230                              Laws of Maryland                        [Ch. 90

vided, in the absence of proof of a lower aggregate cost of doing
business by such retailer or vending machine operator, as the case
may be; provided, however, that if the discount received by such
retailer or vending machine operator shall be less than that ordinarily
allowed to wholesalers, then the wholesaler's mark-up of four per
cent, above provided for may be reduced by the difference between
the discount ordinarily allowed to wholesalers and the discount
received by such retailer or vending machine operator.

(d) (Sales by Wholesalers to Other Wholesalers and Vending
Machine Operators). When one wholesaler sells cigarettes to any
other wholesaler or vending machine operator, as herein defined,
the former shall not be required to include in his selling price to
the latter, "cost to the wholesaler'', as provided by Section 115C (a)
of this Article, except that no such sale shall be made at a price less
than the "basic cost of cigarettes'⁹ as defined in Section 115C (b) of
this Article, but the latter wholesaler, upon resale to a retailer, shall
be deemed to be the wholesaler governed by the provisions of said
Section 115C (a) of this Article.

115E. (Combination Sales and Concessions). It shall be a viola-
tion of this sub-title, notwithstanding it may also be a violation of
Sections 111-115 inclusive of this Article (The Unfair Sales Act) for
any wholesaler or retailer, with the purpose or intent specified in
Section 115A of this Article:

(a)  To sell cigarettes in combination with any other item or items
of merchandise where any such other item is given free of charge
or sold at a price which is below the cost of such item to the seller
as defined in Sections 111-115 inclusive of this Article.

(b)  To sell cigarettes in combination with any other item or items
of merchandise where the total sale price for all the items included
in the sale is less than the sum of the cost of cigarettes to the retailer
or wholesaler, as the case may be, as herein defined plus the cost
to the wholesaler or retailer, as the case may be, as defined in Sec-
tions 111-115 inclusive of this Article, of all other items included in the
sale, including items given free of charge in connection with the sale.

(c)  To give cigarettes free of charge, except in the case of specially
packaged manufacturers' samples which are designated on the pack-
age as not to be sold.

(d)  To make any rebate, advertising allowance, or any other con-
cession by any means or device whatever in connection with the sale
of cigarettes, whereby the cigarettes are in effect sold below cost as
herein defined, except that any reduction in cost to the seller resulting
from any payment or compensation given by manufacturers of
cigarettes on a uniform and non-discriminatory basis for promotional
services, and any coupons issued and ultimately redeemed by the
manufacturer on the same basis, may be passed on to the purchaser
without violating this sub-title.

115F. (Exceptions), (a) The provisions of this sub-title shall
not apply to sales at retail or sales at wholesale:

(1) Where cigarettes are sold at bona fide clearance sales, if
advertised and marked as such and the quantity accurately, clearly