for a second violation occurring within 24 months after 23
2920+the first violation; and 24
2921+
2922+ (iii) $3,000 for each subsequent violation occurring within 24 months 25
2923+after the preceding violation. 26
2924+
2925+ (2) The local health departments shall report violations of subsection (b) of 27
2926+this section to the [Comptroller’s Office] EXECUTIVE DIRECTOR OF THE ALCOHOL AND 28
2927+TOBACCO COMMISSION. 29
2928+ 62 HOUSE BILL 1165
2929+
2930+
2931+ (3) Issuance of a civil citation for a violation of this section precludes 1
2932+prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 2
2933+
2934+ (4) If a violation is committed by a person acting on behalf of a retailer, the 3
2935+civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 4
2936+
2937+ (f) (1) The Maryland Department of Health, in collaboration and consultation 5
2938+with the Office of the Comptroller, THE EXECUTIVE DIRECTOR OF THE ALCOHOL AND 6
2939+TOBACCO COMMISSION, local health departments, and local law enforcement agencies, 7
2940+shall develop ongoing strategies for enforcement of §§ 10–107 and 10–108 of the Criminal 8
2941+Law Article. 9
2942+
2943+Article – Tax – General 10
2944+
2945+1–101. 11
2946+
2947+ (a) In this article the following words have the meanings indicated. 12
2948+
2949+ (G–2) (1) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF 13
2950+THE ALCOHOL AND TOBACCO COMMISSION. 14
2951+
2952+ (2) “EXECUTIVE DIRECTOR” INCLUDES A DEPUTY , AN INSPECTOR , 15
2953+OR ANY OTHER INDIVID UAL ACTING W ITHIN THE SCOPE OF T HE EXECUTIVE 16
2954+DIRECTOR’S AUTHORITY. 17
2955+
2956+1–205. 18
2957+
2958+ (b) Before any license or permit issued by the Comptroller OR THE EXECUTIVE 19
2959+DIRECTOR may be renewed, the Comptroller shall verify that the applicant has paid all 20
2960+undisputed taxes and unemployment insurance contributions payable to the Comptroller 21
2961+or the Secretary of Labor or that the applicant has provided for payment in a manner 22
2962+satisfactory to the unit responsible for collection. 23
2963+
2964+2–102. 24
2965+
2966+ (b) In cooperation with the Executive Director [of the Alcohol and Tobacco 25
2967+Commission], and in addition to the duties set forth elsewhere in this article and in other 26
2968+articles of the Code, the Comptroller shall administer the laws that relate to: 27
2969+
2970+ (1) the alcoholic beverage tax; and 28
2971+
2972+ (2) the tobacco tax. 29
2973+
2974+2–103. 30
2975+
2976+ The Comptroller shall adopt reasonable regulations: 31 HOUSE BILL 1165 63
2977+
2978+
2979+
2980+ (1) to administer the provisions of the tax laws listed in § 2–102(a) of this 1
2981+subtitle; and 2
2982+
2983+ (2) in cooperation with the Executive Director [of the Alcohol and Tobacco 3
2984+Commission], to administer the provisions of the tax laws listed in § 2–102(b) of this 4
2985+subtitle. 5
2986+
2987+2–105. 6
2988+
2989+ (b) The Comptroller: 7
2990+
2991+ (1) shall determine: 8
2992+
2993+ (i) the design of tax stamps [and] OR certificates required for the 9
2994+alcoholic beverage tax and for the tobacco tax; and 10
2995+
2996+ (ii) the form of any other evidence of tax payment; and 11
2997+
2998+ (2) may adopt any other method or device that the Comptroller considers 12
2999+necessary to: 13
3000+
3001+ (i) prevent fraud or evasion of the alcoholic beverage tax; or 14
3002+
3003+ (ii) comply with any restrictions that the federal government 15
3004+imposes on alcoholic beverages during a war or an emergency. 16
3005+
3006+ (c) In cooperation with the Executive Director [of the Alcohol and Tobacco 17
3007+Commission], the Comptroller: 18
3008+
3009+ (1) shall provide tax stamps [and] OR certificates to indicate that the 19
