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Session Laws, 1975
Volume 716, Page 549   View pdf image
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MARVIN MANDEL, Governor

549

(3)    ANY ITEM SUBJECT TO THE PACKAGING OR
LABELING REQUIREMENTS OF THE FEDERAL ALCOHOL
ADMINISTRATION ACT OR TO ANY PRICING REQUIREMENTS UNDER
FEDERAL LAW;

(4)   ANY ITEM ACTUALLY BEING SOLD THROUGH A
VENDING MACHINE;

(5)    ANY ITEM DELIVERED DIRECTLY TO A RETAIL
SALES AGENCY WITHOUT PASSING THROUGH WAREHOUSING OR OTHER
INVENTORY FACILITY USED BY THE AGENCY; OR

(6)   EXCEPT AS PROVIDED IN SUBSECTION (B) OF
THIS SECTION, A RETAIL SALES AGENCY WHICH:

(i) DURING THE PRECEDING CALENDAR YEAR, SOLD
A GROSS VOLUME OF CONSUMER COMMODITIES OF LESS THAN
$750,000;

(ii) IS NOT PART OF A COMPANY WHICH CONSISTS
OF TEN OR MORE SALES AGENCIES IN OR OUT OF THE STATE;

(iii) DERIVES LESS THAN 15 PERCENT OF ITS
TOTAL REVENUES FROM CONSUMER COMMODITIES SUBJECT TO THIS
SUBTITLE; OR

(iv) IS OWNED AND OPERATED BY NOT MORE THAN
ONE [[PERSON]] INDIVIDUAL AND THE MEMBERS OF HIS
IMMEDIATE FAMILY.

(B) EXCEPTIONS.

A SALES AGENCY WHICH OTHERWISE IS EXEMPT UNDER
SUBSECTION (A)(6) OF THIS SECTION NEVERTHELESS IS SUBJECT
TO THIS SUBTITLE IF, DURING THE PRECEDING CALENDAR YEAR,
THE COMPANY OF WHICH THE SALES AGENCY IS A PART HAS A
GROSS VOLUME OF SALES OF CONSUMER COMMODITIES IN EXCESS
OF $30,000,000.

REVISOR'S NOTE: This section presently appears as
Art. 83, §21E(b).

The term "instrumentality" is deleted as
unnecessary in light of the general term
"sales agency."

Subsection (a) (4) is reworded for clarity,
making the added qualifications as to items
not sold through a vending machine
unnecessary.

The only other changes are in style and
organization.

 

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Session Laws, 1975
Volume 716, Page 549   View pdf image
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