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Maryland Code, Commercial Law § 11-301

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Commercial Law § 11-301 - last updated January 01, 2025 | https://codes.findlaw.com/md/commercial-law/md-code-coml-sect-11-301/

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