Sec. 10.34.11.10. Civil Fines to Wholesale Distributor Permit Holders

A. Operating on an Expired Wholesale Distributor Permit. The Board may assess a civil fine against a permit holder that operates on an expired wholesale distributor permit in the following amount:

(1) A maximum of $10,000 per month of operation past the expiration date of the permit, if the annual gross receipts in Maryland of the permit holder for the previous tax year were less than $10,000,000, up to a maximum fine of $500,000; or

(2) A maximum of $25,000 per month of operation past the expiration date of the permit, if the annual gross receipts in Maryland of the permit holder for the previous tax year were $10,000,000 or more, up to a maximum fine of $500,000.

B. Practicing Without a License.

(1) The Board may assess a civil fine of no less than $10,000 and no more than $500,000 against an individual or entity that operates a wholesale distributor without a license.

(2) Factors in determining the amount of a fine include, but are not limited to, the following:

(a) The size of the wholesale distributor;

(b) The gravity of the violation for which the fine is to be imposed;

(c) The good faith of the wholesale distributor;

(d) Any previous violations by the wholesale distributor;

(e) Actual or potential public harm caused by the unauthorized operation; and

(f) The length of time in which the entity engaged in the unauthorized operation.