Md. Code, State Personnel and Pensions § 22-207 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-207
§22–207.
Status: in_force

The Board of Trustees may deny membership in the Teachers’ Retirement System to, or make membership optional for, any class of individuals described in § 22-205(a) of this subtitle whose:

(1) compensation is paid only partly by the State; or

(2) employment is temporary or on other than a yearly basis.
Md. Code, Alcoholic Beverages and Cannabis § 22-1607 — MD Code / Article gab / Title 22 / Subtitle 16 / Section 22-1607
§22–1607.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Board may issue a maximum number of nine Class B licenses to the same person.

(b) (1) The Board may issue one Class GSF (golf simulator facility) license under § 22–1003.2 of this title to the holder of one or more Class B licenses.

(2) A Class GSF (golf simulator facility) license issued under paragraph (1) of this subsection shall be included in the total number of licenses that may be issued to the same person under subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-205.1 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-205.1
§22–205.
Status: in_force

§22–205.1.

(a) At the end of each fiscal year, the Board shall submit a financial audit for review to:

(1) the County Executive; and

(2) the Harford County Delegation to the Maryland General Assembly, consisting of Harford County Senators and Delegates.

(b) The financial audit is not subject to approval by the County Executive or the Harford County Delegation�to the Maryland General Assembly, consisting of Harford County Senators and Delegates.
Md. Code, State Personnel and Pensions § 22-407 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-407
§22–407.
Status: in_force

(a) This section applies to an individual who:

(1) is eligible for membership in the Judges’ Retirement System as provided in § 27–201(a) of this article; and

(2) (i) is receiving a service retirement allowance from the Employees’ Retirement System at the time of appointment in item (1) of this subsection; or

(ii) 1. has earned a vested allowance from the Employees’ Retirement System; and

2. begins receiving the vested allowance while serving as a judge described in item (1) of this subsection.

(b) An individual described in subsection (a) of this section may elect to receive service credit in the Judges’ Retirement System.

(c) (1) An individual described in subsection (a) of this section who elects to receive service credit in the Judges’ Retirement System under subsection (b) of this section shall complete and file a form provided by the Board of Trustees directing the Board of Trustees to suspend the individual’s allowance while the individual is receiving service credit in the Judges’ Retirement System.

(2) (i) An individual shall file a form described in paragraph (1) of this subsection with the Board of Trustees:

1. if the individual is receiving a service retirement allowance from the Employees’ Retirement System prior to serving as a judge, at the time the individual becomes a member of the Judges’ Retirement System; or

2. if the individual has earned a vested allowance from the Employees’ Retirement System and becomes eligible to receive that allowance after the individual becomes a member of the Judges’ Retirement System, at the time the individual applies to receive the vested allowance.

(ii) A temporary suspension under this subsection shall begin on the first day of the month following the month in which the Board of Trustees received the individual’s request to temporarily suspend the allowance.

(d) An individual whose allowance is temporarily suspended under subsection (c) of this section is not subject to a reduction as provided in § 22–406 of this subtitle during the period the individual is serving as a judge.

(e) (1) On receiving satisfactory documentation that the individual is no longer serving as a judge, the Board of Trustees shall reinstate the individual’s allowance with accumulated cost–of–living adjustments from the date the allowance was temporarily suspended.

(2) The individual’s allowance will be reinstated on the first day of the month following the month in which the individual ceased serving as a judge.

(f) If an individual whose allowance is temporarily suspended dies while serving as a judge, the surviving spouse of the individual shall receive:

(1) survivorship benefits as provided in § 27–403 of this article; and

(2) if the surviving spouse is the individual’s designated beneficiary, the survivorship benefits selected by the individual at the time of retirement from the Employees’ Retirement System.
Md. Code, Commercial Law § 22-108 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-108
§22–108.
Status: in_force

(a) Authentication may be proven in any manner, including a showing that a party made use of information or access that could have been available only if it engaged in conduct or operations that authenticated the record or term.

(b) Compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record authenticates the record as a matter of law.
Md. Code, Alcoholic Beverages and Cannabis § 22-2401 — MD Code / Article gab / Title 22 / Subtitle 24 / Section 22-2401
§22–2401.
Status: in_force

(a) The following sections of Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article apply in the county without exception or variation:

(1) § 4–902 (“Judicial review of decision of local licensing board”);

(2) § 4–903 (“Petitioners”);

(3) § 4–904 (“Stay of local board’s petition”);

(4) § 4–906 (“Representation of local licensing board”);

(5) § 4–907 (“Affirmations, modifications, and reversals”); and

(6) § 4–908 (“Appeals to Appellate Court of Maryland and Supreme Court of Maryland”).

(b) Section 4–905 (“Scope of judicial review”) of Division I of this article applies in the county, subject to § 22–2403 of this subtitle.
Md. Code, Health - General § 22-312 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-312
§22–312.
Status: in_force

(a) At any reasonable time, a representative of the Secretary may enter and inspect any establishment in which the Secretary reasonably believes a dangerous household substance is being manufactured, repacked, or relabeled.

(b) On entering any establishment to make an inspection under this section, the representative of the Secretary shall present appropriate credentials to the owner, operator, or agent in charge.

(c) During any inspection under this section, the representative of the Secretary may obtain a sample of any product, package, or labeling in any reasonable manner.
Md. Code, Alcoholic Beverages and Cannabis § 22-810 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-810
§22–810.
Status: in_force

A Class D beer and wine license may not be issued in the county.
Md. Code, Alcoholic Beverages and Cannabis § 22-2801 — MD Code / Article gab / Title 22 / Subtitle 28 / Section 22-2801
§22–2801.
Status: in_force

(a) Section 6–402(b) (“General penalty — Imposition of penalty”) of Division I of this article applies in the county without exception or variation.

(b) Section 6–402(a) (“General penalty — In general”) of Division I of this article does not apply in the county and is superseded by § 22–2802 of this subtitle.
Md. Code, State Government § 22-303 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-303
§22–303.
Status: in_force

(a) (1) A majority of the voting members shall constitute a quorum for:

(i) the transaction of any business; or

(ii) the exercise of any power or the performance of any duty authorized or imposed by law.

(2) Formal action may not be taken by the Board without the approval of a majority of the voting members of the Board.

(b) The Board shall set the times and places of its meetings, but shall meet at least once per month.

