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<regulation prefix="Regulation" num=".09" citation="COMAR 14.23.01.09" title_num="14" subtitle_num="23" chapter_num="01" heading="Samples of Alcoholic Beverages.">
  <paragraph num="A.">
    <text>Except as provided in §E(6) of this regulation, samples of alcoholic beverages provided under this regulation shall be tax paid at the same rate and in the same manner as required by the Tax-General Article, Title 5, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Permitted Samples.</text>
    <paragraph num="(1)">
      <text>A licensed wholesaler may furnish samples or draw from sample accounts for the following purposes:</text>
      <paragraph num="(a)">
        <text>To provide a sample of an alcoholic beverage to a licensed retailer;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To donate alcoholic beverages to a bona fide charitable organization, nonprofit organization, or alcoholic beverage trade association;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>To provide sample alcoholic beverages to bona fide alcoholic beverage experts; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>To provide alcoholic beverages to officers, officials, and employees of licensed wholesalers for personal and business use.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A supplier may furnish to a licensed wholesaler up to one case of an alcoholic beverage that is not a product available in the State for evaluation purposes and not for distribution or sampling to licensed retailers.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A nonresident winery permit holder may furnish samples or draw from sample accounts to provide a sample of an alcoholic beverage to a licensed retailer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Samples to Licensed Retailers.</text>
    <paragraph num="(1)">
      <text>A sample of an alcoholic beverage not stocked or sampled by a licensed retailer during the immediately preceding 12 months may be furnished by a wholesaler representative, supplier representative, or nonresident winery representative when:</text>
      <paragraph num="(a)">
        <text>The sample is not in excess of one 200-milliliter container; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the alcoholic beverage is not available in a 200-milliliter container or smaller, then the sample is in one container of the next larger size.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensed wholesaler, supplier representative, or nonresident winery representative shall sign out all samples from the licensed wholesaler's inventory or nonresident winery permit holder's inventory in a manner approved by the Executive Director.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A representative of the licensed retailer shall sign a receipt for each sample provided.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensed wholesaler, supplier representative, or nonresident winery representative shall account for all samples withdrawn from the licensed wholesaler's inventory or nonresident winery permit holder's inventory within 30 days of sign out by returning to the licensed wholesaler or nonresident winery permit holder:</text>
      <paragraph num="(a)">
        <text>Completed retailer receipts; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unused samples.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A licensed wholesaler, supplier, or nonresident winery permit holder who does not comply with the provisions of this section may be prohibited from drawing future samples for distribution under this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Samples to Bona Fide Charitable Organizations, Nonprofit Organizations, or Alcoholic Beverage Trade Associations.</text>
    <paragraph num="(1)">
      <text>A licensed wholesaler may donate sample alcoholic beverages for use at a bona fide event or function if a temporary or permanent retail license has not been issued or is not required for the event or function.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Alcoholic beverages supplied may not exceed what is reasonably expected to be used for the specific event or function.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An officer or official of the charitable organization, nonprofit organization, or alcoholic beverage trade association shall submit a written request to the licensed wholesaler for the product setting forth the particulars of the event and certifying compliance with §D(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A representative of the charitable organization, nonprofit organization, or alcoholic beverage trade association shall sign a receipt for all sample alcoholic beverages received.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Samples to Alcoholic Beverage Experts.</text>
    <paragraph num="(1)">
      <text>A licensed wholesaler may provide samples to unlicensed individuals who are recognized for their contributions as alcoholic beverage writers in trade publications, newspapers, magazines, and other publications.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Before an individual may qualify as an expert under this section, the individual shall submit credentials to, and be approved by, the Executive Director.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Samples provided by a licensed wholesaler to an expert are for the express purposes of evaluation and analysis and are not for general distribution or consumption. Any samples received and not used for this purpose shall be destroyed.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensed wholesaler may directly provide samples to experts under the following conditions:</text>
      <paragraph num="(a)">
        <text>The expert signs a receipt for the product; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not more than three bottles of each brand is provided.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>An expert may pick up samples at the premises of the licensed wholesaler, or the licensed wholesaler may deliver them to another location, including a licensed retail premises, for subsequent pickup if proper records are maintained.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Instead of receiving tax paid samples through a licensed wholesaler, an alcoholic beverage expert may receive tax-free products from legitimate out-of-State sources if the alcoholic beverage expert has applied for, and received from the Executive Director, a non-beverage permit.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Samples provided under this section need not originate from a licensed nonresident dealer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Samples to Officers, Officials, and Employees.</text>
    <paragraph num="(1)">
      <text>An individual wholesale licensee may authorize bona fide company officers, officials, and employees to draw samples for personal and business use and not for sale.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Executive Director may limit the number of samples drawn under this section if the samples are believed to be excessive or improperly used.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The Executive Director may require a written request for samples of beer, wine, or distilled spirits before delivery under this regulation.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Records and Reports.</text>
    <paragraph num="(1)">
      <text>A summary of samples of beer, wine, and distilled spirits distributed during the previous month shall be filed on forms provided by the Comptroller and submitted with the monthly alcoholic beverage tax return to the Comptroller with a copy of the Executive Director.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensed wholesaler or nonresident winery permit holder shall maintain accurate records to support monthly sample reports which shall be available for inspection.</text>
    </paragraph>
  </paragraph>
</regulation>