§ 16-206. Scope of licenses

   (a) Manufacturer license. -- A manufacturer license authorizes the licensee to:

   (1) sell unstamped cigarettes to:

      (i) a licensed cigarette wholesaler located in Maryland; and

      (ii) a licensed cigarette wholesaler located outside of Maryland if the unstamped cigarettes may lawfully be sold in Maryland;

   (2) except as otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distribute sample cigarettes to consumers located in Maryland;

   (3) store unstamped cigarettes in a licensed cigarette storage warehouse for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state; and

   (4) upon approval of the Comptroller, act as an agent of a Maryland licensed wholesaler for stamping and distribution of cigarettes.

(b) Retailer license. -- A retailer license authorizes the licensee to:

   (1) act as a retailer; and

   (2) buy stamped cigarettes from a subwholesaler or wholesaler.

(c) Storage warehouse license. --

   (1) A storage warehouse license authorizes the licensee to operate a storage facility in Maryland for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.

   (2) If a storage warehouse licensee is a licensed cigarette wholesaler or licensed cigarette subwholesaler, the storage warehouse license authorizes the holder to store stamped cigarettes and cigarettes with another state's tax stamp.

(d) Subwholesaler license. -- A subwholesaler license authorizes the licensee to:

   (1) act as a subwholesaler;

   (2) buy stamped cigarettes from a wholesaler or another subwholesaler; and

   (3) store stamped cigarettes and cigarettes with another state's tax stamp at a licensed cigarette storage facility.

(e) Vending machine operator license. -- A vending machine operator license authorizes the licensee to:

   (1) act as a vending machine operator; and

   (2) buy stamped cigarettes from a subwholesaler or wholesaler.

(f) Wholesaler license. -- A wholesaler license authorizes the licensee to:

   (1) act as a wholesaler;

   (2) buy unstamped cigarettes directly from a cigarette manufacturer;

   (3) hold unstamped cigarettes;

   (4) buy tobacco tax stamps as authorized by § 12-303 of the Tax - General Article;

   (5) transport unstamped cigarettes in the State;

   (6) sell unstamped cigarettes to another licensed wholesaler if the Comptroller specifically authorizes;

   (7) upon approval of the Comptroller, designate a licensed manufacturer to act as its agent for the stamping and distribution of cigarettes; and

   (8) store stamped cigarettes and cigarettes with another state's tax stamp at a licensed cigarette storage facility.

HISTORY: An. Code 1957, art. 56, § 610, 614; 1992, ch. 4, § 2; 1994, ch. 464; 1997, ch. 704; 2002, ch. 213, § 6; 2005, ch. 112; 2009, ch. 347.