(c) (1) An appointed member of the Board is entitled to:

(i) the compensation provided in the State budget; and

(ii) reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

(2) The chair of the Board shall give full time to the duties of chair and is entitled to a salary as provided in the State budget.
Md. Code, State Government § 22-407 — MD Code / Article gsg / Title 22 / Subtitle 4 / Section 22-407
§22–407.
Status: in_force

Names or lists of employees provided to the Board in connection with an election under this subtitle are not subject to disclosure in accordance with Title 4 of the General Provisions Article.
Md. Code, Public Utilities § 22-111 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-111
§22–111.
Status: in_force

Each year the Commission shall:

(1) determine the amount necessary to pay the principal and interest requirements of the bonds; and

(2) set the water service charge of the sanitary district at a rate sufficient to pay:

(i) the cost of the service; and

(ii) the requirements of bonds, issued and outstanding, that are to be paid out of the water service.
Md. Code, Alcoholic Beverages and Cannabis § 22-2702 — MD Code / Article gab / Title 22 / Subtitle 27 / Section 22-2702
§22–2702.
Status: in_force

A license holder may not be found guilty of a violation of § 6–304 of this article if the license holder establishes to the satisfaction of the finder of fact that the license holder used due caution to establish that the individual was not under the age of 21 years.
Md. Code, Alcoholic Beverages and Cannabis § 22-602 — MD Code / Article gab / Title 22 / Subtitle 6 / Section 22-602
§22–602.
Status: in_force

A Class B beer license may not be issued in the county.
Md. Code, Health - General § 22-506 — MD Code / Article ghg / Title 22 / Subtitle 5 / Section 22-506
§22–506.
Status: in_force

(a) To enforce this subtitle, the Secretary or a representative of the Secretary at any reasonable time may:

(1) Enter and inspect any factory, warehouse, or establishment in which the Secretary believes hazardous material is manufactured, processed, packaged, or stored; and

(2) Enter and inspect any vehicle that is used to transport or hold hazardous materials in commerce.

(b) As part of any inspection under subsection (a) of this section, the Secretary may inspect any pertinent equipment, labeling, or finished or unfinished substance or toy.

(c) Before entering to make an inspection under this section, the Secretary or representative of the Secretary shall present appropriate credentials to the owner, operator, or agent in charge.

(d) (1) During an entry and inspection under this section, the Secretary or representative of the Secretary may obtain a sample of any substance, toy, package, or labeling.

(2) When obtaining a sample under this subsection, the Secretary or representative of the Secretary shall:

(i) Pay or offer to pay for the sample; and

(ii) Give the owner, operator, or agent in charge a receipt that describes the sample obtained.
Md. Code, Commercial Law § 22-816 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-816
§22–816.
Status: in_force

(a) In this section, “electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 22-815(b) of this subtitle.

(b) Notwithstanding the provisions of this section, electronic self-help is prohibited in mass-market transactions.

(c) Prior to cancellation of a license in which the parties have agreed to permit the use of electronic self-help, the licensor shall provide a licensee with the opportunity to cure the claimed breach giving rise to the cancellation as provided in § 22-703 of this title.

(d) On cancellation of a license, electronic self-help is not permitted, except as provided in this section.

(e) If the parties agree to permit electronic self-help, a licensee shall separately manifest assent to a term authorizing use of electronic self-help. The term must:

(1) Provide for notice of exercise as provided in subsection (f) of this section;

(2) State the name of the person designated by the licensee to which notice of exercise must be given and the manner in which notice must be given and place to which notice must be sent to that person; and

(3) Provide a simple procedure for the licensee to change the designated person or place.

(f) Before resorting to electronic self-help authorized by a term of the license, the licensor shall give notice in a record to the person designated by the licensee stating:

(1) That the licensor intends to resort to electronic self-help as a remedy on or after 30 days following receipt by the licensee of the notice;

(2) The nature of the claimed breach that entitles the licensor to resort to self-help; and

(3) The name, title, and address, including direct telephone number, facsimile number, or e-mail address, to which the licensee may communicate concerning the claimed breach.

(g) A licensee may recover direct and incidental damages caused by wrongful use of electronic self-help. The licensee may also recover consequential damages for wrongful use of electronic self-help, whether or not those damages are excluded by the terms of the license, if:

(1) Within the period specified in subsection (f)(1) of this section, the licensee gives notice to the licensor’s designated person describing in good faith the general nature and magnitude of damages;

(2) The licensor has reason to know the damages of the type described in subsection (h) of this section may result from the wrongful use of electronic self-help; or

(3) The licensor does not provide the notice required in subsection (f) of this section.

(h) Even if the licensor complies with subsections (e) and (f) of this section, electronic self-help may not be used if the licensor has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons not involved in the dispute.

(i) A court of competent jurisdiction of this State shall give prompt consideration to a petition for injunctive relief and may enjoin, temporarily or permanently, the licensor from exercising electronic self-help even if authorized by a license term or enjoin the licensee from misappropriation or misuse of computer information, as may be appropriate, upon consideration of the following:

(1) Grave harm of the kinds stated in subsection (h) of this section, or the threat thereof, whether or not the licensor has reason to know of those circumstances;

(2) Irreparable harm or threat of irreparable harm to the licensee or licensor;

(3) That the party seeking the relief is more likely than not to succeed under its claim when it is finally adjudicated;

(4) That all of the conditions to entitle a person to the relief under the laws of this State have been fulfilled; and

(5) That the party that may be adversely affected is adequately protected against loss, including a loss because of misappropriation or misuse of computer information, that it may suffer because the relief is granted under this title.

(j) Before breach of contract, rights or obligations under this section may not be waived or varied by an agreement, except that the parties may prohibit use of electronic self-help and the parties, in the term referred to in subsection (e) of this section, may specify additional provisions more favorable to the licensee.

(k) This section does not apply if the licensor obtains possession of a copy without a breach of the peace and the electronic self-help is used solely with respect to that copy.
Md. Code, Alcoholic Beverages and Cannabis § 22-1403 — MD Code / Article gab / Title 22 / Subtitle 14 / Section 22-1403
§22–1403.
Status: in_force

(a) The Board shall obtain criminal history record information of each applicant for a license from the Central Repository.

(b) The Board may obtain criminal history record information on license applicants and their agents from the county police, including the county sheriff’s department and all municipal police departments in the county.
Md. Code, Commercial Law § 22-814 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-814
§22–814.
Status: in_force

(a) Subject to subsection (b) of this section, on material breach of an access contract or if the agreement so provides, a party may discontinue all contractual rights of access of the party in breach and direct any person that is assisting the performance of the contract to discontinue its performance.

(b) Except as provided in subsection (c) of this section, before discontinuing all contractual rights of access in an access contract, a party shall give notice in a record to the party in breach stating:

(1) That the party intends to discontinue all contractual rights of access in the access contract on or after 3 days following the date notice is given;

(2) The nature of the claimed breach that entitles the party to discontinue all contractual rights of access in the access contract;

(3) The opportunity to cure as provided under § 22-703 of this title; and

(4) Information to allow for communication concerning the claimed breach, including the party’s:

(A) Address and telephone number; and

(B) (i) Facsimile number; or

(ii) E-mail address.

(c) The notice required in subsection (b) of this section is not required for a discontinuation to meet a statutory or legal requirement or due to a material breach of a contractual use term.
Md. Code, Health - General § 22-406 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-406
§22–406.
Status: in_force

(a) A guaranty under this section may be:

(1) A separate guaranty that specifically designates the product, fabric, or related material; or

(2) A continuing guaranty that:

(i) Is given by a seller to a buyer;

(ii) Applies to any product, fabric, or related material sold to the buyer; and

(iii) Is in the form the Department approves.

