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§ 11-301. Definitions

West's Annotated Code of MarylandCommercial LawEffective: June 1, 2010

West's Annotated Code of Maryland
Commercial Law
Title 11. Trade Regulation
Subtitle 3. Gasohol and Gasoline Products Marketing Act (Refs & Annos)
Effective: June 1, 2010
MD Code, Commercial Law, § 11-301
§ 11-301. Definitions
Currentness
(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, statutory 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.

Credits

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1978, c. 993, §§ 1, 2; Acts 1980, c. 437; Acts 1980, c. 564; Acts 1982, c. 372, § 1; Acts 2010, c. 611, § 2, eff. June 1, 2010.
Formerly Art. 23, § 167C.
MD Code, Commercial Law, § 11-301, MD COML § 11-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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