# Subtitle 3 – Distribution of Samples and Coupons

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 12-301 Definitions.

Balt., Md., Code § 12-301 (2026)

(a) In this subtitle, the following terms have the meanings indicated.

(b) “Distribute” means to:

  (1) give, sell, deliver, or offer to give, sell, or deliver; or

  (2) cause or hire any person to give, sell, deliver, or offer to give, sell, or deliver.

(c) “Less than basic cost” means:

  (1) free of charge;

  (2) for a nominal or discount price; or

  (3) for any other price that is less than the distributor’s cost plus any applicable tobacco taxes.

(d)

  (1) “Public place” means any area, whether open or enclosed, to which members of the public are normally invited or permitted.

  (2) “Public place” includes parks, streets, sidewalks, sports fields, gymnasiums, shopping centers, and any property owned, occupied, or operated by the City.

  (3) “Public place” does not include any retail store.

*History: Ord. 99-548*

## § 12-302 Exemptions.

Balt., Md., Code § 12-302 (2026)

(a) This subtitle does not apply to the distribution of a single cigarette.

(b) This subtitle does not apply anywhere in the area within and bounded by:

  (1) Centre Street on the north;

  (2) the Fallsway on the east;

  (3) Pratt Street on the south;

  (4) Paca Street on the west; and

  (5) Druid Hill Avenue on the northwest.

(c) This subtitle does not apply to a coupon that is contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication.

(d) This subtitle does not apply to the distribution of tobacco products or coupons at an event that is held in an enclosed area to which entry is not available to the general public but only to those whom the sponsor of the event invites.

(e) This subtitle does not apply to the distribution of tobacco products or coupons by a retailer, manufacturer, or distributor of tobacco products to its adult employees.

*History: Ord. 99-548*

## § 12-303 Public distribution prohibited.

Balt., Md., Code § 12-303 (2026)

(a) Except as specified in <cite data-path="|health|§12-302">§ 12-302 {“Exemptions”} of this subtitle</cite>, no person in any public place or at any public event may distribute to a member of the public any tobacco product at less than basic cost.

(b) Except as specified in <cite data-path="|health|§12-302">§ 12-302 {“Exemptions”} of this subtitle</cite>, no person in any public place or at any public event may distribute to a member of the public any coupon that is redeemable for a tobacco product to members of the public in public places, in public areas or at public events.

*History: Ord. 99-548*

## §§ 12-304 to 12-305

Balt., Md., Code § 12-304 to 12-305 (2026)

Reserved

## § 12-306 Penalties.

Balt., Md., Code § 12-306 (2026)

(a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.

(b) Each person to whom a tobacco product is distributed constitutes a separate offense.

*History: Ord. 99-548*