(b) A person may not manufacture, sell, or hold with intent to sell any new or unused product that does not comply with the flammability requirements of this subtitle.

(c) A person may not give a false guaranty.

(d) This section does not apply to a person who:

(1) Receives in good faith a product, fabric, or related material that is covered by a guaranty that is signed by and contains the name and address of the person who manufactured the product, fabric, or related material or from whom it was received;

(2) Has not altered the flammability of the product, fabric, or related material covered by the guaranty; and

(3) Reasonably and in good faith relies on the guaranty.
Md. Code, Commercial Law § 22-605 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-605
§22–605.
Status: in_force

(a) In this section, “automatic restraint” means a program, code, device, or similar electronic or physical limitation the intended purpose of which is to restrict use of information.

(b) A party entitled to enforce a limitation on use of information may include an automatic restraint in the information or a copy of it and use that restraint if:

(1) A conspicuous term of the agreement authorizes use of the restraint;

(2) The restraint prevents a use that is inconsistent with the agreement;

(3) The restraint prevents use after expiration of the stated duration of the contract or a stated number of uses; or

(4) The restraint prevents use after the contract terminates, other than on expiration of a stated duration or number of uses, and the licensor gives reasonable notice to the licensee before further use is prevented.

(c) This section does not authorize an automatic restraint that affirmatively prevents or makes impracticable a licensee’s access to its own information or information of a third party, other than the licensor, if that information is in the possession of the licensee or a third party and accessed without use of the licensor’s information or informational rights.

(d) A party that includes or uses an automatic restraint consistent with subsection (b) or (c) of this section is not liable for any loss caused by the use of the restraint.

(e) This section does not preclude electronic replacement or disabling of an earlier copy of information by the licensor in connection with delivery of a new copy or version under an agreement to replace or disable the earlier copy by electronic means with an upgrade or other new information.

(f) This section does not authorize use of an automatic restraint to enforce remedies in the event of breach of contract or of cancellation for breach.
Md. Code, Commercial Law § 22-109 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-109
§22–109.
Status: in_force

(a) The parties in their agreement may choose the applicable law.

(b) In the absence of an enforceable agreement on choice of law, the following rules determine which jurisdiction’s law governs in all respects for purposes of contract law:

(1) An access contract or a contract providing for electronic delivery of a copy is governed by the law of the jurisdiction in which the licensor was located when the agreement was entered into.

(2) A mass market transaction is governed by the law of Maryland.

(3) In all other cases, the contract is governed by the law of the jurisdiction having the most significant relationship to the transaction.

(c) In cases governed by subsection (b) of this section, if the jurisdiction whose law governs is outside the United States, the law of that jurisdiction governs only if it provides substantially similar protections and rights to a party not located in that jurisdiction as are provided under this title. Otherwise, the law of the state that has the most significant relationship to the transaction governs.

(d) For purposes of this section, a party is located at its place of business if it has one place of business, at its chief executive office if it has more than one place of business, or at its place of incorporation or primary registration if it does not have a physical place of business. Otherwise, a party is located at its primary residence.
Md. Code, Public Utilities § 22-115 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-115
§22–115.
Status: in_force

(a) The Commission may determine the amount of proceeds from the refunding bonds to deposit in a trust fund established in the name of the Commission with a trust company or other banking institution as trustee.

(b) (1) Money in the trust fund may be invested and reinvested in direct obligations of, or obligations the principal of which and the interest on which is guaranteed by, the United States.

(2) The Commission may provide for the use of money in the trust fund to pay all or part of the principal, interest, and redemption premium of the bonds being refunded and of the refunding bonds.

(3) The proceeds of the refunding bonds shall be invested and applied so that the principal, interest, and redemption premium on the bonds being refunded is paid in full on maturity, redemption, or interest payment dates.

(c) On or after the earliest redemption date, the Commission may call for redemption any bonds being refunded that are subject to redemption before the stated maturity dates.

(d) (1) The Commission may issue refunding bonds in one or more series.

(2) (i) The Commission shall determine the principal amount of each series required to achieve the purpose for the issuance of the refunding bonds.

(ii) The principal amount of the refunding bonds may be greater than the principal amount of bonds being refunded.

(e) In addition to or in lieu of any other money or security that the Commission may provide for the payment or security of the refunding bonds, the Commission may make all or part of the refunding bonds payable from money in and secured by the trust fund.

(f) (1) To retire and pay interest on refunding bonds issued under § 22–114 of this subtitle, each year the county councils of Montgomery County and Prince George’s County shall impose a tax on the assessable property within the sanitary district sufficient to pay:

(i) the interest on the bonds as it becomes due; and

(ii) the principal and redemption premium, if any, of the bonds at their maturity or redemption.

(2) If the series of refunding bonds is issued to refund stormwater management bonds, the county council of the respective county provided with the proceeds of the bonds being refunded shall impose the tax.

(3) The counties shall determine, impose, collect, and pay the tax to the Commission as provided under § 22–106 of this subtitle.

(4) The provisions of § 22–106 of this subtitle apply to the refunding bonds issued under § 22–114 of this subtitle.

(5) The Commission shall make adequate provision for extending to its rate payers the benefit of savings in debt service costs derived through the issuance of any refunding bonds issued under § 22–114 of this subtitle.

(g) Any provision of law requiring the setting and collecting of front foot benefit charges for the payment of the principal of and the interest on the outstanding bonds being refunded shall apply to the payment of the refunding bonds issued under § 22–114 of this subtitle to refund outstanding bonds.

(h) The powers granted under this section are not subject to the provisions of any other law in conflict with the powers.
Md. Code, Health - General § 22-601 — MD Code / Article ghg / Title 22 / Subtitle 6 / Section 22-601
§22–601.
Status: in_force

§22–601. IN EFFECT

** CONTINGENCY – CHAPTER 606 OF 2011 **

(a) A person may not sell or offer to sell any engine coolant or antifreeze that contains more than 10% ethylene glycol unless the coolant or antifreeze includes not less than 30 parts per million nor more than 50 parts per million denatonium benzoate.

(b) The provisions of this section do not apply to the sale of:

(1) A motor vehicle that contains engine coolant or antifreeze at the time of sale;

(2) A wholesale container of engine coolant or antifreeze designed to contain 55 gallons or more of engine coolant or antifreeze;

(3) Engine coolant or antifreeze reformulated through on–site recycling; or

(4) Engine coolant or antifreeze purchased in accordance with military specifications.

(c) (1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(2) Each day that a violation continues shall constitute a separate offense.
Md. Code, Commercial Law § 22-510 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-510
§22–510.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, on material breach of a financial accommodation contract by the accommodated licensee, the following rules apply:

(1) The financier may cancel the financial accommodation contract.

(2) Subject to paragraphs (3) and (4) of this subsection, the financier may pursue its remedies against the accommodated licensee under the financial accommodation contract.

(3) If the financier became a licensee and made a transfer or sublicense that was effective under § 22-508 of this subtitle, it may exercise the remedies of a licensor for breach, including the rights of an aggrieved party under § 22-815 of this title, subject to the limitations of § 22-816 of this title.

