Section 11-301 - Definitions.
§ 11-301. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Controlled outlet.- "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) Credit card use.- 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) Dealer.-
(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) Distributor.-
(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.- "Farm cooperative" means a cooperative organized under Subtitle 5 of Title 5 of the Corporations and Associations Article.
(g) Gasoline products.- "Gasoline products" includes gasohol.
(h) Independent jobber.- "Independent jobber" means an individual or corporation who purchases gasohol or gasoline products from a wholesaler for resale to a dealer.
(i) Marketing agreement.- "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.- "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.- "Retail sale" means the sale of a product for purposes other than resale.
[An. Code 1957, art. 23, § 167C; 1975, ch. 49, § 3; 1978, ch. 993, §§ 1, 2; 1980, chs. 437, 564; 1982, ch. 372, § 1; 2005, ch. 25, § 13; 2010, ch. 611, § 2.]