1. A. In General.

   1. (1) A third party, acting on behalf of a licensed supplier or licensed wholesaler, may not engage in a promotional activity that would not be approved if it were submitted by the licensed supplier or wholesaler.
   2. (2) A supplier, licensed wholesaler, or third party may not use a charitable or nonprofit organization, a person or entity affiliated with or related to a licensee, or another third party, as a surrogate to circumvent the alcoholic beverage statutes or regulations.
   3. (3) A charitable group may engage in independent fund-raising activities on licensed retail premises.
   4. (4) A charitable group may receive a legitimate, non-product donation from a supplier or licensed wholesaler when the charitable group does not possess a retail license.
   5. (5) A representative of a third party who engages in an approved alcoholic beverage promotional activity on behalf of a supplier or licensed wholesaler shall obtain a Maryland solicitor's permit in accordance with COMAR 14.23.01.07.

2. B. Requests for Approval.

   1. (1) Information pertaining to promotional activities involving the direct or indirect involvement of a supplier or licensed wholesaler shall be submitted in accordance with Regulation .12 of this chapter.

   2. (2) When a third party is used to submit a proposal on behalf of the licensee, the proposal shall be accompanied by a letter signed by the licensee or, in the case of a corporation, by a corporate officer of the licensee indicating the licensee's:

      1. (a) Designation of the relationship of the third party; and
      2. (b) Acceptance of full responsibility for all activities of the third party while acting on behalf of the licensee.

Authority: Alcoholic Beverages Article, §§1-201, 1-302, 1-311, 1-312, 1-313, 1-318, 1-319, 1-401, 1-408, 1-409, 2-214, 2-216, 2-217, 2-218, 2-313, 2-315,
2-316, 2-317, 3-501, 3-507, 6-202, 6-311, 6-319, 6-327, and 6-328, Annotated Code of Maryland

Effective date:

Transferred from COMAR 03.02.05 to COMAR 14.23.04 effective December 26, 2022 (49:26 Md. R. 1080)

Regulation .01B amended effective April 13, 2026 (53:7 Md. R. 328)

Regulation .10A, F amended effective April 13, 2026 (53:7 Md. R. 328)

Regulation .12B amended effective April 13, 2026 (53:7 Md. R. 328)