(4) If the financier did not become a licensee or did not make a transfer that was effective under § 22-508 of this subtitle, it may enforce a contractual right contained in the financial accommodation contract to preclude the licensee’s further use of the information. However, the following rules apply:

(A) The financier has no right to take possession of copies, use the information or informational rights, or transfer any contractual interest in the license.

(B) If the accommodated licensee agreed to transfer possession of copies to the financier in the event of material breach of the financial accommodation contract, the financier may enforce that contractual right only if permitted to do so under subsection (b)(1) of this section and § 22-503 of this subtitle.

(b) The following additional limitations apply to a financier’s remedies under subsection (a) of this section:

(1) A financier described in subsection (a)(3) of this section which is entitled under the financial accommodation contract to take possession or prevent use of information, copies, or related materials may do so only if the licensor consents or if doing so would not result in a material adverse change of the duty of the licensor, materially increase the burden or risk imposed on the licensor, disclose or threaten to disclose trade secrets or confidential material of the licensor, or materially impair the licensor’s likelihood or expectation of obtaining return performance.

(2) The financier may not otherwise exercise control over, have access to, or sell, transfer, or otherwise use the information or copies without the consent of the licensor unless the financier or transferee is subject to the terms of the license and:

(A) The licensee owns the licensed copy, the license does not preclude transfer of the licensee’s contractual rights, and the transfer complies with federal copyright law for the owner of a copy to make the transfer; or

(B) The license is transferable by its express terms and the financier fulfills any conditions to, or complies with any restrictions on, transfer.

(3) The financier’s remedies under the financial accommodation contract are subject to the licensor’s rights and the terms of the license.
Md. Code, Land Use § 22-214 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-214
§22–214.
Status: in_force

(a) In approving any zoning map amendment, the district council may consider and adopt any reasonable requirements, safeguards, and conditions that:

(1) may be necessary to protect surrounding properties from adverse effects that might accrue from the zoning map amendment; or

(2) would further enhance the coordinated, harmonious, and systematic development of the regional district.

(b) (1) A statement of any condition provided under subsection (a) of this section shall be included in the resolution granting the amendment.

(2) The conditions shall remain in effect for so long as the property remains zoned in accordance with the resolution and the applicable zoning classification requested.

(3) A building permit, use permit, or subdivision plat may not be issued or approved for the property except in accordance with conditions set forth in the resolution.

(c) (1) An applicant has 90 days from the date of approval to accept or reject the land use classification conditionally approved.

(2) If the applicant expressly rejects the amendment as conditionally approved within the 90–day period, the zoning classification shall revert to its prior status.

(d) Notwithstanding any other provision of this section, the district council may not impose any requirement, safeguard, or condition that would require the dedication of land for public use except for roads and easements.

(e) The district council may adopt local laws necessary to provide adequate notice, public hearings, and enforcement procedures for the implementation of this section.

(f) If any resolution, or any part or condition of any resolution, passed by the district council in accordance with this section is declared invalid by any court of competent jurisdiction:

(1) the zoning category applicable to the property rezoned by the resolution shall revert to the category applicable before the passage of the resolution; and

(2) the resolution shall be null and void and of no effect.
Md. Code, State Personnel and Pensions § 22-406 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-406
§22–406.
Status: in_force

(a) In this section, “area of critical shortage” means an academic field identified by the State Department of Education in accordance with the provisions of § 18–703(g)(1) of the Education Article as having projected employment vacancies that substantially exceed projected qualified graduates.

(b) Except as provided in subsection (d) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if:

(1) the individual immediately notifies the Board of Trustees of the individual’s intention to accept this employment; and

(2) the individual specifies the compensation to be received.

(c) (1) Except as provided in § 22–407 of this subtitle, the Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (b) of this section if:

(i) the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance;

(ii) 1. the individual’s current employer is any unit of State government; and

2. the individual’s employer at the time of the individual’s last separation from employment with the State before the individual commenced receiving a service retirement allowance or vested allowance was also a unit of State government; or

(iii) the individual becomes reemployed within 12 months of receiving an early service retirement allowance under § 22–402 of this subtitle.

(2) (i) Except as provided in subparagraph (ii) of this paragraph and subject to subparagraphs (iii) and (iv) of this paragraph, the reduction required under paragraph (1) of this subsection shall equal:

1. the amount by which the sum of the individual’s initial annual basic allowance and the individual’s annual compensation exceeds the average final compensation used to compute the basic allowance; or

2. for a retiree who retired under the Workforce Reduction Act (Chapter 353 of the Acts of 1996), the amount by which the sum of the retiree’s annual compensation and the retiree’s annual basic allowance at the time of retirement, including the incentive provided by the Workforce Reduction Act, exceeds the average final compensation used to compute the basic allowance.

(ii) 1. This subparagraph applies to a retiree of the Teachers’ Retirement System who as faculty received a 10–month salary and retired directly from:

A. the University System of Maryland;

B. Morgan State University;

C. St. Mary’s College; or

D. a community college established or operating under Title 16 of the Education Article.

2. The reduction required under paragraph (1) of this subsection shall equal the amount by which the sum of the retiree’s initial annual basic allowance and the retiree’s annual compensation, as calculated in subsubparagraph 3 of this subparagraph, exceeds the average final compensation of the retiree used to compute the basic allowance.

3. The calculation of the retiree’s annual compensation in subsubparagraph 2 of this subparagraph does not include any of the following earnings the retiree received during the previous calendar year from the employer with whom the retiree is reemployed:

A. bonuses;

B. overtime;

C. summer school salaries;

D. adult education salary;

E. additional temporary payments from special research projects;

F. honorariums; and

G. vehicle stipends.

(iii) Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for:

1. if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or

2. if the retiree retired from a participating employer other than the State, the approved monthly medical insurance premiums required by the participating employer that employed the retiree at the time of the retiree’s retirement.

(iv) The Board of Trustees shall recover from the retiree any difference between the reduction required under subparagraph (i) of this paragraph and the reduction taken under subparagraph (iii) of this paragraph.

(3) A reduction of an early service retirement allowance under paragraph (1)(iii) of this subsection shall be applied only until the individual has received an allowance for 12 months.

