WILLIAM DONALD SCHAEFER, Governor

Ch. 2

similar provisions governing other regulated

occupations in the Code. Accordingly the former

references to "display for sale" are deleted as
surplusage.

Defined terms: "Engage in the business of a cigarette

retailer" § 610
"Engage in the business of a cigarette

subwholesaler" § 610
"Engage in the business of a cigarette

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

wholesaler" § 610

623. SAME -- ACCEPTING DELIVERY OF UNSTAMPED CIGARETTES
PROHIBITED.

(A)  IN GENERAL.

UNLESS AUTHORIZED BY A LICENSE, A RETAILER, A SUBWHOLESALER,
A VENDING MACHINE OPERATOR, OR A WHOLESALER MAY NOT ACCEPT
DELIVERY OF UNSTAMPED CIGARETTES.

(B)  DUTY TO INSPECT.

A RETAILER, A SUBWHOLESALER, AND A VENDING MACHINE OPERATOR
SHALL:

(1)  EXAMINE EACH PACKAGE OF CIGARETTES IMMEDIATELY ON
RECEIPT TO DETERMINE THAT TOBACCO TAX STAMPS ARE AFFIXED PROPERLY
TO THE PACKAGE AS REQUIRED IN § 12-304 OF THE TAX - GENERAL
ARTICLE; AND

(2)  RETURN IMMEDIATELY UNSTAMPED OR IMPROPERLY
STAMPED CIGARETTES TO:

(I)  THE SELLER OR CONSIGNOR; OR

(II)  A COMMON CARRIER FOR RETURN TO THE SELLER
OR CONSIGNOR.

(C)  UNSTAMPED CIGARETTE POSSESSION PRESUMPTION.

(1)  A PRESUMPTION EXISTS THAT ANY UNSTAMPED
CIGARETTES IN THE POSSESSION OF A RETAILER, A SUBWHOLESALER, A
VENDING MACHINE OPERATOR, OR A WHOLESALER ARE POSSESSED IN
VIOLATION OF THE REQUIREMENTS OF THIS TITLE.

(2)  A RETAILER, A SUBWHOLESALER, A VENDING MACHINE
OPERATOR OR A WHOLESALER WHO POSSESSES UNSTAMPED CIGARETTES HAS
THE BURDEN TO PROVE THAT THE CIGARETTES ARE NOT POSSESSED IN
VIOLATION OF THE REQUIREMENTS OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 81, § 444.

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