Maryland 2024 Regular Session

Maryland Senate Bill SB1041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 918
2	1
3		-	– 1 –
4		-	Chapter 918
5		-	(Senate Bill 1041)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb1041
8	10
9		-	Alcoholic Beverages – Breweries, Wineries, and Distilleries – Direct Delivery
10		-	and Direct Shipment
	11	+	SENATE BILL 1041
	12	+	A1 (4lr1746)
	13	+	ENROLLED BILL
	14	+	— Finance/Economic Matters —
	15	+	Introduced by Senators Gile and Folden
11	16
12		-	FOR the purpose of establishing certain permits authorizing the direct delivery or shipment
13		-	of certain alcoholic beverages to a consumer in the State; establishing that certain
14		-	affiliates of the holders of nonresident brewery permits or nonresident distillery
15		-	permits are included in certain production limits; authorizing common carriers to
16		-	transport, if applicable, beer or liquor; establishing the requirements an individual
17		-	must meet in order to qualify for a direct–to–consumer alcoholic beverages delivery
18		-	or shipping permit; establishing a maximum amount that a recipient of an alcoholic
19		-	beverages delivery or shipment may receive annually; repealing a maximum amount
20		-	that a consumer may purchase when visiting certain alcoholic beverage
21		-	manufacturers; requiring a holder of a direct beer shipper’s permit or direct liquor
22		-	shipper’s permit to post security for the alcoholic beverage tax in a certain amount;
23		-	and generally relating to alcoholic beverages.
	17	+	Read and Examined by Proofreaders:
24	18
25		-	BY repealing and reenacting, with amendments,
26		-	Article – Alcoholic Beverages and Cannabis
27		-	Section 2–132 and 2–132.1; and 2–142 through 2–147 and 2–150 through 2–152 to
28		-	be under the amended part “Part V. Direct Wine Delivery, Direct Wine
29		-	Shipper’s, and Common Carrier Permits”; and 2–202(k), 2–205(c) and (d),
30		-	2–206(h), and 2–214(a)
31		-	Annotated Code of Maryland
32		-	(2016 Volume and 2023 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
33	23
34		-	BY repealing and reenacting, without amendments,
35		-	Article – Alcoholic Beverages and Cannabis
36		-	Section 2–148, 2–149, 2–153, 2–154, 2–202(a), 2–205(a), 2–206(a), and 2–207(b)
37		-	Annotated Code of Maryland
38		-	(2016 Volume and 2023 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
39	25
40		-	BY adding to
41		-	Article – Alcoholic Beverages and Cannabis
42		-	Section 2–148.1 and 2–149.1; and 2–167 through 2–176 2–175 to be under the new
43		-	part “Part VIII. Direct–to–Consumer Beer and Liquor Shipping and Delivery”;
44		-	and 2–202(k) and (l), 2–205(d) and (e), 2–206(h) and (i), and 2–207(k) and (l)
45		-	Annotated Code of Maryland
46		-	(2016 Volume and 2023 Supplement)
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
47	27
48		-	~~BY repealing and reenacting, without amendments,~~
49		-	~~Article – Tax – General Ch. 918 2024 LAWS OF MARYLAND~~
	28	+	______________________________________________
	29	+	President.
50	30
51		-	– 2 –
52		-	Section 13–825(a) and (i)
53		-	Annotated Code of Maryland
54		-	(2022 Replacement Volume and 2023 Supplement)
	31	+	CHAPTER ______
55	32
56		-	BY repealing and reenacting, with amendments,
57		-	Article – Tax – General
58		-	Section 13–825(b)
59		-	Annotated Code of Maryland
60		-	(2022 Replacement Volume and 2023 Supplement)
	33	+	AN ACT concerning 1
61	34
62		-	BY repealing and reenacting, with amendments,
63		-	Article – Alcoholic Beverages and Cannabis
64		-	Section 2–202(c) and 2–207(d)
65		-	Annotated Code of Maryland
66		-	(2016 Volume and 2023 Supplement)
67		-	(As enacted by Section 3 of Chapters 359 and 360 of the Acts of the General Assembly
68		-	of 2021, as amended by Chapters 477 and 478 of the Acts of the General
69		-	Assembly of 2022 and Chapter 594 of the Acts of the General Assembly of
70		-	2023)
	35	+	Alcoholic Beverages – Breweries, Wineries, and Distilleries – Direct Delivery 2
	36	+	and Direct Shipment 3
71	37
72		-	BY repealing and reenacting, without amendments,
73		-	Article – Alcoholic Beverages and Cannabis
74		-	Section 2–207(c)
75		-	Annotated Code of Maryland
76		-	(2016 Volume and 2023 Supplement)
77		-	(As enacted by Section 3 of Chapters 359 and 360 of the Acts of the General Assembly
78		-	of 2021, as amended by Chapters 477 and 478 of the Acts of the General
79		-	Assembly of 2022 and Chapter 594 of the Acts of the General Assembly of
80		-	2023)
	38	+	FOR the purpose of establishing certain permits authorizing the direct delivery or shipment 4
	39	+	of certain alcoholic beverages to a consumer in the State; establishing that certain 5
	40	+	affiliates of the holders of nonresident brewery permits or nonresident distillery 6
	41	+	permits are included in certain production limits; authorizing common carriers to 7
	42	+	transport, if applicable, beer or liquor; establishing the requirements an individual 8
	43	+	must meet in order to qualify for a direct–to–consumer alcoholic beverages delivery 9
	44	+	or shipping permit; establishing a maximum amount that a recipient of an alcoholic 10
	45	+	beverages delivery or shipment may receive annually; repealing a maximum amount 11
	46	+	that a consumer may purchase when visiting certain alcoholic beverage 12
	47	+	manufacturers; requiring a holder of a direct beer shipper’s permit or direct liquor 13
	48	+	shipper’s permit to post security for the alcoholic beverage tax in a certain amount; 14
	49	+	and generally relating to alcoholic beverages. 15 2 SENATE BILL 1041
81	50
82		-	Preamble
83	51
84		-	WHEREAS, Section 1–201(a)(1)(i) of the Alcoholic Beverages and Cannabis Article
85		-	states, in part, that it is the policy of the State to regulate and control the manufacture,
86		-	sale, distribution, transportation, and storage of alcoholic beverages in the State for the
87		-	purposes of obtaining respect and obedience to the law and to foster and promote
88		-	temperance; and
89	52
90		-	WHEREAS, Section 1–201(b)(1) of the Alcoholic Beverages and Cannabis Article
91		-	states that it is the policy of the State to authorize the Office of the Executive Director and
92		-	others to displace or limit economic competition by regulating and engaging in the sale or
93		-	distribution of alcoholic beverages; and
	53	+	BY repealing and reenacting, with amendments, 1
	54	+	Article – Alcoholic Beverages and Cannabis 2
	55	+	Section 2–132 and 2–132.1; and 2–142 through 2–147 and 2–150 through 2–152 to 3
	56	+	be under the amended part “Part V. Direct Wine Delivery, Direct Wine 4
	57	+	Shipper’s, and Common Carrier Permits”; and 2–202(k), 2–205(c) and (d), 5
	58	+	2–206(h), and 2–214(a) 6
	59	+	Annotated Code of Maryland 7
	60	+	(2016 Volume and 2023 Supplement) 8
94	61
95		-	WHEREAS, Section 1–201(b)(1)(i) through (iv) of the Alcoholic Beverages and
96		-	Cannabis Article states that it is the policy of the State to obtain respect and obedience for
97		-	the law, promote and foster temperance, prevent deceptive, destructive, and unethical WES MOORE, Governor Ch. 918
	62	+	BY repealing and reenacting, without amendments, 9
	63	+	Article – Alcoholic Beverages and Cannabis 10
	64	+	Section 2–148, 2–149, 2–153, 2–154, 2–202(a), 2–205(a), 2–206(a), and 2–207(b) 11
	65	+	Annotated Code of Maryland 12
	66	+	(2016 Volume and 2023 Supplement) 13
98	67
99		-	– 3 –
100		-	business practices, and promote the general welfare of residents of the State by controlling
101		-	the sale and distribution of alcoholic beverages; and
	68	+	BY adding to 14
	69	+	Article – Alcoholic Beverages and Cannabis 15
	70	+	Section 2–148.1 and 2–149.1; and 2–167 through 2–176 2–175 to be under the new 16
	71	+	part “Part VIII. Direct–to–Consumer Beer and Liquor Shipping and Delivery”; 17
	72	+	and 2–202(k) and (l), 2–205(d) and (e), 2–206(h) and (i), and 2–207(k) and (l) 18
	73	+	Annotated Code of Maryland 19
	74	+	(2016 Volume and 2023 Supplement) 20
102	75
103		-	~~WHEREAS, To accomplish~~ and ~~ensure that the State can carry out its duties as~~
104		-	~~required in the Alcoholic Beverages and Cannabis~~ Article~~, this Act reaffirms the legitimacy~~
105		-	~~of the three–tiered system as a means of regulating the alcoholic beverages industry as~~
106		-	~~stipulated by the Supreme Court~~ of ~~the United States in Tennessee Wine and Spirits~~
107		-	~~Retailers Assn. v. Thomas, 139 S. Ct. 2449~~ (~~2019);~~ and
	76	+	BY repealing and reenacting, without amendments, 21
	77	+	Article – Tax – General 22
	78	+	Section 13–825(a) and (i) 23
	79	+	Annotated Code of Maryland 24
	80	+	(2022 Replacement Volume and 2023 Supplement) 25
108	81
109		-	WHEREAS, It is the intent of the General Assembly to limit the issuance of direct
110		-	delivery permits by the Office of the Executive Director to licensed Maryland
111		-	manufacturers in order to protect public health and provide strong incentives not to sell
112		-	alcohol in a way that threatens public health or safety; now, therefore,
	82	+	BY repealing and reenacting, with amendments, 26
	83	+	Article – Tax – General 27
	84	+	Section 13–825(b) 28
	85	+	Annotated Code of Maryland 29
	86	+	(2022 Replacement Volume and 2023 Supplement) 30
113	87
114		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
115		-	That the Laws of Maryland read as follows:
	88	+	BY repealing and reenacting, with amendments, 31
	89	+	Article – Alcoholic Beverages and Cannabis 32
	90	+	Section 2–202(c) and 2–207(d) 33
	91	+	Annotated Code of Maryland 34
	92	+	(2016 Volume and 2023 Supplement) 35
	93	+	(As enacted by Section 3 of Chapters 359 and 360 of the Acts of the General Assembly 36
	94	+	of 2021, as amended by Chapters 477 and 478 of the Acts of the General 37
	95	+	Assembly of 2022 and Chapter 594 of the Acts of the General Assembly of 38
	96	+	2023) 39
116	97
117		-	~~Article – Alcoholic Beverages~~ and ~~Cannabis~~
	98	+	BY repealing and reenacting, without amendments, 40 SENATE BILL 1041 3
118	99
119		-	2–132.
120	100
121		-	(a) IN THIS SECTION , “AFFILIATE” MEANS A PERSON THAT DIRECTLY OR
122		-	INDIRECTLY THROUGH O NE OR MORE INTERMEDI ARIES CONTROLS , IS CONTROLLED
123		-	BY, OR IS UNDER COMMON C ONTROL WITH A HOLDER OF A NONRESIDENT BRE WERY
124		-	PERMIT.
	101	+	Article – Alcoholic Beverages and Cannabis 1
	102	+	Section 2–207(c) 2
	103	+	Annotated Code of Maryland 3
	104	+	(2016 Volume and 2023 Supplement) 4
	105	+	(As enacted by Section 3 of Chapters 359 and 360 of the Acts of the General Assembly 5
	106	+	of 2021, as amended by Chapters 477 and 478 of the Acts of the General 6
	107	+	Assembly of 2022 and Chapter 594 of the Acts of the General Assembly of 7
	108	+	2023) 8
125	109
126		-	~~(B) There is a nonresident brewery permit.~~
	110	+	Preamble 9
127	111
128		-	[(b)] (C) The Executive Director may issue the permit to a person that:
	112	+	WHEREAS, Section 1–201(a)(1)(i) of the Alcoholic Beverages and Cannabis Article 10
	113	+	states, in part, that it is the policy of the State to regulate and control the manufacture, 11
	114	+	sale, distribution, transportation, and storage of alcoholic beverages in the State for the 12
	115	+	purposes of obtaining respect and obedience to the law and to foster and promote 13
	116	+	temperance; and 14
129	117
130		-	(1) is licensed outside the State to engage in the manufacture of beer;
	118	+	WHEREAS, Section 1–201(b)(1) of the Alcoholic Beverages and Cannabis Article 15
	119	+	states that it is the policy of the State to authorize the Office of the Executive Director and 16
	120	+	others to displace or limit economic competition by regulating and engaging in the sale or 17
	121	+	distribution of alcoholic beverages; and 18
131	122
132		-	(2) produces in the aggregate from all of its locations not more than
133		-	[22,500] 45,000 barrels of beer annually, ALONE OR IN COMBINAT ION WITH ITS
134		-	AFFILIATES; and
	123	+	WHEREAS, Section 1–201(b)(1)(i) through (iv) of the Alcoholic Beverages and 19
	124	+	Cannabis Article states that it is the policy of the State to obtain respect and obedience for 20
	125	+	the law, promote and foster temperance, prevent deceptive, destructive, and unethical 21
	126	+	business practices, and promote the general welfare of residents of the State by controlling 22
	127	+	the sale and distribution of alcoholic beverages; and 23
135	128
136		-	(3) does not hold a nonresident dealer’s permit.
