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Session Laws, 1961
Volume 654, Page 608   View pdf image (33K)
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608                              Laws of Maryland                       [Ch. 442

(b)  [Upon the filing of an] Unless otherwise provided herein,
every
application for a license [, and concurrently therewith,] shall
be accompanied by
a bond of the character stipulated and in the
amount provided for in Section 141 of this sub-title .[shall be filed
with the Comptroller]. No license shall issue upon any application
unless accompanied by such a bond [.] except that a license may be
issued without bond to any Diesel User who files with his applica-
tion an affidavit that he has no storage facilities and purchases all
fuel used by him from sellers licensed under this sub-title.

(c)  In the event that any application for a license certificate [to
transact business as a dealer in the State of Maryland] shall be filed
by any person whose license shall at any time theretofore have been
cancelled for cause by the Comptroller, or in case said Comptroller
shall be of the opinion that such application is not filed in good faith,
or that such application is filed by some person as a subterfuge for the
real person in interest whose license or registration shall theretofore
have been cancelled for cause by said Comptroller, then and in any
of said events the Comptroller after a hearing, of which the appli-
cant shall have been given five (5) days' notice in writing and in
which said applicant shall have the right to appear in person or by
counsel and present testimony, shall have, and is hereby given the
right and authority to refuse to issue to such a person a license cer-
tificate [to transact business as a dealer in the State of Maryland].

(d)  The application in proper form having been accepted for fil-
ing and the bond having been accepted and approved, the Comp-
troller shall issue [to such dealer] a license certificate [to transact
business as a dealer in the State of Maryland] subject to cancellation
[of such license] as provided by law.

(e)  The license certificate so issued by the Comptroller shall not
be assignable, and shall be valid only for the [dealer] licensee in
whose name issued, and shall be displayed conspicuously in the prin-
cipal place of business of said [dealer] licensee in the State of Mary-
land.

(f)  The Comptroller shall keep and file all applications and bonds
with an [alphabetical] index thereof, together with a record of all
[licensed dealers] licensees.

(g) [It shall be unlawful for any user as defined herein to use,
or any seller of diesel fuel as defined herein to sell diesel fuel or fuel
oil within the State unless such user or seller is the holder of an
uncancelled license issued by the Comptroller. Such license shall be
issued in the same manner as is prescribed in this section, provided
that the user or seller of diesel fuel shall have submitted with his
application for said license a bond satisfactory to the Comptroller
in an amount equal to three times the average monthly tax paid, but
not to exceed $5,000.00.]

141.

(a) Every [dealer shall] bond required to be filed by this sub-
title shall be filed
with the Comptroller [a bond] in [the approxi-
mate sum of three times the average monthly motor fuel tax due by
such dealer during the next preceding twelve calendar months under
the existing law of this state;] such amount as the Comptroller shall
by regulation prescribe
provided that in no case shall bond be less
than one thousand ($1,000.00) dollars [, nor more than twenty thou-

 

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Session Laws, 1961
Volume 654, Page 608   View pdf image (33K)
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