§ 16-201. Definitions

   (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) License. -- "License" means:

   (1) a license issued by the Comptroller 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. -- "Licensed manufacturer" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a manufacturer.

(d) Licensed retailer. -- "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. -- "Licensed storage warehouse" means a facility licensed by the Comptroller under § 16-205(a) of this subtitle to act as a storage warehouse.

(f) Licensed subwholesaler. -- "Licensed subwholesaler" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a subwholesaler.

(g) Licensed vending machine operator. -- "Licensed vending machine operator" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a vending machine operator.

(h) Licensed wholesaler. -- "Licensed wholesaler" means a person licensed by the Comptroller under § 16-205(a) of this subtitle to act as a wholesaler.

(i) Manufacturer. -- "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. -- "Participating manufacturer" has the meaning stated in § 16-501 of this title.

(k) Retailer. -- "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. -- "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. -- "Storage warehouse" means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.

(n) Subwholesaler. --

   (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. -- "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. -- "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. -- "Wholesaler" means a person who:

   (1) holds cigarettes for sale to another person for resale; or

   (2) sells cigarettes to another person for resale.

HISTORY: An. Code 1957, art. 56, § 610; 1992, ch. 4, § 2; 1994, ch. 464; 2002, ch. 213, § 6; 2004, ch. 25, § 6; 2009, ch. 347.