	129	+	WHEREAS, To accomplish and ensure that the State can carry out its duties as 24
	130	+	required in the Alcoholic Beverages and Cannabis Article, this Act reaffirms the legitimacy 25
	131	+	of the three–tiered system as a means of regulating the alcoholic beverages industry as 26
	132	+	stipulated by the Supreme Court of the United States in Tennessee Wine and Spirits 27
	133	+	Retailers Assn. v. Thomas, 139 S. Ct. 2449 (2019); and 28
137	134
138		-	~~[(c)] (D) (1)~~ The ~~permit authorizes~~ the ~~permit holder~~ to ~~sell and deliver not~~
139		-	~~more than 3,000 barrels~~ of the ~~permit holder’s own beer annually from a location outside~~
140		-	~~the State~~ to ~~a retail license holder or permit holder in the State authorized~~ to ~~acquire the~~
141		-	~~beer.~~
	135	+	WHEREAS, It is the intent of the General Assembly to limit the issuance of direct 29
	136	+	delivery permits by the Office of the Executive Director to licensed Maryland 30
	137	+	manufacturers in order to protect public health and provide strong incentives not to sell 31
	138	+	alcohol in a way that threatens public health or safety; now, therefore, 32
142	139
143		-	(2) The permit holder shall comply with all the requirements of this article,
144		-	the Tax – General Article, and the regulations of the Comptroller or Executive Director
145		-	that apply to a holder of a Class 7 limited beer wholesaler’s license. Ch. 918 2024 LAWS OF MARYLAND
	140	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33
	141	+	That the Laws of Maryland read as follows: 34
146	142
147		-	~~– 4~~ –
	143	+	Article – Alcoholic Beverages and Cannabis 35
148	144
149		-	[(d)] (E) The annual permit fee is $50.
	145	+	2–132. 36
	146	+	4 SENATE BILL 1041
150	147
151		-	2–132.1.
152	148
153		-	(a) IN THIS SECTION , “AFFILIATE” MEANS A PERSON THAT DIRECTLY OR
154		-	INDIRECTLY THROUGH O NE OR MORE INTERMEDI ARIES CONTROLS , IS CONTROLLED
155		-	BY, OR IS UNDER COMMON C ONTROL WITH A HOLDER OF A NONRESIDENT
156		-	~~DISTILLERY~~ PERMIT .
	149	+	(a) IN THIS SECTION , “AFFILIATE” MEANS A PERSON THAT DIRECTLY OR 1
	150	+	INDIRECTLY THROUGH O NE OR MORE INTERMEDI ARIES CONTROLS , IS CONTROLLED 2
	151	+	BY, OR IS UNDER COMMON C ONTROL WITH A HOLDER OF A NONRESIDENT BREWERY 3
	152	+	PERMIT. 4
157	153
158		-	(B) There is a nonresident ~~distillery~~ permit.
	154	+	(B) There is a nonresident brewery permit. 5
159	155
160		-	[(b)] (C) The Executive Director may issue the permit to a person that:
	156	+	[(b)] (C) The Executive Director may issue the permit to a person that: 6
161	157
162		-	(1) is licensed outside the State to engage in the manufacture of ~~liquor~~;
	158	+	(1) is licensed outside the State to engage in the manufacture of beer; 7
163	159
164		-	(2) produces in the aggregate from all of its locations not more than 100,000
165		-	gallons of liquor annually, ALONE OR IN COMBINAT ION WITH ITS AFFILIA TES; and
	160	+	(2) produces in the aggregate from all of its locations not more than 8
	161	+	[22,500] 45,000 barrels of beer annually, ALONE OR IN COMBINAT ION WITH ITS 9
	162	+	AFFILIATES; and 10
166	163
167		-	(3) does not hold a nonresident dealer’s permit.
	164	+	(3) does not hold a nonresident dealer’s permit. 11
168	165
169		-	[(c)] (D) (1) The permit authorizes the permit holder to sell and deliver the
170		-	permit holder’s own liquor from a location outside the State to a retail license holder or
171		-	permit holder in the State authorized to acquire the liquor.
	166	+	[(c)] (D) (1) The permit authorizes the permit holder to sell and deliver not 12
	167	+	more than 3,000 barrels of the permit holder’s own beer annually from a location outside 13
	168	+	the State to a retail license holder or permit holder in the State authorized to acquire the 14
	169	+	beer. 15
172	170
173		-	(2) The permit holder shall comply with all the requirements of this article,
174		-	the Tax – General Article, and the regulations of the Comptroller or Executive Director
175		-	that apply to a holder of a Class 8 limited ~~liquor~~ wholesaler’s license.
	171	+	(2) The permit holder shall comply with all the requirements of this article, 16
	172	+	the Tax – General Article, and the regulations of the Comptroller or Executive Director 17
	173	+	that apply to a holder of a Class 7 limited beer wholesaler’s license. 18
176	174
177		-	[(d)] (E) The annual permit fee is $~~100~~.
	175	+	[(d)] (E) The annual permit fee is $50. 19
178	176
179		-	~~Part V~~. ~~Direct WINE DELIVERY, DIRECT Wine Shipper’s, and Common Carrier Permits.~~
	177	+	2–132.1. 20
180	178
181		-	2–142.
	179	+	(a) IN THIS SECTION , “AFFILIATE” MEANS A PERSON THAT DIRECTLY OR 21
	180	+	INDIRECTLY THROUGH O NE OR MORE INTERMEDI ARIES CONTROLS , IS CONTROLLED 22
	181	+	BY, OR IS UNDER COMMON C ONTROL WITH A HOLDER OF A NONRESIDENT 23
	182	+	DISTILLERY PERMIT . 24
182	183
183		-	(a) ~~In this part the following words have the meanings indicated~~.
	184	+	(B) There is a nonresident distillery permit. 25
184	185
185		-	(b) (1) ~~“Common carrier”~~ ~~means~~ a ~~business entity~~ that:
	186	+	[(b)] (C) The Executive Director may issue the permit to a person that: 26
186	187
187		-	(i) holds itself out as being available to the public to transport in
188		-	interstate or foreign commerce for compensation any class of passenger or property; and
	188	+	(1) is licensed outside the State to engage in the manufacture of liquor; 27
189	189
190		-	(ii) holds a common carrier permit issued under § 2–151 of this
191		-	subtitle.
192		-	WES MOORE, Governor Ch. 918
	190	+	(2) produces in the aggregate from all of its locations not more than 100,000 28
	191	+	gallons of liquor annually, ALONE OR IN COMBINATION WITH ITS AFFILIATES; and 29
193	192
194		-	– 5 –
195		-	(2) “Common carrier” does not include a business entity that transports
196		-	only property the business entity owns or that is consigned to the business entity.
	193	+	(3) does not hold a nonresident dealer’s permit. 30 SENATE BILL 1041 5
197	194
198		-	(c) “DIRECT WINE DELIVERER ” MEANS THE HOLDER OF A DIRECT WINE
199		-	DELIVERY PERMIT ISSU ED UNDER THIS PA RT.
200	195
201		-	(D) “Direct wine shipper” means the holder of a direct wine shipper’s permit
202		-	issued under this part.
203	196
204		-	2–143.
	197	+	[(c)] (D) (1) The permit authorizes the permit holder to sell and deliver the 1
	198	+	permit holder’s own liquor from a location outside the State to a retail license holder or 2
	199	+	permit holder in the State authorized to acquire the liquor. 3
205	200
206		-	(A) A person shall be issued a direct wine shipper’s permit by the Executive
207		-	Director before the person may engage in shipping wine directly to a consumer in the State.
	201	+	(2) The permit holder shall comply with all the requirements of this article, 4
	202	+	the Tax – General Article, and the regulations of the Comptroller or Executive Director 5
	203	+	that apply to a holder of a Class 8 limited liquor wholesaler’s license. 6
208	204
209		-	(B) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING
210		-	WINE DIRECTLY TO A C ONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE
211		-	ISSUED A DIRECT WINE DELIVERY PERMIT .
	205	+	[(d)] (E) The annual permit fee is $100. 7
212	206
213		-	~~2–144~~.
	207	+	Part V. Direct WINE DELIVERY, DIRECT Wine Shipper’s, and Common Carrier Permits. 8
214	208
215		-	~~(A) To qualify for a direct wine shipper’s permit, an applicant shall be:~~
	209	+	2–142. 9
216	210
217		-	(1) a person licensed outside the State to engage in the manufacture of
218		-	wine; or
	211	+	(a) In this part the following words have the meanings indicated. 10
219	212
220		-	(2) a holder of a Class 3 manufacturer’s license or a Class 4 manufacturer’s
221		-	license.
	213	+	(b) (1) “Common carrier” means a business entity that: 11
222	214
223		-	(B) ~~(1)~~ TO ~~QUALIFY FOR A DIRE CT WINE DELIVERY PERMIT, AN~~
224		-	~~APPLICANT SHALL BE :~~
	215	+	(i) holds itself out as being available to the public to transport in 12
	216	+	interstate or foreign commerce for compensation any class of passenger or property; and 13
225	217
226		-	(I) A ~~PERSON LICENSED IN THE STATE TO ENGAGE IN TH E~~
227		-	~~MANUFACTURE OF WINE ; AND~~
	218	+	(ii) holds a common carrier permit issued under § 2–151 of this 14
	219	+	subtitle. 15
228	220
229		-	(II) A ~~HOLDER OF A CLASS 6 LIMITED WINE WHOLESA LER’S~~
230		-	~~LICENSE~~.
	221	+	(2) “Common carrier” does not include a business entity that transports 16
	222	+	only property the business entity owns or that is consigned to the business entity. 17
231	223
232		-	(2) THE HOLDER OF A DIREC T WINE DELIVERY PERM IT ISSUED
233		-	UNDER THIS SUBSECTIO N MAY SELL AND DELIV ER A THE PERMIT HOLDER ’S OWN
234		-	PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN THE
235		-	STATE IF:
	224	+	(c) “DIRECT WINE DELIVERER ” MEANS THE HOLDER OF A DIRECT WINE 18
	225	+	DELIVERY PERMIT ISSU ED UNDER THIS PART . 19
236	226
237		-	(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S:
	227	+	(D) “Direct wine shipper” means the holder of a direct wine shipper’s permit 20
	228	+	issued under this part. 21
238	229
239		-	1. ~~AT LEAST 18 YEARS OLD; AND Ch. 918 2024 LAWS OF MARYLAND~~
	230	+	2–143. 22
240	231
241		-	– 6 –
	232	+	(A) A person shall be issued a direct wine shipper’s permit by the Executive 23
	233	+	Director before the person may engage in shipping wine directly to a consumer in the State. 24
242	234
243		-	2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENESS
244		-	PROGRAM;
	235	+	(B) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING 25
	236	+	WINE DIRECTLY TO A C ONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE 26
	237	+	ISSUED A DIRECT WINE DELIVERY PERMIT . 27
245	238
246		-	(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21
247		-	YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE
248		-	THE WINE AT THE TIME AND PLACE OF DELIVER Y;
	239	+	2–144. 28
249	240
250		-	(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF
251		-	ORDER; AND
	241	+	(A) To qualify for a direct wine shipper’s permit, an applicant shall be: 29 6 SENATE BILL 1041
252	242
253		-	(IV) THE DIRECT WINE DELI VERER AND THE INDIVI DUAL
254		-	RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE
255		-	DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT WINE DELIVERER E XAMINED
256		-	THE RECIPIENT’S GOVERNMENT –ISSUED IDENTIFICATIO N AND THE RECIPIENT WAS
257		-	AT LEAST 21 YEARS OLD.
258	243
259		-	2–145.
260	244
261		-	(a) ~~An applicant for~~ a ~~direct wine shipper’s permit OR A DIRECT WINE DEL IVERY~~
262		-	~~PERMIT shall:~~
	245	+	(1) a person licensed outside the State to engage in the manufacture of 1
	246	+	wine; or 2
263	247
264		-	(1) ~~submit to the Executive Director~~ a ~~completed application on~~ a ~~form that~~
265		-	~~the Executive Director provides;~~
	248	+	(2) a holder of a Class 3 manufacturer’s license or a Class 4 manufacturer’s 3
	249	+	license. 4
266	250
267		-	(2) ~~provide~~ to ~~the Executive Director~~ a ~~copy of the applicant’s current~~
268		-	~~MANUFACTURER ’S~~ ~~license;~~
	251	+	(B) (1) TO QUALIFY FOR A DIRECT W INE DELIVERY PERMIT , AN 5
	252	+	APPLICANT SHALL BE : 6
269	253
270		-	(3) ~~identify~~ the ~~wines manufactured by the applicant that the applicant~~
271		-	~~intends to ship [into] OR DELIVER TO A CONS UMER IN the State~~; and
	254	+	(I) A PERSON LICENSED IN THE STATE TO ENGAGE IN TH E 7
	255	+	MANUFACTURE OF WINE ; AND 8
272	256
273		-	(4) ~~pay~~ a ~~fee~~ of ~~$200 for initial issuance of the direct~~ wine ~~shipper~~’s ~~permit~~
274		-	~~OR THE DIRECT WINE D ELIVERY PERMIT~~ .
	257	+	(II) A HOLDER OF A CLASS 6 LIMITED WINE WHOLESA LER’S 9
	258	+	LICENSE. 10
275	259
276		-	(b) The Executive Director shall issue a direct wine shipper’s permit OR A
277		-	DIRECT WINE DELIVERY PERMIT to each applicant who meets the requirements of this
278		-	part for the permit.
	260	+	(2) THE HOLDER OF A DIREC T WINE DELIVERY P ERMIT ISSUED 11
	261	+	UNDER THIS SUBSECTIO N MAY SELL AND DELIV ER A THE PERMIT HOLDER ’S OWN 12
	262	+	PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN THE 13
	263	+	STATE IF: 14
279	264
280		-	~~2–146.~~
	265	+	(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S: 15
281	266
282		-	(A) A direct wine shipper’s permit entitles the holder to sell wine manufactured
283		-	by the holder through a holder of a common carrier permit to a consumer by receiving and
284		-	filling orders that the consumer transmits by electronic or other means.
285		-	WES MOORE, Governor Ch. 918
	267	+	1. AT LEAST 18 YEARS OLD; AND 16
286	268
287		-	– 7 –
288		-	(B) A DIRECT WINE DELIVERY PERMIT ENTITLES THE HOLDER TO SELL AND
289		-	DELIVER WINE MANUFAC TURED BY THE HOLDER DIRECTLY TO A CONSUM ER IN THE
290		-	STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER TRANS MITS BY
291		-	ELECTRONIC OR OTHE R MEANS.