(4) Except for an individual whose allowance is subject to a reduction as provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance under this subsection does not apply to:

(i) an individual who has been retired for 5 years, beginning on January 1 after the date the individual retires;

(ii) an individual whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year and who is reemployed on a permanent, temporary, or contractual basis;

(iii) an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit;

(iv) a retiree of the Teachers’ Retirement System:

1. who retired and was reemployed by a participating employer other than the State on or before September 30, 1994; and

2. whose employment compensation does not derive, in whole or in part, from State funds;

(v) a retiree of the Teachers’ Retirement System who:

1. is or has been certified to teach in the State;

2. has verification of satisfactory or better performance in the last assignment prior to retirement;

3. based on the retired teacher’s qualifications, has been appointed in accordance with § 4–103 of the Education Article; and

4. receives verification of satisfactory or better performance each year the teacher is employed under paragraph (5) of this subsection;

(vi) a retiree of the Teachers’ Retirement System who:

1. A. was employed as a principal within 5 years of retirement; or

B. was employed as a principal not more than 10 years before retirement and was employed in a position supervising principals in the retiree’s last assignment prior to retirement;

2. has verification of satisfactory performance for each year as a principal and, if applicable, in a position supervising principals prior to retirement;

3. based on the retiree’s qualifications, has been hired as a principal; and

4. receives verification of satisfactory performance each year the retiree is employed as a principal under paragraph (6) of this subsection;

(vii) a former employee of the Domestic Relations Division of Anne Arundel County Circuit Court who transfers into the State Employees’ Personnel System under § 2–510 of the Courts Article;

(viii) a retiree of the Employees’ Retirement System who is reemployed on a contractual basis by the Maryland Department of Health as a health care practitioner, as defined in § 1–301 of the Health Occupations Article, in:

1. a State residential center as defined in § 7–101 of the Health – General Article;

2. a chronic disease center subject to Title 19, Subtitle 5 of the Health – General Article;

3. a State facility as defined in § 10–101 of the Health – General Article; or

4. a local health department subject to Title 3, Subtitle 2 of the Health – General Article;

(ix) a retiree of the Employees’ Retirement System and the Judges’ Retirement System who is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution;

(x) a retiree of the Employees’ Retirement System who is reemployed on a contractual basis for not more than 4 years as a parole and probation employee in a position authorized under Title 6, Subtitle 1 of the Correctional Services Article; or

(xi) a retiree of the Teachers’ Retirement System who is reemployed by a local school system or the Maryland School for the Deaf and is rehired in accordance with paragraph (8) of this subsection.

(5) (i) An individual who is rehired under paragraph (4)(v) of this subsection shall be employed as a classroom teacher, substitute classroom teacher, or teacher mentor in:

1. a public school that:

A. is a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

B. is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

C. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

D. provides an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school; or

2. the Maryland School for the Deaf.

(ii) An individual rehired at a school described under subparagraph (i) of this paragraph shall teach:

1. in an area of critical shortage;

2. a special education class for students with special needs; or

3. a class for students with limited English proficiency.

(6) An individual who is rehired under paragraph (4)(vi) of this subsection shall be employed as a principal at:

(i) a public school that:

1. is a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

2. is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

3. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

4. provides an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school; or

(ii) the Maryland School for the Deaf.

(7) An individual who is reemployed under paragraph (4)(v) or (vi) of this subsection at a school described under paragraph (5) or (6) of this subsection may not continue that reemployment for more than 5 consecutive years.

(8) (i) In addition to any individuals rehired in accordance with paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each superintendent of a local school system and the superintendent of the Maryland School for the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ Retirement System in any position in the superintendent’s local school system or the Maryland School for the Deaf.

(ii) The number of individuals rehired under subparagraph (i) of this paragraph for each local school system or the Maryland School for the Deaf may not exceed a total of five retirees at any one time when added to the number of individuals rehired under § 23–407(c)(8)(i) of this article for that same local school system or the Maryland School for the Deaf.

(9) (i) The superintendent of the local school system or the superintendent of the Maryland School for the Deaf rehiring an individual under paragraph (4)(v) or (vi) of this subsection shall:

1. approve the rehiring of that individual; and

2. determine the school where the individual is to be reemployed.

(ii) Within 30 days after rehiring an individual under paragraph (4)(v) or (vi) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (4)(v) or (vi) of this subsection:

1. satisfied the criteria provided in paragraph (4)(v) or (vi) of this subsection;

2. was reemployed at a school described under paragraph (5)(i) or (6) of this subsection; and

3. if rehired under paragraph (4)(v) of this subsection, was teaching in an area specified in paragraph (5)(ii) of this subsection.

(iii) Within 30 days after rehiring an individual under paragraph (8) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (8) of this subsection satisfied the criteria provided in paragraph (8) of this subsection.

(iv) 1. On or before April 1 of each year, the Board of Trustees and the State Department of Education shall jointly review any forms filed by a superintendent of a local school system or the superintendent of the Maryland School for the Deaf under subparagraph (ii) of this paragraph during the previous calendar year.

2. If the Board of Trustees and the State Department of Education agree that a superintendent of a local school system or the Maryland School for the Deaf has rehired an individual that does not satisfy the criteria provided in paragraphs (4)(v) and (5), paragraphs (4)(vi) and (6), or paragraph (8) of this subsection:

A. on or before July 1 of the year of the finding, the Board of Trustees shall notify the superintendent of the local school system or the Maryland School for the Deaf of this individual; and

B. the local school system or the Maryland School for the Deaf shall reimburse the Board of Trustees the amount equal to the reduction to the individual’s retirement allowance that would have been made in paragraph (2) of this subsection.

(v) If a superintendent of a local school system or the superintendent of the Maryland School for the Deaf rehires an individual that satisfies the criteria provided in paragraphs (4)(v) or (vi) and (5), (6), or (8) of this subsection and the Board of Trustees and the State Department of Education do not receive certification from the superintendent in the time required under subparagraph (ii) of this paragraph:

1. on or before July 1 of the year of the finding, the Board of Trustees shall notify the superintendent of the local school system or the superintendent of the Maryland School for the Deaf of this individual; and

2. the local school system or the Maryland School for the Deaf shall pay the Board of Trustees $50 for each month the superintendent fails to submit the certification under subparagraph (ii) of this paragraph in the time required, not to exceed a total of $1,000 for each individual whose certification is not submitted in the time required.

(vi) The local school system or the Maryland School for the Deaf shall make the reimbursement on or before December 31 of the year the local school system or the Maryland School for the Deaf receives notice from the Board of Trustees under subparagraph (iv)2A of this paragraph.

(10) On or before August 1 of each year, the local superintendent and the superintendent of the Maryland School for the Deaf shall report to the State Department of Education for the previous school year:

(i) the number of individuals rehired under paragraph (4)(v) or (vi) or (8) of this subsection;

(ii) 1. the school and school system where each individual was rehired; and

2. whether the school:

A. was a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

B. was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

C. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

D. provided an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school;

(iii) the original date of rehire for each individual;

(iv) the subject matter taught by each individual;

(v) if hired under paragraph (8) of this subsection, the position title of each individual;

(vi) the annual salary of each individual; and

(vii) the percentage of student population composed of children in poverty that is required to be present in a school in that school system in order for that school to qualify as a Title 1 school.

(d) An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:

(1) the State or other participating employer; or

(2) a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.

(e) An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.

(f) The individual’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21–303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.

(g) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.

(h) (1) Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.

(2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.

(i) The State Department of Education shall adopt regulations to carry out this section.

(j) At the request of the State Retirement Agency:

(1) a participating employer shall certify to the State Retirement Agency that it is not the same participating employer that employed an individual at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance; or

(2) a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance.

