Maryland 2025 Regular Session

Maryland House Bill HB1300 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1300*  
  
HOUSE BILL 1300 
C2   	5lr2653 
      
By: Delegate Rosenberg 
Introduced and read first time: February 7, 2025 
Assigned to: Economic Matters 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Baltimore City – Cigarettes and Other Tobacco Products – Public Notice of 2 
Application for County License 3 
 
FOR the purpose of requiring the clerk of the Circuit Court for Baltimore City to publish 4 
certain public notices of an application for certain county licenses to sell cigarettes 5 
or other tobacco products at retail before issuing a certain license; and generally 6 
relating to county retailer licenses and cigarettes and other tobacco products.  7 
 
BY repealing and reenacting, without amendments, 8 
 Article – Business Regulation 9 
Section 16–201(a), (d), and (k), 16–204(b)(1), 16–301, and 16.5–101(a), (b), and (f) 10 
 Annotated Code of Maryland 11 
 (2024 Replacement Volume) 12 
 
BY repealing and reenacting, with amendments, 13 
 Article – Business Regulation 14 
Section 16–302(a) and 16.5–203(b) 15 
 Annotated Code of Maryland 16 
 (2024 Replacement Volume) 17 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 
That the Laws of Maryland read as follows: 19 
 
Article – Business Regulation 20 
 
16–201. 21 
 
 (a) In this subtitle the following words have the meanings indicated. 22 
 
 (d) “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of 23 
this subtitle to act as a retailer. 24  2 	HOUSE BILL 1300  
 
 
 
 (k) “Retailer” means a person who: 1 
 
 (1) sells cigarettes to consumers through vending machines on fewer than 2 
40 premises; 3 
 
 (2) otherwise sells cigarettes to consumers; or 4 
 
 (3) holds cigarettes for sale to consumers. 5 
 
16–204. 6 
 
 (b) (1) An applicant for a license to act as a retailer shall: 7 
 
 (i) obtain the county license required under § 16–301 of this title; 8 
 
 (ii) submit to the clerk an application for each permanent or 9 
temporary place of business located in the same enclosure and operated by the same 10 
applicant; and 11 
 
 (iii) pay to the clerk a fee of $30. 12 
 
16–301. 13 
 
 Whenever a person sells cigarettes at retail in a county, the person must have a 14 
county license for: 15 
 
 (1) each place of business; and 16 
 
 (2) each vending machine, if the applicant sells cigarettes through a 17 
vending machine. 18 
 
16–302. 19 
 
 (a) (1) [For] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , FOR each 20 
county license, an applicant shall: 21 
 
 [(1)] (I) submit an application to the clerk; and 22 
 
 [(2)] (II) pay to the clerk a license fee of $300. 23 
 
 (2) IN BALTIMORE CITY ONLY, BEFORE A CLERK MAY I SSUE A 24 
COUNTY LICENSE UNDER § 16–303 OF THIS SUBTITLE , THE CLERK SHALL PROVIDE 25 
PUBLIC NOTICE BY: 26 
   	HOUSE BILL 1300 	3 
 
 
 (I) PUBLICATION OF A NOTICE OF THE APPLIC ATION TWO 1 
TIMES FOR 2 SUCCESSIVE WEEKS IN TWO NEWSPAPERS OF GENERAL CIRCULATION 2 
IN BALTIMORE CITY THAT STATES: 3 
 
 1. THE NAME OF THE APPL ICANT; 4 
 
 2. THAT THE APPLICANT I S APPLYING FOR A COU NTY 5 
LICENSE TO SELL CIGA RETTES AT RETAIL IN THE CITY; AND 6 
 
 3. THE LOCATION OF THE BUSINESS DESCRIBED IN THE 7 
APPLICATION; AND 8 
 
 (II) POSTING A NOTICE IN A CONSPICUOUS PLA CE AT THE 9 
LOCATION OF THE BUSINESS DESCRIBED IN THE APP LICATION FOR AT LEAS T 10 10 
DAYS.  11 
 
16.5–101. 12 
 
 (a) In this title the following words have the meanings indicated. 13 
 
 (b) “County license” means a license issued by the clerk to sell other tobacco 14 
products at retail in a county. 15 
 
 (f) “Licensed other tobacco products retailer” means a person licensed by the 16 
clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer. 17 
 
16.5–203. 18 
 
 (b) (1) An applicant for a license to act as an other tobacco products retailer or 19 
a tobacconist: 20 
 
 (i) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , shall 21 
obtain a county license by submitting to the clerk an application for each permanent or 22 
temporary place of business located in the same enclosure and operated by the same 23 
applicant; and 24 
 
 (ii) except as provided in paragraph [(2)] (3) of this subsection, shall 25 
pay to the clerk a fee of $15. 26 
 
 (2) IN BALTIMORE CITY ONLY, BEFORE A CLERK MAY I SSUE A 27 
COUNTY LICENSE UNDER T HIS SUBTITLE, THE CLERK SHALL PROVIDE PUBLIC 28 
NOTICE BY: 29 
  4 	HOUSE BILL 1300  
 
 
 (I) PUBLICATION OF A NOTICE OF THE APPLICATION T WO 1 
TIMES FOR 2 SUCCESSIVE WEEKS IN TWO NEWSPAPERS OF GE NERAL CIRCULATION 2 
IN BALTIMORE CITY THAT STATES: 3 
 
 1. THE NAME OF THE APPLICANT; 4 
 
 2. THAT THE APPLICANT I S APPLYING FOR A COU NTY 5 
LICENSE TO SELL OTHER TOBACCO PRODUC TS AT RETAIL IN THE CITY; AND 6 
 
 3. THE LOCATION OF THE BUSINESS DESCRIBED I N THE 7 
APPLICATION; AND 8 
 
 (II) POSTING A NOTICE IN A CONSPICU OUS PLACE AT THE 9 
LOCATION OF THE BUSI NESS DESCRIBED IN TH E APPLICATION FOR AT LEAST 10 10 
DAYS. 11 
 
 [(2)] (3) A person who has a license issued under Title 16 of this article to 12 
act as a cigarette retailer or to act as a special cigarette retailer is not required to pay the 13 
license fee. 14 
 
 [(3)] (4) The application shall: 15 
 
 (i) be made on the form that the clerk requires; and 16 
 
 (ii) contain the information that the Executive Director requires. 17 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 
October 1, 2025. 19