Maryland Code, ALCOHOLIC BEVERAGES AND CANNABIS 33-306
Terms Used In Maryland Code, ALCOHOLIC BEVERAGES AND CANNABIS 33-306
- Contract: A legal written agreement that becomes binding when signed.
- County: means a county of the State or Baltimore City. See
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Personal property: All property that is not real property.
(1) purchase from a holder of a wholesaler’s license or manufacturer’s license alcoholic beverages that the Department is authorized to sell and on which the excise tax imposed by § 5-102 of the Tax – General Article is paid;
(2) (i) purchase from a holder of a resident or nonresident dealer’s permit and import for resale alcoholic beverages that the Department is authorized to sell; and
(ii) resell the alcoholic beverages once the excise tax is paid;
(3) sell alcoholic beverages in sealed containers at prices that the Department determines and that are uniform in all dispensaries;
(4) refuse to sell alcoholic beverages to a person that, in the judgment of the Department, is not suitable to purchase or consume the alcoholic beverages;
(5) restrict by any method the quantity of alcoholic beverages that may be sold to an individual consumer or license holder at or during any time;
(6) enter into a contract or adopt regulations necessary or desirable to carry out this article;
(7) sell and ship outside of the county a container or package of alcoholic beverages kept for sale in a dispensary, if not prohibited by law in the place where the shipment is consigned;
(8) subject to the approval of the county, rent, lease, or purchase premises necessary for the operation of the dispensaries; and
(9) subject to § 33-307(d) of this subtitle, establish the hours of sale for dispensaries, outside of which a dispensary may not remain open.
(b) (1) Subject to § 1-309 of this article and the approval of the County Commissioners, the Director of the Department may purchase or otherwise acquire:
(i) real or personal property that the Director considers necessary to operate dispensaries, stores, or warehouses; and
(ii) subject to paragraph (2) of this subsection, wine and liquor from any source for resale.
(2) (i) 1. Acting as a wholesaler, the Department may purchase wine and liquor, on which the excise tax has not been paid, from a licensed wholesaler.
2. The Department may only resell the wine and liquor purchased under this subparagraph to a nondispensary, licensed retailer and only after the excise tax has been paid.
(ii) Acting as a retailer, the Department may purchase wine and liquor, on which the excise tax has been paid, from a licensed wholesaler for retail sale in dispensary stores.
§33-306. ** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
(a) Subject to § 1-319 of this article, the Department may:
(1) purchase from a holder of a wholesaler’s license or manufacturer’s license alcoholic beverages that the Department is authorized to sell and on which the excise tax imposed by § 5-102 of the Tax – General Article is paid;
(2) (i) purchase from a holder of a resident or nonresident dealer’s permit and import for resale alcoholic beverages that the Department is authorized to sell; and
(ii) resell the alcoholic beverages once the excise tax is paid;
(3) sell alcoholic beverages in sealed containers at prices that the Department determines and that are uniform in all dispensaries;
(4) refuse to sell alcoholic beverages to a person that, in the judgment of the Department, is not suitable to purchase or consume the alcoholic beverages;
(5) restrict by any method the quantity of alcoholic beverages that may be sold to an individual consumer or license holder at or during any time;
(6) enter into a contract or adopt regulations necessary or desirable to carry out this article;
(7) sell and ship outside of the county a container or package of alcoholic beverages kept for sale in a dispensary, if not prohibited by law in the place where the shipment is consigned;
(8) subject to the approval of the county, rent, lease, or purchase premises necessary for the operation of the dispensaries; and
(9) subject to § 33-307(d) of this subtitle, establish the hours of sale for dispensaries, outside of which a dispensary may not remain open.
(b) (1) Subject to § 1-309 of this article and the approval of the County Commissioners, the Director of the Department may purchase or otherwise acquire:
(i) real or personal property that the Director considers necessary to operate dispensaries, stores, or warehouses; and
(ii) subject to paragraph (2) of this subsection, wine and liquor from any source for resale.
(2) (i) 1. Acting as a wholesaler, the Department may purchase wine and liquor, on which the excise tax has not been paid, from a licensed wholesaler.
2. The Department may only resell the wine and liquor purchased under this subparagraph to a nondispensary, licensed retailer and only after the excise tax has been paid.
(ii) Acting as a retailer, the Department may purchase wine and liquor, on which the excise tax has been paid, from a licensed wholesaler for retail sale in dispensary stores.