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2189
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MARVIN MANDEL, Governor
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 135(c) of Article 56 - Licenses,
of the Annotated Code of Maryland (1972 Replacement
Volume and 1976 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:
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Article 56 — Licenses
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135.
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The following words, terms and phrases in this
subtitle are, for the purposes hereof, defined as
follows:
(c) The term "dealer" [is hereby defined as] MEANS
any person, firm or corporation (including the State of
Maryland and any political subdivision thereof), (1)
making the first sale in this State of any motor vehicle
fuel, imported from beyond the territorial confines of
the State after the same shall have been received in this
State; (2) consuming or using in this State any motor
vehicle fuel so imported, who shall have purchased the
same before it shall have been received by any other
person in this State; [or] (3) producing, refining,
preparing, distilling, manufacturing, blending, or
compounding motor vehicle fuel in this State[.]; OR (4)
PURCHASING MOTOR VEHICLE FUEL IN THIS STATE FOR RESALE OR
REDISTRIBUTION AT WHOLESALE, WHO HAS FIXED STORAGE TANKS
(TRUCKS EXCLUDED) FOR BOTH GASOLINE AND DISTILLATE FUEL
OILS AND WHOSE SALES OF GASOLINE EQUAL OR EXCEED 50
PERCENT OF THE TOTAL GALLONS OF PETROLEUM PRODUCTS
PURCHASED. However, the term shall not include
automobile dealers importing new automobiles into this
State which may contain gasoline in the fuel supply tank
of said vehicles.
SECTION 2. AND BE IT FURTHER ENACTED, That new
Sections 135(i) and (j) be and they are hereby added to
Article 56 — Licenses, of the Annotated Code of Maryland
(1972 Replacement Volume and 1976 Supplement) to read as
follows:
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Article 56 - Licenses
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135.
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The following words, terms and phrases in this
subtitle are, for the purposes hereof, defined as
follows:
(I) THE TERM "FIRST SALE" MEANS THE FIRST SALE OR
EXCHANGE IN THIS STATE OF MOTOR VEHICLE FUEL IMPORTED
FROM BEYOND THE TERRITORIAL CONFINES OF THE STATE AFTER
IT HAS BEEN RECEIVED IN THIS STATE. THE TERM DOES NOT
INCLUDE SALES BETWEEN REGISTERED DEALERS IF SUCH SALES
ARE ACCOUNTED FOR AS THE COMPTROLLER MAY REQUIRE BY RULE
OR REGULATION.
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