§ 33-306. Other powers

MD Alcoholic B Code § 33-306 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.