Ch. 3                                       1995 LAWS OF MARYLAND

Article - Business Regulation

10-311.

(a)     Except as provided in subsection (c) AND (D) of this section, each retail
service station in the State:

(1)     shall be operated by a retail service station dealer; and

(2)     may not be operated by a producer or refiner of motor fuel:

(i) with a commissioned agent, company personnel, or a subsidiary
company; or

(ii) under a contract with a person who manages the station on a fee
arrangement with the producer or refiner.

(b)     This section does not apply to facilities that an agricultural cooperative
association owns and operates if:

(1)     the agricultural cooperative association is certified by a bank for
cooperatives to be eligible to borrow from the bank under subchapter III of the Federal
Farm Credit Act of 1971;

(2)     the certification is submitted to the Comptroller with the application for
registration of a retail service station dealer under this subtitle;

(3)     the agricultural cooperative association owns the property on which the
facilities are located; and

(4)     on the property, the agricultural cooperative association, as part of its
business, sells or provides farm supplies or farm business services or distributes motor
fuel in bulk to farmers on farms.

(c)     A retail service station shall be exempt from subsection (a) of this section for
a fiscal year that starts July 1, if:

(1)     on January 1, 1979, the station was operated by a subsidiary of a
producer or refiner of motor fuel; and

(2)     the gross revenues of the subsidiary from the sale of motor fuel in the
State for the preceding calendar year is less than 2% of the gross revenues of the
subsidiary from all retail operations in the State for the preceding calendar year.

(D) IF A DEALER HAS PREVIOUSLY OPERATED A RETAIL SERVICE STATION,
THE COMPTROLLER MAY ADOPT REGULATIONS THAT DEFINE THE CIRCUMSTANCES
IN WHICH A PRODUCER OR REFINER TEMPORARILY MAY OPERATE THE STATION.

DRAFTER'S NOTE:

Error: Inadvertent deletion of substantive authority of Comptroller

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