MARVIN MANDEL, Governor

347

(i) INCLUDES THE CARTAGE COST TO A RETAILER
PLUS THE FULL PACE VALUE OF ANY CIGARETTE TAXES PAYABLE
BY THE WHOLESALER ON THE CIGARETTES SOLD; AND

(ii) IN THE ABSENCE OF SATISFACTORY PROOF OF
A LESSER COST, IS PRESUMED TO BE 5 PERCENT OF THE BASIC
COST OF CIGARETTES TO HIM.

(2) AS TO EACH CARTON OF 200 CIGARETTES, A
FRACTIONAL PART OF A CENT EQUAL TO ONE-TENTH OF A CENT OR
MORE IN THE COST TO THE WHOLESALER SHALL BE ROUNDED OFF
TO THE NEXT HIGHER CENT.

REVISOR'S NOTE: This subsection presently appears as
Art. 83, §118(b).

In paragraph (1) of this subsection, a
cross—reference to the special cost provisions
of §11—503 is added for purposes of clarity.

In paragraph (2) of this subsection, the tern
"200 cigarettes" is substituted for "ten
packages" to conform to the language of
present Art. 83, §119(a), now §11-503(a) of
this subtitle.

The only other changes are in style.

(F) PERSON.

"PERSON" INCLUDES AN INDIVIDUAL, CORPORATION,
BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION,
TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR
ANY OTHER LEGAL OR COMMERCIAL ENTITY.

REVISOR'S NOTE: This subsection is new language
setting forth a broad, standardised definition
of the word "person" as used in this article.
It is a synthesis of the U.C.C. definitions of
"person" and "organization" contained in
§1—201 (28) and (30) of this article, except
that the reference to "government or
governmental subdivision or agency" is not
included. This definition is in no way
intended to change the existing law, merely to
clarify it.

(G) REPLACEMENT COST.

"REPLACEMENT COST" MEANS THE COST PER UNIT FOR WHICH
THE CIGARETTES COULD HAVE BEEN BOUGHT BY THE WHOLESALER
OR RETAILER AT ANY TIME WITHIN 30 DAYS BEFORE THE DATE OF
SALE BY HIM IF BOUGHT IN THE SAME QUANTITY AS HIS LAST
PURCHASE OF THE CIGARETTES.