<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 14.23.01.03" title_num="14" subtitle_num="23" chapter_num="01" heading="Wine and Distilled Spirits Credit Control.">
  <paragraph num="A.">
    <text>Late Payments.</text>
    <paragraph num="(1)">
      <text>An invoice issued by licensed wholesalers, licensed manufacturers, or nonresident winery permit holders shall:</text>
      <paragraph num="(a)">
        <text>Accompany each delivery of wine and distilled spirits to licensed retailers;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be delivered to licensed retailers on the invoice date, or at the latest, on the next delivery date to the area in which the licensed retailer is located; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Be collected for between the date of the invoice and the applicable due date as scheduled by the Executive Director, unless collected at the time of delivery to the licensed retailer.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>All remittances for invoices shall be deposited by the licensed wholesaler, licensed manufacturer, or nonresident winery permit holder not later than the next business day.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Executive Director shall issue a release annually to all licensed wholesalers, licensed manufacturers, and nonresident winery permit holders containing the list deadline:</text>
      <paragraph num="(a)">
        <text>Purchase dates; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Due dates for payments.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensed wholesaler, licensed manufacturer, or nonresident winery permit holder shall report:</text>
      <paragraph num="(a)">
        <text>To the Executive Director those licensed retailers who do not pay an indebtedness for wine or distilled spirits on or before the established due date in the manner the Executive Director requires; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To the licensed retailer simultaneously with the report filed with the Executive Director.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The Executive Director shall issue a list to licensed wholesalers, licensed manufacturers, and nonresident winery permit holders which shall:</text>
      <paragraph num="(a)">
        <text>Contain the names and addresses of licensed retailers who have been reported to the Executive Director under §A(4) of this regulation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be issued 2 business days after the due date established by the Executive Director.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>The Executive Director is authorized to issue supplementary lists when deemed necessary.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A licensed wholesaler, licensed manufacturer, or nonresident winery permit holder may not sell to any licensed retailer whose name appears on a current or supplementary list issued by the Executive Director, except on a C.O.D. basis.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A licensed wholesaler, licensed manufacturer, or nonresident winery permit holder shall file a clearance report with the Executive Director on the day the indebtedness is paid in full by the licensed retailer.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A clearance report is not eligible for consideration in the preparation of a subsequent credit control list unless the remittance covering the licensed retailer's indebtedness has been received by the licensed wholesaler, licensed manufacturer, or nonresident winery permit holder by the closing time of the due date. These reports shall be transmitted promptly to the Executive Director.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>The Executive Director shall remove from the credit control list those licensed retailers reported by a licensed wholesaler, licensed manufacturer, or nonresident winery permit holder in cases when the postmark on the envelope that accompanies the remittance is dated at least 2 days before the applicable due date.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Postdated checks, notes, and other instruments of indebtedness do not constitute payment unless actually convertible into cash not later than the applicable due date or the date received in cases where the check is dated no later than the due date and was mailed in an envelope postmarked not less than 2 days before the applicable due date.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Immediate action shall be taken and followed through to effect the conversion into cash of a returned check given by a licensed retail dealer in payment of a C.O.D. shipment when the licensed retail dealer's name appears on a current list or supplemental list, in order to avoid extension of undue credit.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Pickup of Checks.</text>
      <paragraph num="(a)">
        <text>Representatives of the licensed wholesaler may not pick up payments from licensed retailers for invoices due for the current list.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Representatives of licensed wholesalers may pick up payments from licensed retailers who are currently on the over-30-day credit control list issued by the Executive Director.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>Duplicate Checks.</text>
      <paragraph num="(a)">
        <text>A licensed wholesaler and a nonresident winery permit holder may accept a duplicate check from a licensed retailer if an affidavit in a manner and form approved by the Executive Director and signed by the licensed retailer accompanies the duplicate check.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Executive Director may limit the number of duplicate checks allowed in a calendar year for the purpose of placing or removing a licensed retail account on the over-30-day credit control list.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>A licensed retailer shall be reported to the Executive Director for late payment when the payment is received after 5 p.m. on the due date by the licensed wholesaler, except when a good postmark accompanies the payment pursuant to §A(8) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Returned Checks.</text>
    <paragraph num="(1)">
      <text>A check received by a licensed manufacturer, licensed wholesaler, or nonresident winery permit holder which is returned by the bank unpaid is not considered remittance or payment. The amount of the check immediately shall be charged back to the account of the licensed retail dealer who was credited with it.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensed manufacturer, licensed wholesaler, or nonresident winery permit holder receiving a check from a licensed retail dealer returned by the bank unpaid, which has or may have the effect of excluding that licensed retail dealer's name from the next list, or has or may have the effect of removing a licensed retail dealer from the current list, or was in payment of a C.O.D. shipment while that licensed retail dealer's name appeared on a current list, shall immediately make a report of the check to the Executive Director.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Licensed manufacturers, licensed wholesalers, or nonresident winery permit holders may not accept other than cash in payment of a reported indebtedness or for a C.O.D. shipment from a licensed retail dealer who has within a period of 6 months given either:</text>
      <paragraph num="(a)">
        <text>A total of two or more unpaid checks to one or more licensed manufacturers, licensed wholesalers, or nonresident winery permit holders in different list periods; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Two or more unpaid checks to one licensed manufacturer, licensed wholesaler, or nonresident winery permit holder during one or more list periods, which:</text>
        <paragraph num="(i)">
          <text>Has or may have the effect of removing the licensed retail dealer from the current list,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Has or may have the effect of excluding the licensed retail dealer's name from the next list,</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Was in payment of a C.O.D. shipment while the licensed retail dealer's name appeared on a current list.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>General Provisions.</text>
    <paragraph num="(1)">
      <text>Information on each periodic list and supplements to it will remain in effect until the next list is issued.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to file correct reports to the Executive Director as provided in this regulation shall constitute a violation of Alcoholic Beverages Article, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Executive Director may also change or extend the due date with notice, under extenuating circumstances.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Reports shall be made to the Executive Director in a manner provided or approved by the Executive Director.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Cash as used in this regulation means U.S. Government coins and paper money, bank cashier checks, certified checks, postal and express money orders, checks of disinterested persons, and travelers' checks.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>In order to avoid influence over a licensed retail dealer, licensed manufacturers, licensed wholesalers, and nonresident winery permit holders are required to take definite action toward collection of accounts in arrears in excess of 90 days.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Sales on a consignment or approval basis are not permitted.</text>
    </paragraph>
  </paragraph>
</regulation>