3010+alcoholic beverage tax or tobacco tax has been paid; and 20
3011+
3012+ (2) may adopt reasonable regulations to prevent abuse but ensure the 21
3013+adequate availability of tax stamps and certificates, including regulations that: 22
3014+
3015+ (i) limit excessive disbursement of tax stamps and certificates; and 23
3016+
3017+ (ii) require proof of need for tax stamps and certificates. 24
3018+
3019+2–107. 25
3020+
3021+ (e) On or before October 1 each year, the Executive Director [of the Alcohol and 26
3022+Tobacco Commission] shall report to the General Assembly, in accordance with § 2–1257 of 27
3023+the State Government Article, on: 28
3024+ 64 HOUSE BILL 1165
3025+
3026+
3027+ (1) the aggregate number of licensed tobacco retailers that committed a 1
3028+violation of § 10–107 of the Criminal Law Article and the aggregate number of minors who 2
3029+committed a violation of § 10–107 of the Criminal Law Article during the reporting period; 3
3030+
3031+ (2) the number of prior violations for licensed tobacco retailers and minors 4
3032+that committed a violation during the reporting period; and 5
3033+
3034+ (3) the subsequent action taken by the Executive Director against each 6
3035+violator and, for each action taken, the number of violations committed by the violator. 7
3036+
3037+2–108. 8
3038+
3039+ If, in good faith and with reasonable grounds, the Comptroller, THE EXECUTIVE 9
3040+DIRECTOR, or a peace officer of the State seizes contraband property or a conveyance used 10
3041+to transport contraband property under § 13–835 of this article, the Comptroller, THE 11
3042+EXECUTIVE DIRECTOR, or peace officer shall have the immunity from liability described 12
3043+under § 5–523 of the Courts and Judicial Proceedings Article. 13
3044+
3045+2–303. 14
3046+
3047+ The Comptroller shall distribute the proceeds from sales of contraband alcoholic 15
3048+beverages and conveyances under § 13–841(a) OR (D) of this article to the General Fund. 16
3049+
3050+5–101. 17
3051+
3052+ (a) In this title the following words have the meanings indicated. 18
3053+
3054+ [(m) “Tax stamp” means a device in the design and denomination that the 19
3055+Comptroller authorizes for the purpose of being affixed to a container of distilled spirits as 20
3056+evidence that the alcoholic beverage tax is paid.] 21
3057+
3058+ [(n)] (M) (1) “Wholesaler” means a person who buys or imports an alcoholic 22
3059+beverage for sale to another person for resale. 23
3060+
3061+ (2) “Wholesaler” includes a county department of liquor control, a liquor 24
3062+control board, or the Alcohol Beverage Services for Montgomery County that operates a 25
3063+wholesale dispensary. 26
3064+
3065+ [(o)] (N) (1) “Wine” means a fermented alcoholic beverage. 27
3066+
3067+ (2) “Wine” includes: 28
3068+
3069+ (i) carbonated, flavored, imitation, sparkling, or still wine; 29
3070+
3071+ (ii) champagne; 30
3072+ HOUSE BILL 1165 65
3073+
3074+
3075+ (iii) cider; 1
3076+
3077+ (iv) fortified wine; 2
3078+
3079+ (v) perry; 3
3080+
3081+ (vi) sake; and 4
3082+
3083+ (vii) vermouth. 5
3084+
3085+12–203. 6
3086+
3087+ (b) A wholesaler shall: 7
3088+
3089+ (1) keep the records required under subsection (a) of this section for a 8
3090+period of 6 years or for a shorter period that the Comptroller authorizes; and 9
3091+
3092+ (2) allow the Comptroller OR THE EXECUTIVE DIRECTOR to examine the 10
3093+records. 11
3094+
3095+12–204. 12
3096+
3097+ (a) The Comptroller shall adopt regulations that: 13
3098+
3099+ (1) require an out–of–state seller to maintain records of the cost of 14
3100+premium cigars and pipe tobacco acquired for sale into the State; and 15
3101+
3102+ (2) specify the period for which an out–of–state seller must maintain the 16
