Md. Code Regs. 14.23.01.18

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.23.01.18 - Public Storage or Transportation Permit

A. A public storage permit authorizes the holder to operate a warehouse for the storage of alcoholic beverages of licensees or authorized permit holders.

B. A public transportation permit authorizes the holder to transport alcoholic beverages into, within, or out of this State for licensees or authorized permit holders.

C. A Public Transportation Permit may be applied for by:

(1) A person engaged in the business of transporting alcoholic beverages for licensees into, within, and out of this State; or

(2) A licensed wholesaler in order to transport alcoholic beverages to retailers for another licensed wholesaler when there is a written delivery agreement between the wholesalers stating that there will be:

(a) No warehousing of the alcoholic beverages being transported;

(b) No unreasonable delay in transporting the alcoholic beverages;

(c) Segregation of the alcoholic beverages from the alcoholic beverages being transported under the transporter's own wholesaler license;

(d) A separate invoice for the alcoholic beverages being transported under the public transportation permit; and

(e) Delivery of the alcoholic beverages without performance of any other service, such as solicitation, shelf management, product rotation, or any other acts that under Alcoholic Beverages Article, Annotated Code of Maryland, and the regulations may be legally performed by a licensed manufacturer, wholesaler, or permit holder.

D. A written delivery agreement that stipulates that the sale and delivery of alcoholic beverages shall be from the licensed premises of a wholesaler meets the requirements of §C(2) of this regulation.

E. When transporting alcoholic beverages under a public transportation permit, the holder shall possess the following:

(1) A valid public transportation permit; and

(2) A valid vehicle identification card for each vehicle, issued by the Executive Director pursuant to Alcoholic Beverages Article, §§ 2-218 or 2-119, Annotated Code of Maryland, which card shall include the vehicle's make, model, vehicle identification number, state of registration, and tag number.

F. Before accepting delivery, a licensed wholesaler shall verify that the transporter delivering the alcoholic beverages has in its possession the documentation required under §E of this regulation.

Md. Code Regs. 14.23.01.18

Regulation .18 amended and recodified from 03.02.01.22 effective 49:26 Md. R. 1080, eff. 12/26/2022