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Session Laws, 1988
Volume 770, Page 703   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                       Ch. 2

vending machine operator" § 610
"Engage in the business of a cigarette

wholesaler" § 610
"License" § 610

616. SAME -- ASSIGNMENT, TRANSFER, AND SURRENDER.

(A)  LICENSE ASSIGNMENT.

(1)  A LICENSED RETAILER OR A LICENSED VENDING MACHINE
OPERATOR MAY NOT ASSIGN THE LICENSE TO ANOTHER PERSON.

(2)  IF A LICENSED SUBWHOLESALER OR LICENSED
WHOLESALER WHO SELLS THE LICENSEE'S CIGARETTE BUSINESS PAYS TO
THE COMPTROLLER A LICENSE ASSIGNMENT FEE OF $10, THE LICENSEE MAY
ASSIGN THE LICENSE TO THE PURCHASER OF THE CIGARETTE BUSINESS.

(B)  LICENSE TRANSFER BY COMPTROLLER.

IF THE CIGARETTE BUSINESS OF ANY LICENSEE IS TRANSFERRED
BECAUSE OF BANKRUPTCY, DEATH, INCOMPETENCY, RECEIVERSHIP, OR
OTHER OPERATION OF LAW, THE COMPTROLLER SHALL TRANSFER THE
LICENSE WITHOUT CHARGE TO THE LEGAL SUCCESSOR TO THE LICENSEE'S
CIGARETTE BUSINESS.

(C)  VOLUNTARY SURRENDER OF LICENSES.

(1)  IF NO DISCIPLINARY PROCEEDINGS ARE PENDING
AGAINST A LICENSED SUBWHOLESALER OR A LICENSED WHOLESALER WHO
SURRENDERS THE LICENSE TO THE COMPTROLLER, THE COMPTROLLER SHALL
REFUND A PRO RATA AMOUNT OF THE LICENSE FEE FOR THE UNEXPIRED
TERM OF THE LICENSE.

(2)  A LICENSED RETAILER OR A LICENSED VENDING MACHINE
OPERATOR IS NOT ALLOWED A REFUND FOR THE UNEXPIRED TERM OF THE
LICENSE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first, second,
third, and fifth sentences of former Art. 56, § 71.

Subsections (a)(1) and (c)(2) of this section are
revised to apply to a licensee who makes retail sales,
i.e., a licensed retailer and a licensed vending
machine operator, for clarity.

Subsections (a)(2) and (c)(1) of this section are
revised to apply to a licensee who makes wholesale
sales -- i.e., a licensed subwholesaler and a licensed
wholesaler, for clarity.

Subsection (b) of this section is revised to apply to
any licensee, for clarity.

In subsection (c)(2) of this section, the former
reference to "proration" is deleted as surplusage.

- 703 -

 

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Session Laws, 1988
Volume 770, Page 703   View pdf image
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