3103+records required under item (1) of this subsection. 17
3104+
3105+ (b) An out–of–state seller shall allow the Comptroller OR THE EXECUTIVE 18
3106+DIRECTOR to examine the records maintained in accordance with subsection (a) of this 19
3107+section. 20
3108+
3109+13–710. 21
3110+
3111+ If the Comptroller, THE EXECUTIVE DIRECTOR, or any police officer seizes distilled 22
3112+spirits or mash in connection with an arrest of a person for the unlawful manufacture of 23
3113+distilled spirits in the State, on conviction of the person, the Comptroller shall assess a 24
3114+penalty of $5 for each 100 proof gallon on: 25
3115+
3116+ (1) all distilled spirits seized; or 26
3117+
3118+ (2) the potential quantity of distilled spirits that may be manufactured 27
3119+from the quantity of mash seized. 28
3120+
3121+13–835. 29 66 HOUSE BILL 1165
3122+
3123+
3124+
3125+ (a) The Comptroller, THE EXECUTIVE DIRECTOR, or a peace officer of the State 1
3126+may: 2
3127+
3128+ (1) seize contraband alcoholic beverages or contraband tobacco products in 3
3129+the State without a warrant; 4
3130+
3131+ (2) stop and search a conveyance in the State if the Comptroller, THE 5
3132+EXECUTIVE DIRECTOR, or officer knows or has reason to suspect that the conveyance is 6
3133+being used to transport in the State contraband tobacco products having a retail value of 7
3134+$100 or more or contraband alcoholic beverages; and 8
3135+
3136+ (3) seize a conveyance being used in the State to transport contraband 9
3137+alcoholic beverages or contraband tobacco products. 10
3138+
3139+13–836. 11
3140+
3141+ (a) (1) If contraband alcoholic beverages or contraband tobacco products are 12
3142+seized: 13
3143+
3144+ (i) the Comptroller, THE EXECUTIVE DIRECTOR, or police officer 14
3145+shall give a notice of seizure to the person from whom the property is seized at the time of 15
3146+the seizure; and 16
3147+
3148+ (ii) the Comptroller OR THE EXECUTIVE DIRECTOR shall: 17
3149+
3150+ 1. where possible, give a notice of seizure to the registered 18
3151+owner of a seized conveyance; and 19
3152+
3153+ 2. publish a notice of seizure of the conveyance in a 20
3154+newspaper of general circulation in the county where the seizure occurred. 21
3155+
3156+ (b) (1) A police officer who seizes a conveyance used to transport contraband 22
3157+alcoholic beverages promptly shall notify the Comptroller AND THE EXECUTIVE 23
3158+DIRECTOR of the seizure. 24
3159+
3160+ (2) A police officer who seizes any contraband tobacco products or 25
3161+conveyance used to transport contraband tobacco products shall deliver the seized 26
3162+cigarettes or other tobacco products and conveyance to the Comptroller OR THE 27
3163+EXECUTIVE DIRECTOR, AS APPROPRIATE . 28
3164+
3165+13–837. 29
3166+
3167+ The owner or another person with an interest in seized property may file a claim for 30
3168+the return of the property with the Comptroller OR THE EXECUTIVE DIRECTOR within 31
3169+30 days after: 32 HOUSE BILL 1165 67
3170+
3171+
3172+
3173+ (1) the seizure of alcoholic beverages, cigarettes, other tobacco products, 1
3174+motor fuel or conveyances used to transport motor fuel; or 2
3175+
3176+ (2) a notice of seizure of a conveyance used to transport alcoholic beverages, 3
3177+cigarettes, or other tobacco products is published. 4
3178+
3179+13–838. 5
3180+
3181+ (b) (3) Absent a finding under paragraph (2) of this subsection, the 6
3182+Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE , in the best interest of 7
3183+the State may: 8
3184+
3185+ (i) pay the outstanding indebtedness secured by the lawful lien and 9
3186+keep the property; or 10
3187+
3188+ (ii) deliver the property to the lien holder. 11
3189+
3190+13–839. 12