(k) The Maryland Department of Health shall notify the State Retirement Agency of any retirees who qualify under subsection (c)(4)(viii) of this section.

(l) On or before September 1 of each year, the Secretary of Health shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:

(1) the number of rehired retirees under subsection (c)(4)(viii) of this section;

(2) the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;

(3) the number of health care practitioners hired who are not retirees; and

(4) the annual salary of each health care practitioner who is hired.

(m) On or before October 1 of each year, the State Superintendent of Schools shall submit a report for the previous school year, to the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, that provides:

(1) (i) the number of rehired retirees under subsection (c)(4)(v) and (vi) and (8) of this section;

(ii) 1. the school and school system where each retiree was rehired; and

2. whether the school:

A. was not making adequate yearly progress or was a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

B. was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

C. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

D. provided an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school;

(iii) a copy of the annual staffing report generated by the State Superintendent of Schools in accordance with § 18–703(g)(1) of the Education Article certifying areas of critical shortage for the previous school year as evidenced by projected employment vacancies substantially exceeding projected qualified graduates;

(iv) the subject matter that each rehired retiree was teaching;

(v) the salary of each rehired retiree;

(vi) the total number of years each retiree has been reemployed at the school where the retiree was rehired for the previous school year; and

(vii) the percentage of student population composed of children in poverty that is required to be present in a school in that school system in order for that school to qualify as a Title 1 school; and

(2) the number of retirees rehired under subsection (c)(8) of this section.

(n) On or before September 1 of each year, the Secretary of Public Safety and Correctional Services shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:

(1) the number of rehired retirees under subsection (c)(4)(x) of this section;

(2) the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;

(3) the number of parole and probation employees hired who are not retirees; and

(4) the annual salary of each parole and probation employee who is hired.
Md. Code, State Government § 22-403 — MD Code / Article gsg / Title 22 / Subtitle 4 / Section 22-403
§22–403.
Status: in_force

(a) (1) Except as otherwise provided in this title, Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, or Title 3 of the State Personnel and Pensions Article, the Board shall determine the appropriateness of each bargaining unit.

(2) If there is no dispute about the appropriateness of the establishment of the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit.

(3) If there is a dispute about the appropriateness of the establishment of the bargaining unit, the Board shall:

(i) conduct a hearing; and

(ii) issue an order defining an appropriate bargaining unit.

(b) If the appropriate bargaining unit as determined by the Board differs from the bargaining unit described in the petition, the Board may:

(1) dismiss the petition; or

(2) direct an election in the appropriate bargaining unit if at least 30% of the signatures included in the petition are of employees in the appropriate bargaining unit.

(c) A bargaining unit may consist only of public employees.
Md. Code, Transportation § 22-304 — MD Code / Article gtr / Title 22 / Subtitle 3 / Section 22-304
§22–304.
Status: in_force

(a) The Administrator is authorized to require an inspection of the braking system on any motorcycle and to disapprove any braking system on a vehicle that he finds will not comply with the performance ability standard set forth in § 22-302 of this subtitle or that, in his opinion, is equipped with a braking system that is not so designed or constructed as to insure reasonable and reliable performance in actual use.

(b) The Administrator may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when he determines that the braking system on it does not comply with the provisions of this section.

(c) A person may not operate on any highway any vehicle referred to in this section if the Administrator has disapproved the braking system on the vehicle.
Md. Code, Transportation § 22-215 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-215
§22–215.
Status: in_force

(a) Every farm tractor and every self-propelled unit of farm equipment, at all times mentioned in § 22-201.1 of this subtitle, shall be equipped with two single-beam or multiple-beam headlamps meeting the requirements of § 22-222 or § 22-224 of this subtitle, respectively, or, as an alternative, § 22-225 of this subtitle, and at least two red lamps visible when lighted from a distance of not less than 1,000 feet to the rear; and at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful upper beams of headlamps.

(b) (1) Every combination of farm tractor and towed farm equipment, at all times mentioned in § 22-201.1 of this subtitle, shall be equipped with lamps as provided in this subsection.

(2) The farm tractor element of the combination shall be equipped as required in subsection (a) of this section.

(3) The towed unit of farm equipment of the combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not less than 1,000 feet to the rear, and two red reflectors visible to the rear from all distances within 600 feet to 100 feet to the rear when directly in front of lawful upper beams of headlamps.

(4) The combination also shall be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible when lighted from a distance of not less than 1,000 feet to the front. This lamp shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the combination carrying it.

(c) The two red lamps and the two red reflectors required in this section on a self-propelled unit of farm equipment or combination of farm tractor and towed farm equipment shall be positioned to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them.
Md. Code, State Personnel and Pensions § 22-219 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-219
§22–219.
Status: in_force

(a) This section applies only to a member who is subject to Selection A (Additional member contributions) on October 1, 1994.

(b) A member who is subject to Selection A (Additional member contributions) shall:

(1) receive an allowance for all creditable service as follows:

(i) for normal service retirement as provided by § 22–401 of this title;

(ii) for early service retirement as provided by § 22–402 of this title;

(iii) for ordinary disability retirement as provided by § 29–106 of this article; and

(iv) for accidental disability retirement as provided by § 29–110 of this article;

(2) have the allowance adjusted as provided in §§ 29–401 through 29–403 of this article; and

(3) make the member contributions at the rate specified by § 22–214(a) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 22-1703 — MD Code / Article gab / Title 22 / Subtitle 17 / Section 22-1703
§22–1703.
Status: reserved

(a) The Board shall transfer a license that is issued for use in a business if:

(1) the business is sold to a different owner; and

(2) the new owner qualifies as a license holder.

(b) (1) This subsection applies to the resident applicant of a licensed establishment for which a license was transferred after July 1, 1984, on behalf of a corporation, an unincorporated entity, or a limited liability company.

(2) The resident applicant:

(i) 1. if the transferred license is a Class A beer and wine license or a Class A–1 or Class A–2 beer, wine, and liquor license, shall own at least 25% of the total corporation, unincorporated entity, or limited liability company;

2. if the transferred license is any type of license other than one specified in item 1 or 3 of this item, shall own at least 10% of the total business; or

3. for a Class C–1, Class C–2, or Class C–3 license, may own any amount or no amount of the total corporation, unincorporated entity, or limited liability company;

(ii) shall serve as manager or supervisor; and

(iii) shall be physically present on the premises a substantial amount of time on a daily basis.
Md. Code, Alcoholic Beverages and Cannabis § 22-1902 — MD Code / Article gab / Title 22 / Subtitle 19 / Section 22-1902
§22–1902.
Status: in_force

(a) A license holder may not:

(1) employ or allow an individual under the age of 18 years to sell or serve alcoholic beverages; or

(2) except as provided in subsection (b) of this section, employ an individual under the age of 21 years to act as a bartender or to serve alcoholic beverages at a permanent full–service bar.

(b) An individual at least 18 years old may act as a bartender or serve alcoholic beverages at a permanent full–service bar if the individual is the son or daughter of the owner of the licensed premises.

