WILLIAM DONALD SCHAEFER, Governor Ch. 3
(iii) An importer of beer, wine, or distilled beverages produced outside
the United States who purchases directly from the brand owner or from a sales agent of
a brewer, distiller, rectifier, bottler, manufacturer, vintner, or winery, who is authorized
by the brand owner to sell in Maryland, and who has provided proof of this sales agency
relationship to THE OFFICE OF the Comptroller; or
(iv) An American sales agent of an importer under subparagraph (iii)
of this paragraph, provided proof of that agency is presented to THE OFFICE OF the
Comptroller.
(2) A holder of a nonresident dealer's permit may sell, consign, or deliver,
from a location outside Maryland, to persons in Maryland who are authorized to receive
them, only those beers, wines, or distilled spirits which it distills, rectifies, bottles,
manufactures, produces, imports from outside the United States, or represents as the
designated sales agent. The brewer, distiller, rectifier, bottler, manufacturer, vintner,
winery, importer and their designated agent may not discriminate directly or indirectly in
price between Maryland licensees.
(3) Notwithstanding any other provision of this section, any brand of beer
presently being sold, consigned, or delivered in Maryland by the holder of a nonresident
dealer's permit from a location outside Maryland to persons in Maryland who are
authorized to receive it under this article may continue to be sold, consigned, or delivered
until such time as the brewer, the importer, or designated sales agent of the brewer or the
importer of that brand of beer preempts the sales territory by appointing a franchisee as
provided in §§ 203A through 203G, inclusive, THE BEER FRANCHISE FAIR DEALING
ACT, of this article.
(4) Notwithstanding any other provision of this section, a nonresident
dealer's permit is not required to make direct sales and shipments to a wholesaler within
this State from a location outside the continental limits and possessions of the United
States.
(5) Notwithstanding any other provision of this section, in Montgomery
County the alcohol beverage purchasing power shall be as described in Section 163(k) of
this article.
[(i)] (J) [Such] THE HOLDER OF a permit [shall authorize the holder thereof
to] MAY import into this State alcoholic beverages for storage in public warehouses, for
subsequent shipment outside [the] THIS State [of Maryland] and not for sale,
consignment or delivery to any person within this State.
[(j)] (K) [Such a] THIS permit may be issued in the discretion of THE OFFICE OF
the Comptroller and, if issued, shall grant a resident or nonresident holder [thereof,] the
privilege of [selling] SELLING, or offering for sale, wines or distilled spirits to
manufacturers, wholesalers or retailers in this State. [Such a] A permit holder [shall]
MAY not contact consumers, and if the person holding the permit is employed by a
nonresident dealer, [he shall not be] THE PERSON HOLDING THE PERMIT IS NOT
permitted to sell, promote or offer for sale alcoholic beverages to retail dealers, except for
the account of a Maryland wholesaler or manufacturer who is a distributor for the
products of the employer of [such] THE nonresident person holding such a permit.
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