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Session Laws, 2003
Volume 799, Page 1231   View pdf image
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ROBERT L. EHRLICH, JR., Governor                               Ch. 99

7.5-106.

(a) Wine that is delivered to a personal consumer shall be [:

(1) Shipped] SHIPPED freight prepaid to a [wholesaler] RETAIL DEALER
licensed in this State who is designated by the Alcohol and Tobacco Tax Division of the
Office of the Comptroller[; and

(2) Delivered by the wholesaler to a retail dealer].

(b) The Alcohol and Tobacco Tax Division of the Office of the Comptroller shall
record the receipt and disposition of all wine sold by direct wine sellers.

(c) The [wholesaler] RETAIL DEALER shall keep a record of the shipping
invoice to:

(1) Provide the Office of the Comptroller with a documentary trail; and

(2) Notify the personal consumer of any health or welfare recall.

7.5-107.

(a) The direct wine seller shall list the contents of the shipment on the outside
of the shipping package with an identifying number that the [wholesaler] RETAIL
DEALER shall record.

(b) [The wholesaler and] A retail dealer [act] ACTS solely as [facilitators] A
FACILITATOR in the shipping process and [do] DOES not have title to the wine vested
in [them] THE RETAIL DEALER.

[(e) The wholesaler who receives the shipment may not enter the wine into the
wholesaler's inventory but shall deliver the wine on the wholesaler's next delivery
date to the retail dealer that the direct wine seller designates.]

7.5-108.

(a)     A personal consumer shall take personal delivery of the shipment at the
licensed premises of the retail dealer promptly on receiving notice from the retail
dealer.

(b)     [A] IF THE WHOLESALER OR RETAIL DEALER CHOOSES TO IMPOSE A
SERVICE CHARGE, A personal consumer shall pay service charges that are not subject
to the Maryland sales tax to[:

(1)     The] THE retail dealer when the consumer takes delivery at the rate
of $5 per bottle but not more than $10 per shipment[; and

(2)     The wholesaler at the rate of $2 per bottle but not more than $4 per
shipment].

(c)     A personal consumer may not receive more than 108 liters of wine in total
from one or more direct wine sellers in a permit year.

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Session Laws, 2003
Volume 799, Page 1231   View pdf image
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