- (a) In this subtitle the following words have the meanings indicated.
(b)
(1) “Blend” means to mix together any combination of:
- (i) alkylate;
- (ii) aromatic;
- (iii) cracked gasoline;
- (iv) natural gasoline;
- (v) polymer gasoline; or
- (vi) straight-run gasoline.
- (2) “Blend” does not include adding alcohol to gasoline.
(c)
- (1) “Dealer” means a person who engages in the business of a dealer.
(2) “Dealer” includes:
- (i) the State when it engages in the business of a dealer; and
- (ii) a political subdivision of the State when the subdivision engages in the business of a dealer.
(d)
- (1) “Distributor” means a person who engages in the business of a distributor.
(2) “Distributor” does not include:
- (i) a licensed dealer;
- (ii) a licensed special fuel seller;
- (iii) a licensed special fuel user;
- (iv) a licensed turbine fuel seller;
- (v) a marina; or
- (vi) a retail service station dealer.
(e)
(1) “Engage in the business of a dealer” means to:
- (i) import any gasoline into the State;
- (ii) blend, in the State, any gasoline on which the motor fuel tax has not been paid;
- (iii) refine, in the State, any gasoline on which the motor fuel tax has not been paid; or
(iv) acquire, in the State, any gasoline on which the motor fuel tax has not been paid, for:
- 1. export; or
- 2. wholesale distribution.
- (2) “Engage in the business of a dealer” does not include bringing gasoline into the State in the fuel supply tank of an aircraft, motor vehicle, or vessel.
- (f) “Engage in the business of a distributor” means to buy for resale motor fuel on which the motor fuel tax has been paid from a licensed dealer, licensed special fuel seller, licensed special fuel user, or licensed turbine fuel seller.
(g)
(1) “Engage in the business of a special fuel seller” means, with respect to special fuel other than turbine fuel, to:
- (i) import any special fuel into the State;
- (ii) sell, in the State, any special fuel on which the motor fuel tax has not been paid; or
- (iii) deliver, in the State, any special fuel on which the motor fuel tax has not been paid.
- (2) “Engage in the business of a special fuel seller” does not include bringing special fuel into the State in the fuel supply tank of a motor vehicle or vessel.
(h) “Engage in the business of a special fuel user” means to:
- (1) buy special fuel on which the motor fuel tax has not been paid; and
(2) use it in a motor vehicle that is:
- (i) owned or operated by the special fuel user; and
- (ii) registered to operate on a public highway.
(i)
(1) “Engage in the business of a turbine fuel seller” means to:
- (i) import any turbine fuel into the State;
- (ii) sell, in the State, any turbine fuel on which the motor fuel tax has not been paid; or
- (iii) deliver, in the State, any turbine fuel on which the motor fuel tax has not been paid.
- (2) “Engage in the business of a turbine fuel seller” does not include bringing turbine fuel into the State in the fuel supply tank of an aircraft.
- (j) “License” means a license issued by the Comptroller under this subtitle to engage in the business of a dealer, distributor, special fuel seller, special fuel user, or turbine fuel seller.
- (k) “Licensed dealer” means a person who is licensed to engage in the business of a dealer.
- (l) “Licensed distributor” means a person who is licensed to engage in the business of a distributor.
- (m) “Licensed special fuel seller” means a person who is licensed to engage in the business of a special fuel seller.
- (n) “Licensed special fuel user” means a person who is licensed to engage in the business of a special fuel user.
- (o) “Licensed turbine fuel seller” means a person who is licensed to engage in the business of a turbine fuel seller.
- (p) “Marina” means a person who maintains a place of business where motor fuel is sold primarily to vessels.
- (q) “Refine” means to make crude oil into gasoline or special fuel by changing the physical or chemical characteristics of the crude oil.
- (r) “Retail service station dealer” means a person who operates a retail place of business where motor fuel is sold and delivered into the fuel supply tanks of motor vehicles.
(s)
- (1) “Special fuel seller” means a person who engages in the business of a special fuel seller.
(2) “Special fuel seller” does not include:
- (i) a retail service station dealer who pays the motor fuel tax on special fuel to the supplier of the special fuel; or
- (ii) a marina that sells special fuel only to vessels.
(t)
- (1) “Special fuel user” means a person who engages in the business of a special fuel user.
(2) “Special fuel user” does not include:
- (i) a person whose only storage for special fuel is the fuel supply tank of a motor vehicle;
- (ii) a volunteer fire or nonprofit volunteer rescue company that is incorporated in the State and buys special fuel from a licensed special fuel seller to operate fire fighting vehicles or equipment; or
- (iii) a person who pays the motor fuel tax on all special fuels to the supplier of the special fuels.
- (u) “Turbine fuel seller” means a person who engages in the business of a turbine fuel seller.
Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1988, c. 564, § 2; Acts 1992, c. 4, § 3.