03.02.01.11

.11 Solicitor's Permit.

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 03.02.05.01.

(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 Comptroller, 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 Comptroller for a solicitor's permit, on forms and in the manner the Comptroller 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 Comptroller.

(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 Comptroller of any change of address within 10 days. Failure to do so may subject the solicitor's permit to suspension or revocation by the Comptroller.

(7) A solicitor shall notify immediately the Comptroller 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 Comptroller 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 Article 2B, Annotated Code of Maryland, or any regulation promulgated under it, the Comptroller of the Treasury 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.