	269	+	2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENE SS 17
	270	+	PROGRAM; 18
292	271
293		-	2–147.
	272	+	(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21 19
	273	+	YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE 20
	274	+	THE WINE AT THE TIME AND PLACE OF DELIVER Y; 21
294	275
295		-	The ~~term~~ of ~~a direct wine shipper’s permit OR A DIRECT WINE DEL IVERY PERMIT~~
296		-	~~is 1 year~~ and ~~begins on July 1.~~
	276	+	(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF 22
	277	+	ORDER; AND 23
297	278
298		-	2–148.
	279	+	(IV) THE DIRECT WINE DELI VERER AND THE INDIVI DUAL 24
	280	+	RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE 25
	281	+	DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT WINE DELIVERER E XAMINED 26
	282	+	THE RECIPIENT’S GOVERNMENT–ISSUED IDENTIFICATIO N AND THE RECIPIENT WAS 27
	283	+	AT LEAST 21 YEARS OLD. 28
299	284
300		-	~~(a) A direct wine shipper shall:~~
	285	+	2–145. 29
301	286
302		-	(1) ~~ensure that all containers of~~ wine ~~shipped directly to~~ a ~~consumer in the~~
303		-	~~State are conspicuously labeled with~~:
	287	+	(a) An applicant for a direct wine shipper’s permit OR A DIRECT WINE DEL IVERY 30
	288	+	PERMIT shall: 31 SENATE BILL 1041 7
304	289
305		-	(i) the name of the direct wine shipper;
306	290
307		-	(ii) the name and address of the consumer who is the intended
308		-	recipient; and
309	291
310		-	(~~iii~~) the ~~words “Contains~~ ~~Alcohol: Signature of Person at Least 21~~
311		-	~~Years of Age Required for Delivery”~~;
	292	+	(1) submit to the Executive Director a completed application on a form that 1
	293	+	the Executive Director provides; 2
312	294
313		-	(2) report to the Comptroller and the Executive Director information about
314		-	the direct wine shipper’s wine shipments, in a manner that the Comptroller and the
315		-	Executive Director determine;
	295	+	(2) provide to the Executive Director a copy of the applicant’s current 3
	296	+	MANUFACTURER ’S license; 4
316	297
317		-	(3) ~~file a quarterly tax return in accordance with § 5–201(d) of~~ the ~~Tax –~~
318		-	~~General Article~~;
	298	+	(3) identify the wines manufactured by the applicant that the applicant 5
	299	+	intends to ship [into] OR DELIVER TO A CONS UMER IN the State; and 6
319	300
320		-	(4) pay ~~quarterly to~~ the ~~Comptroller all sales taxes and excise taxes due on~~
321		-	~~sales to consumers in~~ the ~~State and calculate the taxes as if the sale were made in the State;~~
	301	+	(4) pay a fee of $200 for initial issuance of the direct wine shipper’s permit 7
	302	+	OR THE DIRECT WINE D ELIVERY PERMIT . 8
322	303
323		-	(5) maintain for 3 years complete and accurate records of all information
324		-	needed to verify compliance with this part;
	304	+	(b) The Executive Director shall issue a direct wine shipper’s permit OR A 9
	305	+	DIRECT WINE DELIVERY PERMIT to each applicant who meets the requirements of this 10
	306	+	part for the permit. 11
325	307
326		-	(6) allow the Comptroller and the Executive Director to perform an audit
327		-	of the direct wine shipper’s records on request; and
	308	+	2–146. 12
328	309
329		-	(7) ~~consent~~ to ~~the jurisdiction of the Comptroller, the Executive Director,~~
330		-	~~or other State unit~~ and ~~the State courts concerning enforcement of this section and any~~
331		-	~~related law~~.
	310	+	(A) A direct wine shipper’s permit entitles the holder to sell wine manufactured 13
	311	+	by the holder through a holder of a common carrier permit to a consumer by receiving and 14
	312	+	filling orders that the consumer transmits by electronic or other means. 15
332	313
333		-	(b) A direct wine shipper may not: Ch. 918 2024 LAWS OF MARYLAND
	314	+	(B) A DIRECT WINE DELIVERY PERMIT ENTITLES THE HOLDER TO SELL AND 16
	315	+	DELIVER WINE MANUFAC TURED BY THE HOLDER DIRECTLY TO A CONSUM ER IN THE 17
	316	+	STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER TRANS MITS BY 18
	317	+	ELECTRONIC OR OTHER MEANS. 19
334	318
335		-	– ~~8 –~~
	319	+	2–147. 20
336	320
337		-	~~(1) ship more than 18 9–liter cases~~ of wine ~~each year to~~ a ~~single delivery~~
338		-	~~address; or~~
	321	+	The term of a direct wine shipper’s permit OR A DIRECT WINE DEL IVERY PERMIT 21
	322	+	is 1 year and begins on July 1. 22
339	323
340		-	(2~~) cause wine to be delivered on Sunday to an address in the State~~.
	324	+	2–148. 23
341	325
342		-	~~2–148.1.~~
	326	+	(a) A direct wine shipper shall: 24
343	327
344		-	(A) A DIRECT WINE DELIVERE R SHALL:
	328	+	(1) ensure that all containers of wine shipped directly to a consumer in the 25
	329	+	State are conspicuously labeled with: 26
345	330
346		-	(1) ENSURE THAT ANY CONT AINER CONTAINING WIN E DELIVERED
347		-	DIRECTLY TO A CONSUM ER IN THE STATE IS:
	331	+	(i) the name of the direct wine shipper; 27
348	332
349		-	(I) CONSPICUOUSLY LABELE D WITH:
	333	+	(ii) the name and address of the consumer who is the intended 28
	334	+	recipient; and 29
	335	+	8 SENATE BILL 1041
350	336
351		-	1. THE NAME OF THE MANU FACTURER;
352	337
353		-	2. THE ~~NAME AND ADDRESS~~ OF ~~THE CONSUMER WHO IS~~
354		-	~~THE INTENDED RECIPIE NT~~; ~~AND~~
	338	+	(iii) the words “Contains Alcohol: Signature of Person at Least 21 1
	339	+	Years of Age Required for Delivery”; 2
355	340
356		-	3. THE WORDS “CONTAINS ALCOHOL: SIGNATURE OF
357		-	PERSON AT LEAST 21 YEARS OF AGE REQUIRED FOR DELIVERY”; AND
	341	+	(2) report to the Comptroller and the Executive Director information about 3
	342	+	the direct wine shipper’s wine shipments, in a manner that the Comptroller and the 4
	343	+	Executive Director determine; 5
358	344
359		-	(II) COMMERCIALLY SEALED BY THE MANUFA CTURER;
	345	+	(3) file a quarterly tax return in accordance with § 5–201(d) of the Tax – 6
	346	+	General Article; 7
360	347
361		-	(2) ~~REPORT~~ TO THE ~~EXECUTIVE DIRECTOR INFORMATION ABOUT~~
362		-	~~THE DELIVERIES ,~~ IN ~~A MANNER THAT~~ THE ~~EXECUTIVE DIRECTOR DETERMINES~~ ;
	348	+	(4) pay quarterly to the Comptroller all sales taxes and excise taxes due on 8
	349	+	sales to consumers in the State and calculate the taxes as if the sale were made in the State; 9
363	350
364		-	(3) ~~FILE A QUARTERLY TAX RETURN IN ACCORDANCE WITH §~~
365		-	~~5–201(D) OF THE TAX – GENERAL ARTICLE~~;
	351	+	(5) maintain for 3 years complete and accurate records of all information 10
	352	+	needed to verify compliance with this part; 11
366	353
367		-	(4) ~~PAY QUARTERLY TO~~ THE COMPTROLLER ~~ALL SALES TAXES~~ AND
368		-	~~EXCISE TAXES DUE~~ ON ~~SALES TO CONSUMERS I N THE STATE~~;
	354	+	(6) allow the Comptroller and the Executive Director to perform an audit 12
	355	+	of the direct wine shipper’s records on request; and 13
369	356
370		-	(5) MAINTAIN FOR 3 YEARS COMPLETE AND A CCURATE RECORDS OF
371		-	ALL INFORMATION NEED ED TO VERIFY COMPLIA NCE WITH THIS PART ; AND
	357	+	(7) consent to the jurisdiction of the Comptroller, the Executive Director, 14
	358	+	or other State unit and the State courts concerning enforcement of this section and any 15
	359	+	related law. 16
372	360
373		-	(6) ALLOW THE COMPTROLLER OR THE EXECUTIVE DIRECTOR TO
374		-	PERFORM AN AUDIT OF THE PERMIT HOLDER ’S RECORDS ON REQUEST .
	361	+	(b) A direct wine shipper may not: 17
375	362
376		-	(B) THE HOLDER OF A DIREC T WINE DELIVERY PERM IT MAY NOT CAUSE
377		-	MORE THAN 18 9–LITER CASES OF WINE TO BE DELIVERED TO A SINGLE ADDRESS IN
378		-	A SINGLE CALENDAR YE AR.
379		-	WES MOORE, Governor Ch. 918
	363	+	(1) ship more than 18 9–liter cases of wine each year to a single delivery 18
	364	+	address; or 19
380	365
381		-	– 9 –
382		-	2–149.
	366	+	(2) cause wine to be delivered on Sunday to an address in the State. 20
383	367
384		-	(a) A direct wine shipper may renew its direct wine shipper’s permit each year if
385		-	the direct wine shipper:
	368	+	2–148.1. 21
386	369
387		-	(1) ~~is otherwise entitled to have~~ a direct wine ~~shipper’s permit;~~
	370	+	(A) A DIRECT WINE DELIVERE R SHALL: 22
388	371
389		-	(2) provides to the Executive Director a copy of its current permit;
	372	+	(1) ENSURE THAT ANY CONT AINER CONTAINING WIN E DELIVERED 23
	373	+	DIRECTLY TO A CONSUM ER IN THE STATE IS: 24
390	374
391		-	(3) identifies the wines manufactured by the direct wine shipper that the
392		-	direct wine shipper intends to ship into the State; and
	375	+	(I) CONSPICUOUSLY LABELED WITH: 25
393	376
394		-	~~(4) pays to~~ the ~~Executive Director a renewal fee~~ of ~~$200.~~
	377	+	1. THE NAME OF THE MANU FACTURER; 26
395	378
396		-	~~(b)~~ The ~~Executive Director may deny a renewal application~~ of ~~a direct wine~~
397		-	~~shipper who fails to:~~
	379	+	2. THE NAME AND ADDRESS OF THE CONSUMER WHO IS 27
	380	+	THE INTENDED RECIPIE NT; AND 28
398	381
399		-	(1) file a tax return required under this part;
	382	+	3. THE WORDS “CONTAINS ALCOHOL: SIGNATURE OF 29
	383	+	PERSON AT LEAST 21 YEARS OF AGE REQUIRED FOR DELIVERY”; AND 30 SENATE BILL 1041 9
400	384
401		-	(2) pay a fee or tax when due; or
402	385
403		-	(3) after receiving notice, comply with this article or a regulation that the
404		-	Comptroller or Executive Director adopts.
405	386
406		-	~~2–149.~~1.
	387	+	(II) COMMERCIALLY SEALED BY THE MANUFACTURER ; 1
407	388
408		-	(A) ~~A DIRECT WINE DELIVERE R MAY RENEW ITS DIRE CT WINE DELIVERY~~
409		-	~~PERMIT EACH YEAR IF~~ THE ~~DIRECT WINE DELI VERER:~~
	389	+	(2) REPORT TO THE EXECUTIVE DIRECTOR INFORMATION ABOUT 2
	390	+	THE DELIVERIES , IN A MANNER THAT THE EXECUTIVE DIRECTOR DETERMINES ; 3
410	391
411		-	(1) ~~IS OTHERWISE ENTITLE D TO HOLD~~ A ~~DIRECT W INE DELIVERY~~
412		-	~~PERMIT~~;
	392	+	(3) FILE A QUARTERLY TAX RETURN IN ACCORDANCE WITH § 4
	393	+	5–201(D) OF THE TAX – GENERAL ARTICLE; 5
413	394
414		-	(2) ~~PROVIDES~~ TO THE ~~EXECUTIVE DIRECTOR~~ AND ~~THE~~
415		-	~~COMPTROLLER A CO PY OF ITS CURRENT PE RMIT~~; ~~AND~~
	395	+	(4) PAY QUARTERLY TO THE COMPTROLLER ALL SALES TAXES AND 6
	396	+	EXCISE TAXES DUE ON SALES TO CONSUMERS I N THE STATE; 7
416	397
417		-	(3) PAYS THE EXECUTIVE DIRECTOR A RENEWAL FE E OF $200.
	398	+	(5) MAINTAIN FOR 3 YEARS COMPLETE AND A CCURATE RECORDS OF 8
	399	+	ALL INFORMATION NEED ED TO VERIFY COMPLIA NCE WITH THIS PART ; AND 9
418	400
419		-	(B) THE EXECUTIVE DIRECTOR ~~MAY DENY A R ENEWAL APPLICATION F OR A~~
420		-	~~DIRECT WINE DELIVERY~~ PERMIT ~~IF THE~~ HOLDER ~~FAILS TO:~~
	401	+	(6) ALLOW THE COMPTROLLER OR THE EXECUTIVE DIRECTOR TO 10
	402	+	PERFORM AN AUDIT OF THE PERMIT HOLDER ’S RECORDS ON REQUEST . 11
421	403
422		-	(1) FILE A TAX RETURN RE QUIRED UNDER THIS PART;
	404	+	(B) THE HOLDER OF A DIREC T WINE DELIVERY PERM IT MAY NOT CAUSE 12
	405	+	MORE THAN 18 9–LITER CASES OF WINE TO BE DELIVERED TO A SINGLE ADDRESS IN 13
	406	+	A SINGLE CALENDAR YEAR . 14
423	407
424		-	(2) PAY A FEE OR TAX WHE N DUE; OR
425		-	Ch. 918 2024 LAWS OF MARYLAND
	408	+	2–149. 15
426	409
427		-	– 10 –
428		-	(3) AFTER RECEIVING NOTI CE, COMPLY WITH THIS ART ICLE OR A
429		-	REGULATION THAT THE EXECUTIVE DIRECTOR ADOPTS UNDER THIS ARTICLE.