(c) A license holder may employ:

(1) an individual at least 18 years old to serve alcoholic beverages while acting as a server; or

(2) an individual at least 16 years old to act as a bartender’s assistant who:

(i) may replace ice, remove trash, or perform similar tasks that do not involve alcoholic beverages; but

(ii) may not engage in the distribution or sale of alcoholic beverages.
Md. Code, Commercial Law § 22-803 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-803
§22–803.
Status: in_force

(a) Except as otherwise provided in this section and in § 22-804 of this subtitle:

(1) An agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title or a party’s other remedies under this title, such as by precluding a party’s right to cancel for breach of contract, limiting remedies to returning or delivering copies and repayment of the contract fee, or limiting remedies to repair or replacement of the nonconforming copies; and

(2) Resort to a contractual remedy is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(b) Subject to subsection (c) of this section, if performance of an exclusive or limited remedy causes the remedy to fail of its essential purpose, the aggrieved party may pursue other remedies under this title.

(c) Failure or unconscionability of an agreed exclusive or limited remedy makes a term disclaiming or limiting consequential or incidental damages unenforceable unless the agreement expressly makes the disclaimer or limitation independent of the agreed remedy.

(d) Consequential damages and incidental damages may be excluded or limited by agreement unless the exclusion or limitation is unconscionable. Exclusion or limitation of consequential damages for personal injury in a consumer contract for a computer program that is subject to this title and is contained in consumer goods is prima facie unconscionable, but exclusion or limitation of damages for a commercial loss is not unconscionable.
Md. Code, Alcoholic Beverages and Cannabis § 22-1309 — MD Code / Article gab / Title 22 / Subtitle 13 / Section 22-1309
§22–1309.
Status: in_force

(a) (1) A simple majority of the total number of the members of the Board may act to approve or deny an application for a per diem license:

(i) in a formal meeting, with a quorum present; or

(ii) in accordance with paragraph (2) of this subsection, through oral or written contact by any method by the chair with each member of the Board.

(2) The chair shall make a written record under paragraph (1)(ii) of this subsection of how each member and the chair voted.

(b) The Board may not require the publication of an application for a per diem license as a prerequisite to the issuing of the license.
Md. Code, Alcoholic Beverages and Cannabis § 22-1005.1 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1005.1
§22–1005.
Status: in_force

§22–1005.1.

(a) There is a Class MT (movie theater) beer, wine, and liquor license.

(b) (1) The Board may issue the license for use by the owner of a movie theater.

(2) To be eligible for the license, the owner of a movie theater is required to provide documentation to the Board that the owner has made an investment of at least $250,000 in the movie theater.

(3) The Board may issue not more than five Class MT licenses to the same person.

(c) (1) The license holder may sell beer, wine, and liquor for on–premises consumption from 4 p.m. to midnight on the days that the movie theater is open.

(2) Beer, wine, and liquor may be sold only:

(i) in single–serve containers; and

(ii) from a counter separate from a counter serving candy, popcorn, and nonalcoholic beverages.

(3) A movie theater for which the license is issued:

(i) is subject to the alcohol awareness training requirements under § 4–505 of this article; and

(ii) shall offer for sale food other than candy and popcorn.

(d) The annual license fee is $1,000.
Md. Code, Land Use § 22-104 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-104
§22–104.
Status: in_force

(a) The Montgomery County district council or the Prince George’s County district council, in accordance with the requirements of this division as to the portion of the regional district located in the respective county, may:

(1) by local law adopt and amend the text of the zoning law for that county; and

(2) by local law adopt and amend any map accompanying the text of the zoning law for that county.

(b) The local law may regulate:

(1) (i) the location, height, bulk, and size of each building or other structure, and any unit in the building or structure;

(ii) building lines;

(iii) minimum frontage;

(iv) the depth and area of each lot; and

(v) the percentage of a lot that may be occupied;

(2) the size of lots, yards, courts, and other open spaces;

(3) the construction of temporary stands and structures;

(4) the density and distribution of population;

(5) the location and uses of buildings and structures and any units in those buildings and structures for:

(i) trade;

(ii) industry;

(iii) residential purposes;

(iv) recreation;

(v) agriculture;

(vi) public activities; and

(vii) other purposes; and

(6) the uses of land, including surface, subsurface, and air rights for the land, for building or for any of the purposes described in item (5) of this subsection.

(c) The exercise of authority by a district council under this section is limited by §§ 17–402 and 25–211 of this article.
Md. Code, Health - General § 22-307 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-307
§22–307.
Status: in_force

(a) Unless a written protest is filed with the Secretary, a rule or regulation proposed by the Secretary under this subtitle takes effect on the date the Secretary designates but not earlier than 90 days after publication.

(b) Any person who may be affected adversely by a rule or regulation that is proposed by the Secretary under this subtitle may:

(1) File a protest within 30 days after publication of the proposed rule or regulation; and

(2) Request a hearing.
Md. Code, Alcoholic Beverages and Cannabis § 22-1004.2 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1004.2
§22–1004.
Status: in_force

§22–1004.2.

(a) There is a hotel lobby license.

(b) The Board may issue the license for use by a hotel that does not have a restaurant.

(c) (1) A license authorizes the license holder to sell beer, wine, and liquor from a store in the hotel lobby to patrons of the hotel for on–premises consumption.

(2) Beer may be sold only in a can or bottle that does not exceed 12 ounces.

(3) Wine may be sold only in a bottle that does not exceed 750 milliliters.

(4) Liquor may be sold only in a bottle that does not exceed 50 milliliters.

(d) A license holder may sell beer, wine, and liquor:

(1) on Monday through Saturday, from noon to 10 p.m.; and

(2) on Sunday, from 11 a.m. to 10 p.m.

(e) A license holder may not sell beer, wine, and liquor:

(1) through a vending machine; or

(2) by stocking beer, wine, and liquor in a guest room for purchase.

(f) The annual license fee is $1,250.
Md. Code, Commercial Law § 22-110 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-110
§22–110.
Status: in_force

(a) (1) The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust.

(2) In a mass market transaction, the enforceability of a choice of forum term shall be decided by a Maryland court.

(b) A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides.

(c) Notwithstanding the provisions of this section or a contrary term in an agreement, the parties to a computer information transaction that is for the creation of computer information may, by mutual consent, choose an alternative dispute resolution mechanism, including mediation, arbitration, or other nonjudicial dispute resolution process, as the means for resolving a dispute under the agreement.
Md. Code, State Government § 22-302 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-302
§22–302.
Status: reserved

(a) The Board consists of the following five members:

(1) a chair appointed by the Governor with the advice and consent of the Senate, representing the public;

(2) two members chosen from a list of candidates submitted by each exclusive representative, appointed by the Governor with due regard for any candidates who have majority or plurality support from exclusive representatives, with the advice and consent of the Senate; and

(3) two members chosen from a list of candidates submitted by public employers, appointed by the Governor with the advice and consent of the Senate.

(b) Each member of the Board:

(1) must have knowledge of and experience with labor law, labor mediation, or labor negotiations;

(2) may not be officers or employees of a public employer, or of an employee organization; and

(3) must be known for objective and independent judgment.

