WES MOORE, Governor Ch. 450
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Chapter 450
(House Bill 1165)
AN ACT concerning
Alcohol and Tobacco Commission – Technical Corrections and Clarifications
FOR the purpose of correcting certain references to the Comptroller of Maryland to be the
Executive Director of the Alcohol and Tobacco Commission; clarifying certain powers
and duties of the Executive Director of the Commission relating to alcoholic
beverages regulation and enforcement; and generally relating to the Alcohol and
Tobacco Commission.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 1–101(a), 1–313(b)(2)(iii), 9–102, 11–102, 12–102, 15–102, 16–102, 19–102,
20–102, 21–102, 23–102, 24–102, 25–102, 30–102, 31–102, 32–102, and
33–102
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 1–101(ff), 1–313(b)(2)(ii)4., 1–314, 1–404, 1–406(c), 1–409(a), 1–410(a) and
(b), 2–102, 2–103, 2–106, 2–111(b) and (d), 2–113(c), 2–114(c), 2–115(b) and
(e), 2–116(b) and (g), 2–118(c), 2–119(c), 2–124(b) and (c), 2–125(b) through
(d), 2–130(b) and (g) through (i), 2–131(a), (c), (f), and (g), 2–132(b) and (c)(2),
2–132.1(b) and (c)(2), 2–132.2(b), (f), and (g), 2–133(b), (e)(6), (g), and (i),
2–135(b) and (d), 2–136(b)(1), 2–137(c) and (l), 2–138(d) and (f), 2–139(b),
2–140(a), (b), and (c)(3), 2–143, 2–145, 2–148(a)(2), (6), and (7), 2–149(a)(2)
and (4) and (b), 2–151(g) and (h), 2–152(a), 2–158(b), 2–164(e)(2), 2–201,
2–202(g) and (k), 2–203(g), 2–204(f) and (i), 2–205(d), 2–206(b)(3)(ii) and (9),
(d), (f), and (h), 2–207(e) and (i)(1), 2–208(e) and (i), 2–209(i) and (j),
2–210(c)(2) and (6), (i)(2), (j), and (k), 2–213, 2–219(b)(4) and (c), 2–301,
2–302(d), 2–303(d), 2–304(d), 2–305(d), 2–306(d), 2–307(e), 2–308(e),
2–308.1(e), 2–312(a), 2–401, 2–402(a), 2–404(b), 2–405(a), 2–406(a), 2–407(a)
and (d)(1)(vi), 2–408(b), 2–502(a), 2–506(b), 3–101, 3–107, 3–108(b)(6),
3–201(a), 3–202 through 3–205, 3–206(a), 3–207(b)(2), 3–301(b)(4), 3–302
through 3–304, 3–401, 3–402, 3–404(b), 3–405(b), 3–406, 3–407(a) and (c),
3–504(c) and (g), 3–601, 3–602(a) and (c), 3–603, 3–604(a)(1), 3–605(a),
3–606(c), 3–701(b), 3–703, 3–704(a), 3–802, 3–803(a), 3–901, 4–108, 4–109(b),
4–206(c), 4–505(c) and (g), 4–1104(d)(2) and (3), 4–1105(d)(2) and (3),
4–1202(b), 5–303(b), 6–101(c)(2), 6–103, 6–104, 6–105(b), 6–107(a) and (b),
6–108(b), 6–202(a), 6–203, 6–204(a), 6–205(b), 6–308(a)(3), 6–319(a)(3),
6–328(a)(4), 9–1403, 11–206(a), 11–207, 11–1406, 11–2102(a), 12–403(c)(2)
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
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20–1009(b), 21–1311(c) and (d), 23–403(b), 23–902(f), 24–1310(c) and (d),
25–314(a)(3) and (b), 25–405(c) and (e)(2) and (3), 30–403(b), 30–404(b),
31–404(c), 31–1007(h), 32–311(a), 32–312(a)(3) and (b), 32–403(b) and (c),
32–405(a), 32–1001(i), 33–309(a), and 33–504(b)(1) and (4) and (d)
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Business Regulation
Section 16–308.2, 17–101, 17–202, and 17–2104
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Commercial Law
Section 11–501, 11–506 through 11–508, 11–5A–01, and 11–5A–03
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 5–523
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 10–107(b)(2) and 10–108(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 18–213(a)(5) and 24–307(b), (c), and (f)(1)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Tax – General
Section 1–101(a) and 5–101(a)
Annotated Code of Maryland
(2022 Replacement Volume)
BY adding to
Article – Tax – General
Section 1–101(g–2) WES MOORE, Governor Ch. 450
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Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Tax – General
Section 1–205(b), 2–102(b), 2–103, 2–105(b) and (c), 2–107(e), 2–108, 2–303,
5–101(n) and (o), 12–203(b), 12–204, 13–710, 13–835(a), 13–836(a)(1) and
(b)(1) and (2), 13–837, 13–838(b)(3), 13–839, and 13–841(a), (b), and (d)
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing
Article – Tax – General
Section 5–101(m) and 13–1011
Annotated Code of Maryland
(2022 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages
1–101.
(a) In this article the following words have the meanings indicated.
(ff) “Tobacco” includes cigarettes regulated under Title 16 of the Business
Regulation Article and other tobacco and related products regulated under Titles 16.5
[and], 16.7, OR 16.9 of the Business Regulation Article.
1–313.
(b) (2) The officers and employees of the Field Enforcement Division:
(ii) shall have the powers, duties, and responsibilities of peace
officers to enforce the provisions of this article relating to:
4. the manufacture, sale, barter, transportation,
distribution, or other form of owning, handling, or dispersing alcoholic beverages or tobacco
by any person not licensed or authorized under this article, provisions of the Tax – General
Article relating to alcoholic beverages or tobacco, or provisions of the Business Regulation
Article relating to ALCOHOLIC BEVERAGES OR tobacco; and
(iii) may make cooperative arrangements for and work and cooperate
with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other
prosecuting and peace officers to enforce this article. Ch. 450 2023 LAWS OF MARYLAND
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1–314.
The Executive Director may delegate authority under this article, provisions of the
Tax – General Article relating to alcoholic beverages and tobacco, and provisions of the
Business Regulation Article relating to tobacco to the Division director OR A DESIGNEE to
issue or refuse to issue licenses and permits.
1–404.
Before a license or alcoholic beverages permit may be issued to an employer to engage
in an activity in which the employer may employ a covered employee, as defined in § 9–101
of the Labor and Employment Article, the employer shall file with the [Comptroller]
EXECUTIVE DIRECTOR or local licensing board:
(1) a certificate of compliance with the Maryland Workers’ Compensation
Act; or
(2) the number of a workers’ compensation insurance policy or binder.
1–406.
(c) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations covering
warehouse receipt transactions.
1–409.
(a) A local licensing board shall:
(1) maintain a record of:
(i) each license that the local licensing board issues; and
(ii) any revocation, suspension, or cancellation of a license and any
restriction imposed on a license with a brief explanation of the reason for the action; and
(2) submit the record to the [Comptroller] EXECUTIVE DIRECTOR; and
(3) allow any individual to inspect the records at the office of the local
licensing board during regular business hours.
1–410.
(a) (1) On written request of the [Comptroller] EXECUTIVE DIRECTOR, each
person, including a common carrier, that transports alcoholic beverages in the State in WES MOORE, Governor Ch. 450
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interstate or intrastate commerce shall report all consignments or deliveries of alcoholic
beverages for the period that the [Comptroller] EXECUTIVE DIRECTOR specifies.
(2) The reports shall be under oath and on the form that the [Comptroller]
EXECUTIVE DIRECTOR requires.
(b) If required by the [Comptroller] EXECUTIVE DIRECTOR, the reports shall
state:
(1) the name and address of the person to whom the delivery has been
made;
(2) the name and address of the original consignee, if alcoholic beverages
have been delivered to any person other than the originally named consignee;
(3) the point of origin;
(4) the point of delivery;
(5) the date of delivery;
(6) (i) the number and initials of each car, if the alcoholic beverages are
shipped by rail;
(ii) the name of the water vessel, if the alcoholic beverages are
shipped by water;
(iii) the license number of each truck, if the alcoholic beverages are
shipped by truck; or
(iv) the manner in which the delivery was made, if the delivery is by
other means;
(7) each kind of alcoholic beverages contained in the shipment and the
number of gallons of each kind; and
(8) any other information relative to shipments that the [Comptroller]
EXECUTIVE DIRECTOR requires.
2–102.
(a) A person shall apply to the [Comptroller] EXECUTIVE DIRECTOR for a
permit under this subtitle on the form the [Comptroller] EXECUTIVE DIRECTOR provides.
(b) The [Comptroller] EXECUTIVE DIRECTOR shall adopt regulations for
permits under this subtitle regarding: Ch. 450 2023 LAWS OF MARYLAND
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(1) the procedure for issuing permits;
(2) the purchase of alcoholic beverages; and
(3) the exercise of the privileges granted under each type of permit.
2–103.
(a) On receipt of an application, the [Comptroller] EXECUTIVE DIRECTOR shall
order an investigation of:
(1) the applicant;
(2) the business to be operated; and
(3) the statements presented in the permit application.
(b) On completion of the investigation, the [Comptroller] EXECUTIVE
DIRECTOR shall deny the permit application if in the judgment of the [Comptroller]
EXECUTIVE DIRECTOR:
(1) the applicant:
(i) is not fit to receive the permit;
(ii) made a material false statement in the application; or
(iii) committed fraud in connection with the application; or
(2) there are other reasons that the permit should not be issued.
(c) If the [Comptroller] EXECUTIVE DIRECTOR does not find cause to deny the
permit, the [Comptroller] EXECUTIVE DIRECTOR shall approve the application and issue
the permit.
2–106.
The [Comptroller] EXECUTIVE DIRECTOR may restrict, suspend, or revoke a
permit issued under this subtitle.
2–111.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person:
WES MOORE, Governor Ch. 450
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(1) whose alcoholic beverage license has expired or otherwise been
discontinued; and
(2) who applies for a permit within 60 days after the last day on which the
license was effective.
(d) (1) The permit:
(i) covers only a specific transaction; and
(ii) expires 10 days after it is issued.
(2) If the permit holder shows an undue burden, the [Comptroller]
EXECUTIVE DIRECTOR may grant a reasonable extension of the permit.
2–113.
(c) In Anne Arundel County, a retailer is required to have written approval from
the Board of License Commissioners before applying to the [Comptroller] EXECUTIVE
DIRECTOR for the permit.
2–114.
(c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of
identification for each vehicle authorized under the permit.
(2) The identification shall be kept in or on the vehicle at all times when
the vehicle transports alcoholic beverages.
2–115.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
nonresident dealer permit holder.
(e) (1) Each month the permit holder shall file a report of its storage and
shipping activities with the [Comptroller] EXECUTIVE DIRECTOR.
(2) The report shall be filed in the manner and on the form that the
[Comptroller] EXECUTIVE DIRECTOR provides.
2–116.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to an
individual who:
(1) is at least 21 years old; Ch. 450 2023 LAWS OF MARYLAND
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(2) is a resident of the State;
(3) files with the [Comptroller] EXECUTIVE DIRECTOR an inventory of
all alcoholic beverages to be sold; and
(4) certifies that all alcoholic beverages to be sold:
(i) have been acquired legally and transported into the State in
accordance with this article; and
(ii) are owned by the individual at the time of application.
(g) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations regarding
any activity relating to the permit, including record–keeping and reporting requirements.
2–118.
(c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of
identification for each vehicle authorized under the permit.
(2) The identification shall be kept in or on the vehicle at all times when
the vehicle transports alcoholic beverages.
2–119.
(c) (1) The [Comptroller] EXECUTIVE DIRECTOR shall provide a means of
identification for each vehicle authorized under the permit.
(2) The identification shall be kept in or on the vehicle at all times when
the vehicle transports alcoholic beverages.
2–124.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to:
(1) a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;
(2) a sales agent of a person described in item (1) of this subsection, on
presentation of proof of the sales agency relationship to the [Comptroller] EXECUTIVE
DIRECTOR;
(3) an importer of beer, wine, or distilled spirits produced outside the
United States that purchases directly from the brand owner or from a sales agent of a
person described in item (1) of this subsection that: WES MOORE, Governor Ch. 450
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(i) is authorized by the brand owner to sell in the State; and
(ii) provides proof of the sales agency relationship to the
[Comptroller] EXECUTIVE DIRECTOR; or
(4) an American sales agent of an importer described in item (3) of this
subsection, on presentation of proof of the sales agency relationship to the [Comptroller]
EXECUTIVE DIRECTOR.
(c) The [Comptroller] EXECUTIVE DIRECTOR may not issue the permit to a
person that:
(1) is a holder of a wholesaler’s license or retail license;
(2) has an interest in a wholesaler licensed under this article; or
(3) has an interest in any retail license holder.
2–125.
