(a) Unless authorized by a license, a person may not accept delivery of unstamped cigarettes.
(b) On receipt of a package of cigarettes, a retailer, subwholesaler, or vending machine operator immediately shall:
(1) examine the package to find out whether tobacco tax stamps are affixed properly to the package as required by § 12-304 of the Tax - General Article; and
(2) reject any unstamped or improperly stamped cigarettes by:
(i) returning them to the seller or consignor; or
(ii) delivering them to a common carrier for return to the seller or consignor.
(c) (1) There is a presumption that any unstamped cigarettes in the possession of a retailer, subwholesaler, vending machine operator, or wholesaler are held in violation of this subtitle.
(2) A retailer, subwholesaler, vending machine operator, or wholesaler who holds unstamped cigarettes has the burden to prove that the cigarettes are not held in violation of this subtitle.
Structure Maryland Statutes
Subtitle 2 - Cigarette Business Licenses
Section 16-202 - Cigarette Business License Required; Exception; Multiple Licenses
Section 16-203 - Qualifications of Applicants
Section 16-204 - Applications for Licenses; Fees
Section 16-205 - Issuance of Licenses
Section 16-206 - Scope of Licenses
Section 16-207 - Term and Renewal of Licenses
Section 16-208 - Assignment, Transfer, and Surrender of Licenses
Section 16-209 - License Display; Cigarette Display and Vending Machine Label Requirements
Section 16-210 - Denials, Reprimands, Suspensions, and Revocations -- Grounds
Section 16-211 - Denials, Reprimands, Suspensions, and Revocations -- Hearings
Section 16-212 - Period and Notice of Disciplinary Action; Revocation
Section 16-213 - Judicial Review
Section 16-214 - Doing Business Without License
Section 16-215 - Accepting Delivery of Unstamped Cigarettes Prohibited
Section 16-216 - Distribution and Intended Use of Cigarette Business License Fees
Section 16-218 - Records of Subwholesaler and Wholesaler
Section 16-219 - Records by Transporter
Section 16-220 - Sealing Vending Machines
Section 16-221 - Removing or Tampering With Vending Machine Seal Prohibited
Section 16-222 - Shipping, Importing, or Selling of Cigarettes Into State
Section 16-223 - Direct Sales and Shipping of Cigarettes Ordered by Mail or Other Means