	410	+	(a) A direct wine shipper may renew its direct wine shipper’s permit each year if 16
	411	+	the direct wine shipper: 17
430	412
431		-	~~2–150.~~
	413	+	(1) is otherwise entitled to have a direct wine shipper’s permit; 18
432	414
433		-	(a) To receive a direct shipment OR DIRECT DELIVERY of wine, a consumer in
434		-	the State shall be at least 21 years old.
	415	+	(2) provides to the Executive Director a copy of its current permit; 19
435	416
436		-	(b) ~~A person who receives a shipment OR DELIVERY of~~ wine ~~shall use~~ the
437		-	~~shipment for personal consumption only~~ and ~~may not resell the shipment OR DELIVERY.~~
	417	+	(3) identifies the wines manufactured by the direct wine shipper that the 20
	418	+	direct wine shipper intends to ship into the State; and 21
438	419
439		-	~~2–151~~.
	420	+	(4) pays to the Executive Director a renewal fee of $200. 22
440	421
441		-	(a) There is a common carrier permit.
	422	+	(b) The Executive Director may deny a renewal application of a direct wine 23
	423	+	shipper who fails to: 24
442	424
443		-	(b) A holder of a common carrier permit may deliver [wine] ALCOHOLIC
444		-	BEVERAGES from a location inside or outside the State to a consumer in the State for the
445		-	consumer’s personal use under this [part] SUBTITLE.
	425	+	(1) file a tax return required under this part; 25
446	426
447		-	(c) A person shall be issued a common carrier permit before the person may
448		-	engage in transporting:
	427	+	(2) pay a fee or tax when due; or 26
449	428
450		-	(1) wine from a direct wine shipper to a consumer;
	429	+	(3) after receiving notice, comply with this article or a regulation that the 27
	430	+	Comptroller or Executive Director adopts. 28
	431	+	10 SENATE BILL 1041
451	432
452		-	(2) BEER FROM A DIRECT B EER SHIPPER TO A CON SUMER; OR
453	433
454		-	~~(3) LIQUOR FROM A DIRECT LIQUOR SHIPPER TO A CONSUMER~~ .
	434	+	2–149.1. 1
455	435
456		-	(d) The term of a common carrier permit is 1 year and begins on July 1.
	436	+	(A) A DIRECT WINE DELIVERE R MAY RENEW ITS DIRE CT WINE DELIVERY 2
	437	+	PERMIT EACH YEAR IF THE DIRECT WINE DELI VERER: 3
457	438
458		-	(e) To ~~complete~~ delivery ~~of a shipment, the common carrier shall require from a~~
459		-	~~consumer at the address listed on the shipping label:~~
	439	+	(1) IS OTHERWISE ENTITLE D TO HOLD A DIRECT W INE DELIVERY 4
	440	+	PERMIT; 5
460	441
461		-	(1) the ~~signature of~~ the ~~consumer or another individual at the address who~~
462		-	~~is at least 21 years old~~; and
	442	+	(2) PROVIDES TO THE EXECUTIVE DIRECTOR AND THE 6
	443	+	COMPTROLLER A COPY OF ITS CURRENT PERMIT ; AND 7
463	444
464		-	(2) government–issued photographic identification showing that the
465		-	signing individual is at least 21 years old.
	445	+	(3) PAYS THE EXECUTIVE DIRECTOR A RENEWAL FE E OF $200. 8
466	446
467		-	(f) A ~~common carrier shall refuse delivery when the intended receiving individual~~
468		-	~~appears to be under~~ the ~~age of 21 years or refuses~~ to ~~present valid identification.~~
	447	+	(B) THE EXECUTIVE DIRECTOR MAY DENY A R ENEWAL APPLICATION F OR A 9
	448	+	DIRECT WINE DELIVERY PERMIT IF THE HOLDER FAILS TO: 10
469	449
470		-	(g) At the time of initial application for a common carrier permit and on request
471		-	of the Executive Director, a common carrier shall submit to the Executive Director
472		-	information concerning the training of its drivers in verifying the age of recipients of direct WES MOORE, Governor Ch. 918
	450	+	(1) FILE A TAX RETU RN REQUIRED UNDER TH IS PART; 11
473	451
474		-	– 11 –
475		-	wine shipments, DIRECT BEER SHIPMENT S, OR DIRECT LIQUOR SHI PMENTS under this
476		-	[part] SUBTITLE.
	452	+	(2) PAY A FEE OR TAX WHE N DUE; OR 12
477	453
478		-	(h) At least once each year, in a manner acceptable to the Executive Director, a
479		-	holder of a common carrier permit shall verify that the shipper of wine, BEER, OR LIQUOR
480		-	into the State under this part holds a valid direct wine shipper’s permit, DIRECT BEER
481		-	SHIPPER’S PERMIT, OR DIRECT LIQUOR SHI PPER’S PERMIT.
	454	+	(3) AFTER RECEIVING NOTI CE, COMPLY WITH THIS ART ICLE OR A 13
	455	+	REGULATION THAT THE EXECUTIVE DIRECTOR ADOPTS UNDER THIS ARTICLE. 14
482	456
483		-	(i) A holder of a common carrier permit that delivers [wine solely] ALCOHOLIC
484		-	BEVERAGES under this [part] SUBTITLE may not be required to obtain a transportation
485		-	permit issued under § 2–118 or § 2–119 of this subtitle in addition to the common carrier
486		-	permit.
	457	+	2–150. 15
487	458
488		-	(j) The permit fee is $100.
	459	+	(a) To receive a direct shipment OR DIRECT DELIVERY of wine, a consumer in 16
	460	+	the State shall be at least 21 years old. 17
489	461
490		-	2–152.
	462	+	(b) A person who receives a shipment OR DELIVERY of wine shall use the 18
	463	+	shipment for personal consumption only and may not resell the shipment OR DELIVERY. 19
491	464
492		-	~~(a) A common carrier shall report quarterly to the Executive Director:~~
	465	+	2–151. 20
493	466
494		-	(1) the date of each delivery of [wine] ALCOHOLIC BEVERAGES in the
495		-	State; and
	467	+	(a) There is a common carrier permit. 21
496	468
497		-	(2) the name and address of:
	469	+	(b) A holder of a common carrier permit may deliver [wine] ALCOHOLIC 22
	470	+	BEVERAGES from a location inside or outside the State to a consumer in the State for the 23
	471	+	consumer’s personal use under this [part] SUBTITLE. 24
498	472
499		-	(I) the ~~direct wine shipper,~~ ~~THE DIRECT BEER SHIP PER, OR THE~~
500		-	~~DIRECT LIQUOR SHIPPE R; and~~
	473	+	(c) A person shall be issued a common carrier permit before the person may 25
	474	+	engage in transporting: 26
501	475
502		-	(II) ~~the receiving~~ consumer ~~of each delivery.~~
	476	+	(1) wine from a direct wine shipper to a consumer; 27
503	477
504		-	(b) A common carrier shall maintain for 3 years complete and accurate records of
505		-	all information needed to verify compliance with this part.
	478	+	(2) BEER FROM A DIRECT B EER SHIPPER TO A CON SUMER; OR 28 SENATE BILL 1041 11
506	479
507		-	2–153.
508	480
509		-	A person without a direct wine shipper’s permit may not ship wine directly to a
510		-	consumer in the State.
511	481
512		-	~~2–154~~.
	482	+	(3) LIQUOR FROM A DIRECT LIQUOR SHIPPER TO A CONSUMER . 1
513	483
514		-	~~Each violation~~ of ~~this part~~ is ~~a separate violation~~.
	484	+	(d) The term of a common carrier permit is 1 year and begins on July 1. 2
515	485
516		-	2–165. RESERVED.
	486	+	(e) To complete delivery of a shipment, the common carrier shall require from a 3
	487	+	consumer at the address listed on the shipping label: 4
517	488
518		-	~~2–166. RESERVED.~~
519		-	~~Ch.~~ ~~918~~ ~~2024 LAWS OF MARYLAND~~
	489	+	(1) the signature of the consumer or another individual at the address who 5
	490	+	is at least 21 years old; and 6
520	491
521		-	– ~~12 –~~
522		-	~~PART VIII~~. ~~DIRECT–TO–CONSUMER BEER AND LIQUOR SHIPPING AND DELIVERY.~~
	492	+	(2) government–issued photographic identification showing that the 7
	493	+	signing individual is at least 21 years old. 8
523	494
524		-	2–167.
	495	+	(f) A common carrier shall refuse delivery when the intended receiving individual 9
	496	+	appears to be under the age of 21 years or refuses to present valid identification. 10
525	497
526		-	(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
527		-	INDICATED.
	498	+	(g) At the time of initial application for a common carrier permit and on request 11
	499	+	of the Executive Director, a common carrier shall submit to the Executive Director 12
	500	+	information concerning the training of its drivers in verifying the age of recipients of direct 13
	501	+	wine shipments, DIRECT BEER SHIPMENT S, OR DIRECT LIQUOR SHI PMENTS under this 14
	502	+	[part] SUBTITLE. 15
528	503
529		-	(B) “COMMON CARRIER ” HAS THE MEANING STAT ED IN § 2–142 OF THIS
530		-	SUBTITLE.
	504	+	(h) At least once each year, in a manner acceptable to the Executive Director, a 16
	505	+	holder of a common carrier permit shall verify that the shipper of wine, BEER, OR LIQUOR 17
	506	+	into the State under this part holds a valid direct wine shipper’s permit, DIRECT BEER 18
	507	+	SHIPPER’S PERMIT, OR DIRECT LIQUOR SHI PPER’S PERMIT. 19
531	508
532		-	(C) (B) “DIRECT BEER DELIVERER ” MEANS THE HOLDER OF A DIRECT
533		-	BEER DELIVERY PERMIT ISSUED UNDER THIS PART.
	509	+	(i) A holder of a common carrier permit that delivers [wine solely] ALCOHOLIC 20
	510	+	BEVERAGES under this [part] SUBTITLE may not be required to obtain a transportation 21
	511	+	permit issued under § 2–118 or § 2–119 of this subtitle in addition to the common carrier 22
	512	+	permit. 23
534	513
535		-	(D) “DIRECT BEER SHIPPER ” MEANS THE HOLDER OF A DIRECT BEER
536		-	SHIPPER’S PERMIT ISSUED UNDE R THIS PART.
	514	+	(j) The permit fee is $100. 24
537	515
538		-	(E) (C) “DIRECT LIQUOR DELIVER ER” MEANS THE HOLDER OF A DIRECT
539		-	LIQUOR DELIVERY PERM IT ISSUED UNDER THIS PART.
	516	+	2–152. 25
540	517
541		-	(F) “DIRECT LIQUOR SHIPPER ” MEANS THE HOLDER OF A DIRECT LIQUOR
542		-	SHIPPER’S PERMIT ISSUED UNDE R THIS PART.
	518	+	(a) A common carrier shall report quarterly to the Executive Director: 26
543	519
544		-	(G) (D) “PERMIT” MEANS A DIRECT BEER DELIVERY PERMIT , DIRECT
545		-	BEER SHIPPER’S PERMIT, OR DIRECT LIQUOR DELIVE RY PERMIT, OR DIRECT
546		-	LIQUOR SHIPPER’S PERMIT ISSUED BY THE EXECUTIVE DIRECTOR UNDER THIS
547		-	PART.
	520	+	(1) the date of each delivery of [wine] ALCOHOLIC BEVERAGES in the 27
	521	+	State; and 28
548	522
549		-	2~~–168.~~
	523	+	(2) the name and address of: 29
550	524
551		-	(A) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING
552		-	BEER DIRECTLY TO A C ONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE
553		-	ISSUED A DIRECT BEER DELIVERY PERMIT .
	525	+	(I) the direct wine shipper, THE DIRECT BEER SHIP PER, OR THE 30
	526	+	DIRECT LIQUOR SHIPPE R; and 31 12 SENATE BILL 1041
554	527
555		-	(B) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING
556		-	LIQUOR DIRECTLY TO A CONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE
557		-	ISSUED A DIRECT LIQU OR DELIVERY PERMIT .
558	528
559		-	2–169.
560	529
561		-	(A) (1) TO QUALIFY FOR A DIRE CT BEER DELIVERY PER MIT, AN
562		-	APPLICANT SHALL BE :
	530	+	(II) the receiving consumer of each delivery. 1
563	531
564		-	(I) A ~~PERSON LICE NSED IN THE STATE TO ENGAGE IN TH E~~
565		-	~~MANUFACTURE OF BEER ; AND~~ ~~WES MOORE, Governor Ch~~. ~~918~~
	532	+	(b) A common carrier shall maintain for 3 years complete and accurate records of 2
	533	+	all information needed to verify compliance with this part. 3
566	534
567		-	– ~~13 –~~
	535	+	2–153. 4
568	536
569		-	~~(II)~~ A ~~HOLDER OF~~ A ~~CLASS 7 LIMITED BEER WHOLESA LER~~’S
570		-	~~LICENSE~~.