(b) (1) Subject to paragraph (2) of this subsection, the [Comptroller]
EXECUTIVE DIRECTOR may issue the permit to:
(i) an importer of beer, wine, or distilled spirits produced outside the
United States that:
1. purchases directly from the brand owner or from a sales
agent of a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;
2. is authorized by the brand owner to sell in the State; and
3. provides proof of the sales agency relationship to the
[Comptroller] EXECUTIVE DIRECTOR; or
(ii) an American sales agent of an importer under item (i) of this
paragraph, on presentation of proof of the sales agency relationship to the [Comptroller]
EXECUTIVE DIRECTOR.
(2) An individual applicant, an applicant qualifying as a resident applicant
for a corporation, or each applicant for a partnership is not eligible for the permit unless
the individual is a resident of the State at the time the application is filed and remains a
resident for the duration of time the permit is in effect.
(c) The [Comptroller] EXECUTIVE DIRECTOR may not issue the permit to a
person that: Ch. 450 2023 LAWS OF MARYLAND
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(1) is a holder of a wholesaler’s license or retail license;
(2) has an interest in a wholesaler licensed under this article; or
(3) has an interest in any retail license holder.
(d) The permit authorizes the holder to sell alcoholic beverages to:
(1) a holder of a wholesaler’s license; or
(2) a person outside the State that the [Comptroller] EXECUTIVE
DIRECTOR authorizes to acquire the alcoholic beverages.
2–130.
(b) The [Commission] EXECUTIVE DIRECTOR may issue the permit to a holder
of any of the following licenses who meets the requirements of this section:
(1) Class 1 distillery license;
(2) Class 3 winery license;
(3) Class 4 limited winery license;
(4) Class 5 brewery license;
(5) Class 7 micro–brewery license;
(6) Class 8 farm brewery license; or
(7) Class 9 limited distillery license.
(g) An applicant for a permit shall complete an application on a form that the
[Commission] EXECUTIVE DIRECTOR authorizes.
(h) The permit holder shall notify the [Commission] EXECUTIVE DIRECTOR of
the permit holder’s intention to attend an event within a period of time that the
[Commission] EXECUTIVE DIRECTOR determines on the form that the [Commission]
EXECUTIVE DIRECTOR authorizes.
(i) The [Commission] EXECUTIVE DIRECTOR may adopt regulations to require
the permit holder to notify the local licensing board of the jurisdiction where the event is
being held of the permit holder’s intention to attend the event.
WES MOORE, Governor Ch. 450
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2–131.
(a) In this section, “off–site permit” includes:
(1) a [brewing company] MANUFACTURER off–site permit; AND
(2) [a distillery off–site permit;
(3)] a retail off–site permit[; and
(4) a winery off–site permit].
(c) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
nonprofit organization, as defined by § 501(c) of the Internal Revenue Code, that meets the
requirements of this section.
(f) (1) Not less than 30 days before the nonprofit beer, wine, and liquor
festival, a person shall submit an application to the [Comptroller] EXECUTIVE
DIRECTOR.
(2) The application shall:
(i) be on a form that the [Comptroller] EXECUTIVE DIRECTOR
provides;
(ii) state that the primary purpose of the nonprofit beer, wine, and
liquor festival is to promote Maryland beer, wine, and liquor;
(iii) provide details of the nonprofit beer, wine, and liquor festival,
including the location, dates, and times of operation; and
(iv) include appropriate evidence that the applicant has been given
permission by the owner of the property where the nonprofit beer, wine, and liquor festival
is to be held.
(g) Not less than 15 days before the nonprofit beer, wine, and liquor festival, the
permit holder shall provide the [Comptroller] EXECUTIVE DIRECTOR with a list of
off–site permit holders that will attend.
2–132.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person
that:
(1) is licensed outside the State to engage in the manufacture of beer;
Ch. 450 2023 LAWS OF MARYLAND
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(2) produces in the aggregate from all of its locations not more than 22,500
barrels of beer annually; and
(3) does not hold a nonresident dealer’s permit.
(c) (2) The permit holder shall comply with all the requirements of this article,
the Tax – General Article, and the regulations of the Comptroller OR EXECUTIVE
DIRECTOR that apply to a holder of a Class 7 limited beer wholesaler’s license.
2–132.1.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person
that:
(1) is licensed outside the State to engage in the manufacture of liquor;
(2) produces in the aggregate from all of its locations not more than 100,000
gallons of liquor annually; and
(3) does not hold a nonresident dealer’s permit.
(c) (2) The permit holder shall comply with all the requirements of this article,
the Tax – General Article, and the regulations of the Comptroller OR EXECUTIVE
DIRECTOR that apply to a holder of a Class 8 limited liquor wholesaler’s license.
2–132.2.
(b) The [Comptroller] EXECUTIVE DIRECTOR may grant the permit to a holder
of a Class 1 distillery license or a Class 9 limited distillery license that meets the
requirements of this section.
(f) An applicant for a permit shall complete an application on a form that the
[Comptroller] EXECUTIVE DIRECTOR provides.
(g) (1) (i) The permit holder shall notify the [Comptroller] EXECUTIVE
DIRECTOR of the permit holder’s intention to attend an event within a time period that
the [Comptroller] EXECUTIVE DIRECTOR determines.
(ii) The notice shall be on a form that the [Comptroller] EXECUTIVE
DIRECTOR provides.
(2) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations to
require the permit holder to notify the local licensing board for the jurisdiction where the
event is being held of the permit holder’s intention to attend the event.
WES MOORE, Governor Ch. 450
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2–133.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a Class 4
limited winery that meets the requirements of this section.
(e) The permit may be used only:
(6) at a nonprofit beer, wine, and liquor festival that:
(i) has as its primary purpose the promotion of Maryland beer, wine,
and liquor; and
(ii) is authorized by the [Comptroller] EXECUTIVE DIRECTOR
under § 2–131 of this subtitle.
(g) (1) (i) The permit holder shall notify the [Comptroller] EXECUTIVE
DIRECTOR of the permit holder’s intention to attend an off–site event within a time period
that the [Comptroller] EXECUTIVE DIRECTOR determines.
(ii) The notice shall be on a form that the [Comptroller] EXECUTIVE
DIRECTOR provides.
(2) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations to
require the permit holder to notify the board of license commissioners in the county where
the event is being held of the permit holder’s intention to attend an off–site event.
(i) A person shall submit the application for the permit to the [Comptroller]
EXECUTIVE DIRECTOR on a form the [Comptroller] EXECUTIVE DIRECTOR provides.
2–135.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a person
that:
(1) is licensed outside the State to engage in the manufacture of wine;
(2) produces not more than 27,500 gallons of its own wine annually; and
(3) does not hold a nonresident dealer’s permit under § 2–124 of this
subtitle.
(d) The permit holder shall comply with requirements that apply to a holder of a
Class 6 limited wine wholesaler’s license under:
(1) this article;
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(2) the Tax – General Article; and
(3) the regulations of the Comptroller OR THE EXECUTIVE DIRECTOR.
2–136.
(b) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
holder of a license issued by a local licensing board:
(i) that allows the license holder to sell alcoholic beverages to the
public for off–premises consumption; and
(ii) other than a chain store.
2–137.
(c) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a
charitable organization.
(l) (1) Wine purchased at a charity wine auction shall be delivered to the
purchaser:
(i) at the event; or
(ii) from a licensed warehouse, licensed retail dealer’s premises, or
other premises that the [Comptroller] EXECUTIVE DIRECTOR approves.
(2) Wine delivered under this subsection is subject to applicable sales
taxes.
2–138.
(d) The [Comptroller] EXECUTIVE DIRECTOR may restrict the permit holder to
the production of family–produced beer or family–produced wine.
(f) The [Comptroller] EXECUTIVE DIRECTOR may adopt regulations regarding
any activity relating to the operation of the facility, including limits on the quantities of
beer and wine produced and record keeping.
2–139.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the permit to a bona
fide alcohol trade association.
2–140. WES MOORE, Governor Ch. 450
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(a) The [Commission] EXECUTIVE DIRECTOR may issue a brewery special
event permit to a holder of a Class 5 brewery license or a Class 8 farm brewery license.
(b) At least 15 days before holding a special event, the license holder shall obtain
a permit from the [Commission] EXECUTIVE DIRECTOR by filing a notice of the special
event on the form that the [Commission] EXECUTIVE DIRECTOR provides.
(c) The permit authorizes the license holder to conduct at the location listed on
the license a special event at which the license holder may:
(3) in a segregated area approved by the [Commission] EXECUTIVE
DIRECTOR at the location listed on the license, store the products of other Maryland
breweries.
2–143.
A person shall be issued a direct wine shipper’s permit by the [Comptroller]
EXECUTIVE DIRECTOR before the person may engage in shipping wine directly to a
consumer in the State.
2–145.
(a) An applicant for a direct wine shipper’s permit shall:
(1) submit to the [Comptroller] EXECUTIVE DIRECTOR a completed
application on a form that the [Comptroller] EXECUTIVE DIRECTOR provides;
(2) provide to the [Comptroller] EXECUTIVE DIRECTOR a copy of the
applicant’s current license;
(3) identify the wines manufactured by the applicant that the applicant
intends to ship into the State; and
(4) pay a fee of $200 for initial issuance of the direct wine shipper’s permit.
(b) The [Comptroller] EXECUTIVE DIRECTOR shall issue a direct wine shipper’s
permit to each applicant who meets the requirements of this part for the permit.
2–148.
(a) A direct wine shipper shall:
Ch. 450 2023 LAWS OF MARYLAND
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(2) report to the Comptroller AND THE EXECUTIVE DIRECTOR
information about the direct wine shipper’s wine shipments, in a manner that the
Comptroller [determines] AND THE EXECUTIVE DIRECTOR DETERMINE ;
(6) allow the Comptroller AND THE EXECUTIVE DIRECTOR to perform an
audit of the direct wine shipper’s records on request; and
(7) consent to the jurisdiction of the Comptroller, THE EXECUTIVE
DIRECTOR, or other State unit and the State courts concerning enforcement of this section
and any related law.
2–149.
(a) A direct wine shipper may renew its direct wine shipper’s permit each year if
the direct wine shipper:
(2) provides to the [Comptroller] EXECUTIVE DIRECTOR a copy of its
current permit;
(4) pays to the [Comptroller] EXECUTIVE DIRECTOR a renewal fee of
$200.
(b) The [Comptroller] EXECUTIVE DIRECTOR may deny a renewal application
of a direct wine shipper who fails to:
(1) file a tax return required under this part;
(2) pay a fee or tax when due; or
(3) after receiving notice, comply with this article or a regulation that the
Comptroller OR EXECUTIVE DIRECTOR adopts [under this article].
2–151.
(g) At the time of initial application for a common carrier permit and on request
of the [Comptroller] EXECUTIVE DIRECTOR, a common carrier shall submit to the
[Comptroller] EXECUTIVE DIRECTOR information concerning the training of its drivers
in verifying the age of recipients of direct wine shipments under this part.
(h) At least once each year, in a manner acceptable to the [Comptroller]
EXECUTIVE DIRECTOR, a holder of a common carrier permit shall verify that the shipper
of wine into the State under this part holds a valid direct wine shipper’s permit.
2–152.
WES MOORE, Governor Ch. 450
– 17 –
(a) A common carrier shall report quarterly to the [Comptroller] EXECUTIVE
DIRECTOR:
(1) the date of each delivery of wine in the State; and
(2) the name and address of the direct wine shipper and the receiving
consumer of each delivery.
2–158.
(b) The permit authorizes the holder to conduct an alcohol awareness program as
certified by the [Comptroller] EXECUTIVE DIRECTOR under § 4–505 of this article.
2–164.
(e) (2) The [Comptroller] EXECUTIVE DIRECTOR shall issue the permit
without the payment of a fee to:
(i) a charitable organization; or
(ii) a holder of a fuel–alcohol permit.
2–201.
Each license specified in this subtitle is a manufacturer’s license that the
[Commission] EXECUTIVE DIRECTOR issues.
2–202.
(g) At least 14 days before holding a planned promotional event after 6 p.m., a
license holder shall file a notice of the promotional event with the [Comptroller]
EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR
provides.
(k) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $2,000.
2–203.
(g) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
Ch. 450 2023 LAWS OF MARYLAND
– 18 –
(2) may not exceed $500.
2–204.
(f) At least 14 days before holding a planned promotional event after 6 p.m., a
license holder shall file a notice of the promotional event with the [Comptroller]
EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR
provides.
(i) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $600.
2–205.
(d) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $750.
2–206.
(b) (3) (ii) The Secretary shall adopt regulations governing the granting of
an exemption under subparagraph (i) of this paragraph, after consultation with the
[Governor’s Wine and Grape] Advisory Commission ON MARYLAND ALCOHOL
MANUFACTURING , the Maryland Grape Growers Association, the Maryland Wineries
Association, and other interested parties.
