1. (a) In this subtitle the following words have the meanings indicated.
2. (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.

3. (c) The distributor may not:

   1. (1) Require the dealer to refuse credit card purchases of gasohol; or
   2. (2) Provide that any credit card it issues may not be used for the purchase of gasohol.

4. (d)

   1. (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. (2) “Dealer” does not include an employee of a distributor.

5. (e)

   1. (1) “Distributor” means a person who:

      1. (i) Engages in the sale, consignment, or distribution of gasohol or gasoline products through retail outlets which he owns or leases; and
      2. (ii) Maintains an oral or written contractual relationship with a dealer for the sale of the products.
   2. (2) “Distributor” includes any subsidiary or affiliated corporation in which a distributor holds at least 30 percent voting control.
6. (f) “Farm cooperative” means a cooperative organized under Subtitle 5 of Title 5 of the Corporations and Associations Article.
7. (g) “Gasoline products” includes gasohol.
8. (h) “Independent jobber” means an individual or corporation who purchases gasohol or gasoline products from a wholesaler for resale to a dealer.

9. (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. (1) Use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor; or
   2. (2) Occupy premises owned, leased, or controlled by the distributor.
10. (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.
11. (k) “Retail sale” means the sale of a product for purposes other than resale.

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1978, c. 993, §§ 1, 2; Acts 1980, c. 437; Acts 1980, c. 564; Acts 1982, c. 372, § 1; Acts 2010, c. 611, § 2, eff. June 1, 2010.

Formerly Art. 23, § 167C.