Maryland Commercial Law Section 11-301

Article - Commercial Law

§ 11-301.

      (a)      In this subtitle the following words have the meanings indicated.

      (b)      "Controlled outlet" means an outlet which is operated by a distributor or operated by company employees, a subsidiary company, commissioned agent, or by any person who manages the outlet on a fee arrangement with the distributor.

      (c)      The distributor may not:

            (1)      Require the dealer to refuse credit card purchases of gasohol; or

            (2)      Provide that any credit card it issues may not be used for the purchase of gasohol.

      (d)      (1)      "Dealer" means a person engaged in the retail sale of gasohol or gasoline products under a marketing agreement, at least 30 percent of whose gross revenue is derived from the retail sale of gasoline products.

            (2)      "Dealer" does not include an employee of a distributor.

      (e)      (1)      "Distributor" means a person who:

                  (i)      Engages in the sale, consignment, or distribution of gasohol or gasoline products through retail outlets which he owns or leases; and

                  (ii)      Maintains an oral or written contractual relationship with a dealer for the sale of the products.

            (2)      "Distributor" includes any subsidiary or affiliated corporation in which a distributor holds at least 30 percent voting control.

      (f)      "Farm cooperative" means a cooperative organized under Subtitle 5 of Title 5 of the Corporations and Associations Article.

      (g)      "Gasoline products" includes gasohol.

      (h)      "Independent jobber" means an individual or corporation who purchases gasohol or gasoline products from a wholesaler for resale to a dealer.

      (i)      "Marketing agreement" means an oral or written agreement between a distributor and a dealer under which the dealer is granted the right, for the purpose of engaging in the retail sale of gasohol or gasoline products supplied by the distributor, to:

            (1)      Use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor; or

            (2)      Occupy premises owned, leased, or controlled by the distributor.

      (j)      "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

      (k)      "Retail sale" means the sale of a product for purposes other than resale.



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