(9) At least 14 days before holding a planned promotional event after 6
p.m., a license holder shall file a notice of the promotional event with the [Comptroller]
EXECUTIVE DIRECTOR on the form that the [Comptroller] EXECUTIVE DIRECTOR
provides.
(d) A license holder may:
(1) store on its licensed premises, in a segregated area approved by the
[Comptroller] EXECUTIVE DIRECTOR, the product of other Class 4 limited wineries to be
used at Maryland Wineries Association promotional activities, provided records are
maintained and reports filed regarding the storage under this item as may be required by
the [Comptroller] EXECUTIVE DIRECTOR;
WES MOORE, Governor Ch. 450
– 19 –
(2) distill and bottle not more than 1,900 gallons of pomace brandy made
from available Maryland agricultural products;
(3) purchase bulk wine fermented by a manufacturer licensed under this
article and blend the wine with the license holder’s wine and pomace brandy if the
aggregate purchase does not exceed 25% of the license holder’s annual wine and pomace
brandy production;
(4) purchase pomace brandy only for blending with wine;
(5) import, export, and transport its wine and pomace brandy in accordance
with this section; and
(6) produce wine and pomace brandy at a warehouse for which the license
holder has been issued an individual storage permit, if:
(i) the license holder does not serve or sell wine or pomace brandy
at a warehouse to the public; and
(ii) the [Comptroller] EXECUTIVE DIRECTOR has full access at all
times to the warehouse to enforce this article.
(f) If a license holder maintains the records and files the reports that the
Comptroller [requires] AND THE EXECUTIVE DIRECTOR REQUIRE , the license holder
may:
(1) in the State, conduct winemaking and packaging activities at another
federally bonded winery or limited winery; or
(2) outside the State, conduct winemaking and packaging activities, other
than fermentation, at another federally bonded winery.
(h) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $200.
2–207.
(e) The annual licenses fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $1,500.
Ch. 450 2023 LAWS OF MARYLAND
– 20 –
(i) (1) (i) The [Commission] EXECUTIVE DIRECTOR may issue a
refillable container permit for draft beer under § 4–1104 or Subtitle 11 of the various titles
in Division II of this article to a holder of a Class 5 brewery license:
1. on completion of an application form that the
[Commission] EXECUTIVE DIRECTOR provides; and
2. at no cost to the holder of the Class 5 brewery license.
(ii) A refillable container permit may be renewed each year
concurrently with the renewal of the Class 5 brewery license.
2–208.
(e) Except for a license transferred to a new location, the license may be
transferred under Title 4, Subtitle 3 of this article if an application for transfer is filed at
the same time with the local licensing board and the [Comptroller] EXECUTIVE
DIRECTOR.
(i) (1) On or before October 1 each year, the [Comptroller] COMMISSION
shall report to the Senate Education, Health, and Environmental Affairs Committee and
the House Economic Matters Committee, in accordance with § 2 –1257 of the State
Government Article, the total beer production of each Class 6 license holder in the
preceding fiscal year, identified by jurisdiction and license holder.
(2) Each holder of a Class 6 license shall report to the [Comptroller]
EXECUTIVE DIRECTOR the information needed to prepare the annual report required
under this subsection.
(3) The [Comptroller] COMMISSION shall include the information
reported under this subsection in the annual report submitted under § 1–316 of this article.
2–209.
(i) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $500.
(j) (1) On or before October 1 each year, the [Comptroller] COMMISSION
shall report to the Senate Education, Health, and Environmental Affairs Committee and
the House Economic Matters Committee, in accordance with § 2 –1257 of the State
Government Article, on the following, identified by jurisdiction and Class 7 license holder:
WES MOORE, Governor Ch. 450
– 21 –
(i) the total beer production of the license holder in the preceding
fiscal year; and
(ii) the total sales of the license holder for on–site consumption.
(2) Each holder of a Class 7 license shall report to the [Comptroller]
EXECUTIVE DIRECTOR the information needed to prepare the annual report required
under this subsection.
(3) The [Comptroller] COMMISSION shall include the information
reported under this subsection in the annual report submitted under § 1–306 of this article.
2–210.
(c) A license holder may:
(2) store, in a segregated area approved by the [Comptroller] EXECUTIVE
DIRECTOR, beer produced by the license holder for sale and delivery to a wholesaler
licensed in the State or a person outside the State authorized to acquire the beer;
(6) store, brew, and bottle beer in a facility listed on a permit issued to the
license holder in accordance with § 2–113 of this title, for sale and delivery to a wholesaler
licensed in the State or a person outside the State authorized to acquire the beer, or
shipment back to the licensed farm, if:
(i) the license holder does not serve or sell beer at the warehouse;
and
(ii) the [Comptroller] EXECUTIVE DIRECTOR has full access at all
times to the warehouse to enforce this article; and
(i) (2) In a segregated area approved by the [Commission] EXECUTIVE
DIRECTOR at the location listed on the license, a license holder may store the products of
other Maryland breweries for the multibrewery activity.
(j) The annual license fee:
(1) shall be determined by the [Commission] EXECUTIVE DIRECTOR; and
(2) may not exceed $200.
(k) (1) On or before October 1 each year, the [Commission] EXECUTIVE
DIRECTOR shall report to the Senate Education, Health, and Environmental Affairs
Committee and the House Economic Matters Committee, in accordance with § 2–1257 of
the State Government Article, the total beer production of each Class 8 license holder in
the preceding fiscal year, identified by jurisdiction and license holder. Ch. 450 2023 LAWS OF MARYLAND
– 22 –
(2) Each holder of a Class 8 license shall report to the [Commission]
EXECUTIVE DIRECTOR the information needed to prepare the annual report required
under this subsection.
(3) The [Commission] EXECUTIVE DIRECTOR shall include the
information reported under this subsection in the annual report submitted under § 1–316
of this article.
2–213.
(a) In addition to any license fee otherwise required under this article, an
applicant for initial issuance of a manufacturer’s license shall pay to the [Comptroller]
EXECUTIVE DIRECTOR a nonrefundable application fee of $200.
(b) In addition to any license fee otherwise required under this article, an
applicant for renewal of a manufacturer’s license shall pay to the [Comptroller]
EXECUTIVE DIRECTOR a renewal fee of $30.
2–219.
(b) A holder of a manufacturer’s license may sell and deliver a product produced
under the holder’s license to an individual located in the State if:
(4) the deliverer and the individual receiving the delivery each endorse a
delivery form that the [Commission] EXECUTIVE DIRECTOR approves at the time of
delivery certifying that:
(i) the individual receiving the delivery claimed to be at least 21
years old and the claim was supported by documentary evidence;
(ii) the individual receiving the delivery knew that it is a criminal
offense for alcoholic beverages to be given to an individual under the age of 21 years; and
(iii) the deliverer examined the recipient’s identification.
(c) A holder of a manufacturer’s license may directly ship alcohol to a consumer
on request, if the [Commission] EXECUTIVE DIRECTOR authorizes the direct shipment
after determining that:
(1) the shipment can be completed safely using a common carrier in
accordance with other applicable laws; and
(2) all applicable sales and excise taxes are paid.
WES MOORE, Governor Ch. 450
– 23 –
2–301.
Each license specified in this title is a wholesaler’s license that the [Comptroller]
EXECUTIVE DIRECTOR issues.
2–302.
(d) The license holder may use an additional location for the warehousing, sale,
and delivery of beer, wine, and liquor:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $2,000 fee for each additional location.
2–303.
(d) The license holder may use an additional location for the warehousing, sale,
and delivery of wine and liquor:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $1,750 fee for each additional location.
2–304.
(d) The license holder may use an additional location for the warehousing, sale,
and delivery of beer and wine:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $1,500 fee for each additional location.
2–305.
(d) The license holder may use an additional location for the warehousing, sale,
and delivery of beer:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $1,250 fee for each additional location.
2–306. Ch. 450 2023 LAWS OF MARYLAND
– 24 –
(d) The license holder may use an additional location for the warehousing, sale,
and delivery of wine:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $1,250 fee for each additional location.
2–307.
(e) The license holder may use an additional location for the warehousing, sale,
and delivery of wine:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $50 fee for each additional location.
2–308.
(e) The license holder may use an additional location for the warehousing, sale,
and delivery of beer:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $50 fee for each additional location.
2–308.1.
(e) The license holder may use an additional location for the warehousing, sale,
and delivery of liquor:
(1) if approved by the [Comptroller] EXECUTIVE DIRECTOR following
submission of a separate application for each location; and
(2) on the payment of a $100 fee for each additional location.
2–312.
(a) Subject to subsection (b) of this section, a holder of a wholesaler’s license may
directly import alcoholic beverages of the type indicated on the license from outside the
continental limits and possessions of the United States if the brand owner provides notice
to the [Comptroller] EXECUTIVE DIRECTOR of the license holder’s jurisdiction and
authority to sell the alcoholic beverages. WES MOORE, Governor Ch. 450
– 25 –
2–401.
A license or permit is not required for a transport plane furnished with a cocktail
lounge or a water vessel carrying passengers or cargo to a foreign port if:
(1) alcoholic beverages are purchased from a manufacturer or wholesaler;
and
(2) satisfactory evidence is submitted in writing to the [Comptroller]
EXECUTIVE DIRECTOR that the alcoholic beverages are for sale or use beyond the
continental limits and possessions of the United States.
2–402.
(a) There is a Class E (water vessel) beer, wine, and liquor license issued by the
[Comptroller] EXECUTIVE DIRECTOR.
2–404.
(b) There is a Class F (railroad) beer and light wine license issued by the
[Comptroller] EXECUTIVE DIRECTOR.
2–405.
(a) There is a Class F (railroad) beer, wine, and liquor license issued by the
[Comptroller] EXECUTIVE DIRECTOR.
2–406.
(a) There is a Class G (aircraft) beer, wine, and liquor license issued by the
[Comptroller] EXECUTIVE DIRECTOR.
2–407.
(a) (1) An applicant for a Class E, Class F, or Class G license shall submit to
the [Comptroller] EXECUTIVE DIRECTOR an application in the form that the
[Comptroller] EXECUTIVE DIRECTOR provides.
(2) An application shall be made under oath.
(d) (1) An application shall contain:
(vi) a statement that the entity for which the license is sought:
1. consents to the issuance of the license; and Ch. 450 2023 LAWS OF MARYLAND
– 26 –
2. except as provided in paragraph (2) of this subsection,
authorizes the [Comptroller] EXECUTIVE DIRECTOR to inspect and search at any time,
without warrant, the aircraft, railroad car, or water vessel to which the license applies;
2–408.
(b) (1) Before a license under subsection (a) of this section expires, the
[Comptroller] EXECUTIVE DIRECTOR shall issue a replacement license containing the
privileges conferred by the original license if:
(i) the [Comptroller] EXECUTIVE DIRECTOR receives from an
individual on behalf of the license holder an application for the replacement license within
10 days after the last remaining individual dies or is declared incompetent; and
(ii) except as provided in paragraph (2) of this subsection, the
application is accompanied by payment of a fee of $1.
(2) In Frederick County, a fee may not be charged for a new license.
(3) A replacement license expires at the end of the license year.
2–502.
(a) The [Comptroller] EXECUTIVE DIRECTOR may issue a State caterer’s
license to a person that:
(1) is engaged in the business of catering;
(2) meets all State and local requirements for and holds all required
licenses relating to the conduct of the catering business;
(3) holds any catering license that may be required under this article in the
jurisdiction in which the person’s principal place of business is located;
(4) (i) holds a retail license that may be annually renewed other than a
Class C license; or
(ii) does not hold a license but has a permanent office and storage
facility for alcoholic beverages in the State; and
(5) meets all other requirements of this subtitle.
2–506.
WES MOORE, Governor Ch. 450
– 27 –
(b) If a local licensing board determines that alcoholic beverages were unlawfully
sold or provided at a catered event:
(1) the local licensing board shall report its findings to the [Comptroller]
EXECUTIVE DIRECTOR; and
(2) the [Comptroller] EXECUTIVE DIRECTOR shall take the action the
[Comptroller] EXECUTIVE DIRECTOR determines is appropriate.
3–101.
An application for a manufacturer’s license, wholesaler’s license, Class E (water
vessel) license, Class F (railroad) license, Class G (airplane) license, or statewide caterer’s
license shall be filed with the [Comptroller] EXECUTIVE DIRECTOR.
3–107.
The [Comptroller] EXECUTIVE DIRECTOR may retain from the license and permit
fees that are collected an amount to pay for:
(1) the cost of refunds issued in accordance with § 3–108(b) of this subtitle;
and
(2) the administrative expenses incurred by the [Comptroller]
EXECUTIVE DIRECTOR to discharge its duties under this article.
3–108.
(b) A refund shall be issued to a license holder on surrender of the license if:
(6) the issuance of a license by the [Comptroller] EXECUTIVE DIRECTOR
is reversed on judicial review and the operation of the establishment is prohibited, with the
refund issued to the license holder in an amount based on the date that the refusal to grant
the renewal becomes final; or
3–201.
