MARVIN MANDEL, Governor

349

that now contained in subsection (1)(2) was
deliberate or not on the part of the General
Assembly.

(J) SELL.

"SELL" INCLUDES ADVERTISE, OFFER TO SELL, OR OFFER
FOR SALE.

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

No changes are made.

(K) VENDING MACHINE OPERATOR.

"VENDING MACHINE OPERATOR" MEANS A PERSON WHO:

(1) MAKES RETAIL SALES OF CIGARETTES OR HAS
CIGARETTES IN HIS POSSESSION WITH THE INTENT TO SELL THEM
EXCLUSIVELY AS RETAIL THROUGH THE MEDIUM OF A VENDING
MACHINE OR ANY OTHER MECHANICAL DEVICE USED FOR
DISPENSING CIGARETTES;

(2)    OWNS, OPERATES, AND SERVICES VENDING
MACHINES OR OTHER MECHANICAL DEVICES USED TO DISPENSE
CIGARETTES ON 40 OR MORE PREMISES; AND

(3)    SERVICES THE MACHINES OR DEVICES BY
MAINTAINING AN ESTABLISHED PLACE OF BUSINESS FOR THE
PURCHASE OF CIGARETTES, INCLUDING WAREHOUSING FACILITIES
FOR THE STORAGE AND DISTRIBUTION OF CIGARETTES.

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

In item (1), the phrase "barter, exchange,
offer for sale" is deleted as unnecessary in
light of the definitions of "sell" and "retail
sale of cigarettes." The general ten "tobacco
products" is deleted as inconsistent with use
of the term "cigarettes," as defined in this
section.

In item (3), the phrase "but not limited to"
is deleted as unnecessary, since use of the
word "including" is not intended in any sense
to be exclusionary or limiting. The maxim of
expressio unius est exclusio alterius and
doctrines of similar implication are not
intended, therefore, to be made applicable by
reason of this deletion.

The only other changes are in style.