3191+
3192+ (a) If a person files a claim for return of seized alcoholic beverages, cigarettes, 13
3193+other tobacco products, or a conveyance used for their transportation under § 13–837 of this 14
3194+subtitle, the Comptroller, THE EXECUTIVE DIRECTOR, or [the Comptroller’s] THEIR 15
3195+designee shall: 16
3196+
3197+ (1) promptly act on the request and hold an informal hearing; 17
3198+
3199+ (2) direct the return of alcoholic beverages, cigarettes, or other tobacco 18
3200+products unless the Comptroller, THE EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR 19
3201+designee has satisfactory proof that the person was not in compliance with any provisions 20
3202+of Title 5 or Title 12 of this article at the time of seizure; and 21
3203+
3204+ (3) direct the return of the conveyance if the Comptroller , THE 22
3205+EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR designee has satisfactory proof that 23
3206+the owner of the conveyance was not willfully evading any provisions of Title 5 or Title 12 24
3207+of this article at the time of seizure. 25
3208+
3209+ (b) The Comptroller, THE EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR 26
3210+designee shall grant or deny the application for return of seized alcoholic beverages, 27
3211+cigarettes, other tobacco products, or a conveyance in accordance with subsection (a) of this 28
3212+section by mailing the person a notice of final determination. 29
3213+
3214+13–841. 30
3215+ 68 HOUSE BILL 1165
3216+
3217+
3218+ (a) (1) Contraband alcoholic beverages that are seized under this title and 1
3219+forfeited may be disposed of or destroyed in the manner allowed under §§ 6–105, 6–106, 2
3220+and 6–328 of the Alcoholic Beverages Article. 3
3221+
3222+ (2) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE , 4
3223+shall sell at public auction a conveyance that is seized under this title in connection with 5
3224+contraband alcoholic beverages and forfeited. 6
3225+
3226+ (b) (1) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE , 7
3227+shall sell contraband tobacco products seized under this title and forfeited to a State 8
3228+institution, a nonprofit charitable institution, a licensed cigarette wholesaler, or a licensed 9
3229+cigarette manufacturer in the manner the Comptroller OR EXECUTIVE DIRECTOR 10
3230+determines. 11
3231+
3232+ (2) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE , 12
3233+shall sell at public auction a conveyance that is seized under this title in connection with 13
3234+contraband tobacco products and forfeited. 14
3235+
3236+ (d) (1) In the manner required under Title 2 of this article for distributions of 15
3237+revenue, the Comptroller shall distribute the net proceeds from the sale of any conveyance 16
3238+or other property under this section after paying: 17
3239+
3240+ [(1)] (I) the costs incurred in conjunction with the seizure and disposal of 18
3241+the property; 19
3242+
3243+ [(2)] (II) the cost of the sale; and 20
3244+
3245+ [(3)] (III) any bona fide lien against the conveyance. 21
3246+
3247+ (2) IF THE EXECUTIVE DIRECTOR SELLS AT PUBLIC AUCT ION A 22
3248+CONVEYANCE OR OTHER PROPERTY SEIZED UNDE R THIS SECTION, THE EXECUTIVE 23
3249+DIRECTOR SHALL TRANSF ER THE NET PROCEEDS OF THE SAL E TO THE 24
3250+COMPTROLLER FOR DISTR IBUTION UNDER TITLE 2 OF THIS ARTICLE. 25
3251+
3252+[13–1011. 26
3253+
3254+ A person who counterfeits an alcoholic beverage tax stamp, as defined in § 5–101 of 27
3255+this article, or certificate is guilty of a crime and, on conviction, is subject to a fine not 28
3256+exceeding $10,000 or imprisonment not exceeding 5 years or both.] 29
3257+
3258+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
3259+1, 2023. 31