(a) The [Comptroller] EXECUTIVE DIRECTOR shall issue each license that
applies statewide.
3–202.
(a) On receipt of an application, the [Comptroller] EXECUTIVE DIRECTOR shall
order an investigation of:
(1) the applicant; Ch. 450 2023 LAWS OF MARYLAND
– 28 –
(2) the business to be operated; and
(3) the statements presented in the license application.
(b) On completion of the investigation, the [Comptroller] EXECUTIVE
DIRECTOR shall deny the license application:
(1) if the [Comptroller] EXECUTIVE DIRECTOR determines that the
applicant:
(i) is not a fit person to receive the license;
(ii) made a material false statement in the application; or
(iii) acted fraudulently in connection with the application; or
(2) for other reasons that the [Comptroller] EXECUTIVE DIRECTOR
considers sufficient.
(c) If the [Comptroller] EXECUTIVE DIRECTOR does not find cause to deny the
license, the [Comptroller] EXECUTIVE DIRECTOR shall approve the application and issue
the license.
(d) (1) In addition to any license fee otherwise required under this article, an
applicant for the initial issuance of a manufacturer’s or wholesaler’s license under Title 2,
Subtitle 2 or 3 of this article shall pay to the [Comptroller] EXECUTIVE DIRECTOR a
nonrefundable application fee of $200.
(2) The application fee under this subsection does not apply to a license for
which payment of an annual license fee is not otherwise required under this article.
3–203.
(a) A statewide license shall be on the form that the [Comptroller] EXECUTIVE
DIRECTOR provides.
(b) The [Comptroller] EXECUTIVE DIRECTOR shall number each statewide
license.
3–204.
Except as otherwise provided in this article, a license issued by the [Comptroller]
EXECUTIVE DIRECTOR shall be dated as of the date of issuance and shall expire on the
next April 30 after its issuance. WES MOORE, Governor Ch. 450
– 29 –
3–205.
A license issued by the [Comptroller] EXECUTIVE DIRECTOR:
(1) is not property and does not confer property rights; and
(2) is subject to:
(i) suspension, revocation, and restrictions authorized by law; and
(ii) regulations authorized under this article.
3–206.
(a) The [Comptroller] EXECUTIVE DIRECTOR may issue a replacement license
to a license holder whose license is lost or destroyed on receiving:
(1) an application under oath; and
(2) payment of a $1 fee.
3–207.
(b) This section does not apply to:
(2) the location, if the license was denied because the [Comptroller]
EXECUTIVE DIRECTOR determined that the applicant was not a proper person to be
issued the license.
3–301.
(b) A transfer under subsection (a) of this section may be made if:
(4) the [Comptroller] EXECUTIVE DIRECTOR approves the new location
or license holder in the same way the [Comptroller] EXECUTIVE DIRECTOR approves the
issuance of a license.
3–302.
The [Comptroller] EXECUTIVE DIRECTOR may not allow the transfer of a license
until the transferor has:
(1) complied with the Bulk Transfers Act under Title 6 of the Commercial
Law Article; and
Ch. 450 2023 LAWS OF MARYLAND
– 30 –
(2) provided to the [Comptroller] EXECUTIVE DIRECTOR an affidavit
that certifies compliance with the Bulk Transfers Act.
3–303.
(a) An applicant shall pay to the [Comptroller] EXECUTIVE DIRECTOR a fee of
$20, in addition to the costs of publication and notice, when filing an application for the
transfer of a license.
(b) The [Comptroller] EXECUTIVE DIRECTOR shall endorse on the license the
transfer of the license if the applicant has paid the fee required under subsection (a) of this
section.
3–304.
(a) For a license issued by the [Comptroller] EXECUTIVE DIRECTOR for the use
of a corporation or club, the license holder may substitute on the license the name of a
different officer for the name of any officer who:
(1) has died;
(2) has retired; or
(3) no longer holds an office in the corporation or club.
(b) The license holder shall file with the [Comptroller] EXECUTIVE DIRECTOR
an affidavit that contains:
(1) the substitution of the officer;
(2) an explanation for the substitution; and
(3) in the case of a corporation, a statement that the ownership of the
corporation has not changed.
(c) On receipt of the affidavit and after determining that the applicant qualifies
under this article, the [Comptroller] EXECUTIVE DIRECTOR shall:
(1) amend its records; and
(2) issue a corrected license.
3–401.
(a) Subject to §§ 3–405 and 3–406 of this subtitle, a holder of an expiring license
is entitled to an annual license renewal: WES MOORE, Governor Ch. 450
– 31 –
(1) on the approval of the license renewal application by the [Comptroller]
EXECUTIVE DIRECTOR;
(2) on payment of the annual license fee; and
(3) without filing or providing more information unless specifically
requested by the [Comptroller] EXECUTIVE DIRECTOR.
(b) Except as provided in §§ 3–406(a) and 3–407(c) of this subtitle, the
[Comptroller] EXECUTIVE DIRECTOR shall consider an application for license renewal in
the same manner as for an original application.
(c) (1) In addition to any license fee otherwise required under this article, an
applicant for renewal of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2
or 3 of this article shall pay to the [Comptroller] EXECUTIVE DIRECTOR a renewal fee of
$30.
(2) The renewal fee under this subsection does not apply to a license for
which payment of an annual license fee is not otherwise required under this article.
3–402.
To renew a license, the license holder annually shall file a written application, under
oath, with the [Comptroller] EXECUTIVE DIRECTOR.
3–404.
(b) The [Comptroller] EXECUTIVE DIRECTOR may not require the consent
statement under subsection (a)(2) of this section for a retail dealer applying for renewal if:
(1) the owner signed a comparable consent statement in connection with
an original or previous license renewal application;
(2) the consent statement under item (1) of this subsection is in effect for
the term of the owner’s lease with the applicant; and
(3) the lease does not expire during the term of the license renewal.
3–405.
(b) (1) If a protest against renewing a license is filed at least 30 days before
the license expires, the [Comptroller] EXECUTIVE DIRECTOR may not approve the
renewal without holding a hearing.
Ch. 450 2023 LAWS OF MARYLAND
– 32 –
(2) The [Comptroller] EXECUTIVE DIRECTOR shall hear and determine
the protest in the same manner as the [Comptroller] EXECUTIVE DIRECTOR hears and
determines an original application.
3–406.
(a) The [Comptroller] EXECUTIVE DIRECTOR:
(1) may not renew a license if the [Comptroller] EXECUTIVE DIRECTOR
determines that the license holder is not qualified to obtain a license renewal; but
(2) shall issue to the license holder by way of renewal the class or type of
license for which the [Comptroller] EXECUTIVE DIRECTOR determines the license holder
is qualified.
(b) (1) Subject to paragraph (2) of this subsection, the [Comptroller]
EXECUTIVE DIRECTOR shall deny a license renewal application if during the license year
the license holder was convicted of a State or federal offense that, in the judgment of the
[Comptroller] EXECUTIVE DIRECTOR, renders the license holder unfit or unqualified to
obtain a renewed license.
(2) The [Comptroller] EXECUTIVE DIRECTOR:
(i) shall hold a public hearing before renewing a license under the
circumstances described in paragraph (1) of this subsection; and
(ii) may inquire into all relevant facts and circumstances concerning
the offense at the hearing.
3–407.
(a) The [Comptroller] EXECUTIVE DIRECTOR may issue renewed licenses for
the following license year between April 15 and May 1, inclusive.
(c) If an expiring license is subject to an order of restriction or suspension, the
[Comptroller] EXECUTIVE DIRECTOR shall issue the corresponding license renewal
subject to the same order.
3–504.
(c) The [Comptroller] EXECUTIVE DIRECTOR:
(1) shall approve, certify, and issue an alcohol awareness program permit
to each alcohol awareness program that complies with this section; and
WES MOORE, Governor Ch. 450
– 33 –
(2) may require recertification of the approved alcohol awareness program
to ensure compliance with changes in the program.
(g) The [Comptroller] EXECUTIVE DIRECTOR may decertify the alcohol
awareness program of an alcohol awareness program provider who violates subsection (c),
(d), or (f) of this section.
3–601.
The [Comptroller] EXECUTIVE DIRECTOR may revoke or suspend a license or
permit that the [Comptroller] EXECUTIVE DIRECTOR issues in accordance with this
subtitle.
3–602.
(a) Revocation or suspension procedures may be started:
(1) by the [Comptroller] EXECUTIVE DIRECTOR, at the [Comptroller’s]
EXECUTIVE DIRECTOR’S initiative;
(2) on the complaint of a deputy or an inspector that the [Comptroller]
EXECUTIVE DIRECTOR employs to administer this article;
(3) on the complaint of a peace officer;
(4) if the license holder or permit holder is located in a municipality that is
within a county, on the complaint of the mayor and council of the municipality; or
(5) on the written complaint of at least 10 residents, real estate owners, or
voters of the precinct in which the licensed premises is located.
(c) The [Comptroller] EXECUTIVE DIRECTOR may immediately suspend a
license or permit for a violation of record–keeping or reporting requirements under § 1–408
of this article.
3–603.
(a) The [Comptroller] EXECUTIVE DIRECTOR may revoke or suspend a license
or permit:
(1) for any reason to promote the peace or safety of the community in which
the premises are located; or
(2) for offenses as provided in this article.
Ch. 450 2023 LAWS OF MARYLAND
– 34 –
(b) The [Comptroller] EXECUTIVE DIRECTOR shall revoke a license or permit
or, except as provided in § 3–606 of this subtitle, suspend a license or permit for:
(1) conviction of the license holder or permit holder for violation of this
article or a provision of the Tax – General Article that relates to the alcoholic beverage tax;
(2) willful failure or refusal of the license holder or permit holder to comply
with:
(i) this article or provisions of the Tax – General Article that relate
to the alcoholic beverage tax; or
(ii) a regulation adopted under this article or under provisions of the
Tax – General Article that relate to the alcoholic beverage tax;
(3) making a material false statement in an application for a license or
permit;
(4) two or more convictions within 2 years of an agent or employee of a
license holder or permit holder for on–premises violations of this article or provisions of the
Tax – General Article that relate to the alcoholic beverage tax;
(5) on–premises possession by a retail dealer, other than a holder of a Class
E, Class F, or Class G license, of an alcoholic beverage on which the tax imposed by §
5–102 of the Tax – General Article has not been paid;
(6) violation of § 2–216 or § 2–315 of this article;
(7) willful failure of a license holder or permit holder to:
(i) keep the records required under this article or under provisions
of the Tax – General Article that relate to the alcoholic beverage tax; or
(ii) allow inspection of the records by an authorized person;
(8) on–premises possession of an alcoholic beverage that a license holder or
permit holder, other than a holder of a Class E, Class F, or Class G license, is not licensed
to sell;
(9) revocation or suspension of a permit issued to a license holder or permit
holder by the federal Alcohol and Tobacco Tax and Trade Bureau or for conviction of
violating a federal law relating to alcoholic beverages;
(10) failure to furnish bond as required by this article within 15 days after
notice from the Comptroller; and
WES MOORE, Governor Ch. 450
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(11) violation of § 3–604 of this subtitle.
3–604.
(a) (1) Except as provided in paragraph (2) of this subsection, the
[Comptroller] EXECUTIVE DIRECTOR shall revoke a license or permit if, after a hearing
under § 3–602(b) of this subtitle, an activity listed in this section is found to have occurred
on the licensed premises.
3–605.
(a) After revoking a license or permit, the [Comptroller] EXECUTIVE
DIRECTOR:
(1) may not issue another license or permit to the person whose license or
permit is revoked;
(2) may not issue any license or permit for the same premises for 6 months
after the revocation; and
(3) may decide not to issue another license or permit for the same premises.
3–606.
(c) The [Comptroller] EXECUTIVE DIRECTOR may accept the offer of
compromise if:
(1) the public welfare and morals would not be impaired by allowing the
license holder or permit holder to operate during the period set for the suspension; and
(2) the payment of the money w ill achieve the desired disciplinary
purposes.
3–701.
(b) Except as otherwise provided in this subtitle, a license issued by the
[Comptroller] EXECUTIVE DIRECTOR expires on the 10th day after a license holder has
vacated or been evicted from the licensed premises.
3–703.
A license issued by the [Comptroller] EXECUTIVE DIRECTOR for a premises
acquired for public use shall expire 180 days after acquisition unless an application is
pending or has been approved for:
Ch. 450 2023 LAWS OF MARYLAND
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(1) a transfer of the license to another location or another person, subject
to Subtitle 3 of this title; or
(2) a certificate of permission or a renewal license for continuation of
business, subject to § 3–802 of this title.
3–704.
(a) The [Comptroller] EXECUTIVE DIRECTOR may postpone the expiration of a
license that the [Comptroller] EXECUTIVE DIRECTOR issues for an additional period to
avoid hardship.
