Current with changes from the 2024 Legislative Session
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.