	537	+	A person without a direct wine shipper’s permit may not ship wine directly to a 5
	538	+	consumer in the State. 6
571	539
572		-	(2) THE HOLDER OF A DIREC T BEER DELIVERY PERM IT ISSUED
573		-	UNDER § 2–170 OF THIS SUBTITLE MAY SELL AND DELIVER A THE PERMIT HOLDER ’S
574		-	OWN PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN
575		-	THE STATE IF:
	540	+	2–154. 7
576	541
577		-	~~(I) THE DELIVERY~~ IS ~~MADE BY AN EMPLOYEE WHO I S:~~
	542	+	Each violation of this part is a separate violation. 8
578	543
579		-	1. ~~AT LEAST 18 YEARS OLD; AND~~
	544	+	2–165. RESERVED. 9
580	545
581		-	2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENE SS
582		-	PROGRAM;
	546	+	2–166. RESERVED. 10
583	547
584		-	(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21
585		-	YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE
586		-	THE BEER AT THE TIME AND PLACE OF DELIVER Y;
	548	+	PART VIII. DIRECT–TO–CONSUMER BEER AND LIQUOR SHIPPING AND DELIVERY. 11
587	549
588		-	(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF
589		-	ORDER; AND
	550	+	2–167. 12
590	551
591		-	(IV) THE DIREC T BEER DELIVERER AND THE INDIVIDUAL
592		-	RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE
593		-	DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT BEER DELIVERER E XAMINED
594		-	THE RECIPIENT’S GOVERNMENT –ISSUED IDENTIFICATIO N AND THE RECIPIENT WAS
595		-	AT LEAST 21 YEARS OLD.
	552	+	(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 13
	553	+	INDICATED. 14
596	554
597		-	(B) ~~TO QUALIFY FOR A DIRE CT BEER SHIPPER ’S~~ ~~PERMIT, AN APPLICANT~~
598		-	~~SHALL BE:~~
	555	+	(B) “COMMON CARRIER ” HAS THE MEANING STAT ED IN § 2–142 OF THIS 15
	556	+	SUBTITLE. 16
599	557
600		-	(1) ~~IF SHIPPING FROM~~ A ~~L OCATION OUTSIDE THE STATE, THE~~
601		-	~~HOLDER OF A NONRESID ENT BREWERY~~ PERMIT ~~; OR~~
	558	+	(C) (B) “DIRECT BEER DELIVERER ” MEANS THE HOLDER OF A DIRECT 17
	559	+	BEER DELIVERY PERMIT ISSUED UNDER THIS PA RT. 18
602	560
603		-	(2) IF SHIPPING FROM A L OCATION INSIDE THE STATE:
	561	+	(D) “DIRECT BEER SHIPPER ” MEANS THE HOLDER OF A DIRECT BEER 19
	562	+	SHIPPER’S PERMIT ISSUED UNDE R THIS PART. 20
604	563
605		-	(I) A ~~PERSON LICENSED IN THE STATE TO ENGAGE IN TH E~~
606		-	~~MANUFACTURE OF BEER ; AND~~
	564	+	(E) (C) “DIRECT LIQUOR DELIVER ER” MEANS THE HOLDER OF A DIRECT 21
	565	+	LIQUOR DELIVERY PERMIT ISSU ED UNDER THIS PART . 22
607	566
608		-	(II) A HOLDER OF A CLASS 7 LIMITED BEER WHOLESA LER’S
609		-	LICENSE.
610		-	Ch. 918 2024 LAWS OF MARYLAND
	567	+	(F) “DIRECT LIQUOR SHIPPER ” MEANS THE HOLDER OF A DIRECT LIQUOR 23
	568	+	SHIPPER’S PERMIT ISSUED UNDE R THIS PART. 24
611	569
612		-	– 14 –
613		-	(C) (B) (1) TO QUALIFY FOR A DIRE CT LIQUOR DELIVERY P ERMIT, AN
614		-	APPLICANT SHALL BE :
	570	+	(G) (D) “PERMIT” MEANS A DIRECT BEER DELIVERY PERMIT , DIRECT 25
	571	+	BEER SHIPPER’S PERMIT, OR DIRECT LIQUOR DELIVE RY PERMIT, OR DIRECT 26
	572	+	LIQUOR SHIPPER’S PERMIT ISSUED BY THE EXECUTIVE DIRECTOR UNDER THIS 27
	573	+	PART. 28 SENATE BILL 1041 13
615	574
616		-	(I) A PERSON ISSUED A LI CENSE BY THE EXECUTIVE DIRECTOR
617		-	IN THE STATE TO ENGAGE IN TH E MANUFACTURE OF LIQ UOR; AND
618	575
619		-	(II) A HOLDER OF A CLASS 8 LIMITED WHOLESALER ’S LICENSE.
620	576
621		-	(2) THE HOLDER OF A DIREC T LIQUOR DELIVERY PE RMIT ISSUED
622		-	UNDER § 2–170 OF THIS SUBTITLE MAY SELL AND DELIVER A THE PERMIT HOLDER ’S
623		-	OWN PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN
624		-	THE STATE IF:
	577	+	2–168. 1
625	578
626		-	(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S:
	579	+	(A) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING 2
	580	+	BEER DIRECTLY TO A C ONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE 3
	581	+	ISSUED A DIRECT BEER DELIVERY PERMIT . 4
627	582
628		-	1. AT LEAST 18 YEARS OLD; AND
	583	+	(B) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING 5
	584	+	LIQUOR DIRECTLY TO A CONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE 6
	585	+	ISSUED A DIRECT LIQU OR DELIVERY PERMIT . 7
629	586
630		-	2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENE SS
631		-	PROGRAM;
	587	+	2–169. 8
632	588
633		-	(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21
634		-	YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE
635		-	THE LIQUOR AT THE TI ME AND PLACE OF DELI VERY;
	589	+	(A) (1) TO QUALIFY FOR A DIRE CT BEER DELIVERY PER MIT, AN 9
	590	+	APPLICANT SHALL BE : 10
636	591
637		-	(~~III~~) THE ~~PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF~~
638		-	~~ORDER~~; AND
	592	+	(I) A PERSON LICENSED IN THE STATE TO ENGAGE IN TH E 11
	593	+	MANUFACTURE OF BEER ; AND 12
639	594
640		-	(IV) THE DIRECT LIQUOR DELI VERER AND THE INDIVI DUAL
641		-	RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE
642		-	DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT LIQUOR DELIVERER
643		-	EXAMINED THE RECIPIE NT’S GOVERNMENT –ISSUED IDENTIFICATIO N AND THE
644		-	RECIPIENT WA S AT LEAST 21 YEARS OLD.
	595	+	(II) A HOLDER OF A CLASS 7 LIMITED BEER WHOLESA LER’S 13
	596	+	LICENSE. 14
645	597
646		-	(D) TO QUALIFY FOR A DIRE CT LIQUOR SHIPPER ’S PERMIT, AN APPLICANT
647		-	SHALL BE:
	598	+	(2) THE HOLDER OF A DIREC T BEER DELIVERY PERM IT ISSUED 15
	599	+	UNDER § 2–170 OF THIS SUBTITLE MAY SELL AND DELIVER A THE PERMIT HOLDER ’S 16
	600	+	OWN PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN 17
	601	+	THE STATE IF: 18
648	602
649		-	(1) IF SHIPPING FROM A L OCATION OUTSIDE THE STATE, A HOLDER
650		-	OF A NONRESIDENT DIS TILLERY PERMIT ; OR
	603	+	(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S: 19
651	604
652		-	~~(2) IF SHIPPING FROM A L OCATION INSIDE THE STATE:~~
	605	+	1. AT LEAST 18 YEARS OLD; AND 20
653	606
654		-	(I) A PERSON ISSUED A LI CENSE BY THE EXECUTIVE DIRECTOR
655		-	IN THE STATE TO ENGAGE IN TH E MANUFACTURE OF LIQ UOR; AND
656		-	WES MOORE, Governor Ch. 918
	607	+	2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENESS 21
	608	+	PROGRAM; 22
657	609
658		-	– 15 –
659		-	(II) A HOLDER OF A CLASS 8 LIMITED WHOLESALER ’S LICENSE.
	610	+	(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21 23
	611	+	YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE 24
	612	+	THE BEER AT THE TIME AND PLACE OF DELIVER Y; 25
660	613
661		-	2–170.
	614	+	(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF 26
	615	+	ORDER; AND 27
662	616
663		-	(A) AN APPLICANT FOR A PE RMIT UNDER THIS PART SHALL:
	617	+	(IV) THE DIRECT BEER DELI VERER AND THE INDIVI DUAL 28
	618	+	RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE 29
	619	+	DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT BEER DELIVERER E XAMINED 30 14 SENATE BILL 1041
664	620
665		-	(1) SUBMIT TO THE EXECUTIVE DIRECTOR A COMPLETED
666		-	APPLICATION ON A FOR M THAT THE EXECUTIVE DIRECTOR PROVIDES ;
667	621
668		-	~~(2) PROVIDE TO~~ THE ~~EXECUTIVE DIRECTOR A COPY OF TH E~~
669		-	~~APPLICANT’S CURRENT HOME STATE MANUFACTURER ’S~~ ~~LICENSE;~~
	622	+	THE RECIPIENT’S GOVERNMENT –ISSUED IDENTIFICATIO N AND THE RECIPIENT WAS 1
	623	+	AT LEAST 21 YEARS OLD. 2
670	624
671		-	(3) IDENTIFY THE PRODUCT MANUFACTURED BY TH E APPLICANT
672		-	THAT THE APPLICANT I NTENDS TO SHIP OR DELIVER TO A CONSUME R IN THE STATE;
673		-	AND
	625	+	(B) TO QUALIFY FOR A DIRE CT BEER SHIPPER ’S PERMIT, AN APPLICANT 3
	626	+	SHALL BE: 4
674	627
675		-	(4) PAY A FEE OF $200 FOR INITIAL ISSUANCE OF THE PERMIT.
	628	+	(1) IF SHIPPING FROM A L OCATION OUTSIDE THE STATE, THE 5
	629	+	HOLDER OF A NONRESID ENT BREWERY PERMIT ; OR 6
676	630
677		-	(B) IF AN APPLICANT MEETS THE REQUIREMENTS OF THIS PART, THE
678		-	EXECUTIVE DIRECTOR SHALL ISSUE TO THE APPLICANT:
	631	+	(2) IF SHIPPING FROM A L OCATION INSIDE THE STATE: 7
679	632
680		-	(1) A DIRECT BEER DELIVE RY PERMIT; OR
	633	+	(I) A PERSON LICENSED IN THE STATE TO ENGAGE IN TH E 8
	634	+	MANUFACTURE OF BEER ; AND 9
681	635
682		-	(2) A DIRECT BEER SHIPPE R’S PERMIT;
	636	+	(II) A HOLDER OF A CLASS 7 LIMITED BEER WHOLESA LER’S 10
	637	+	LICENSE. 11
683	638
684		-	(3) A DIRECT LIQUOR DELI VERY PERMIT; OR
	639	+	(C) (B) (1) TO QUALIFY FOR A DIRE CT LIQUOR DELIVERY P ERMIT, AN 12
	640	+	APPLICANT SHALL BE : 13
685	641
686		-	(4) A DIRECT LIQUOR SHIP PER’S PERMIT.
	642	+	(I) A PERSON ISSUED A LI CENSE BY THE EXECUTIVE DIRECTOR 14
	643	+	IN THE STATE TO ENGAGE IN TH E MANUFACTURE OF LIQ UOR; AND 15
687	644
688		-	~~2–171~~.
	645	+	(II) A HOLDER OF A CLASS 8 LIMITED WHOLESALER ’S LICENSE. 16
689	646
690		-	(A) ~~A DIRECT BEER DELIVERY PERMIT ENTITLES~~ THE HOLDER ~~TO SELL AND~~
691		-	DELIVER ~~BEER MANUFACTURED BY~~ THE HOLDER ~~DIRECTLY TO A CONSUMER IN THE~~
692		-	~~STATE BY RECEIVING~~ AN ~~D FILLING ORDERS THA T THE CONSUMER TRANS MITS BY~~
693		-	~~ELECTRONIC OR OTHER MEANS.~~
	647	+	(2) THE HOLDER OF A DIREC T LIQUOR DELIVERY PE RMIT ISSUED 17
	648	+	UNDER § 2–170 OF THIS SUBTITLE MAY SELL AN D DELIVER A THE PERMIT HOLDER ’S 18
	649	+	OWN PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN 19
	650	+	THE STATE IF: 20
694	651
695		-	(B) A DIRECT BEER SHIPPER ’S PERMIT ENTITLES TH E HOLDER TO SELL
696		-	BEER MANUFACTURED BY THE HOLDER T HROUGH A HOLDER OF A COMMON
697		-	CARRIER PERMIT TO A CONSUMER BY RECEIVIN G AND FILLING ORDERS THAT THE
698		-	CONSUMER TRANSMITS B Y ELECTRONIC OR OTHE R MEANS.
	652	+	(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S: 21
699	653
700		-	(C) A DIRECT LIQUOR DELIVE RY PERMIT ENTITLES T HE HOLDER TO SELL
701		-	AND DELIVER LIQUOR M ANUFACTURED BY THE H OLDER DIRECTLY TO A CON SUMER Ch. 918 2024 LAWS OF MARYLAND
	654	+	1. AT LEAST 18 YEARS OLD; AND 22
702	655
703		-	– 16 –
704		-	IN THE STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER
705		-	TRANSMITS BY ELECTRO NIC OR OTHER MEANS .
	656	+	2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENESS 23
	657	+	PROGRAM; 24
706	658
707		-	(D) A DIRECT LIQUOR SHIPPE R’S PERMIT ENTITLES TH E HOLDER TO SELL
708		-	LIQUOR MANUFACTURED BY THE HOLDER THROUG H A HOLDER OF A COMMON
709		-	CARRIER PERMIT TO A CONSUMER BY RECEIVIN G AND FILLING ORDERS THAT THE
710		-	CONSUMER TRANSMITS B Y ELECTRONIC OR OTHE R MEANS.
	659	+	(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21 25
	660	+	YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE 26
	661	+	THE LIQUOR AT THE TI ME AND PLACE OF DELI VERY; 27
711	662
712		-	2–172.
	663	+	(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF 28
	664	+	ORDER; AND 29
	665	+	SENATE BILL 1041 15
713	666
714		-	THE TERM OF A PERMIT ISSUED UNDER THIS PA RT IS 1 YEAR AND BEGINS ON
715		-	JULY 1.
716	667
717		-	2–173.
