1380 LAWS OF MARYLAND Ch. 662
and distribution of [[petroleum]] gasoline products.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Sections 167A through 1671, inclusive, be and they are
hereby added to Article 23 of the Annotated Code of Maryland (1966
Replacement Volume), title "Corporations," subtitle "Particular Classes of
Corporations," to follow immediately after Section 167 thereof and to be under the
new subheading "Maryland [[Petroleum]] Gasoline Products Marketing Act,"
and all to read as follows:
MARYLAND [[PETROLEUM]] GASOLINE PRODUCTS MARKETING
ACT
167A.
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT SINCE
THE DISTRIBUTION AND SALE THROUGH MARKETING
ARRANGEMENTS OF [[PETROLEUM]] PETROLEUM PRODUCTS IN
THE STATE OF MARYLAND VITALLY AFFECT THE ECONOMY OF
THE STATE, THE PUBLIC INTEREST, WELFARE, AND
TRANSPORTATION, IT IS NECESSARY TO DEFINE THE
RELATIONSHIPS AND RESPONSIBILITIES OF THE PARTIES TO
CERTAIN AGREEMENTS PERTAINING THERETO.
167B.
THIS SUBHEADING MAY BE CITED AS THE "MARYLAND
[[PETROLEUM]] GASOLINE PRODUCTS MARKETING ACT."
167C.
AS USED IN THIS SUBHEADING, THE TERM
(1) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED IN THE SALE,
CONSIGNMENT, OR DISTRIBUTION OF [[PETROLEUM]] GASOLINE
PRODUCTS THROUGH RETAIL OUTLETS WHICH IT OWNS OR
LEASES, AND WHO MAINTAINS A WRITTEN CONTRACTUAL
RELATIONSHIP WITH A DEALER FOR THE SALE OF THE PRODUCTS,
AND SHALL INCLUDE ANY SUBSIDIARY OR AFFILIATED
CORPORATION IN WHICH IT HOLDS AT LEAST THIRTY PERCENT
VOTING CONTROL;
(2) "DEALER" MEANS ANY PERSON ENGAGED IN THE RETAIL
SALE OF [[PETROLEUM]] GASOLINE PRODUCTS UNDER A
MARKETING AGREEMENT ENTERED INTO WITH A DISTRIBUTOR,
OTHER THAN A PERSON WHO IS AN EMPLOYEE OF A
DISTRIBUTOR;
(3) "MARKETING AGREEMENT" MEANS A WRITTEN AGREEMENT
BETWEEN A DISTRIBUTOR AND A DEALER UNDER WHICH THE
DEALER IS GRANTED THE RIGHT TO USE A TRADEMARK, TRADE
NAME, SERVICE MARK, OR OTHER IDENTIFYING SYMBOL OR
NAME OWNED BY THE DISTRIBUTOR, AND A WRITTEN
AGREEMENT BETWEEN A DISTRIBUTOR AND A DEALER BY WHICH
THE DEALER IS GRANTED THE RIGHT TO OCCUPY PREMISES
OWNED, LEASED OR CONTROLLED BY THE DISTRIBUTOR, FOR THE
PURPOSE OF ENGAGING IN THE RETAIL SALE OF [[PETROLEUM]]
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