Each license specified in this title is a wholesaler’s license that the Executive Director issues.

There is a Class 1 beer, wine, and liquor wholesaler’s license. The license authorizes the license holder to: acquire beer, wine, and liquor from: a license holder that is authorized to sell and deliver the beer, wine, and liquor to a wholesaler; and a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver beer, wine, and liquor; and sell and deliver beer, wine, and liquor from the licensed premises to: a license holder or permit holder in the State; and an authorized person outside the State. The annual license fee is $2,000. The license holder may use an additional location for the warehousing, sale, and delivery of beer, wine, and liquor: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $2,000 fee for each additional location.

There is a Class 2 wine and liquor wholesaler’s license. The license authorizes the license holder to: acquire wine and liquor from: a license holder that is authorized to sell and deliver the wine and liquor to a wholesaler; and a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver wine and liquor; and sell and deliver wine and liquor from the licensed premises to: a license holder or permit holder in the State; and an authorized person outside the State. The annual license fee is $1,750. The license holder may use an additional location for the warehousing, sale, and delivery of wine and liquor: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $1,750 fee for each additional location.

There is a Class 3 beer and wine wholesaler’s license. The license authorizes the license holder to: acquire beer and wine from: a license holder that is authorized to sell and deliver the beer and wine to a wholesaler; and a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver beer and wine; and sell and deliver beer and wine from the licensed premises to: a license holder or permit holder in the State; and an authorized person outside the State. The annual license fee is $1,500. The license holder may use an additional location for the warehousing, sale, and delivery of beer and wine: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $1,500 fee for each additional location.

There is a Class 4 beer wholesaler’s license. The license authorizes the license holder to: acquire beer from: a license holder that is authorized to sell and deliver beer to a wholesaler; and a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver beer; and sell and deliver beer from the licensed premises to: a license holder or permit holder in the State; and an authorized person outside the State. The annual license fee is $1,250. The license holder may use an additional location for the warehousing, sale, and delivery of beer: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $1,250 fee for each additional location.

There is a Class 5 wine wholesaler’s license. The license authorizes the license holder to: acquire wine from: a license holder that is authorized to sell and deliver wine to a wholesaler; and a holder of a nonresident dealer’s permit or a resident dealer’s permit that is authorized to sell and deliver wine; and sell and deliver wine from the licensed premises to: a license holder or permit holder in the State; and an authorized person outside the State. The annual license fee is $1,250. The license holder may use an additional location for the warehousing, sale, and delivery of wine: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $1,250 fee for each additional location.

There is a Class 6 limited wine wholesaler’s license. The license may be issued only to a wine manufacturer that: holds a Class 4 limited winery license; and produces not more than 35,000 gallons of its own wine annually. The license authorizes the license holder to sell and deliver its own brand of wine produced at the license holder’s premises to: a holder of a retail license that is authorized to acquire the wine; and a holder of a permit that is authorized to acquire the wine. The license holder may sell its wine to a holder of a wholesaler’s license. The annual license fee is $50. The license holder may use an additional location for the warehousing, sale, and delivery of wine: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $50 fee for each additional location.

There is a Class 7 limited beer wholesaler’s license. The license may be issued only to a person that: holds a Class 5 manufacturer’s license, a Class 7 micro–brewery license, or a Class 8 farm brewery license; and produces in the aggregate from all of its locations not more than 45,000 barrels of beer annually. The license authorizes the license holder to: sell and deliver its own beer produced at the license holder’s premises to: a holder of a retail license that is authorized to acquire beer from a wholesaler; and a holder of a permit that is authorized to acquire beer from a wholesaler; and distribute not more than 5,000 barrels of its own beer annually. The annual license fee is $50. The license holder may use an additional location for the warehousing, sale, and delivery of beer: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $50 fee for each additional location.