	668	+	(IV) THE DIRECT LIQUOR DE LIVERER AND THE INDI VIDUAL 1
	669	+	RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE 2
	670	+	DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT LIQUOR DELIVERER 3
	671	+	EXAMINED THE RECIPIE NT’S GOVERNMENT –ISSUED IDENTIFICATION AND T HE 4
	672	+	RECIPIENT WAS AT LEA ST 21 YEARS OLD. 5
718	673
719		-	(A) A PERSON WHO HOLDS A P ERMIT UNDER THIS PART SHAL L:
	674	+	(D) TO QUALIFY FOR A DIRE CT LIQUOR SHIPPER ’S PERMIT, AN APPLICANT 6
	675	+	SHALL BE: 7
720	676
721		-	(1) ~~ENSURE THAT ANY CONT AINER CONTAINING AN ALCOHOLIC~~
722		-	~~BEVERAGE DELIVERED~~ OR ~~SHIPPED DIRECTLY TO A CONSUM ER IN THE STATE IS:~~
	677	+	(1) IF SHIPPING FROM A L OCATION OUTSIDE THE STATE, A HOLDER 8
	678	+	OF A NONRESIDENT DIS TILLERY PERMIT ; OR 9
723	679
724		-	(I) ~~CONSPICUOUSLY LABELE D WITH~~:
	680	+	(2) IF SHIPPING FROM A LOCATION I NSIDE THE STATE: 10
725	681
726		-	1. THE NAME OF THE MANU FACTURER;
	682	+	(I) A PERSON ISSUED A LI CENSE BY THE EXECUTIVE DIRECTOR 11
	683	+	IN THE STATE TO ENGAGE IN TH E MANUFACTURE OF LIQ UOR; AND 12
727	684
728		-	2. THE NAME AND ADDRESS OF THE CONSUMER WHO IS
729		-	THE INTENDED RECIPIE NT; AND
	685	+	(II) A HOLDER OF A CLASS 8 LIMITED WHOLESALER ’S LICENSE. 13
730	686
731		-	3. THE WORDS “CONTAINS ALCOHOL: SIGNATURE OF
732		-	PERSON AT LEAST 21 YEARS OF AGE REQUIRED FOR DELIVERY”; AND
	687	+	2–170. 14
733	688
734		-	(II) ~~COMMERCIALLY SEALED BY THE MANUFACTURER ;~~
	689	+	(A) AN APPLICANT FOR A PE RMIT UNDER THIS PART SHAL L: 15
735	690
736		-	(2) REPORT TO THE EXECUTIVE DIRECTOR INFORMATION ABOUT
737		-	THE SHIPMENTS OR DELIVERIES, IN A MANNER THAT THE EXECUTIVE DIRECTOR
738		-	DETERMINES ;
	691	+	(1) SUBMIT TO THE EXECUTIVE DIRECTOR A COMPLETED 16
	692	+	APPLICATION ON A FOR M THAT THE EXECUTIVE DIRECTOR PROVIDES ; 17
739	693
740		-	(3) ~~FILE~~ A ~~QUARTERLY TAX RETURN IN ACCORDANCE WITH §~~
741		-	~~5–201(D) OF THE TAX – GENERAL ARTICLE~~;
	694	+	(2) PROVIDE TO THE EXECUTIVE DIRECTOR A COPY OF TH E 18
	695	+	APPLICANT’S CURRENT HOME STATE MANUFACTURER ’S LICENSE; 19
742	696
743		-	(4) PAY QUARTERLY TO TH E COMPTROLLER ALL SALES TAXES AND
744		-	EXCISE TAXES DUE ON SALES TO CONSUMERS I N THE STATE AND CALCULATE T HE
745		-	TAXES AS IF THE SALE SALES WERE MADE IN THE STATE;
746		-	WES MOORE, Governor Ch. 918
	697	+	(3) IDENTIFY THE PRODUCT MA NUFACTURED BY THE AP PLICANT 20
	698	+	THAT THE APPLICANT I NTENDS TO SHIP OR DELIVER TO A CONSUME R IN THE STATE; 21
	699	+	AND 22
747	700
748		-	– 17 –
749		-	(5) MAINTAIN FOR 3 YEARS COMPLETE AND A CCURATE RECORDS OF
750		-	ALL INFORMATION NEED ED TO VERIFY COMPLIANCE WITH THIS PART;
	701	+	(4) PAY A FEE OF $200 FOR INITIAL ISSUANCE OF THE PERMIT. 23
751	702
752		-	(6) ~~ALLOW~~ THE ~~COMPTROLLER OR~~ THE ~~EXECUTIVE DIRECTOR TO~~
753		-	~~PERFORM AN AUDIT OF~~ THE ~~PERMIT HOLDER ’S~~ ~~RECORDS ON REQUEST ; AND~~
	703	+	(B) IF AN APPLICANT MEETS THE REQUIREMENTS OF THIS PART, THE 24
	704	+	EXECUTIVE DIRECTOR SHALL ISSUE TO THE APPLICANT : 25
754	705
755		-	(7) CONSENT TO THE JURIS DICTION OF THE EXECUTIVE DIRECTOR,
756		-	COMPTROLLER , OR OTHER STATE UNIT AND THE STATE COURTS CONCERNING
757		-	ENFORCEMENT OF THIS PART AND ANY RELATED LAW.
	706	+	(1) A DIRECT BEER DELIVE RY PERMIT; OR 26
758	707
759		-	(B) (1) THE HOLDER OF A DIREC T BEER DELIVERY PERM IT OR A DIRECT
760		-	BEER SHIPPER ’S PERMIT MAY NOT CAUSE MORE T HAN 3,456 OUNCES OF BEER OF
761		-	THE PERMIT HOLDER ’S OWN PRODUCT TO BE DELIVERED TO A SINGLE DELIVERY
762		-	ADDRESS IN A SINGLE CALENDAR YEAR .
	708	+	(2) A DIRECT BEER SHIPPE R’S PERMIT; 27
763	709
764		-	(2) THE HOLDER OF A DIREC T LIQUOR DELIVERY PE RMIT OR A
765		-	DIRECT LIQUOR SHIPPE R’S PERMIT MAY NOT CAUSE MORE T HAN 24 STANDARD
766		-	750–MILLILITER BOTTLES O F LIQUOR THE PERMIT HOLDER ’S OWN PRODUCT , OR AN
767		-	EQUIVALENT AMOUNT , TO BE DELIVERED TO A SINGLE DELIVERY ADDR ESS IN A
768		-	SINGLE CALENDAR YEAR .
	710	+	(3) A DIRECT LIQUOR DELI VERY PERMIT; OR 28
	711	+	16 SENATE BILL 1041
769	712
770		-	2–174.
771	713
772		-	(A) A HOLDER OF A PERMIT I SSUED UNDER THIS PAR T MAY RENEW THE
773		-	PERMIT EACH YEAR IF THE HOLDER:
	714	+	(4) A DIRECT LIQUOR SHIP PER’S PERMIT. 1
774	715
775		-	~~(1) IS OTHERWISE ENTITLE D TO HOLD A PERMIT U NDER THIS PART ;~~
	716	+	2–171. 2
776	717
777		-	(2) PROVIDES TO THE EXECUTIVE DIRECTOR AND THE
778		-	COMPTROLLER A COPY OF ITS CURRENT PERMIT ; AND
	718	+	(A) A DIRECT BEER DELIVERY PERMIT ENTITLES THE HOLDER TO SELL AND 3
	719	+	DELIVER BEER MANUFAC TURED BY THE HOLDER DIRECTLY TO A CONSUM ER IN THE 4
	720	+	STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER TRANS MITS BY 5
	721	+	ELECTRONIC OR OTHER MEANS. 6
779	722
780		-	(3) PAYS THE EXECUTIVE DIRECTOR A RENEWAL FE E OF $200.
	723	+	(B) A DIRECT BEER SHIPPER ’S PERMIT ENTITLES TH E HOLDER T O SELL 7
	724	+	BEER MANUFACTURED BY THE HOLDER THROUGH A HOLDER OF A COMMON 8
	725	+	CARRIER PERMIT TO A CONSUMER BY RECEIVIN G AND FILLING ORDERS THAT THE 9
	726	+	CONSUMER TRANSMITS B Y ELECTRONIC OR OTHE R MEANS. 10
781	727
782		-	(B) THE EXECUTIVE DIRECTOR MAY DENY A R ENEWAL APPLICATION F OR A
783		-	PERMIT ISSUED UNDER THIS PART IF THE HO LDER FAILS TO:
	728	+	(C) A DIRECT LIQUOR DELIVE RY PERMIT ENTITLES T HE HOLDER TO SELL 11
	729	+	AND DELIVER LIQUOR MANUF ACTURED BY THE HOLDE R DIRECTLY TO A CONS UMER 12
	730	+	IN THE STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER 13
	731	+	TRANSMITS BY ELECTRO NIC OR OTHER MEANS . 14
784	732
785		-	(1) FILE A TAX RETURN RE QUIRED UNDER THIS SU BTITLE;
	733	+	(D) A DIRECT LIQUOR SHIPPE R’S PERMIT ENTITLES TH E HOLDER TO SELL 15
	734	+	LIQUOR MANUFACTURED BY THE HOLDER THROUG H A HOLDER OF A COMM ON 16
	735	+	CARRIER PERMIT TO A CONSUMER BY RECEIVIN G AND FILLING ORDERS THAT THE 17
	736	+	CONSUMER TRANSMITS B Y ELECTRONIC OR OTHE R MEANS. 18
786	737
787		-	~~(2) PAY A FEE OR TAX WHE N DUE; OR~~
	738	+	2–172. 19
788	739
789		-	~~(3) AFTER RECEIVING NOTI CE,~~ ~~COMPLY WITH~~ THIS ~~ART ICLE OR A~~
790		-	~~REGULATION THAT THE EXECUTIVE DIRECTOR ADOPTS UNDER THIS ARTICLE~~.
	740	+	THE TERM OF A PERMIT ISSUED UNDER THIS PA RT IS 1 YEAR AND BEGINS ON 20
	741	+	JULY 1. 21
791	742
792		-	2–~~175~~. ~~Ch. 918 2024 LAWS OF MARYLAND~~
	743	+	2–173. 22
793	744
794		-	~~– 18 –~~
	745	+	(A) A PERSON WHO HOLDS A P ERMIT UNDER THIS PAR T SHALL: 23
795	746
796		-	(A) ~~TO RECEIVE A DIRECT D ELIVERY OR DIRECT SHIPMENT OF BEER OR~~
797		-	~~LIQUOR,~~ A ~~CONSUMER~~ IN THE STATE ~~SHALL BE AT LEA ST 21 YEARS OLD.~~
	747	+	(1) ENSURE THAT ANY CONT AINER CONTAINING AN ALCOHOLIC 24
	748	+	BEVERAGE DELIVERED OR SHIPPED DIRECTLY TO A CONSUM ER IN THE STATE IS: 25
798	749
799		-	(B) A PERSON WHO RECEIVES A DELIVERY OR SHIPMENT OF ALCOHOLIC
800		-	BEVERAGES UNDER THIS PART SHALL USE THE A LCOHOLIC BEVERAGES F OR
801		-	PERSONAL CONSUMPTION ONLY AND MAY NOT RESELL T HE DELIVERY OR SHIPMENT
802		-	IN WHOLE OR IN PART .
	750	+	(I) CONSPICUOUSLY LABELE D WITH: 26
803	751
804		-	~~2–176~~.
	752	+	1. THE NAME OF THE MANUFACTURER ; 27
805	753
806		-	(A) A PERSON WITHOUT A DIR ECT BEER SHIPPER ’S PERMIT ISSUED UNDE R
807		-	THIS PART MAY NOT SH IP BEER DIRECTLY TO A CONSUMER IN THE STATE.
	754	+	2. THE NAME AND ADDRESS OF THE CONSUMER WHO IS 28
	755	+	THE INTENDED RECIPIE NT; AND 29
	756	+	SENATE BILL 1041 17
808	757
809		-	(B) A PERSON WITHOUT A DIRECT LIQUOR SHIPPE R’S PERMIT ISSUED
810		-	UNDER THIS PART MAY NOT SHIP LIQUOR DIRE CTLY TO A CONSUMER I N THE STATE.
811	758
812		-	2–202.
	759	+	3. THE WORDS “CONTAINS ALCOHOL: SIGNATURE OF 1
	760	+	PERSON AT LEAST 21 YEARS OF AGE REQUIRED FOR DELIVERY”; AND 2
813	761
814		-	(a) ~~There is a Class 1 distillery license.~~
	762	+	(II) COMMERCIALLY SEALED BY THE MANUFACTURER ; 3
815	763
816		-	(K) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR
817		-	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON:
	764	+	(2) REPORT TO THE EXECUTIVE DIRECTOR INFORMATION ABOUT 4
	765	+	THE SHIPMENTS OR DELIVERIES, IN A MANNER THAT THE EXECUTIVE DIRECTOR 5
	766	+	DETERMINES ; 6
818	767
819		-	(1) ~~THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE~~
820		-	~~LICENSE~~;
	768	+	(3) FILE A QUARTERLY TAX RETURN IN ACCORDANCE WITH § 7
	769	+	5–201(D) OF THE TAX – GENERAL ARTICLE; 8
821	770
822		-	(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR
823		-	OFF–PREMISES CONSUMPTION ; AND
	771	+	(4) PAY QUARTERLY TO THE COMPTROLLER ALL SALES TAXES AND 9
	772	+	EXCISE TAXES DUE ON SALES TO CONSUMERS I N THE STATE AND CALCULATE T HE 10
	773	+	TAXES AS IF THE SALE SALES WERE MADE IN THE STATE; 11
824	774
825		-	(3) ~~THE AMOUNT~~ OF ~~ALCOHO~~ ~~LIC BEVERAGES SERVED FOR~~
826		-	~~ON–PREMISES CONSUMPTION .~~
	775	+	(5) MAINTAIN FOR 3 YEARS COMPLETE AND A CCURATE RECORDS OF 12
	776	+	ALL INFORMATION NEED ED TO VERIFY CO MPLIANCE WITH THIS P ART; 13
827	777
828		-	(L) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY
829		-	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON
830		-	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES.
