232 Laws of Maryland [Ch. 90
injured by a violation of this sub-title may institute an action for
damages in any court of competent jurisdiction. It shall not be
necessary in any action for injunction brought under this sub-title
for the complainant to allege or prove that an adequate remedy at
law does not exist or that the complainant has suffered actual
damages.
(b) Upon violation of this sub-title by any retailer or wholesaler,
the Comptroller shall suspend or revoke the special cigarette vendor's
license of such offender required by Article 56, Sections 61A and
61B of this Code.
115-1. (Administration and Enforcement). It shall be the duty of
the Comptroller to enforce this sub-title. He shall, within the limita-
tions of available appropriations, and in accordance with the laws of
this State, employ and fix the duties and compensation of such in-
spectors and other personnel necessary to carry out the provisions of
this sub-title. He shall make such reasonable rules and regulations
as may be necessary to effectuate and enforce the policies of this
sub-title.
115J. (Relation to General Unfair Sales Act). This sub-title is
intended to be exclusive and complete with respect to the sale of
cigarettes. The general Unfair Sales Act (Sections 111-115 of this
Article) shall not apply to cigarettes except to the extent herein
specifically provided.
115K. (Severability). If any part or provision of this sub-title or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the particular provision or application
directly involved in the controversy in which such judgment is
rendered and shall not affect or impair the validity of the remainder
of this sub-title or the application thereof to other persons or
circumstances.
115L. (Short Title). This sub-title shall be known and designated
and may be cited as uThe Unfair Cigarette Sales Act".
Sec. 2. And be it further enacted, That nine new sections be and
they are hereby added to Article 56 of the Annotated Code of Mary-
land (1951 Edition), title "Licenses", sub-title "Traders", to be
known as Sections 61A to 61-1, inclusive and to follow immediately
after Section 61 thereof, and to read as follows:
61 A. (Special Retailer's Cigarette License). No person shall en-
gage in the business of selling cigarettes at retail as defined by
Article 83, Section 115B (f) except vending machine operators as
defined in Section 115B (d) of Article 83, without a special annual
license from the Comptroller which shall be in addition to any other
license required by law. The fee for such special license shall be
$2.50 per year. The license shall expire on the thirtieth day of April
in each year. A separate license shall be required for each place of
business, temporary or permanent. "Place of business" means any
place or places which are under one roof or in a single edifice and
are occupied and operated by the same licensee.
|