There is a Class 8 liquor wholesaler’s license. The license may be issued only to a person that: holds a: Class 1 distillery license; or Class 9 limited distillery license; and produces in the aggregate from all of its locations not more than 100,000 gallons of liquor annually. The license authorizes the license holder to: sell and deliver its own liquor produced at the license holder’s premises to: a holder of a retail license that is authorized to acquire liquor from a wholesaler; and a holder of a permit that is authorized to acquire liquor from a wholesaler; and distribute not more than 27,500 gallons of its own liquor annually. The annual license fee is $100. The license holder may use an additional location for the warehousing, sale, and delivery of liquor: if approved by the Executive Director following submission of a separate application for each location; and on the payment of a $100 fee for each additional location.

Subject to § 2–310 of this subtitle, the sale and delivery of beer or wine from a vehicle under the exclusive control of a holder of a wholesaler’s license constitutes sale and delivery from the wholesaler’s licensed premises if the beer or wine is: beer previously purchased by and delivered to the holder of the wholesaler’s license; or wine or a wine–based beverage with an alcohol content of 6.5% or less by volume.

This section does not apply to a holder of a nonresident winery permit. Before a holder of a wholesaler’s license may sell and deliver alcoholic beverages acquired by the wholesaler to a holder of a retail license, the alcoholic beverages shall come to rest on the licensed premises of the wholesaler.

The holder of a Class 1, Class 2, or Class 3 wholesaler’s license may obtain more than one such license if separate records are kept. The holder of a rectifying or winery license may apply for and obtain a wholesaler’s license of any class for the same premises or elsewhere as provided under this article. The holder of a Class 4 limited winery license may apply for and obtain a Class 6 limited wine wholesaler’s license for the same premises or elsewhere as provided under this article. The holder of a Class 5 manufacturer’s license or Class 7 micro–brewery license may apply for and obtain a Class 7 limited beer wholesaler’s license in accordance with this paragraph. A holder of a Class 5 manufacturer’s license that was selling the holder’s own beer at wholesale in the State as of January 1, 2013, may obtain a Class 7 limited beer wholesaler’s license to continue to sell the holder’s own beer at wholesale in the same location in an amount that is not more than 5,000 barrels annually. A holder of a Class 5 manufacturer’s license that produces in aggregate from all its locations not more than 45,000 barrels of beer annually may obtain a Class 7 limited beer wholesaler’s license and distribute not more than 5,000 barrels of its own beer annually. A holder of one or two Class 7 micro–brewery licenses that produces in aggregate from all of its locations not more than 45,000 barrels of beer annually may obtain a Class 7 limited beer wholesaler’s license and distribute beer that: totals annually not more than 5,000 barrels in aggregate from all of its locations; and has been brewed at the location from where it is distributed. A holder of a Class 9 limited distillery license may apply for and obtain a Class 8 liquor wholesaler’s license, for the same premises or elsewhere as provided under this article, and distribute its own liquor.

Subject to subsection (b) of this section, a holder of a wholesaler’s license may directly import alcoholic beverages of the type indicated on the license from outside the continental limits and possessions of the United States if the brand owner provides notice to the Executive Director of the license holder’s jurisdiction and authority to sell the alcoholic beverages. A holder of a wholesaler’s license that imports alcoholic beverages from outside the continental limits and possessions of the United States must: be the brand owner; or purchase the alcoholic beverages: directly from the brand owner or the authorized agent of the brand owner; or from the authorized United States importer.

Subject to subsection (b) of this section, a holder of a wholesaler’s license may not sell or deliver alcoholic beverages to a person in the State that does not hold a license or permit under this article. This section does not prohibit a holder of a Class 4 limited winery license and a Class 6 limited wine wholesaler’s license from also holding a Class A light wine license or a Class A wine license issued under Division II of this article.

A holder of a wholesaler’s license may not sell beer to a retail dealer on terms other than for cash on delivery. A suit or civil action to enforce or collect a claim for credit extended or enforce payment of a check given for payment in violation of this section may not be maintained in the State. A person that violates this section is subject to the penalties provided in § 6–402 of this article.

