Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 23 - ALCOHOL AND TOBACCO COMMISSION
Chapter 14.23.01 - Alcoholic Beverages
Section 14.23.01.07 - Solicitor's Permit
Universal Citation: MD Code Reg 14.23.01.07
Current through Register Vol. 51, No. 26, December 27, 2024
A. Definitions.
(1) "Adult" means any person who has reached
the age of majority.
(2)
"Representative" means any person employed by or who represents any licensed
manufacturer, nonresident dealer, or nonresident winery who contacts Maryland
licensed wholesalers or licensed retail dealers for the purpose of selling or
offering for sale alcoholic beverages.
(3) "Salesperson" means any employee of a
licensed wholesaler, who sells or attempts to sell alcoholic beverages directly
or indirectly to any licensed retail dealer for the account of licensed
wholesalers.
(4) "Solicitor" means
any person employed as a representative or salesperson who contacts a licensed
wholesaler or licensed retail dealer within this State for the purpose of
selling, promoting, or offering for sale alcoholic beverages.
(5) "Solicitor independent broker" means any
person employed by or who represents within this State any licensed
manufacturer, nonresident dealer, nonresident winery, or licensed wholesaler
for the purpose of selling, promoting, or offering for sale alcoholic beverages
by contacting:
(a) Consumers at a special
event for which a temporary or permanent retail license is issued; or
(b) Consumers at an on-premises promotion as
defined in COMAR 14.23.04.01.
(6) "Solicitor trainee" means any person
employed by a licensed manufacturer or licensed wholesaler within this State,
or by the holder of a nonresident dealer permit or holder of a nonresident
winery permit outside this State, for the purpose of training that individual
as a solicitor.
B. General Procedures.
(1) A person may not act
as a salesperson for a Maryland licensed wholesaler, as a representative for a
manufacturer, nonresident dealer, or nonresident winery, or as a solicitor
independent broker, unless the person has first applied for and received a
solicitor's permit from the Executive Director, except as provided in
§B(2) of this regulation.
(2)
A "solicitor trainee" may not be permitted to sell, promote, or offer for sale
alcoholic beverages except when accompanied by an individual holder of a valid
solicitor's permit representing the same licensed wholesaler, licensed
manufacturer, nonresident dealer, or nonresident winery. The training period
may not exceed 30 days. After the 30-day training period, the person shall
comply with the provisions of §B(1) of this regulation.
(3) Any adult person, except the holder of a
retail license or employees or agents of a licensed retail dealer, may make
application to the Executive Director for a solicitor's permit, on forms and in
the manner the Executive Director requires. The application shall set forth the
name and address of the person, firm, or corporation who employs the applicant
or whom the applicant represents, and also the name and address of the
applicant. The applicant may not be employed by or represent any person, firm,
or corporation whose name does not appear on the application.
(4) Solicitors' permits shall be kept in
possession at all times while engaged in the business of selling or offering
for sale alcoholic beverages, and shall be exhibited upon demand by any
licensee or authorized employee of the Executive Director.
(5) Except for a holder of a solicitor's
permit which specifically designates the holder as a solicitor independent
broker, holders of a solicitor's permit may not contact consumers for the
purpose of selling or offering for sale alcoholic beverages. If the person
holding the permit is employed as a representative, the person may not be
permitted to sell, promote, or offer for sale alcoholic beverages to licensed
retail dealers, except for the account of a licensed wholesaler, who is a
distributor for the products of the employer of the permittee.
(6) The holder of a solicitor's permit shall
notify the Executive Director of any change of address within 10 days. Failure
to do so may subject the solicitor's permit to suspension or revocation by the
Executive Director.
(7) A solicitor
shall notify immediately the Executive Director of any change of employment or
representation status and shall surrender the solicitor's permit within 5 days
for cancellation or amendment. Failure to surrender the permit within the 5
days may make that person ineligible for any other permit for a period of up to
3 years. It shall also be the duty of the employer or principal whose name is
specified on the solicitor's application to notify the Executive Director
within 5 days of the termination of the employment.
(8) Correction for change of address,
employment, or representation status, or to replace lost or destroyed permits,
may be made during the permit year.
(9) If the holder of a solicitor's permit
violates the provisions of Alcoholic Beverages Article, Annotated Code of
Maryland, or any regulation promulgated under it, the Executive Director may
suspend or revoke the permit, and, in addition, may suspend or revoke the
license or permit of the employer or principal of the permittee.
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