Maryland Statutes
Subtitle 2 - Cigarette Business Licenses
Section 16-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
    (b)    “License” means:
        (1)    a license issued by the Executive Director under § 16–205(a) of this subtitle to:
            (i)    act as a manufacturer;
            (ii)    act as a subwholesaler;
            (iii)    act as a vending machine operator;
            (iv)    act as a wholesaler; or
            (v)    act as a storage warehouse; or
        (2)    a license issued by the clerk under § 16–205(b) of this subtitle to act as a retailer.
    (c)    “Licensed manufacturer” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a manufacturer.
    (d)    “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of this subtitle to act as a retailer.
    (e)    “Licensed storage warehouse” means a facility licensed by the Executive Director under § 16–205(a) of this subtitle to act as a storage warehouse.
    (f)    “Licensed subwholesaler” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a subwholesaler.
    (g)    “Licensed vending machine operator” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a vending machine operator.
    (h)    “Licensed wholesaler” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a wholesaler.
    (i)    “Manufacturer” means a person who:
        (1)    (i)    operates one or more cigarette manufacturing plants; or
            (ii)    is a participating manufacturer; and
        (2)    (i)    sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland;
            (ii)    sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland;
            (iii)    unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample cigarettes to consumers located in Maryland; or
            (iv)    stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state.
    (j)    “Participating manufacturer” has the meaning stated in § 16–501 of this title.
    (k)    “Retailer” means a person who:
        (1)    sells cigarettes to consumers through vending machines on fewer than 40 premises;
        (2)    otherwise sells cigarettes to consumers; or
        (3)    holds cigarettes for sale to consumers.
    (l)    “Stamped cigarettes” means a package of cigarettes to which tobacco tax stamps are affixed in the amount and manner required by § 12–304 of the Tax – General Article.
    (m)    “Storage warehouse” means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.
    (n)    (1)    “Subwholesaler” means a person who:
            (i)    holds stamped cigarettes for sale to another person for resale; or
            (ii)    sells stamped cigarettes to another person for resale.
        (2)    “Subwholesaler” does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale.
    (o)    “Unstamped cigarettes” means a package of cigarettes to which tobacco tax stamps are not affixed in the amount and manner required by § 12–304 of the Tax – General Article.
    (p)    “Vending machine operator” means a person who:
        (1)    holds cigarettes for sale to consumers through vending machines on 40 or more premises; or
        (2)    sells cigarettes to consumers through vending machines on 40 or more premises.
    (q)    “Wholesaler” means a person who:
        (1)    holds cigarettes for sale to another person for resale; or
        (2)    sells cigarettes to another person for resale.