In this section the following words have the meanings indicated. “Advertisement” includes a graphic or nongraphic sign, display, poster, and placard. “Wholesaling entity” means: a holder of a wholesaler’s license or a person connected with the business of the holder; or a nonresident dealer or resident dealer of alcoholic beverages. Except as provided in paragraph (2) of this subsection, a wholesaling entity may not have a financial interest in: the premises on or in which a license holder sells alcoholic beverages at retail; or a business that a license holder conducts. A holder of a Class 6 limited wine wholesaler’s license may have a financial interest in not more than one Class A licensed premises. A wholesaling entity may not lend money or any other thing of value, make a gift, or offer a gratuity to a retail dealer. A retail dealer may not accept, receive, or make use of money, a gift, or an advertisement provided by a wholesaling entity or become indebted to a wholesaling entity except for the purchase of alcoholic beverages and allied products purchased for resale. A wholesaling entity other than a wholesaler of beer and malt beverages may not provide an advertisement to a retail dealer. This subsection applies only to brewed products. Subject to subparagraph (iii) of this paragraph, a nonresident dealer, resident dealer, or beer wholesaler may not provide to a retail license holder an advertisement that: is worth more than $150; and advertises the beer or malt products of a particular brewer, nonresident dealer, resident dealer, or beer wholesaler. An advertisement provided in accordance with this subsection shall contain brand information that is prominent, permanent, and equal to the life and value of the utilitarian character of the advertising item. An advertisement that is manufactured by a beer wholesaler and provided to the holder of a retail license may not be worth more than $50 to the holder of the retail license where the advertisement advertises the beer or malt products of the beer wholesaler. This subsection applies only to wine and liquor. An advertisement for use in windows or elsewhere on a retail liquor establishment may be given to a retailer by a brand owner who is engaged in the business of a manufacturing entity if: the utilitarian value is secondary and only incidental to the value as an advertisement; the total value of an item provided by a brand owner for each of its individual brands for use in any one retail establishment at any one time is not more than $150 for each individual brand; and the cost of installing these materials does not exceed the usual cost in the locality. In lieu of premanufactured advertising material, materials and labor may be provided by a brand owner for the custom manufacture of an advertising display that: is worth not more than $150; is temporary; and has no other utilitarian value. A nonresident dealer, resident dealer, or brand owner may not undertake a plan that directly or indirectly results in the purchase of advertising materials, supplies, or services by a holder of a wholesaler’s license or retail license holder. A holder of a wholesaler’s license or retail license holder may not participate directly or indirectly in a transaction in which the license holder pays for or shares the cost for any of the advertising materials, supplies, services, or mailing expenses used to promote a brand owner’s products. This subsection does not prevent a holder of a wholesaler’s license from providing brand owners with display materials and installation services at charges computed at not less than the fair market value for these services.

The purpose of this section is to eliminate the undue stimulation of the sale of alcoholic beverages and the practice of wholesalers granting secret discounts, rebates, allowances, free goods, or other inducements to selected license holders that contribute to a disorderly distribution of alcoholic beverages. A licensed wholesaler, resident dealer, or nonresident winery permit holder may not discriminate directly or indirectly in price, discounts, or the quality of merchandise sold between: one dispensary and another dispensary; one wholesaler and another wholesaler; or one retailer and another retailer that purchases alcoholic beverages that bear the same brand and trade name, and are similar in age and quality. A nonresident dealer, resident dealer, nonresident winery permit holder, or nonresident unlicensed manufacturer may not use or promote the use of a practice prohibited under paragraph (1) of this subsection to sell or distribute alcoholic beverages to or through a licensed manufacturer, licensed wholesaler, or county dispensary. A supplier, nonresident dealer, resident dealer, nonresident winery permit holder, or wholesaler may not make a discount, rebate, or depletion allowance that is offered on a product dependent on the pricing policy or practice of the license holder who is invoiced for the product. This section does not restrict a wholesaler, nonresident dealer, resident dealer, or nonresident winery permit holder from limiting the quantity of alcoholic beverages to be sold to a license holder under a voluntary or compulsory rationing plan. A wholesaler, nonresident dealer, resident dealer, or nonresident winery permit holder is not required to sell to all license holders from whom orders are received.

A holder of a wholesaler’s license may not enter into an agreement with a retail dealer that limits the purchases or sales of the retail dealer to the products of any producer.