3–802.
(a) Except as provided in § 2–408 of this article, on application to the
[Comptroller] EXECUTIVE DIRECTOR and payment of a fee of $1 by the personal
representative or special administrator of the estate of a deceased license holder, the
[Comptroller] EXECUTIVE DIRECTOR may grant a certificate of permission for the
continuation of the business in the name of the personal representative or special
administrator for the benefit of the estate of the deceased license holder.
(b) (1) The certificate of permission may be granted for a period not exceeding
18 months after the date of the granted permission unless the license expires earlier.
(2) If the license expires earlier than 18 months after the date of the
granted permission, the [Comptroller] EXECUTIVE DIRECTOR may issue a renewal
license on application by the personal representative or special administrator for a period
not exceeding 18 months after the death of the license holder.
3–803.
(a) The personal representative or special administrator to whom a certificate of
permission has been granted may apply to the [Comptroller] EXECUTIVE DIRECTOR for
the transfer of the license for the benefit of the estate of the license holder.
3–901.
A person aggrieved by a final decision of the [Comptroller] EXECUTIVE DIRECTOR
in a contested case under this title may seek judicial review in accordance with the
Administrative Procedure Act.
4–108.
An applicant shall file a sworn application for a license with the applicable local
licensing board on the form that the [Comptroller] EXECUTIVE DIRECTOR requires. WES MOORE, Governor Ch. 450
– 37 –
4–109.
(b) The application shall also include a statement executed and acknowledged by
the owner of the location where the business is to be conducted that:
(1) agrees to the issuance of the license; and
(2) authorizes a warrantless inspection and search of the premises at any
time in any part of the building in which the business is to be conducted by:
(i) the Comptroller;
(ii) the [Commission] EXECUTIVE DIRECTOR;
(iii) the local licensing board and its authorized agents and
employees; or
(iv) a peace officer of the county or municipality where the business
is to be located.
4–206.
(c) (1) A local licensing board may issue a license for use in premises in which
more than 10,000 square feet of floor space is devoted to the sale of alcoholic beverages for
off–premises consumption, if the local licensing board:
(i) holds a public hearing;
(ii) determines that the issuance of the license:
1. would serve the public need; and
2. would not adversely impact existing retail license holders
in the immediate vicinity of the premises, including those license holders that may be in a
contiguous county or city; and
(iii) obtains from the [Comptroller] EXECUTIVE DIRECTOR a
written report in which the [Comptroller] EXECUTIVE DIRECTOR determines that the
issuance of the license:
1. would not adversely affect the orderly distribution of
alcoholic beverages in the State; and
2. would comply with all applicable provisions of this article
relating to the issuance of multiple licenses. Ch. 450 2023 LAWS OF MARYLAND
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(2) If the [Comptroller] EXECUTIVE DIRECTOR determines that an
application submitted under this subsection does not meet the criteria provided under
paragraph (1)(iii) of this subsection, the local licensing board may not issue the license.
4–505.
(c) The [Comptroller] EXECUTIVE DIRECTOR:
(1) shall approve, certify, and issue an alcohol awareness program permit
to each alcohol awareness program that complies with this section; and
(2) may require recertification of the approved alcohol awareness program
to ensure compliance with changes in the program.
(g) The [Comptroller] EXECUTIVE DIRECTOR may decertify the alcohol
awareness program of an alcohol awareness program provider who violates subsection (c),
(d), or (f) of this section.
4–1104.
(d) (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt standards
regarding containers that qualify for use as refillable containers for beer, including
containers originating from outside the State.
(3) The holder of a refillable container permit may refill a refillable
container originating from inside or outside the State that meets the standards adopted by
the [Comptroller] EXECUTIVE DIRECTOR under paragraph (2) of this subsection.
4–1105.
(d) (2) The [Comptroller] EXECUTIVE DIRECTOR may adopt standards
regarding containers that qualify for use as refillable containers for wine, including
containers originating from outside the State.
(3) The holder of a refillable container permit may refill a refillable
container originating from inside or outside the State that meets the standards adopted by
the [Comptroller] EXECUTIVE DIRECTOR under paragraph (2) of this subsection.
4–1202.
(b) An application for a per diem license shall be:
(1) on the form that the [Comptroller] EXECUTIVE DIRECTOR requires;
and WES MOORE, Governor Ch. 450
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(2) signed and sworn to by the applicant.
5–303.
(b) A keg license holder may not sell or otherwise transfer, or offer to sell or
otherwise transfer, the contents of a keg for off–premises consumption unless:
(1) the keg license holder provides to the purchaser a keg registration form
approved and distributed by the [Comptroller] EXECUTIVE DIRECTOR that is designed
to be affixed to the keg and that indicates the name and address of the licensed
establishment and a registration number;
(2) except as provided in § 26–103 of this article, the purchaser provides
identification and completes and signs a registration form with the following information:
(i) the purchaser’s name and address as shown on the identification
produced; and
(ii) the date of purchase; and
(3) the keg license holder affixes the completed registration form to the keg
and retains a copy of the form for 30 days on the licensed premises.
6–101.
(c) (2) (i) A vehicle, a vessel, or an aircraft that is seized as contraband is
forfeited unless a protest is filed within 30 days after the publication under subparagraph
(ii) of this paragraph.
(ii) The Comptroller or the [Commission] EXECUTIVE DIRECTOR,
as appropriate:
1. if possible, shall notify the registered owner of the
property of the seizure; and
2. shall publish a notice:
A. in a newspaper of general circulation in the county where
the vehicle, vessel, or aircraft was seized; and
B. informing interested persons of the seizure and the right
to file a protest.
6–103.
Ch. 450 2023 LAWS OF MARYLAND
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A vehicle, a vessel, or an aircraft used with the express or implied knowledge or
consent of its owner to violate a provision of this article relating to the unlawful
manufacture of alcoholic beverages or to transport, store, or hide unlawful alcoholic
beverages:
(1) is contraband; and
(2) may be seized by:
(i) the Comptroller or the Comptroller’s authorized enforcement
officers; or
(ii) the [Commission] EXECUTIVE DIRECTOR or the
[Commission’s] EXECUTIVE DIRECTOR’S authorized enforcement officers; and
(3) may be forfeited in accordance with this subtitle.
6–104.
A lienholder, or other person showing a legal right, title, or interest in seized
property not destroyed in accordance with this subtitle, may file a protest with the
Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE :
(1) within 30 days after seizure of the property; or
(2) if the seized property is a vehicle, a vessel, or an aircraft, within 30 days
after the publication of notice required under § 6–101(c) of this subtitle.
6–105.
(b) (1) If the court determines that the property is subject to forfeiture, the
court shall determine whether any lienholder filing a timely protest had knowledge of the
intended unlawful use.
(2) If the court determines that a lienholder had knowledge, the
lienholder’s right, title, and interest to the property is forfeited.
(3) If the court does not determine that a lienholder had knowledge, but
the property is otherwise subject to forfeiture:
(i) the property shall be forfeited; and
(ii) the Comptroller or the Executive Director [of the Commission],
as the Comptroller or Executive Director, as appropriate, considers in the best interest of
the State, may:
WES MOORE, Governor Ch. 450
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1. pay the outstanding indebtedness secured by the lien and
keep the property; or
2. deliver the property to the lienholder.
6–107.
(a) Except as provided in subsection (c) of this section, forfeited property shall be
retained for official use, sold, or otherwise disposed of by:
(1) the Comptroller or the Executive Director [of the Commission], as
appropriate, if the property was seized by State officers; or
(2) if the property was not seized by State officers:
(i) the Mayor and City Council of Baltimore City; or
(ii) the board of county commissioners or the county council of the
county in which the property was seized.
(b) The Comptroller, the Executive Director [of the Commission], the Mayor and
City Council of Baltimore City, or the board of county commissioners or county council in
the county where the property was seized shall retain or dispose of the property in the way
it considers to be in the best public interest.
6–108.
(b) The officer shall report the seizure and destruction conducted under this
section to the [Field Enforcement Division of the Commission] EXECUTIVE DIRECTOR.
6–202.
(a) A building, vehicle, or premises where alcoholic beverages are authorized to
be kept, transported, manufactured, or sold under a license or permit may be inspected and
searched, without a warrant, by:
(1) the Comptroller or an authorized deputy, inspector, or clerk of the
Comptroller;
(2) the Executive Director [of the Commission] or an authorized deputy,
inspector, [or] clerk [of the Commission], OR OTHER DESIGNEE OF THE EXECUTIVE
DIRECTOR;
(3) the local licensing board of the county or city where the place of business
is located or an authorized agent or employee of the local licensing board; and
Ch. 450 2023 LAWS OF MARYLAND
– 42 –
(4) a peace officer of the county or city where the place of business is
located.
6–203.
To prevent and detect fraud by manufacturers, wholesalers, and retail dealers, the
[Commission] EXECUTIVE DIRECTOR, the local licensing board, and an authorized
deputy or inspector of the [Commission] EXECUTIVE DIRECTOR or the local licensing
board:
(1) may use hydrometers, saccharometers, weighing and gauging
instruments, or other means, records, or devices to ascertain the quantity or quality of
alcohol in an alcoholic beverage as they consider necessary; and
(2) may adopt rules and regulations to establish a uniform system of
inspection, marking, and gauging of alcoholic beverages.
6–204.
(a) For a hearing or inquiry that the [Commission] EXECUTIVE DIRECTOR or a
local licensing board may hold or make, the [Commission] EXECUTIVE DIRECTOR or a
local licensing board may issue summonses for witnesses and administer oaths or
affirmations to the witnesses.
6–205.
(b) The powers and duties conferred on the Comptroller, the Commission, THE
EXECUTIVE DIRECTOR, or any other State official by this article do not relieve local
officials from the duty of enforcement or prosecution.
6–308.
(a) This section does not apply to a Class 4 limited winery that brings wine or
pomace brandy manufactured on its licensed premises onto a retail licensed premises if:
(3) the limited winery or winery trade association complies with any
regulations that the [Commission] EXECUTIVE DIRECTOR adopts relating to
on–premises promotions and product sampling;
6–319.
(a) This section does not apply to a Class 4 limited winery that brings wine or
pomace brandy manufactured on its licensed premises onto a retail licensed premises if:
WES MOORE, Governor Ch. 450
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(3) the limited winery or winery trade association complies with any
regulations that the [Comptroller] EXECUTIVE DIRECTOR adopts relating to on–premises
promotions and product sampling;
6–328.
(a) A person may not:
(4) violate a regulation that the Comptroller or the [Commission]
EXECUTIVE DIRECTOR adopts under this article or the Tax – General Article.
9–102.
This title applies only in Allegany County.
9–1403.
An application shall include:
(1) a statement that the applicant is at least 21 years old;
(2) a statement that the applicant, for the issuance or renewal of a license,
will produce on request all records that an applicant under this article is required to keep:
(i) to the Comptroller, a deputy Comptroller, the county sheriff, THE
EXECUTIVE DIRECTOR, or the police of a municipality in the county; or
(ii) in a proceeding before the Board or the circuit court for the
county relating to the license or business;
(3) the names of two persons or the name of a bonding company authorized
under this article who will act as a surety on the bond required by the county;
(4) a statement of all persons interested in the license, including the name
of a business entity on whose behalf the license application is made; and
(5) certificates of receipt from the County Tax and Utility Office and the
State Department of Assessments and Taxation, showing that, for the calendar year
immediately before the year for which the license is to be issued, there are no unpaid taxes
on the merchandise, fixtures, or inventory for the business due to the State, county, or
municipality in which the licensed activity is to be carried on.
11–102.
This title applies only in Anne Arundel County.
Ch. 450 2023 LAWS OF MARYLAND
– 44 –
11–206.
(a) (1) The Board may employ:
(i) one part–time deputy chief inspector at an annual salary of
$9,000; and
(ii) 18 part–time inspectors at an annual salary of $7,000 each.
(2) Each inspector shall receive a monthly expense allowance of $300,
subject to the approval of the [Comptroller] EXECUTIVE DIRECTOR.
11–207.
From the fees received, the [Comptroller] EXECUTIVE DIRECTOR shall:
(1) approve and remit to the county the amounts necessary to pay the
salaries and benefits of the Board and its employees;
(2) approve and remit to the county the amount necessary to pay the
expenses of the Board; and
(3) at the end of each fiscal year, remit the balance of the fees received to
the county for the general purposes of the county.
11–1406.
The Board shall:
(1) collect all license fees required under this article;
(2) issue all licenses in the county; and
(3) remit all fees collected to the [Comptroller] EXECUTIVE DIRECTOR.
11–2102.
(a) (1) In addition to the revocation and suspension procedures provided under
§ 4–603 of this article, the Board may immediately suspend a license if it is alleged by a
person specified under paragraph (2) of this subsection that the license holder has sold or
provided alcoholic beverages to an individual under the age of 21 years with such frequency
and during such a limited time so as to demonstrate a willful failure to comply with §
6–304 of this article.
