(a) In this subtitle the following words have the meanings indicated. (b) "License" means: (1) a license issued by the Executive Director under § 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 § 16-205(b) of this subtitle to act as a retailer. (c) "Licensed manufacturer" means a person licensed by the Executive Director under § 16-205(a) of this subtitle to act as a manufacturer. (d) "Licensed retailer" means a person licensed by the clerk under § 16- 205(b) of this subtitle to act as a retailer. (e) "Licensed storage warehouse" means a facility licensed by the Executive Director under § 16-205(a) of this subtitle to act as a storage warehouse. (f) "Licensed subwholesaler" means a person licensed by the Executive Director under § 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 § 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 § 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 § 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 § 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 § 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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