§ 2-124

Maryland § 2-124

• Jurisdiction: Maryland
• Article gab: Alcoholic Beverages and Cannabis
• Title: 2

Text

(a) There is a nonresident dealer’s permit.

(b) The Executive Director may issue the permit to:

(1) a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;

(2) a sales agent of a person described in item (1) of this subsection, on presentation of proof of the sales agency relationship to the Executive Director;

(3) an importer of beer, wine, or distilled spirits produced outside the United States that purchases directly from the brand owner or from a sales agent of a person described in item (1) of this subsection that:

(i) is authorized by the brand owner to sell in the State; and

(ii) provides proof of the sales agency relationship to the Executive Director; or

(4) an American sales agent of an importer described in item (3) of this subsection, on presentation of proof of the sales agency relationship to the Executive Director.

(c) The Executive Director may not issue the permit to a person that:

(1) is a holder of a wholesaler’s license or retail license;

(2) has an interest in a wholesaler licensed under this article; or

(3) has an interest in any retail license holder.

(d) The permit authorizes the holder to sell beer, wine, or distilled spirits to license holders authorized to receive the beverages.

(e) The permit holder may sell, consign, or deliver from a location outside the State to a person in the State that is authorized to receive them those beers, wines, or distilled spirits that the permit holder:

(1) bottles, distills, imports, manufactures, produces, or rectifies from outside the United States; or

(2) represents as the designated sales agent.

(f) A person who is a bottler, a brewer, a distiller, an importer, a manufacturer, a rectifier, a vintner, or a winery or the designated agent of the person may not discriminate directly or indirectly in price between license holders.

(g) Notwithstanding any other provision of this subtitle, the permit holder may continue to sell, consign, or deliver a brand of beer in the State from outside the State:

(1) to a person in the State who may receive the beer under this article; and

(2) until the person who is the brewer or importer of that brand of beer or the person’s designated sales agent preempts the sales territory by appointing a franchise license holder in accordance with the Beer Franchise Fair Dealing Act under Title 5, Subtitle 1 of this article.

(h) Notwithstanding any other provision of this subtitle, a permit is not required to make direct sales and shipments to a wholesaler in the State from a location outside the continental limits and possessions of the United States.

(i) The permit fee is $200.