(2) An allegation under paragraph (1) of this subsection may be made by:
WES MOORE, Governor Ch. 450
– 45 –
(i) the Comptroller or an agent or employee of the Comptroller;
(ii) THE EXECUTIVE DIRECTOR OR AN AGENT OR EMPLOYEE OF
THE EXECUTIVE DIRECTOR;
(III) the Board or an agent or employee of the Board; or
[(iii)] (IV) a peace officer.
12–102.
This title applies only in Baltimore City.
12–403.
(c) (2) The holder of a Class 7 micro–brewery license may brew in two locations
using the same Class 7 micro–brewery license if the license holder:
(i) requests permission by submitting a written application to the
[Comptroller] EXECUTIVE DIRECTOR; and
(ii) obtains written approval from the [Comptroller] EXECUTIVE
DIRECTOR.
(3) Before authorizing a holder of a Class 7 micro–brewery license to brew
in two locations using the same Class 7 micro–brewery license, the [Comptroller]
EXECUTIVE DIRECTOR shall:
(i) make a determination that a second location to brew additional
capacity is necessary due to insufficient space at the existing Class 7 license location; and
(ii) consider any other factor relevant to approval of the application.
15–102.
This title applies only in Caroline County.
15–1001.
(i) The license holder shall:
(1) maintain records of all catered events, on–premises and off–premises,
where alcoholic beverages are served; and
Ch. 450 2023 LAWS OF MARYLAND
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(2) make the records required under paragraph (1) of this subsection
available on request to the Board [or to], the Comptroller, OR THE EXECUTIVE
DIRECTOR.
15–1309.
(c) (2) The records shall be:
(i) maintained on the licensed premises for 2 years; and
(ii) available for inspection by authorized personnel of the
Comptroller, THE EXECUTIVE DIRECTOR, and the Board.
(d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and
the Board may inspect the premises of a license holder as provided under § 6–202 of this
article.
16–102.
This title applies only in Carroll County.
16–405.
(b) (4) Notwithstanding paragraph (3) of this subsection, if a micro–brewery
was established at its licensed premises before a protected building was established within
300 feet of the micro–brewery, the [Comptroller] EXECUTIVE DIRECTOR may renew the
license of the micro–brewery.
19–102.
This title applies only in Dorchester County.
19–403.
(d) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue to a single
applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not
both, for a location in an enterprise zone in the county, if the applicant holds no more than
three Class B beer, wine, and liquor licenses.
(2) This subsection does not limit the number of Class 6 pub–brewery
licenses that the [Comptroller] EXECUTIVE DIRECTOR may issue in the county.
19–404.
WES MOORE, Governor Ch. 450
– 47 –
(c) (1) The [Comptroller] EXECUTIVE DIRECTOR may issue to a single
applicant one Class 6 pub–brewery license or one Class 7 micro–brewery license, but not
both, for a location in an enterprise zone in the county, if the applicant holds no more than
three Class B beer, wine, and liquor licenses.
(2) This subsection does not limit the number of Class 7 micro–brewery
licenses that the [Comptroller] EXECUTIVE DIRECTOR may issue in the county.
20–102.
This title applies only in Frederick County.
20–1009.
(b) The Board may issue the license to a person for use in conjunction with:
(1) a Class 7 micro–brewery license that the person then obtains from the
[Comptroller] EXECUTIVE DIRECTOR; or
(2) a Class B beer, wine, and liquor license that the person has been issued
by the Board.
21–102.
This title applies only in Garrett County.
21–1311.
(c) (1) A license holder shall keep complete and accurate records of all
alcoholic beverages purchased and sold on the licensed premises.
(2) The records shall be:
(i) maintained on the licensed premises for 2 years; and
(ii) available for inspection by authorized personnel of the
Comptroller, THE EXECUTIVE DIRECTOR, and the Board.
(3) The records shall include a completed pre– and post–inventory of all
alcoholic beverages for each individual event.
(d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and
the Board may inspect the premises of a license holder as provided under § 6–202 of this
article.
23–102. Ch. 450 2023 LAWS OF MARYLAND
– 48 –
This title applies only in Howard County.
23–403.
(b) The [Comptroller] EXECUTIVE DIRECTOR may issue the Class 7
micro–brewery license not more than 36 months before the restaurant is complete and the
Class B beer, wine, and liquor (on–sale) license is issued.
23–902.
(f) The [Comptroller] EXECUTIVE DIRECTOR may issue one Class 8 farm
brewery license and one Class 7 micro–brewery license to a license holder that holds not
more than five Class B and six Class BLX beer, wine, and liquor licenses.
24–102.
This title applies only in Kent County.
24–1310.
(c) (1) A license holder shall keep complete and accurate records of all
alcoholic beverages purchased and sold on the licensed premises.
(2) The records shall be:
(i) maintained on the licensed premises for 2 years; and
(ii) available for inspection by authorized personnel of th e
Comptroller, THE EXECUTIVE DIRECTOR, and the Board.
(3) The records shall include a completed pre– and post–inventory of all
alcoholic beverages for each individual event.
(d) Authorized personnel of the Comptroller, THE EXECUTIVE DIRECTOR, and
the Board may inspect the premises of a license holder as provided under § 6–202 of this
article.
25–102.
This title applies only in Montgomery County.
25–314.
WES MOORE, Governor Ch. 450
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(a) A supplier may enter into an agreement with a wholesaler or an authorized
representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt
beverage products on retail licensed premises:
(3) under a plan that the [Comptroller] EXECUTIVE DIRECTOR approves.
(b) (1) If a wholesaler refuses to replace stale or out–of–date malt beverage
products on retail licensed premises under the plan described in subsection (a)(3) of this
section, the supplier may unilaterally submit a replacement plan to the [Comptroller]
EXECUTIVE DIRECTOR for approval.
(2) The replacement plan that the supplier unilaterally submits to the
[Comptroller] EXECUTIVE DIRECTOR may include the designation of an authorized
representative or wholesaler outside the territory of the wholesaler who refuses to
participate in the plan.
25–405.
(c) The [Commission] EXECUTIVE DIRECTOR may not issue more than an
aggregate amount of two Class 7 micro–brewery licenses to holders of Class D beer and
wine licenses in the Town of Kensington.
(e) (2) The holder of a Class 7 micro–brewery license may brew in two locations
using the same Class 7 micro–brewery license if the license holder:
(i) requests permission by submitting a written application to the
[Commission] EXECUTIVE DIRECTOR; and
(ii) obtains written approval from the [Commission] EXECUTIVE
DIRECTOR.
(3) Before authorizing a holder of a Class 7 micro–brewery license to brew
in two locations using the same Class 7 micro–brewery license, the [Commission]
EXECUTIVE DIRECTOR shall:
(i) make a determination that a second location to brew additional
capacity is necessary due to insufficient space at the existing Class 7 license location; and
(ii) consider any other factor relevant to approval of the application.
30–102.
This title applies only in Talbot County.
30–403.
Ch. 450 2023 LAWS OF MARYLAND
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(b) The [Comptroller] EXECUTIVE DIRECTOR shall specify which local license
is the equivalent of the Class B beer, wine, and liquor license specified in § 2–208(b) of this
article.
30–404.
(b) The [Comptroller] EXECUTIVE DIRECTOR shall specify which local license
is the equivalent of the Class B beer, wine, and liquor license specified in § 2–209(b) of this
article.
31–102.
This title applies only in Washington County.
31–404.
(c) The [Comptroller] EXECUTIVE DIRECTOR may not issue a license for
premises on property that has been leased unless the landlord of the property presents to
the [Comptroller] EXECUTIVE DIRECTOR a receipt or certificate showing that there are
no unpaid taxes due to the State, a county, or any local government from the landlord or
any entity in which the landlord has a direct or indirect interest that:
(1) is proprietary; or
(2) has been obtained by a loan, mortgage, or lien, or in any other manner.
31–1007.
(h) A license holder shall allow the [Commission] EXECUTIVE DIRECTOR or the
[Commission’s] EXECUTIVE DIRECTOR’S designee, the Board or the Board’s designee, or
a peace officer of the county, to inspect and search the licensed premises at any time.
32–102.
This title applies only in Wicomico County.
32–311.
(a) (1) The Liquor Control Board shall:
(i) keep accurate records of:
1. all purchases of alcoholic beverages; and
2. a complete statement of the business conducted by the
Liquor Control Board and the operational achievements of the dispensary system; and WES MOORE, Governor Ch. 450
– 51 –
(ii) submit annual and monthly reports to the County Council.
(2) The records shall be open to inspection by the Comptroller OR THE
EXECUTIVE DIRECTOR during regular business hours.
32–312.
(a) A supplier may enter into an agreement with a wholesaler or authorized
representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt
beverage products on retail licensed premises:
(3) under a plan that the [Comptroller] EXECUTIVE DIRECTOR approves.
(b) (1) If a wholesaler refuses to replace stale or out–of–date malt beverage
products on retail licensed premises under the plan described in subsection (a)(3) of this
section, the supplier may unilaterally submit a replacement plan to the [Comptroller]
EXECUTIVE DIRECTOR for approval.
(2) The replacement plan that the supplier unilaterally submits to the
[Comptroller] EXECUTIVE DIRECTOR may include the designation of an authorized
representative or wholesaler outside the territory of the wholesaler who refuses to
participate in the plan.
32–403.
(b) Before the [Comptroller] EXECUTIVE DIRECTOR may issue a Class 6
pub–brewery license in the county, the [Comptroller] EXECUTIVE DIRECTOR shall
forward a copy of the application to the Board.
(c) The Board shall:
(1) review the application;
(2) hold a public hearing on the application; and
(3) recommend to the [Comptroller] EXECUTIVE DIRECTOR whether or
not to issue the license.
32–405.
(a) The [Comptroller] EXECUTIVE DIRECTOR may issue one Class 6
pub–brewery license or one Class 7 micro–brewery license, but not both, for a location in
an enterprise zone, to a person that holds not more than five Class B beer, wine, and liquor
licenses.
Ch. 450 2023 LAWS OF MARYLAND
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32–1001.
(i) The license holder shall:
(1) maintain records of all catered events where alcoholic beverages are
served; and
(2) make the records required under item (1) of this subsection available
on request to the Board, THE EXECUTIVE DIRECTOR, or [to] the Comptroller.
33–102.
This title applies only in Worcester County.
33–309.
(a) (1) The Department shall keep accurate records of:
(i) all purchases of alcoholic beverages; and
(ii) a complete statement of the business conducted by the
Department and the operational achievements of the dispensary system.
(2) The records shall be open to inspection by the Comptroller OR THE
EXECUTIVE DIRECTOR during regular business hours.
33–504.
(b) (1) (i) A wholesaler may not intentionally deliver beer to a retail dealer
to whom any wholesaler has extended credit under this section if the retail dealer:
1. fails to pay the balance owed or makes a payment on the
debt by bad check; and
2. is currently listed on the county beer credit control list in
accordance with regulations that the [Comptroller] EXECUTIVE DIRECTOR issues.
(ii) A wholesaler who violates this paragraph is subject to a fine not
exceeding $1,000 for each delivery.
(4) (i) A retail dealer may request a hearing with the [Comptroller]
EXECUTIVE DIRECTOR within 10 days after being listed on the county beer credit control
list for failure to comply with this section.
WES MOORE, Governor Ch. 450
– 53 –
(ii) The [Comptroller] EXECUTIVE DIRECTOR shall remove
immediately from the county beer credit control list a retail dealer who requests a hearing,
pending the disposition of the hearing.
(d) The [Comptroller] EXECUTIVE DIRECTOR shall enforce subsections (a) and
(b) of this section and shall adopt regulations to carry out those subsections.
Article – Business Regulation
16–308.2.
(a) In this section, “unpackaged cigarette” means any cigarette not contained in
a sealed package of 20 or more cigarettes that are designed and intended to be sold as a
unit.
(b) This section applies only in Baltimore City.
(c) A person who holds a county license may not sell an unpackaged cigarette.
(d) (1) An enforcement officer of the Tobacco Use Prevention and Cessation
Program in the Baltimore City Health Department may enforce this section by entering
and inspecting, at a reasonable time, the premises of a county license holder.
(2) An enforcement officer shall report a violation of this section to a State’s
Attorney.
(e) Issuance of a citation by the Comptroller OR THE EXECUTIVE DIRECTOR for
a violation of § 16–215 of this title precludes a prosecution for a violation under this section
arising out of the same incident.
17–101.
(a) In this title the following words have the meanings indicated.
(b) “Goods” means tangible personal property, items of trade, merchandise, or
other types of products sold at wholesale or retail.
(c) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF THE
ALCOHOL AND TOBACCO COMMISSION.
(D) “License” means a license issued under this title.
