Maryland Statutes
Subtitle 3 - Gasohol and Gasoline Products Marketing Act
Section 11-301 - Definitions

(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.

Structure Maryland Statutes