	778	+	(6) ALLOW THE COMPTROLLER OR THE EXECUTIVE DIRECTOR TO 14
	779	+	PERFORM AN AUDIT OF THE PERMIT HOLDER ’S RECORDS ON REQUEST ; AND 15
831	780
832		-	[(k)] (M) The annual license fee:
	781	+	(7) CONSENT TO THE JURIS DICTION OF THE EXECUTIVE DIRECTOR, 16
	782	+	COMPTROLLER , OR OTHER STATE UNIT AND THE STATE COURTS CONCERNING 17
	783	+	ENFORCEMENT OF THIS PART AND ANY RELATED LAW. 18
833	784
834		-	(1) shall be determined by the Executive Director; and
	785	+	(B) (1) THE HOLDER OF A DIREC T BEER DELIVERY PERM IT OR A DIRECT 19
	786	+	BEER SHIPPER ’S PERMIT MAY NOT CAUSE MORE T HAN 3,456 OUNCES OF BEER OF 20
	787	+	THE PERMIT HOLDER ’S OWN PRODUCT TO BE DELIVERED TO A SINGLE DELIVERY 21
	788	+	ADDRESS IN A SINGLE CALENDAR YEAR . 22
835	789
836		-	(2) may not exceed $2,000.
	790	+	(2) THE HOLDER OF A DIREC T LIQUOR DELIVERY PE RMIT OR A 23
	791	+	DIRECT LIQUOR SHIPPE R’S PERMIT MAY NOT CAUSE MORE T HAN 24 STANDARD 24
	792	+	750–MILLILITER BOTTLES O F LIQUOR THE PERMIT HOLDER ’S OWN PRODUCT , OR AN 25
	793	+	EQUIVALENT AMOUNT , TO BE DELIVERED TO A SINGLE DELIVERY ADDR ESS IN A 26
	794	+	SINGLE CALENDAR YEAR . 27
837	795
838		-	2–~~205~~. ~~WES MOORE, Governor Ch. 918~~
	796	+	2–174. 28
839	797
840		-	– 19 –
	798	+	(A) A HOLDER OF A PERMIT I SSUED UNDER THIS PAR T MAY RENEW THE 29
	799	+	PERMIT EACH YEAR IF THE HOLDER: 30
841	800
842		-	(a) There is a Class 3 winery license.
	801	+	(1) IS OTHERWISE ENTITLE D TO HOLD A PERMIT U NDER THIS PART ; 31
	802	+	18 SENATE BILL 1041
843	803
844		-	(c) An individual may purchase wine under subsection (b)(4) of this section if the
845		-	individual[:
846	804
847		-	(1) purchases not more than 1 quart in a single year; and
	805	+	(2) PROVIDES TO THE EXECUTIVE DIRECTOR AND THE 1
	806	+	COMPTROLLER A COPY OF ITS CURRENT PERMIT ; AND 2
848	807
849		-	(2)~~] has attained~~ the ~~legal drinking age~~.
	808	+	(3) PAYS THE EXECUTIVE DIRECTOR A RENEWAL FE E OF $200. 3
850	809
851		-	(D) ~~THE LICENSE HOLDER SH ALL REPORT TO~~ THE EXECUTIVE DIRECTOR
852		-	~~ANNUALLY ON A FORM P ROVIDED BY~~ THE ~~EXECUTIVE DIRECTOR ON~~:
	810	+	(B) THE EXECUTIVE DIRECTOR MAY DENY A R ENEWAL APPLICATION F OR A 4
	811	+	PERMIT ISSUED UNDER THIS PART IF THE HO LDER FAILS TO: 5
853	812
854		-	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE
855		-	LICENSE;
	813	+	(1) FILE A TAX RETURN RE QUIRED UNDER THIS SU BTITLE; 6
856	814
857		-	(2) THE AMOUNT OF ALCOHOLIC BEVERAGES SOLD FOR
858		-	OFF–PREMISES CONSUMPTION ; AND
	815	+	(2) PAY A FEE OR TAX WHE N DUE; OR 7
859	816
860		-	(3) ~~THE AMOUNT OF ALCOHO~~ ~~LIC BEVERAGES SERVED FOR~~
861		-	~~ON–PREMISES CONSUMPTION~~ .
	817	+	(3) AFTER RECEIVING NOTI CE, COMPLY WITH THIS ART ICLE OR A 8
	818	+	REGULATION THAT THE EXECUTIVE DIRECTOR ADOPTS UNDER THIS ARTICLE. 9
862	819
863		-	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY
864		-	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON
865		-	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES.
	820	+	2–175. 10
866	821
867		-	[(d)] (F) The annual license fee:
	822	+	(A) TO RECEIVE A DIRECT DELIVERY OR DIRECT SHIPMENT OF BEER OR 11
	823	+	LIQUOR, A CONSUMER IN THE STATE SHALL BE AT LEA ST 21 YEARS OLD. 12
868	824
869		-	(1) shall be determined by the Executive Director; and
	825	+	(B) A PERSON WHO RECEIVES A DELIVERY OR SHIPMENT OF ALCOHOLIC 13
	826	+	BEVERAGES UNDER THIS PART SHALL USE THE A LCOHOLIC BEVERAGES F OR 14
	827	+	PERSONAL CONS UMPTION ONLY AND MAY NOT RESELL THE DELIV ERY OR SHIPMENT 15
	828	+	IN WHOLE OR IN PART . 16
870	829
871		-	(2~~) may not exceed $750~~.
	830	+	2–176. 17
872	831
873		-	2–206.
	832	+	(A) A PERSON WITHOUT A DIR ECT BEER SHIPPER ’S PERMIT ISSUED UNDE R 18
	833	+	THIS PART MAY NOT SH IP BEER DIRECTLY TO A CONSUMER IN THE STATE. 19
874	834
875		-	(a) There is a Class 4 limited winery license.
	835	+	(B) A PERSON WITHOUT A DIR ECT LIQUOR SHIPPER ’S PERMIT ISSUED 20
	836	+	UNDER THIS PART MAY NOT SHIP LIQUOR DIRE CTLY TO A CONSUMER I N THE STATE. 21
876	837
877		-	(H) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR
878		-	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON:
	838	+	2–202. 22
879	839
880		-	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE
881		-	LICENSE;
	840	+	(a) There is a Class 1 distillery license. 23
882	841
883		-	(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR
884		-	OFF–PREMISES CO NSUMPTION; AND
885		-	Ch. 918 2024 LAWS OF MARYLAND
	842	+	(K) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR 24
	843	+	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 25
886	844
887		-	~~– 20 –~~
888		-	~~(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR~~
889		-	~~ON–PREMISES CONSUMPTION .~~
	845	+	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 26
	846	+	LICENSE; 27
	847	+	SENATE BILL 1041 19
890	848
891		-	(I) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY
892		-	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON
893		-	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVERAGES .
894	849
895		-	[(h)] (J) The annual license fee:
	850	+	(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 1
	851	+	OFF–PREMISES CONSUMPTION ; AND 2
896	852
897		-	(1) shall be determined by the Executive Director; and
	853	+	(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR 3
	854	+	ON–PREMISES CONSUMPTION . 4
898	855
899		-	(2) may not exceed $200.
	856	+	(L) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 5
	857	+	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON 6
	858	+	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES. 7
900	859
901		-	~~2–207.~~
	860	+	[(k)] (M) The annual license fee: 8
902	861
903		-	(b) ~~There is a Class 5 brewery license.~~
	862	+	(1) shall be determined by the Executive Director; and 9
904	863
905		-	(K) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR
906		-	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON:
	864	+	(2) may not exceed $2,000. 10
907	865
908		-	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE
909		-	LICENSE;
	866	+	2–205. 11
910	867
911		-	(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR
912		-	OFF–PREMISES CONSUMPTION ; AND
	868	+	(a) There is a Class 3 winery license. 12
913	869
914		-	(3) THE ~~AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR~~
915		-	~~ON–PREMISES CONSUMPTION .~~
	870	+	(c) An individual may purchase wine under subsection (b)(4) of this section if the 13
	871	+	individual[: 14
916	872
917		-	(L) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY
918		-	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON
919		-	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES.
	873	+	(1) purchases not more than 1 quart in a single year; and 15
920	874
921		-	2~~–214~~.
	875	+	(2)] has attained the legal drinking age. 16
922	876
923		-	(a) Except as otherwise provided with respect to a DELIVERY PERMIT ISSU ED
924		-	UNDER SUBTITLE 1, PART V OR PART VIII OF DIVISION I OF THIS ARTICLE, TITLE
925		-	OR A 1–day license in Division II of this article, and subject to subsection (b) of this section,
926		-	a holder of a manufacturer’s license may not sell or deliver alcoholic beverages to a person
927		-	in the State that does not hold a license or permit under this article.
	877	+	(D) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR 17
	878	+	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 18
928	879
929		-	Article – Tax – General
	880	+	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 19
	881	+	LICENSE; 20
930	882
931		-	13–825. WES MOORE, Governor Ch. 918
	883	+	(2) THE AMOUNT OF A LCOHOLIC BEVERAGES S OLD FOR 21
	884	+	OFF–PREMISES CONSUMPTION ; AND 22
932	885
933		-	– 21 –
	886	+	(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR 23
	887	+	ON–PREMISES CONSUMPTION . 24
934	888
935		-	(a) The ~~Comptroller may require a person whose gross receipts are subject to~~
936		-	~~admissions and amusement tax and whose business is not~~ a ~~permanent operation in the~~
937		-	~~State~~ to ~~post security for~~ the ~~tax in the amount that the Comptroller determines~~.
	889	+	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 25
	890	+	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMP TION TO A PERSON 26
	891	+	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES. 27
938	892
939		-	(b) The Comptroller shall require:
	893	+	[(d)] (F) The annual license fee: 28
	894	+	20 SENATE BILL 1041
940	895
941		-	(1) a manufacturer, wholesaler, or nonresident winery permit holder who
942		-	sells or delivers beer or wine to retailers in the State to post security for the alcoholic
943		-	beverage tax:
944	896
945		-	(i) ~~in an amount not less than:~~
	897	+	(1) shall be determined by the Executive Director; and 1
946	898
947		-	1. ~~$1,000 for beer; and~~
	899	+	(2) may not exceed $750. 2
948	900
949		-	2. ~~$1,000 for wine; and~~
	901	+	2–206. 3
950	902
951		-	(ii) if the alcoholic beverage tax on beer and wine paid in any 1
952		-	month exceeds $1,000, in an additional amount at least equal to the excess;
	903	+	(a) There is a Class 4 limited winery license. 4
953	904
954		-	(2) a manufacturer or wholesaler who sells or delivers any distilled spirits
955		-	or any wine and distilled spirits in the State to post a security for the alcoholic beverage
956		-	tax:
	905	+	(H) THE LICENSE HOLDER SHALL REPORT TO THE EXECUTIVE DIRECTOR 5
	906	+	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 6
957	907
958		-	(i) in an amount not less than $5,000; and
	908	+	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 7
	909	+	LICENSE; 8
959	910
960		-	(ii) in an additional amount:
	911	+	(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 9
	912	+	OFF–PREMISES CONSUMPTION ; AND 10
961	913
962		-	1. equal to twice the amount of its largest monthly alcoholic
963		-	beverage tax liability for wine and distilled spirits in the preceding calendar year less
964		-	$5,000; or
	914	+	(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR 11
	915	+	ON–PREMISES CONSUMPTION . 12
965	916
966		-	2. if the information for the preceding calendar year is not
967		-	available or cannot be provided, equal to the amount that the Comptroller requires; and
	917	+	(I) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 13
	918	+	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON 14
	919	+	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVERAGES . 15
968	920
969		-	(3) except as provided in subsection (i) of this section, a holder of a direct
970		-	wine shipper’s permit, DIRECT BEER SHIPPER ’S PERMIT, OR DIRECT LIQUOR
971		-	SHIPPER’S PERMIT to post security for the alcoholic beverage tax in an amount not less
972		-	than $1,000.
	921	+	[(h)] (J) The annual license fee: 16
973	922
974		-	(i) ~~A person need not post security under subsection (b)(3) of this section if:~~
	923	+	(1) shall be determined by the Executive Director; and 17
975	924
976		-	(1) the person is a manufacturer that has posted security under subsection
977		-	(b)(2) of this section; or
978		-	Ch. 918 2024 LAWS OF MARYLAND
	925	+	(2) may not exceed $200. 18
979	926
980		-	– 22 –
981		-	(2) at any time starting 3 years after the Comptroller first issues a direct
982		-	wine shipper’s permit to the person, the Comptroller:
	927	+	2–207. 19
983	928
984		-	(i) determines that the person has a substantial record of tax and
985		-	reporting compliance; and
	929	+	(b) There is a Class 5 brewery license. 20
986	930
987		-	(ii) waives the security requirement.
	931	+	(K) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR 21
	932	+	ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 22
988	933
989		-	~~SECTION 2. AND BE IT FURTHER ENACTED, That~~ the ~~Laws~~ of ~~Maryland read~~
990		-	~~as follows:~~
	934	+	(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 23
	935	+	LICENSE; 24
991	936
992		-	Article – Alcoholic Beverages and Cannabis
	937	+	(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 25
	938	+	OFF–PREMISES CONSUMPTION ; AND 26
993	939
994		-	2–202.
	940	+	(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 27
	941	+	ON–PREMISES CONSUMPTION . 28 SENATE BILL 1041 21
995	942
996		-	(a) There is a Class 1 distillery license.