[(d)] (E) (1) “Sale” means the exchange or transfer, or the agreement to
change or transfer, title or possession of goods in any manner for consideration.
(2) “Sale” includes barter. Ch. 450 2023 LAWS OF MARYLAND
– 54 –
[(e)] (F) “Sell” includes barter.
[(f)] (G) “Stock–in–trade” means:
(1) goods held for sale and reported as inventory on the Business Personal
Property Tax Return filed with the State Department of Assessments and Taxation; or
(2) except for alcoholic beverages, goods held for sale and reported as
inventory on the Business Personal Property Tax Return filed with the State Department
of Assessments and Taxation for determining the valuation of a trader’s license under
Subtitle 18 of this title.
[(g)] (H) “Trader” means a person who operates a room or other place of business
for selling goods, including goods sold at auction.
[(h)] (I) “Trader’s license” means a license issued by the clerk to do business as
a trader.
17–202.
(a) The Comptroller OR THE EXECUTIVE DIRECTOR shall enforce this title.
(b) (1) The Comptroller:
(i) shall appoint a chief license inspector; and
(ii) may appoint assistant license inspectors.
(2) The chief license inspector and each assistant license inspector is
entitled to:
(i) compensation in accordance with the State budget; and
(ii) reimbursement for expenses under the Standard State Travel
Regulations, as provided in the State budget.
(c) The Comptroller may delegate any power or duty of the Comptroller under
this title.
(d) To enforce this title, the Comptroller may make investigations and hold
hearings on any matter covered by this title, at any time or place in the State, and, in
connection with an investigation or hearing, may:
(1) administer oaths;
WES MOORE, Governor Ch. 450
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(2) examine witnesses;
(3) receive evidence; and
(4) issue subpoenas for the attendance of witnesses to testify or to produce
evidence.
(e) The Comptroller shall make all license materials, including stickers, available
to the clerks on or before April 1 each year.
(f) THE EXECUTIVE DIRECTOR, OR AN OFFICER OF THE FIELD
ENFORCEMENT DIVISION OF THE ALCOHOL AND TOBACCO COMMISSION, MAY
MAKE INVESTIGATIONS AND ISSUE CITATIONS TO ENFORCE THIS TITL E.
(G) The Comptroller may adopt regulations to:
(1) carry out this title; and
(2) define any term used in this title.
17–2104.
With the approval of the Comptroller OR THE EXECUTIVE DIRECTOR, AS
APPROPRIATE , the chief license inspector [or], an assistant license inspector, OR AN
AGENT OF THE FIELD ENFORCEMENT DIVISION OF THE ALCOHOL AND TOBACCO
COMMISSION shall begin proceedings to prosecute each person who:
(1) is required to get a license from a clerk under this title; but
(2) fails to get the license or to pay an adequate license fee.
Article – Commercial Law
11–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Basic cost of cigarettes” means the lesser of the invoice cost or the
replacement cost of cigarettes to the retailer or wholesaler; plus any in–freight charge to
the wholesaler otherwise not included in the invoice cost or the replacement cost; plus, for
the wholesaler, the full face value of any applicable Maryland cigarette tax payable by the
wholesaler; minus any trade discount or discount for cash.
(c) (1) “Cigarettes” means any size or shaped roll for smoking that is made of
tobacco or tobacco mixed with another ingredient and wrapped in paper or in any other
material except tobacco. Ch. 450 2023 LAWS OF MARYLAND
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(2) “Cigarettes” does not include cigars.
(d) (1) “Cost to the retailer”, subject to the special cost provisions of § 11–503
of this subtitle, means the basic cost of cigarettes to a retailer, which includes the cost to a
wholesaler, plus a markup to cover his cost of doing business, which cost of doing business,
in the absence of satisfactory proof of a lesser cost, is presumed to be 8 percent of the basic
cost of cigarettes to him.
(2) As to each carton of 200 cigarettes, a fractional part of a cent equal to
one–tenth of a cent or more in the cost to the retailer shall be rounded off to the next higher
cent.
(e) (1) “Cost to the wholesaler”, subject to the special cost provisions of §
11–503 of this subtitle, means the basic cost of cigarettes to a wholesaler, plus a markup to
cover his cost of doing business, which cost of doing business:
(i) Includes the cartage cost to a retailer; and
(ii) In the absence of satisfactory proof of a lesser cost, is presumed
to be 5 percent of the basic cost of cigarettes to him.
(2) As to each carton of 200 cigarettes, a fractional part of a cent equal to
one–tenth of a cent or more in the cost to the wholesaler shall be rounded off to the next
higher cent.
(f) (1) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
THE ALCOHOL AND TOBACCO COMMISSION.
(2) “EXECUTIVE DIRECTOR” INCLUDES A DEPUTY , AN INSPECTOR, A
CLERK, OR ANY OTHER INDIVID UAL AUTHORIZED TO AC T BY THE EXECUTIVE
DIRECTOR.
(G) “Person” includes an individual, corporation, business trust, statutory trust,
estate, trust, partnership, association, two or more persons having a joint or common
interest, or any other legal or commercial entity.
[(g)] (H) “Replacement cost” means the cost per unit for which the cigarettes
could have been bought by the wholesaler or retailer at any time within 30 days before the
date of sale by him if bought in the same quantity as his last purchase of the cigarettes.
[(h)] (I) “Retail sale of cigarettes” includes any sale whereby cigarettes are sold
for a valuable consideration, including an exchange or barter and a sale through a vending
machine, made in the ordinary course of trade or the usual conduct of the seller’s business
to a purchaser for consumption or use other than resale. WES MOORE, Governor Ch. 450
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[(i)] (J) (1) “Retailer” includes any person engaged in the business of making
retail sales of cigarettes within the State at a store, stand, booth, or concession, through
vending machines, or otherwise.
(2) If the person is engaged in the business of making both retail sales of
cigarettes and wholesale sales of cigarettes, the word only applies to the retail sales of
cigarettes portion of the business.
[(j)] (K) “Sell” includes advertise, offer to sell, or offer for sale.
[(k)] (L) “Vending machine operator” means a person who:
(1) Makes retail sales of cigarettes or has cigarettes in his possession with
the intent to sell them exclusively at retail through the medium of a vending machine or
any other mechanical device used for dispensing cigarettes;
(2) Owns, operates, and services vending machines or other mechanical
devices used to dispense cigarettes on 40 or more premises; and
(3) Services the machines or devices by maintaining an established place
of business for the purchase of cigarettes, including warehousing facilities for the storage
and distribution of cigarettes.
[(l)] (M) (1) “Wholesale sale of cigarettes” includes any sale whereby
cigarettes are sold for a valuable consideration, made in the ordinary course of trade or in
the usual conduct of the seller’s business to a retailer, other than to a vending machine
operator or to a sub–wholesaler described in subsection (m)(2) of this section, for the bona
fide purpose of resale.
(2) “Wholesale sale of cigarettes” includes any transfer of cigarettes on
consignment or otherwise, whereby title is retained by the seller as security for the payment
of the purchase price.
[(m)] (N) (1) “Wholesaler” means a person who purchases cigarettes directly
from a manufacturer.
(2) “Wholesaler” includes a person, who, as a sub–wholesaler:
(i) Purchases cigarettes from another wholesaler solely for the
purpose of bona fide resale to retailers other than those directly or indirectly owned,
affiliated, or controlled by him; and
(ii) Services the retailers by maintaining an established place of
business for the sale of cigarettes, including warehouse facilities, adequate inventory, Ch. 450 2023 LAWS OF MARYLAND
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proper accounting records, and necessary equipment and vehicles for the storage and
distribution of cigarettes.
(3) If the person is engaged in the business of making both wholesale sales
of cigarettes and retail sales of cigarettes, the word only applies to the wholesale sales of
cigarettes portion of the business.
11–506.
(a) In any proceeding under this subtitle, including a proceeding relating to
licenses before the [State Comptroller] EXECUTIVE DIRECTOR, proof of a sale by a
retailer or a wholesaler of cigarettes or of any other item in combination or in connection
with cigarettes at less than their cost to the retailer or their cost to the wholesaler,
respectively, is prima facie evidence of intent to injure a competitor or to destroy or
substantially lessen competition.
(b) In determining cost to the retailer or cost to the wholesaler, the [State
Comptroller] EXECUTIVE DIRECTOR or the court shall receive and consider evidence:
(1) That the person complained against purchased cigarettes at a fictitious
price or on terms, in a manner, or under invoices which conceal the true costs, discounts,
or terms of purchase; and
(2) Of the normal, customary, and prevailing terms and discounts in
connection with other sales of a similar nature in the trade area.
11–507.
(a) It is the duty of the [State Comptroller] EXECUTIVE DIRECTOR to enforce
this subtitle.
(b) The [State Comptroller] EXECUTIVE DIRECTOR shall:
(1) Employ and determine the duties and compensation of the inspectors
and other personnel necessary to enforce this subtitle; and
(2) Adopt reasonable rules and regulations necessary to effectuate and
enforce the policies of this subtitle.
11–508.
(a) (1) On complaint of the [State Comptroller] EXECUTIVE DIRECTOR or
any person affected, a circuit court has jurisdiction to:
(i) Enjoin a retailer or wholesaler from the commission of any act
prohibited by this subtitle; and WES MOORE, Governor Ch. 450
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(ii) Award damages and costs.
(2) In an action for injunctive relief, it is not necessary for the complainant
to allege or prove that an adequate remedy at law does not exist or that the complainant
has suffered actual damages.
(b) If injunctive relief is not sought or required, an injured person may institute
an action for damages in any court of competent jurisdiction.
(c) On violation of this subtitle, the [State Comptroller] EXECUTIVE DIRECTOR
shall suspend or revoke the cigarette license of the offender required by § 16–210 of the
Business Regulation Article.
11–5A–01.
(a) In this subtitle the following words have the meanings indicated.
(b) “EXECUTIVE DIRECTOR” HAS THE MEANING STATED IN § 11–501 OF
THIS TITLE.
(C) “Retailer” has the meaning stated in [§ 11–501(i)] § 11–501 of this title.
[(c)] (D) “Sell” has the meaning stated in [§ 11–501(j)] § 11–501 of this title.
[(d)] (E) “Unpackaged cigarette” means any cigarette not contained in a sealed
package of 20 or more cigarettes.
[(e)] (F) “Vending machine operator” has the meaning stated in [§ 11–501(k)] §
11–501 of this title.
[(f)] (G) “Wholesaler” has the meaning stated in [§ 11–501(m)] § 11–501 of this
title.
11–5A–03.
(a) The [State Comptroller] EXECUTIVE DIRECTOR shall enforce this subtitle.
(b) The [State Comptroller] EXECUTIVE DIRECTOR shall:
(1) Employ and determine the duties and compensation of the inspectors
and other personnel necessary to enforce this subtitle; and
(2) Adopt reasonable regulations necessary to effectuate and enforce the
provisions of this subtitle.
Ch. 450 2023 LAWS OF MARYLAND
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Article – Courts and Judicial Proceedings
5–523.
(a) (1) In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “Comptroller” means the Comptroller of the State.
(3) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
THE ALCOHOL AND TOBACCO COMMISSION.
(b) If, in good faith and with reasonable grounds, the Comptroller, THE
EXECUTIVE DIRECTOR, or a peace officer of the State seizes contraband property or a
conveyance used to transport contraband property under § 13–835 of the Tax – General
Article, the Comptroller, EXECUTIVE DIRECTOR, or peace officer is not civilly or
criminally liable for the seizure.
Article – Criminal Law
10–107.
(b) (2) A person who distributes tobacco products for commercial purposes,
including a person licensed under Title 16, TITLE 16.5, TITLE 16.7, OR TITLE 16.9 of the
Business Regulation Article, may not distribute to an individual under the age of 21 years:
(i) a tobacco product;
(ii) tobacco paraphernalia; or
(iii) a coupon redeemable for a tobacco product.
10–108.
(a) A person who distributes products containing delta –8– or
delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title
16.7, TITLE 16.9, or Title 17 of the Business Regulation Article, may not distribute,
purchase for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol
to an individual under the age of 21 years.
Article – Health – General
18–213.
WES MOORE, Governor Ch. 450
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(a) (5) “Law enforcement officer” means any person who, in an official
capacity, is authorized by law to make arrests and who is a member of one of the following
law enforcement agencies:
(i) The Department of State Police;
(ii) The Baltimore City Police Department;
(iii) The police department, bureau, or force of any county;
(iv) The police department, bureau, or force of any incorporated city
or town;
(v) The office of the sheriff of any county;
(vi) The police department, bureau, or force of any bicounty agency
or constituent institution of the University System of Maryland, Morgan State University,
St. Mary’s College, or of any institution under the jurisdiction of the Maryland Higher
Education Commission;
(vii) The Maryland Transit Administration police force of the
Department of Transportation, the Maryland Transportation Authority Police Force, and
the Maryland Port Administration police force of the Department of Transportation;
(viii) The law enforcement officers of the Department of Natural
Resources;
(ix) The Field Enforcement Bureau of the Comptroller’s Office;
(x) THE FIELD ENFORCEMENT DIVISION OF THE ALCOHOL
AND TOBACCO COMMISSION;
(XI) The Crofton Police Department;
[(xi)] (XII) The Intelligence and Investigative Division of the
Department of Public Safety and Correctional Services; or
[(xii)] (XIII) The Ocean Pines Police Department.
