# Business Regulation (GBR)

## Title 16. Cigarettes

### Subtitle 2. Cigarette Business Licenses

#### Section 16-201

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

(b) "License" means:

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

    (i) act as a manufacturer;

    (ii) act as a subwholesaler;

    (iii) act as a vending machine operator;

    (iv) act as a wholesaler; or

    (v) act as a storage warehouse; or

  (2) a license issued by the clerk under Sec. 16-205(b) of this subtitle to act as a retailer.

(c) "Licensed manufacturer" means a person licensed by the Executive Director under Sec. 16-205(a) of this subtitle to act as a manufacturer.

(d) "Licensed retailer" means a person licensed by the clerk under Sec. 16-205(b) of this subtitle to act as a retailer.

(e) "Licensed storage warehouse" means a facility licensed by the Executive Director under Sec. 16-205(a) of this subtitle to act as a storage warehouse.

(f) "Licensed subwholesaler" means a person licensed by the Executive Director under Sec. 16-205(a) of this subtitle to act as a subwholesaler.

(g) "Licensed vending machine operator" means a person licensed by the Executive Director under Sec. 16-205(a) of this subtitle to act as a vending machine operator.

(h) "Licensed wholesaler" means a person licensed by the Executive Director under Sec. 16-205(a) of this subtitle to act as a wholesaler.

(i) "Manufacturer" means a person who:

  (1)

    (i) operates one or more cigarette manufacturing plants; or

    (ii) is a participating manufacturer; and

  (2)

    (i) sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland;

    (ii) sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland;

    (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

    (iv) stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state.

(j) "Participating manufacturer" has the meaning stated in Sec. 16-501 of this title.

(k) "Retailer" means a person who:

  (1) sells cigarettes to consumers through vending machines on fewer than 40 premises;

  (2) otherwise sells cigarettes to consumers; or

  (3) holds cigarettes for sale to consumers.

(l) "Stamped cigarettes" means a package of cigarettes to which tobacco tax stamps are affixed in the amount and manner required by Sec. 12-304 of the Tax - General Article.

(m) "Storage warehouse" means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.

(n)

  (1) "Subwholesaler" means a person who:

    (i) holds stamped cigarettes for sale to another person for resale; or

    (ii) sells stamped cigarettes to another person for resale.

  (2) "Subwholesaler" does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale.

(o) "Unstamped cigarettes" means a package of cigarettes to which tobacco tax stamps are not affixed in the amount and manner required by Sec. 12-304 of the Tax - General Article.

(p) "Vending machine operator" means a person who:

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

  (2) sells cigarettes to consumers through vending machines on 40 or more premises.

(q) "Wholesaler" means a person who:

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

  (2) sells cigarettes to another person for resale.

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Md. Code Ann., Bus. Reg. (as displayed at mgaleg.maryland.gov, October 16, 2026)