997	943
998		-	(c) A license holder may:
999	944
1000		-	(1) establish and operate a plant for distilling, rectifying, blending, and
1001		-	bottling, at the location described in the license:
	945	+	(L) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 1
	946	+	NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON 2
	947	+	WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES. 3
1002	948
1003		-	~~(i) brandy;~~
	949	+	2–214. 4
1004	950
1005		-	(ii) rum;
	951	+	(a) Except as otherwise provided with respect to a DELIVERY PERMIT ISSU ED 5
	952	+	UNDER SUBTITLE 1, PART V OR PART VIII OF DIVISION I OF THIS ARTICLE, TITLE 6
	953	+	OR A 1–day license in Division II of this article, and subject to subsection (b) of this section, 7
	954	+	a holder of a manufacturer’s license may not sell or deliver alcoholic beverages to a person 8
	955	+	in the State that does not hold a license or permit under this article. 9
1006	956
1007		-	~~(iii) whiskey;~~
	957	+	Article – Tax – General 10
1008	958
1009		-	~~(iv) alcohol; and~~
	959	+	13–825. 11
1010	960
1011		-	(v) neutral spirits;
	961	+	(a) The Comptroller may require a person whose gross receipts are subject to 12
	962	+	admissions and amusement tax and whose business is not a permanent operation in the 13
	963	+	State to post security for the tax in the amount that the Comptroller determines. 14
1012	964
1013		-	(2) ~~sell and deliver~~ the ~~alcoholic beverages~~:
	965	+	(b) The Comptroller shall require: 15
1014	966
1015		-	(i) in bulk to a person in the State that is authorized to acquire
1016		-	them; and
	967	+	(1) a manufacturer, wholesaler, or nonresident winery permit holder who 16
	968	+	sells or delivers beer or wine to retailers in the State to post security for the alcoholic 17
	969	+	beverage tax: 18
1017	970
1018		-	(ii) ~~to a person outside the State that is authorized to acquire them;~~
	971	+	(i) in an amount not less than: 19
1019	972
1020		-	(3) manufacture an alcoholic beverage listed in item (1) of this subsection
1021		-	in the name of another person or under a trade name if the other person or trade name also
1022		-	holds a Class 1 distillery license;
	973	+	1. $1,000 for beer; and 20
1023	974
1024		-	(4) acquire alcoholic beverages from the holder of a manufacturer’s license
1025		-	or wholesaler’s license or nonresident dealer’s permit for use in manufacturing;
1026		-	WES MOORE, Governor Ch. 918
	975	+	2. $1,000 for wine; and 21
1027	976
1028		-	~~– 23 –~~
1029		-	~~(5) (i) conduct guided tours of~~ the ~~licensed premises~~;
	977	+	(ii) if the alcoholic beverage tax on beer and wine paid in any 1 22
	978	+	month exceeds $1,000, in an additional amount at least equal to the excess; 23
1030	979
1031		-	(ii) at no cost or for a fee, serve to an individual who has attained the
1032		-	legal drinking age and participated in a guided tour of the licensed premises, not more than
1033		-	2 ounces of products, with each product sample consisting of not more than one–half ounce
1034		-	from a single product manufactured by the license holder;
	980	+	(2) a manufacturer or wholesaler who sells or delivers any distilled spirits 24
	981	+	or any wine and distilled spirits in the State to post a security for the alcoholic beverage 25
	982	+	tax: 26
1035	983
1036		-	(iii) serve samples blended with other products manufactured by the
1037		-	license holder or nonalcoholic ingredients; and
	984	+	(i) in an amount not less than $5,000; and 27
1038	985
1039		-	(iv) sell [not more than 2.25 liters of] products manufactured on the
1040		-	licensed premises, for off–premises consumption, and related merchandise to an individual
1041		-	who has attained the legal drinking age [and participated in a guided tour of the licensed
1042		-	premises]; and
	986	+	(ii) in an additional amount: 28
	987	+	22 SENATE BILL 1041
1043	988
1044		-	(6) subject to subsection (i) of this section, sell liquor manufactured by the
1045		-	license holder that is mixed with other nonalcoholic ingredients.
1046	989
1047		-	2–207.
	990	+	1. equal to twice the amount of its largest monthly alcoholic 1
	991	+	beverage tax liability for wine and distilled spirits in the preceding calendar year less 2
	992	+	$5,000; or 3
1048	993
1049		-	(b) There is a Class 5 brewery license.
	994	+	2. if the information for the preceding calendar year is not 4
	995	+	available or cannot be provided, equal to the amount that the Comptroller requires; and 5
1050	996
1051		-	(c) A license holder may:
	997	+	(3) except as provided in subsection (i) of this section, a holder of a direct 6
	998	+	wine shipper’s permit, DIRECT BEER SHIPPER ’S PERMIT, OR DIRECT LIQUOR 7
	999	+	SHIPPER’S PERMIT to post security for the alcoholic beverage tax in an amount not less 8
	1000	+	than $1,000. 9
1052	1001
1053		-	(1) establish and operate a plant for brewing and bottling malt beverages
1054		-	at the location described in the license;
	1002	+	(i) A person need not post security under subsection (b)(3) of this section if: 10
1055	1003
1056		-	(2) import beer from a holder of a nonresident dealer’s permit;
	1004	+	(1) the person is a manufacturer that has posted security under subsection 11
	1005	+	(b)(2) of this section; or 12
1057	1006
1058		-	(3) contract to brew and bottle beer with and on behalf of the holder of a
1059		-	Class 2 rectifying license, Class 5 brewery license, Class 7 micro–brewery license, Class 8
1060		-	farm brewery license, or a nonresident dealer’s permit;
	1007	+	(2) at any time starting 3 years after the Comptroller first issues a direct 13
	1008	+	wine shipper’s permit to the person, the Comptroller: 14
1061	1009
1062		-	(4) sell and deliver beer to:
	1010	+	(i) determines that the person has a substantial record of tax and 15
	1011	+	reporting compliance; and 16
1063	1012
1064		-	(i) a holder of a wholesaler’s license that is authorized to acquire
1065		-	beer; or
	1013	+	(ii) waives the security requirement. 17
1066	1014
1067		-	(ii) a person outside of the State that is authorized to acquire beer;
	1015	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
	1016	+	as follows: 19
1068	1017
1069		-	(5) subject to subsection (i) of this section, serve, at the location described
1070		-	in the license and at no charge, samples of beer, consisting of a total of not more than 18
1071		-	ounces of beer per visit, to an individual who:
	1018	+	Article – Alcoholic Beverages and Cannabis 20
1072	1019
1073		-	(i) has attained the legal drinking age; and
1074		-	Ch. 918 2024 LAWS OF MARYLAND
	1020	+	2–202. 21
1075	1021
1076		-	– 24 –
1077		-	(ii) is participating in a guided tour of the brewery or attends a
1078		-	scheduled promotional event or other organized activity at the brewery;
	1022	+	(a) There is a Class 1 distillery license. 22
1079	1023
1080		-	(6) subject to subsections (d) and (i) of this section, sell beer for
1081		-	off–premises consumption at the location described in the license, at retail in a container
1082		-	other than a keg to an individual who has attained legal drinking age;
	1024	+	(c) A license holder may: 23
1083	1025
1084		-	(7) ~~subject to subsection (f) of this section~~, ~~sell beer at the location described~~
1085		-	in the license ~~for on–premises consumption; and~~
	1026	+	(1) establish and operate a plant for distilling, rectifying, blending, and 24
	1027	+	bottling, at the location described in the license: 25
1086	1028
1087		-	(8) brew and bottle malt beverages at a location listed on a permit issued
1088		-	to the license holder in accordance with § 2–113 of this title.
	1029	+	(i) brandy; 26
1089	1030
1090		-	(d) An individual may purchase beer under subsection (c)(6) of this section if the
1091		-	individual[:
	1031	+	(ii) rum; 27
1092	1032
1093		-	(1) ~~purchases not more than 288 ounces of beer per visit~~; ~~and~~
	1033	+	(iii) whiskey; 28
1094	1034
1095		-	(2)] has attained the legal drinking age.
	1035	+	(iv) alcohol; and 29
	1036	+	SENATE BILL 1041 23
1096	1037
1097		-	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
1098		-	effect July 1, 2024, the effective date of Chapter 594 of the Acts of the General Assembly of
1099		-	2023. If the effective date of Chapter 594 is amended, Section 2 of this Act shall take effect
1100		-	on the taking effect of Chapter 594.
1101	1038
1102		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Executive Director of the
1103		-	Alcohol, Tobacco, and Cannabis Commission shall evaluate the implementation of a
1104		-	standard digital age verification system that holders of a direct delivery permit issued
1105		-	under Title 2, Subtitle 1, Part V or Part VIII of Division I of the Alcoholic Beverages and
1106		-	Cannabis Article, as enacted by Section 1 of this Act, shall use to verify the age of a person
1107		-	accepting the delivery of alcoholic beverages.
	1039	+	(v) neutral spirits; 1
1108	1040
1109		-	SECTION 4. 5. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this
1110		-	Act, this Act shall take effect July 1, 2024.
	1041	+	(2) sell and deliver the alcoholic beverages: 2
1111	1042
1112		-	Approved by the Governor, May 16, 2024.
	1043	+	(i) in bulk to a person in the State that is authorized to acquire 3
	1044	+	them; and 4
	1045	+
	1046	+	(ii) to a person outside the State that is authorized to acquire them; 5
	1047	+
	1048	+	(3) manufacture an alcoholic beverage listed in item (1) of this subsection 6
	1049	+	in the name of another person or under a trade name if the other person or trade name also 7
	1050	+	holds a Class 1 distillery license; 8
	1051	+
	1052	+	(4) acquire alcoholic beverages from the holder of a manufacturer’s license 9
	1053	+	or wholesaler’s license or nonresident dealer’s permit for use in manufacturing; 10
	1054	+
	1055	+	(5) (i) conduct guided tours of the licensed premises; 11
	1056	+
	1057	+	(ii) at no cost or for a fee, serve to an individual who has attained the 12
	1058	+	legal drinking age and participated in a guided tour of the licensed premises, not more than 13
	1059	+	2 ounces of products, with each product sample consisting of not more than one–half ounce 14
	1060	+	from a single product manufactured by the license holder; 15
	1061	+
	1062	+	(iii) serve samples blended with other products manufactured by the 16
	1063	+	license holder or nonalcoholic ingredients; and 17
	1064	+
	1065	+	(iv) sell [not more than 2.25 liters of] products manufactured on the 18
	1066	+	licensed premises, for off–premises consumption, and related merchandise to an individual 19
	1067	+	who has attained the legal drinking age [and participated in a guided tour of the licensed 20
	1068	+	premises]; and 21
	1069	+
	1070	+	(6) subject to subsection (i) of this section, sell liquor manufactured by the 22
	1071	+	license holder that is mixed with other nonalcoholic ingredients. 23
	1072	+
	1073	+	2–207. 24
	1074	+
	1075	+	(b) There is a Class 5 brewery license. 25
	1076	+
	1077	+	(c) A license holder may: 26
	1078	+
	1079	+	(1) establish and operate a plant for brewing and bottling malt beverages 27
	1080	+	at the location described in the license; 28
	1081	+
	1082	+	(2) import beer from a holder of a nonresident dealer’s permit; 29
	1083	+	24 SENATE BILL 1041
	1084	+
	1085	+
	1086	+	(3) contract to brew and bottle beer with and on behalf of the holder of a 1
	1087	+	Class 2 rectifying license, Class 5 brewery license, Class 7 micro–brewery license, Class 8 2
	1088	+	farm brewery license, or a nonresident dealer’s permit; 3
	1089	+
	1090	+	(4) sell and deliver beer to: 4
	1091	+
	1092	+	(i) a holder of a wholesaler’s license that is authorized to acquire 5
	1093	+	beer; or 6
	1094	+
	1095	+	(ii) a person outside of the State that is authorized to acquire beer; 7
	1096	+
	1097	+	(5) subject to subsection (i) of this section, serve, at the location described 8
	1098	+	in the license and at no charge, samples of beer, consisting of a total of not more than 18 9
	1099	+	ounces of beer per visit, to an individual who: 10
	1100	+
	1101	+	(i) has attained the legal drinking age; and 11
	1102	+
	1103	+	(ii) is participating in a guided tour of the brewery or attends a 12
	1104	+	scheduled promotional event or other organized activity at the brewery; 13
	1105	+
	1106	+	(6) subject to subsections (d) and (i) of this section, sell beer for 14
	1107	+	off–premises consumption at the location described in the license, at retail in a container 15
	1108	+	other than a keg to an individual who has attained legal drinking age; 16
	1109	+
	1110	+	(7) subject to subsection (f) of this section, sell beer at the location described 17
	1111	+	in the license for on–premises consumption; and 18
	1112	+
	1113	+	(8) brew and bottle malt beverages at a location listed on a permit issued 19
	1114	+	to the license holder in accordance with § 2–113 of this title. 20
	1115	+
	1116	+	(d) An individual may purchase beer under subsection (c)(6) of this section if the 21
	1117	+	individual[: 22
	1118	+
	1119	+	(1) purchases not more than 288 ounces of beer per visit; and 23
	1120	+
	1121	+	(2)] has attained the legal drinking age. 24
	1122	+
	1123	+	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 25
	1124	+	effect July 1, 2024, the effective date of Chapter 594 of the Acts of the General Assembly of 26
	1125	+	2023. If the effective date of Chapter 594 is amended, Section 2 of this Act shall take effect 27
	1126	+	on the taking effect of Chapter 594. 28
	1127	+
	1128	+	SECTION 4. AND BE IT FURTHER ENACTED, That the Executive Director of the 29
	1129	+	Alcohol, Tobacco, and Cannabis Commission shall evaluate the implementation of a 30
	1130	+	standard digital age verification system that holders of a direct delivery permit issued 31
	1131	+	under Title 2, Subtitle 1, Part V or Part VIII of Division I of the Alcoholic Beverages and 32 SENATE BILL 1041 25
	1132	+
	1133	+
	1134	+	Cannabis Article, as enacted by Section 1 of this Act, shall use to verify the age of a person 1
	1135	+	accepting the delivery of alcoholic beverages. 2
	1136	+
	1137	+	SECTION 4. 5. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 3
	1138	+	Act, this Act shall take effect July 1, 2024. 4
	1139	+
	1140	+
	1141	+
	1142	+	Approved:
	1143	+	________________________________________________________________________________
	1144	+	Governor.
	1145	+	________________________________________________________________________________
	1146	+	President of the Senate.
	1147	+	________________________________________________________________________________
	1148	+	Speaker of the House of Delegates.