24–307.
(b) A person who distributes tobacco products for commercial purposes, including
a person licensed under Title 16, TITLE 16.5, TITLE 16.7, OR TITLE 16.9 of the Business
Regulation Article, may not distribute to an individual under the age of 21 years:
(1) A tobacco product; Ch. 450 2023 LAWS OF MARYLAND
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(2) Tobacco paraphernalia; or
(3) A coupon redeemable for a tobacco product.
(c) (1) A person who violates subsection (b) of this section is subject to a civil
penalty not exceeding:
(i) $300 for a first violation;
(ii) $1,000 for a second violation occurring within 24 months after
the first violation; and
(iii) $3,000 for each subsequent violation occurring within 24 months
after the preceding violation.
(2) The local health departments shall report violations of subsection (b) of
this section to the [Comptroller’s Office] EXECUTIVE DIRECTOR OF THE ALCOHOL AND
TOBACCO COMMISSION.
(3) Issuance of a civil citation for a violation of this section precludes
prosecution under § 10–107 of the Criminal Law Article arising out of the same violation.
(4) If a violation is committed by a person acting on behalf of a retailer, the
civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer.
(f) (1) The Maryland Department of Health, in collaboration and consultation
with the Office of the Comptroller, THE EXECUTIVE DIRECTOR OF THE ALCOHOL AND
TOBACCO COMMISSION, local health departments, and local law enforcement agencies,
shall develop ongoing strategies for enforcement of §§ 10–107 and 10–108 of the Criminal
Law Article.
Article – Tax – General
1–101.
(a) In this article the following words have the meanings indicated.
(G–2) (1) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
THE ALCOHOL AND TOBACCO COMMISSION.
(2) “EXECUTIVE DIRECTOR” INCLUDES A DEPUTY , AN INSPECTOR ,
OR ANY OTHER INDIVID UAL ACTING WITHIN TH E SCOPE OF THE EXECUTIVE
DIRECTOR’S AUTHORITY.
WES MOORE, Governor Ch. 450
– 63 –
1–205.
(b) Before any license or permit issued by the Comptroller OR THE EXECUTIVE
DIRECTOR may be renewed, the Comptroller shall verify that the applicant has paid all
undisputed taxes and unemployment insurance contributions payable to the Comptroller
or the Secretary of Labor or that the applicant has provided for payment in a manner
satisfactory to the unit responsible for collection.
2–102.
(b) In cooperation with the Executive Director [of the Alcohol and Tobacco
Commission], and in addition to the duties set forth elsewhere in this article and in other
articles of the Code, the Comptroller shall administer the laws that relate to:
(1) the alcoholic beverage tax; and
(2) the tobacco tax.
2–103.
The Comptroller shall adopt reasonable regulations:
(1) to administer the provisions of the tax laws listed in § 2–102(a) of this
subtitle; and
(2) in cooperation with the Executive Director [of the Alcohol and Tobacco
Commission], to administer the provisions of the tax laws listed in § 2–102(b) of this
subtitle.
2–105.
(b) The Comptroller:
(1) shall determine:
(i) the design of tax stamps [and] OR certificates required for the
alcoholic beverage tax and for the tobacco tax; and
(ii) the form of any other evidence of tax payment; and
(2) may adopt any other method or device that the Comptroller considers
necessary to:
(i) prevent fraud or evasion of the alcoholic beverage tax; or
Ch. 450 2023 LAWS OF MARYLAND
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(ii) comply with any restrictions that the federal government
imposes on alcoholic beverages during a war or an emergency.
(c) In cooperation with the Executive Director [of the Alcohol and Tobacco
Commission], the Comptroller:
(1) shall provide tax stamps [and] OR certificates to indicate that the
alcoholic beverage tax or tobacco tax has been paid; and
(2) may adopt reasonable regulations to prevent abuse but ensure the
adequate availability of tax stamps and certificates, including regulations that:
(i) limit excessive disbursement of tax stamps and certificates; and
(ii) require proof of need for tax stamps and certificates.
2–107.
(e) On or before October 1 each year, the Executive Director [of the Alcohol and
Tobacco Commission] shall report to the General Assembly, in accordance with § 2–1257 of
the State Government Article, on:
(1) the aggregate number of licensed tobacco retailers that committed a
violation of § 10–107 of the Criminal Law Article and the aggregate number of minors who
committed a violation of § 10–107 of the Criminal Law Article during the reporting period;
(2) the number of prior violations for licensed tobacco retailers and minors
that committed a violation during the reporting period; and
(3) the subsequent action taken by the Executive Director against each
violator and, for each action taken, the number of violations committed by the violator.
2–108.
If, in good faith and with reasonable grounds, the Comptroller, THE EXECUTIVE
DIRECTOR, or a peace officer of the State seizes contraband property or a conveyance used
to transport contraband property under § 13–835 of this article, the Comptroller, THE
EXECUTIVE DIRECTOR, or peace officer shall have the immunity from liability described
under § 5–523 of the Courts and Judicial Proceedings Article.
2–303.
The Comptroller shall distribute the proceeds from sales of contraband alcoholic
beverages and conveyances under § 13–841(a) OR (D) of this article to the General Fund.
WES MOORE, Governor Ch. 450
– 65 –
5–101.
(a) In this title the following words have the meanings indicated.
[(m) “Tax stamp” means a device in the design and deno mination that the
Comptroller authorizes for the purpose of being affixed to a container of distilled spirits as
evidence that the alcoholic beverage tax is paid.]
[(n)] (M) (1) “Wholesaler” means a person who buys or imports an alcoholic
beverage for sale to another person for resale.
(2) “Wholesaler” includes a county department of liquor control, a liquor
control board, or the Alcohol Beverage Services for Montgomery County that operates a
wholesale dispensary.
[(o)] (N) (1) “Wine” means a fermented alcoholic beverage.
(2) “Wine” includes:
(i) carbonated, flavored, imitation, sparkling, or still wine;
(ii) champagne;
(iii) cider;
(iv) fortified wine;
(v) perry;
(vi) sake; and
(vii) vermouth.
12–203.
(b) A wholesaler shall:
(1) keep the records required under subsection (a) of this section for a
period of 6 years or for a shorter period that the Comptroller authorizes; and
(2) allow the Comptroller OR THE EXECUTIVE DIRECTOR to examine the
records.
12–204.
(a) The Comptroller shall adopt regulations that: Ch. 450 2023 LAWS OF MARYLAND
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(1) require an out–of–state seller to maintain records of the cost of
premium cigars and pipe tobacco acquired for sale into the State; and
(2) specify the period for which an out–of–state seller must maintain the
records required under item (1) of this subsection.
(b) An out–of–state seller shall allow the Comptroller OR THE EXECUTIVE
DIRECTOR to examine the records maintained in accordance with subsection (a) of this
section.
13–710.
If the Comptroller, THE EXECUTIVE DIRECTOR, or any police officer seizes distilled
spirits or mash in connection with an arrest of a person for the unlawful manufacture of
distilled spirits in the State, on conviction of the person, the Comptroller shall assess a
penalty of $5 for each 100 proof gallon on:
(1) all distilled spirits seized; or
(2) the potential quantity of distilled spirits that may be manufactured
from the quantity of mash seized.
13–835.
(a) The Comptroller, THE EXECUTIVE DIRECTOR, or a peace officer of the State
may:
(1) seize contraband alcoholic beverages or contraband tobacco products in
the State without a warrant;
(2) stop and search a conveyance in the State if the Comptroller, THE
EXECUTIVE DIRECTOR, or officer knows or has reason to suspect that the conveyance is
being used to transport in the State contraband tobacco products having a retail value of
$100 or more or contraband alcoholic beverages; and
(3) seize a conveyance being used in the State to transport contraband
alcoholic beverages or contraband tobacco products.
13–836.
(a) (1) If contraband alcoholic beverages or contraband tobacco products are
seized:
WES MOORE, Governor Ch. 450
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(i) the Comptroller, THE EXECUTIVE DIRECTOR, or police officer
shall give a notice of seizure to the person from whom the property is seized at the time of
the seizure; and
(ii) the Comptroller OR THE EXECUTIVE DIRECTOR shall:
1. where possible, give a notice of seizure to the registered
owner of a seized conveyance; and
2. publish a notice of seizure of the conveyance in a
newspaper of general circulation in the county where the seizure occurred.
(b) (1) A police officer who seizes a conveyance used to transport contraband
alcoholic beverages promptly shall notify the Comptroller AND THE EXECUTIVE
DIRECTOR of the seizure.
(2) A police officer who seizes any contraband tobacco products or
conveyance used to transport contraband tobacco products shall deliver the seized
cigarettes or other tobacco products and conveyance to the Comptroller OR THE
EXECUTIVE DIRECTOR, AS APPROPRIATE .
13–837.
The owner or another person with an interest in seized property may file a claim for
the return of the property with the Comptroller OR THE EXECUTIVE DIRECTOR within
30 days after:
(1) the seizure of alcoholic beverages, cigarettes, other tobacco products,
motor fuel or conveyances used to transport motor fuel; or
(2) a notice of seizure of a conveyance used to transport alcoholic beverages,
cigarettes, or other tobacco products is published.
13–838.
(b) (3) Absent a finding under paragraph (2) of this subsection, the
Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE , in the best interest of
the State may:
(i) pay the outstanding indebtedness secured by the lawful lien and
keep the property; or
(ii) deliver the property to the lien holder.
13–839.
Ch. 450 2023 LAWS OF MARYLAND
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(a) If a person files a claim for return of seized alcoholic beverages, cigarettes,
other tobacco products, or a conveyance used for their transportation under § 13–837 of this
subtitle, the Comptroller, THE EXECUTIVE DIRECTOR, or [the Comptroller’s] THEIR
designee shall:
(1) promptly act on the request and hold an informal hearing;
(2) direct the return of alcoholic beverages, cigarettes, or other tobacco
products unless the Comptroller, THE EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR
designee has satisfactory proof that the person was not in compliance with any provisions
of Title 5 or Title 12 of this article at the time of seizure; and
(3) direct the return of the conveyance if the Comptroller, THE
EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR designee has satisfactory proof that
the owner of the conveyance was not willfully evading any provisions of Title 5 or Title 12
of this article at the time of seizure.
(b) The Comptroller, THE EXECUTIVE DIRECTOR, or [Comptroller’s] THEIR
designee shall grant or deny the application for return of seized alcoholic beverages,
cigarettes, other tobacco products, or a conveyance in accordance with subsection (a) of this
section by mailing the person a notice of final determination.
13–841.
(a) (1) Contraband alcoholic beverages that are seized under this title and
forfeited may be disposed of or destroyed in the manner allowed under §§ 6–105, 6–106,
and 6–328 of the Alcoholic Beverages Article.
(2) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE ,
shall sell at public auction a conveyance that is seized under this title in connection with
contraband alcoholic beverages and forfeited.
(b) (1) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE ,
shall sell contraband tobacco products seized under this title and forfeited to a State
institution, a nonprofit charitable institution, a licensed cigarette wholesaler, or a licensed
cigarette manufacturer in the manner the Comptroller OR EXECUTIVE DIRECTOR
determines.
(2) The Comptroller OR THE EXECUTIVE DIRECTOR, AS APPROPRIATE ,
shall sell at public auction a conveyance that is seized under this title in connection with
contraband tobacco products and forfeited.
(d) (1) In the manner required under Title 2 of this article for distributions of
revenue, the Comptroller shall distribute the net proceeds from the sale of any conveyance
or other property under this section after paying: WES MOORE, Governor Ch. 450
– 69 –
[(1)] (I) the costs incurred in conjunction with the seizure and disposal of
the property;
[(2)] (II) the cost of the sale; and
[(3)] (III) any bona fide lien against the conveyance.
(2) IF THE EXECUTIVE DIRECTOR SELLS AT PUBLIC AUCT ION A
CONVEYANCE OR OTHER PROPERTY S EIZED UNDER THIS SEC TION, THE EXECUTIVE
DIRECTOR SHALL TRANSF ER THE NET PROCEEDS OF THE SALE TO THE
COMPTROLLER FOR DISTR IBUTION UNDER TITLE 2 OF THIS ARTICLE.
[13–1011.
A person who counterfeits an alcoholic beverage tax stamp, as defined in § 5–101 of
this article, or certificate is guilty of a crime and, on conviction, is subject to a fine not
exceeding $10,000 or imprisonment not exceeding 5 years or both.]
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, May 8, 2023.