Ch. 181 1997 LAWS OF MARYLAND

1. Solely to facilitate check guarantees or check authorizations;

2. In connection with the acceptance or dispensing of cash on a
person-to-person basis, including by a store cashier; or

3. For the payment of goods or services.

(5) "Candlefoot power" means the light intensity of candles on a horizontal
plane at 36 inches above ground level and 5 feet in front of the area to be measured.

(6) "Control" of an access area or defined parking area means to have the
present authority to determine how, when, and by whom such area is to be used,
maintained, lighted, and landscaped.

(7) "Customer" means an individual to whom an access device has been
issued for personal, family, or household use.

(8) (i) "Defined parking area" means that portion of a parking area open
for customer parking which is:

1. Contiguous to an access area with respect to an automated

teller machine;

2. Regularly, principally, and lawfully used for parking by users
of the automated teller machine while conducting automated teller machine transactions
during the hours of darkness; and

3. Owned or controlled by the operator of the automated teller
machine or by the party leasing the automated teller machine site to the operator.

(ii) "Defined parking area" includes only the single parking level of a
multiple level parking area deemed by the operator of the automated teller machine to be
the most directly accessible to users of the automated teller machine if the parking area
otherwise satisfies the conditions contained in item (i) of this paragraph.

(iii) "Defined parking area" does not include a parking area which:

1. Is not regularly used for parking by users of the automated
teller machine who are conducting automated teller machine transactions during the
hours of darkness; or

2. Is physically closed to access or is marked by conspicuous
signs indicating that it is closed.

(9) "Financial institution" has the meaning stated in § 1-101 of this title.

(10) "Hours of darkness" means the period that begins 30 minutes after
sunset and ends 30 minutes before sunrise.

(11) "Operator" means a financial institution or other person that operates
an automated teller machine.

(b) (1) (i) This section does not apply to any person:

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