TCB-24-002 – Underage tobacco sales enforcement and referral process
Learn how local agencies should report underage tobacco sales violations for ATCC administrative enforcement proceedings
This bulletin explains how local health and police departments should refer tobacco sales violations involving individuals under 21 to the ATCC for administrative enforcement action. It outlines the reporting process, required documentation, and hearing coordination requirements.
What you need to know
- Agencies should generally refer cases after at least two violations within 12 months
- One violation should include a conviction or admission of guilt
- Referrals must include supporting records and evidence
- ATCC hearings for these violations are held in person
Who This Applies To
This bulletin applies to:
- Local health departments
- Local police departments
- Tobacco retailers
- Enforcement agencies investigating underage tobacco sales
What Changed
The bulletin clarifies:
- When local agencies should refer violations to the ATCC
- What documentation is required for administrative action
- How hearings are coordinated between agencies and the ATCC
- The process for pursuing enforcement against tobacco licensees
Referral Requirements
The ATCC recommends a two-step reporting approach.
Agencies should generally refer a tobacco retailer when:
- At least two underage tobacco sales violations occurred at the same location within 12 months
- One violation includes a conviction or admission of guilt
- Additional incidents may include inspections, Synar enforcement actions, or similar events
The referral should show:
- A confirmed underage sales violation
- At least one additional violation or incident within one year
Required Documentation
To begin the administrative charging process, reporting agencies must submit:
Referral letter
- Identify the tobacco retailer
- Summarize the violation history
- Include a point of contact for coordination
Case file materials
- Written incident reports
- Photographic evidence
- Copies of citations
- Proof of payment or admission of guilt, if available
Disposition records
- District Court records
- Administrative disposition records
- Maryland Judiciary Case Search records, if applicable
Submission Process
The ATCC prefers electronic submission of referral materials.
Documents should be submitted to:
- Jack Hartzell
- Deputy Director
- Field Enforcement Division
If electronic submission is not possible, agencies may send physical copies to:
- Alcohol, Tobacco, and Cannabis Commission
- Office of the Executive Director
- 1215 East Fort Avenue, Suite 300
- Baltimore, Maryland 21230
Administrative Hearing Process
After reviewing the referral materials, the ATCC will determine whether there is a sufficient basis for administrative action.
If the ATCC proceeds with enforcement:
- The ATCC and reporting agency will coordinate hearing schedules
- Witnesses from the reporting agency may be required
- A hearing officer will schedule the hearing
- The tobacco retailer will receive formal notice of the hearing
Hearing Location
Administrative hearings will be held:
- In person
- At ATCC offices in Baltimore
Important Notes
- The bulletin includes additional hearing procedure attachments
- A referral letter template is included with the bulletin
- Local agencies and the ATCC must coordinate closely during enforcement actions
- Underage tobacco sales violations may lead to license discipline
What This Means for Businesses
Tobacco retailers should:
- Train employees on underage sales laws
- Maintain strong compliance procedures
- Understand that repeated violations may lead to ATCC administrative action
- Be prepared for hearings if referred for enforcement
Need Help?
Contact the Field Enforcement Division at 410-260-7388