Section 11-301 - Definitions. - Maryland Statutes

§ 11-301. Definitions.
 

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

(b)  Controlled outlet.- "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)  Credit card use.- 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)  Dealer.-  

(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)  Distributor.-  

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

(g)  Gasoline products.- "Gasoline products" includes gasohol. 

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

(i)  Marketing agreement.- "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.- "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.- "Retail sale" means the sale of a product for purposes other than resale. 
 

[An. Code 1957, art. 23, § 167C; 1975, ch. 49, § 3; 1978, ch. 993, §§ 1, 2; 1980, chs. 437, 564; 1982, ch. 372, § 1; 2005, ch. 25, § 13; 2010, ch. 611, § 2.]