WILLIAM DONALD SCHAEFER, Governor                           Ch. 110

[(b)](C) If the requirements of § 16-209(b)(2)(ii) of the Business Regulation
Article are satisfied, the provisions of subsection (a) of this section do not apply to the
owner of a tobacco product vending machine or any other person exorcising control over
a tobacco product vending machine if a person under 18 has purchased a tobacco product
from a vending machine.

(D) IT SHALL NOT BE CONSIDERED A VIOLATION OF § 404 OF THIS ARTICLE
FOR LAW ENFORCEMENT OR HEALTH DEPARTMENT PERSONNEL TO USE MINORS TO
PURCHASE OR ATTEMPT TO PURCHASE TOBACCO PRODUCTS OR CIGARETTE
ROLLING PAPERS FOR THE PURPOSE OF MONITORING COMPLIANCE WITH § 404 OF

THIS ARTICLE.

404.

(A) (1) IN THIS SUBHEADING THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)      "TOBACCO PRODUCT" MEANS ANY SUBSTANCE CONTAINING
TOBACCO, INCLUDING CIGARETTES, CIGARS, SMOKING TOBACCO, SNUFF, OR
SMOKELESS TOBACCO.

(3)      "DISTRIBUTE" MEANS TO:

(I)      GIVE AWAY, SELL, DELIVER, DISPENSE, OR ISSUE;

(II)     OFFER TO GIVE AWAY, SELL, DELIVER, DISPENSE, OR ISSUE;
OR

(III)    CAUSE OR HIRE ANY PERSON TO GIVE AWAY, SELL, DELIVER,
DISPENSE, OR ISSUE OR OFFER TO GIVE AWAY, SELL, DELIVER, DISPENSE, OR ISSUE.

(4)      "LESS THAN BASIC COST" MEANS A NOMINAL PRICE, OR ANY OTHER
PRICE LESS THAN THE COSTS OF THE DISTRIBUTOR, PLUS THE FULL VALUE OF ANY
TOBACCO TAX STAMPS AS REQUIRED BY § 12 301 OF THE TAX GENERAL ARTICLE.

(5) "PUBLIC EVENT" MEANS ANY EVENT TO WHICH THE GENERAL
PUBLIC IS INVITED OR PERMITTED, INCLUDING MUSICAL CONCERTS OR
PERFORMANCES, ATHLETIC COMPETITIONS, PUBLIC FAIRS, CARNIVALS, FLEA
MARKETS, BAZAARS, AND ARTISTIC OR CULTURAL PERFORMANCES OR
EXHIBITIONS.

(6) "PUBLIC PLACE" MEANS ANY AREA TO WHICH THE GENERAL PUBLIC
IS INVITED OR PERMITTED, INCLUDING PARKS, STREETS, SIDEWALKS, PEDESTRIAN
CONCOURSES, SPORTS FACILITIES, PAVILIONS, GYMNASIUMS, PUBLIC MALLS, AND
PROPERTY OWNED, OCCUPIED, OR OPERATED BY THE STATE, ANY STATE AGENCY,
OR ANY POLITICAL SUBDIVISION OF THE STATE:

(5) (7) "RETAILER'S LICENSE" MEANS THE RETAILER LICENSE
REQUIRED UNDER TITLE 16 OF THE BUSINESS REGULATION ARTICLE.

(6) (8) "WHOLESALER'S LICENSE" MEANS THE WHOLESALER LICENSE
REQUIRED UNDER TITLE 16 OF THE BUSINESS REGULATION ARTICLE.

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