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

2. (b) “License” means:

   1. (1) a license issued by the Executive Director under § 16-205(a) of this subtitle to:

      1. (i) act as a manufacturer;
      2. (ii) act as a subwholesaler;
      3. (iii) act as a vending machine operator;
      4. (iv) act as a wholesaler; or
      5. (v) act as a storage warehouse; or
   2. (2) a license issued by the clerk under § 16-205(b) of this subtitle to act as a retailer.
3. (c) “Licensed manufacturer” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a manufacturer.
4. (d) “Licensed retailer” means a person licensed by the clerk under § 16-205(b) of this subtitle to act as a retailer.
5. (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.
6. (f) “Licensed subwholesaler” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a subwholesaler.
7. (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.
8. (h) “Licensed wholesaler” means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a wholesaler.

9. (i) “Manufacturer” means a person who:

   1. (1)

      1. (i) operates one or more cigarette manufacturing plants; or
      2. (ii) is a participating manufacturer; and

   2. (2)

      1. (i) sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland;
      2. (ii) sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland;
      3. (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
      4. (iv) stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state.
10. (j) “Participating manufacturer” has the meaning stated in § 16-501 of this title.

11. (k) “Retailer” means a person who:

    1. (1) sells cigarettes to consumers through vending machines on fewer than 40 premises;
    2. (2) otherwise sells cigarettes to consumers; or
    3. (3) holds cigarettes for sale to consumers.
12. (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.
13. (m) “Storage warehouse” means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.

14. (n)

    1. (1) “Subwholesaler” means a person who:

       1. (i) holds stamped cigarettes for sale to another person for resale; or
       2. (ii) sells stamped cigarettes to another person for resale.
    2. (2) “Subwholesaler” does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale.
15. (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.

16. (p) “Vending machine operator” means a person who:

    1. (1) holds cigarettes for sale to consumers through vending machines on 40 or more premises; or
    2. (2) sells cigarettes to consumers through vending machines on 40 or more premises.

17. (q) “Wholesaler” means a person who:

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

Added by Acts 1992, c. 4, § 2. Amended by Acts 1994, c. 464, § 1, eff. Oct. 1, 1994; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2009, c. 347, § 1, eff. Oct. 1, 2009; Acts 2019, c. 12, § 1, eff. Jan. 1, 2021; Acts 2024, c. 462, § 1, eff. Oct. 1, 2024.

Formerly Art. 56, § 610.