Md. Code Ann., Alco. Bev. & Cannabis § 1-310
Redline — January 1, 2020 → current.View current text →
Current — January 1, 2024
As of January 1, 2020
The Executive Director and all employees in the Office of the Executive Director may not accept a contribution of money or property worth at least $100 from an entity or individual associated with the alcohol or tobacco industries with respect to regulation of alcohol or tobacco.
The Executive Director and all employees in the Office of the Executive Director may not accept a contribution of money or property worth at least $100 from an entity or individual associated with the alcohol, tobacco, or cannabis industries with respect to regulation of alcohol, tobacco, or cannabis.
§1–311. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
(a) The Executive Director shall adopt regulations to discharge the duties under:
(1) this article; and
(2) Titles 16, 16.5, and 16.7 of the Business Regulation Article.
(b) The Executive Director may adopt regulations regarding:
(1) labeling and advertising similar to the regulations adopted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury;
(2) nature, form, and capacity of containers;
(3) credit sales;
(4) records to be kept by license holders and others engaged in the business;
(5) the amount of deposit on returnable beer containers that manufacturers and wholesalers of beer charge and collect; and
(6) any other subject the Executive Director considers necessary for the proper administration of the duties of the Executive Director under this article, Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article, or the provisions of the Tax – General Article relating to the alcoholic beverage tax.
(c) (1) Any violation of a regulation adopted by the Executive Director under this article, Title 16, Title 16.5, or Title 16.7 of the Business Regulation Article, or the provisions of the Tax – General Article relating to the alcoholic beverage tax is grounds to revoke or suspend a license.
(2) The violator is subject to the penalties provided under § 6–402(a) of this article.
§1–312. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
By regulation, the Executive Director may:
(1) establish or prohibit the maximum discounts that may be allowed by a manufacturer, wholesaler, or nonresident winery permit holder in the sale and distribution of wine and liquor; or
(2) prohibit the giving of discounts by a manufacturer, wholesaler, or nonresident winery permit holder in the sale and distribution of wine and liquor.
§1–313. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
(a) There is a Field Enforcement Division in the Office of the Executive Director.
(b) (1) The Field Enforcement Division may employ officers and employees as provided in the State budget.
(2) The officers and employees of the Field Enforcement Division:
(i) shall be sworn police officers;
(ii) shall have the powers, duties, and responsibilities of peace officers to enforce the provisions of this article relating to:
1. the unlawful importation of alcoholic beverages into the State;
2. the unlawful manufacture of alcoholic beverages in the State;
3. the transportation and distribution throughout the State of alcoholic beverages that are manufactured illegally and on which any alcoholic beverages taxes imposed by the State are due and unpaid; and
4. the manufacture, sale, barter, transportation, distribution, or other form of owning, handling, or dispersing alcoholic beverages by any person not licensed or authorized under this article or provisions of the Tax – General Article relating to alcoholic beverages; and
(iii) may make cooperative arrangements for and work and cooperate with local State’s Attorneys, sheriffs, bailiffs, police, and other prosecuting and peace officers to enforce this article.
(c) The Field Enforcement Division:
(1) shall consult with and advise the local State’s Attorneys and other law enforcement officials and police officers regarding enforcement problems in their respective jurisdictions; and
(2) may recommend changes to improve the administration of this article and provisions of the Tax – General Article relating to alcoholic beverages.
§1–314. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
The Executive Director may delegate authority under this article and provisions of the Tax – General Article relating to alcoholic beverages to the Division director to issue or refuse to issue licenses and permits.
§1–315. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
(a) Except as provided in subsection (b) of this section, the Executive Director may delegate authority to conduct hearings on violations of this article or of any regulations adopted under this article or the provisions of the Tax – General Article relating to alcoholic beverages to the Division director or any other employee of the Executive Director’s office.
(b) The Division director or any other employee of the Executive Director’s office delegated authority to conduct hearings under subsection (a) of this section:
(1) may not impose a penalty provided for under this article or a provision of the Tax – General Article relating to alcoholic beverages; and
(2) shall report the findings and recommendations to the Executive Director to take the action that the Executive Director considers appropriate.
§1–316. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
To provide a basis for annual comparison of the scope of the alcoholic beverages industry in the State and the consumption habits of residents of the State, the Executive Director shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly, an annual report on or before December 1 of each year that includes statistical information on the alcoholic beverages business in the State that the Executive Director believes to be of interest to the public and the industry.
§1–317. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
(a) The Executive Director shall:
(1) maintain a record of:
(i) each license issued or approved under this article; and
(ii) any revocation, suspension, or cancellation of a license and any restriction imposed on a license with a brief explanation of the reason for the action; and
(2) allow any person to inspect the records at the Office of the Executive Director during regular business hours.
(b) The records of licenses required under subsection (a) of this section and any indices or dockets created to maintain the records:
(1) shall be retained for the later to occur of:
(i) 3 years after the date of the last record entry; or
(ii) the date on which all audit requirements have been complied with; and
(2) may be destroyed after:
(i) the retention period in item (1) of this subsection has expired; and
(ii) Title 10, Subtitle 6, Part III of the State Government Article has been complied with.
§1–318. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
The Executive Director may:
(1) under § 6–202 of this article, inspect and search a building, vehicle, or premises where alcoholic beverages are authorized to be kept, transported, manufactured, or sold;
(2) under § 6–203 of this article, use certain equipment and other means to measure the quantity and quality of alcoholic beverages; and
(3) under § 6–204 of this article, issue summonses for witnesses for hearings and inquiries.
§1–319. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
The Executive Director shall enforce the provisions of this article and provisions of the Tax – General Article relating to alcoholic beverages applicable to:
(1) the purchase or importation of alcoholic beverages by a department of liquor control, a liquor control board, or the Alcohol Beverage Services for Montgomery County; and
(2) the sale of alcoholic beverages to a wholesaler or retail dealer by a department of liquor control, a liquor control board, or the Alcohol Beverage Services for Montgomery County.
§1–320. NOT IN EFFECT
** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **
The Executive Director may:
(1) investigate the manufacture, sale, purchase, use, and transportation of industrial alcohol unfit for beverage use to the extent reasonably necessary to prevent conversion into an alcoholic beverage fit for consumption; and
(2) request information and assistance from other administrative units of the State, county, and municipal governments, county and municipal police departments, and all prosecuting officers as considered necessary by the Executive Director to carry out this article and provisions of the Tax – General Article relating to alcoholic beverages.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.