348

LAWS OF MARYLAND

[Ch. 49

REVISOR'S NOTE: This subsection is new language
derived without substantive change from the
parenthetical phrase which presently appears
in Art. 83, §118(a).

Reference to     the "per unit" cost is added to

conform to the    similar language of Art. 83,

§112 (c) of       the Unfair Sales Act, now
§11-401(e).

(H) RETAILER.

(1)   "RETAILER" INCLUDES ANY PERSON ENGAGED IN
THE BUSINESS OF MAKING RETAIL SALES OF CIGARETTES WITHIN
THE STATE AT A STORE, STAND, BOOTH, OR CONCESSION,
THROUGH VENDING MACHINES, OR OTHERWISE.

(2)   IF THE PERSON IS ENGAGED IN THE BUSINESS
OF MAKING BOTH RETAIL SALES OF CIGARETTES AND WHOLESALE
SALES OF CIGARETTES, THE WORD ONLY APPLIES TO THE RETAIL
SALES OF CIGARETTES PORTION OF THE BUSINESS.

REVISORY NOTE: Paragraph (1) of this subsection
presently appears as Art. 83, §117(b).

Paragraph (2) of this subsection is new
language derived without substantive change
from Art. 83, §119(b).

The only other changes are in style.

(I) RETAIL SALE OF CIGARETTES.

"RETAIL SALE OF CIGARETTES" INCLUDES ANY SALE
WHEREBY CIGARETTES ARE SOLD FOR A VALUABLE CONSIDERATION,
INCLUDING AN EXCHANGE OR BARTER AND A SALE THROUGH A
VENDING MACHINE, MADE IN THE ORDINARY COURSE OF TRADE OR
THE USUAL CONDUCT OF THE SELLER'S BUSINESS TO A PURCHASER
FOR CONSUMPTION OR USE OTHER THAN RESALE.

REVISOR'S NOTE: This subsection presently appears as
Art. 83, §117(f).

The presently defined phrases "sell cigarettes
at retail" and "sale of cigarettes at retail"
and the reference to "similar expressions" are
deleted as unnecessary in light of the
consistent use in this subtitle of the phrase
"retail sale of cigarettes."

The only other changes are in style.

The Commission is not certain whether the
absence in this definition of a provision like