.02 Notice That Wholesaler is Unlicensed.

A licensee who purchases cigarettes at wholesale for the purpose of resale in Maryland at wholesale or retail as defined in the Maryland Cigarette Sales Below Cost Act, from a person not having a license as provided in Business Regulation Article, § 16-210, shall be deemed not to have had notice and knowledge the wholesaler was unlicensed, if:

A. The licensee making the purchase had no actual notice or knowledge that the wholesaler was not licensed;

B. The licensee making the purchase demanded and received from the unlicensed wholesaler an invoice with each purchase stating affirmatively that the wholesaler was currently licensed; and

C. The invoice shows the identification number of the license issued by the Comptroller.