948                             LAWS OF MARYLAND                      [CH. 393

EMPLOYEE RELATIONSHIP DOES NOT IN FACT EXIST AND
WHERE THE SERVICES ARE RENDERED TO SUCH ORGANI-
ZATIONS GRATUITOUSLY, AND WITH NO EXPECTATION OF
GAIN;

(5)     ANY INDIVIDUAL WHO IS A STUDENT REGULARLY
ENROLLED IN PRIMARY AND SECONDARY SCHOOLS WHO
IS EMPLOYED AFTER SCHOOL HOURS OR DURING VACA-
TION, FOR NOT MORE THAN 20 HOURS IN ANY WEEK.

(6)     ANY INDIVIDUAL EMPLOYED AS AN OUTSIDE
SALESMAN OR ANY INDIVIDUAL COMPENSATED ON A
COMMISSION BASIS.

(7)     ANY INDIVIDUAL WHO HAS ATTAINED THE AGE
OF 62 YEARS AND WHO WORKS NOT MORE THAN 25 HOURS
PER WEEK.

(8)     ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER
ENGAGED IN THE FIRST PROCESSING OF, OR IN CANNING,
PACKING OF FREEZING PERISHABLE OR SEASONAL FRESH
FRUITS, VEGETABLES OR HORTICULTURAL COMMODITIES,
POULTRY OR SEAFOOD.

(9)     ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER IF
SUCH INDIVIDUAL IS THE PARENT, SPOUSE, CHILD, OR
OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE
FAMILY.

(10)    ANY INDIVIDUAL EMPLOYED IN MOTION PICTURE
THEATRES, INCLUDING DRIVE-IN THEATRES, AND LEGITI-
MATE THEATRES.

(11)    ANY INDIVIDUAL EMPLOYED IN ANY OF THE FOL-
LOWING BUSINESSES AND ESTABLISHMENTS: RESTAU-
RANTS, CAFES, TAVERNS, DRIVE-INS, DRUGSTORES, WHICH
SELL FOOD AND DRINK FOR CONSUMPTION ON THE PREM-
ISES, AND OTHER SIMILAR ESTABLISHMENTS WHICH SELL
FOOD AND DRINK FOR CONSUMPTION ON THE PREMISES;
PROVIDED, HOWEVER, THAT THIS SUBSECTION SHALL
ONLY APPLY TO SUCH BUSINESS OR ESTABLISHMENT
WHICH SHALL HAVE AN ANNUAL GROSS INCOME OF
$500,000 OR LESS, AND AS OF JUNE 1, 1969 SHALL HAVE AN
ANNUAL GROSS INCOME OF $250,000 OR LESS.

(f)     "Committee" refers to an advisory committee, appointed by
the Governor, composed of not more than three representatives of
employers, an equal number of representatives of employees, and an
equal number of disinterested persons representing the public;

(g)    "Occupation" means any occupation, service, trade, busi-
ness, industry, or branch or group of industries or employment or
class of employment in which individuals are gainfully employed;

(h) "Gratuities" mean voluntary monetary contributions re-
ceived by an employee from a guest, patron, or customer, for service
rendered, and no part of which shall be returned to the employer.

(i) "TIPPED EMPLOYEE". A TIPPED EMPLOYEE MEANS
ANY EMPLOYEE ENGAGED IN AN OCCUPATION IN WHICH