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3118 LAWS OF MARYLAND Ch. 771
the offer or sale of franchises in this State.
BY adding to
Article 56 — Licenses
Section 323 through 345 344, inclusive, to be
under the new subtitle "Franchises"
Annotated Code of Maryland
(1972 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Sections 323 through 345 344,
inclusive, to be under the new subtitle "Franchises" 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:
Article 56 — Licenses
FRANCHISES
323.
(A) THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) "ADVERTISEMENT" MEANS ANY WRITTEN OR PRINTED
COMMUNICATION OR ANY COMMUNICATION BY MEANS OF RECORDING
TELEPHONE MESSAGES OR SPOKEN ON RADIO, TELEVISION, OR
SIMILAR COMMUNICATIONS MEDIA, PUBLISHED IN CONNECTION
WITH AN OFFER OR SALE OF A FRANCHISE.
(C) "COMMISSIONER" MEANS THE SECURITIES
COMMISSIONER IN THE LAW DEPARTMENT, OR HIS DESIGNATED
AGENT.
(D) "FRANCHISE" MEANS A CONTRACT OR AGREEMENT,
EITHER EXPRESSED OR IMPLIED, WHETHER ORAL OR WRITTEN,
BETWEEN TWO OR MORE PERSONS BY WHICH:
(1) A FRANCHISE OR DISTRIBUTORSHIP GRANTING
THE RIGHT TO ENGAGE IN THE BUSINESS OF OFFERING, SELLING
OR DISTRIBUTING GOODS OR SERVICES UNDER A MARKETING PLAN
OR SYSTEM PRESCRIBED IN SUBSTANTIAL PART BY A FRANCHISOR
OR A DISTRIBUTOR; AND
(2) THE OPERATION OF THE FRANCHISEE'S AND
DISTRIBUTEE'S BUSINESS PURSUANT TO A PLAN OR SYSTEM IS
SUBSTANTIALLY ASSOCIATED WITH THE FRANCHISOR'S OR
DISTRIBUTOR'S TRADEMARK, SERVICE MARK, TRADE NAME,
LOGOTYPE, ADVERTISING OR OTHER COMMERCIAL SYMBOL
DESIGNATING THE FRANCHISOR OR DISTRIBUTOR OR THEIR
AFFILIATE; AND
(3) THE FRANCHISEE IS REQUIRED TO PAY
DIRECTLY OR INDIRECTLY, A FRANCHISE FEE IN EXCESS OF
$100.
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