§ 11-301
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/md/commercial-law/11-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.
(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.
(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.