(c) Before taking office, each member shall take the oath required by Article I, § 9 of the Maryland Constitution.

(d) (1) The term of a member is 6 years.

(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 2023.

(3) A vacancy shall be filled for an unexpired term in the same manner as an original appointment.

(4) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e) The Governor may remove a member only for incompetence or misconduct.

(f) In making appointments to the Board, the Governor shall ensure, to the extent practicable, that the ratio of male to female members and the racial makeup of the Board is reflective of the general population of the State.
Md. Code, State Government § 22-101 — MD Code / Article gsg / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) “Board” means the Public Employee Relations Board.

(c) Unless specifically provided otherwise, “day” means a calendar day.

(d) “Employee organization” means a labor organization in which public employees participate and that has as one of its primary purposes representing public employees.

(e) “Exclusive representative” means an employee organization that has been certified by the Board as an exclusive representative under Subtitle 4 of this title.

(f) “Interested employee organization” means:

(1) an employee organization already representing employees in a bargaining unit; or

(2) a petitioner who has met the showing of interest requirement under § 22–402 of this title.

(g) “Lockout” means action taken by a public employer to:

(1) interrupt or prevent the continuity of the employees’ usual work for the purpose and with the intent of coercing the employees into relinquishing rights guaranteed by this title; or

(2) bring economic pressure on employees for the purpose of securing the agreement of their executive representative to collective bargaining agreement terms.

(h) “Public employee” means an individual who holds a position by appointment or employment in the service of a public employer with collective bargaining rights under Title 3 of the State Personnel and Pensions Article or Title 6, Subtitle 4 or 5 or Title 16, Subtitle 7 of the Education Article.

(i) “Public employer” means:

(1) the State, including any unit, department, or instrumentality of the State;

(2) a community college listed under § 16–702(b) of the Education Article; and

(3) a county board of education or the Baltimore City Board of School Commissioners.

(j) (1) “Showing of interest form” means a written statement from a public employee who wishes to be represented by a petitioning employee organization for the purpose of collective bargaining.

(2) “Showing of interest form” includes:

(i) a union authorization card; or

(ii) a union membership card.

(k) (1) “Strike” means any concerted action to impede the full and proper performance of employment duties in order to induce, influence, coerce, or enforce demands for a change in wages, hours, terms, or other conditions of employment.

(2) “Strike” includes a total or partial:

(i) refusal or failure to report to work;

(ii) refusal or failure to perform employment duties;

(iii) withdrawal from work;

(iv) work stoppage; or

(v) work slowdown.
Md. Code, Commercial Law § 22-309 — MD Code / Article gcl / Title 22 / Subtitle 3 / Section 22-309
§22–309.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, an agreement that provides that the performance of one party is to be to the satisfaction or approval of the other party requires performance sufficient to satisfy a reasonable person in the position of the party that must be satisfied.

(b) Performance must be to the subjective satisfaction of the other party if:

(1) The agreement expressly so provides, such as by stating that approval is in the “sole discretion” of the party, or words of similar import; or

(2) The agreement is for informational content to be evaluated in reference to subjective characteristics such as aesthetics, appeal, suitability to taste, or subjective quality.
Md. Code, Alcoholic Beverages and Cannabis § 22-1006 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1006
§22–1006.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Concession manager” means a person that provides and supervises under contract the comprehensive management of all food and beverage concession sales on the licensed premises.

(3) “Licensed premises” includes the stadium facility and stadium parking lots.

(b) There is a stadium beer, wine, and liquor license.

(c) The Board may issue the license for a stadium to the owner, lessee, or concession manager of a professional baseball stadium.

(d) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.

(2) The license holder may sell, serve, or allow the consumption of beer, wine, and liquor on the stadium parking lots only with the prior written approval of the Board.

(e) (1) Subject to paragraph (2) of this subsection, the license holder may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(2) During a baseball game, a holder of a stadium license may not sell beer, wine, or liquor:

(i) after the beginning of the eighth inning; or

(ii) during a doubleheader game, after the beginning of the sixth inning of the second game.

(f) (1) An individual who serves beer, wine, and liquor on the licensed premises shall hold a certificate from an alcohol awareness program that the Board approves.

(2) (i) Subject to subparagraph (ii) of this paragraph, an individual may serve beer, wine, and liquor during a baseball game.

(ii) An individual may serve beer, wine, and liquor in a glass container only on the club level, in an area in the stadium designated by the license holder to hold a special event, or in a dining area where patrons are seated.

(3) (i) This paragraph does not apply to wine and liquor served on the club level, in an area in the stadium designated by the license holder to hold a special event, or in a dining area where patrons are seated.

(ii) An individual may dispense wine and liquor during a baseball game only from a stationary structure that is in the stadium and equipped with a motor vehicle driver’s license scanner.

(4) A license holder may not allow a roving vendor to dispense wine and liquor.

(5) A license holder may not allow a person to carry beer, wine, and liquor onto or off of the licensed premises.

(g) The annual license fee is $7,000.
Md. Code, Alcoholic Beverages and Cannabis § 22-1404 — MD Code / Article gab / Title 22 / Subtitle 14 / Section 22-1404
§22–1404.
Status: in_force

The Board shall destroy the criminal history record information obtained under § 4–107 of this article on completion of the application process.
Md. Code, Transportation § 22-412.1 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-412.1
§22–412.
Status: in_force

§22–412.1.

Every motor vehicle that is used by nursery schools, camps, day nurseries, or child care centers for children with an intellectual disability to transport children shall be equipped with seat belts for each seat and shall be subject to any other regulations adopted by the Administration, unless the motor vehicle:

(1) Is a Type I school vehicle; or

(2) Was formerly registered as a Type I school vehicle.
Md. Code, State Personnel and Pensions § 22-217 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-217
§22–217.
Status: in_force

Membership ends if the member:

(1) is separated from employment for more than:

(i) 4 years, if a member of the Employees’ Retirement System; or

(ii) 5 years, if a member of the Teachers’ Retirement System;

(2) withdraws the member’s accumulated contributions;

(3) transfers to the Employees’ Pension System or Teachers’ Pension System;

(4) becomes a retiree; or

(5) dies.
Md. Code, Transportation § 22-214 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-214
§22–214.
Status: in_force

(a) Every vehicle shall be equipped with one or more lamps that, when lighted, display a white or amber light visible from a distance of 1,000 feet to the front of the vehicle, and a red light visible from a distance of 1,000 feet to the rear of the vehicle. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle that is closest to passing traffic. This subsection does not apply to motorcycles.

(b) Whenever a vehicle is parked or stopped on a roadway, whether attended or unattended, when there is insufficient light to reveal any person or object within a distance of 1,000 feet on the highway, the vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this section, but it is not necessary to display the lamps on a vehicle that is lawfully parked on a part of a roadway that is ordinarily or customarily used for parking vehicles.

(c) All lighted headlamps on a parked vehicle shall be depressed or dimmed.
Md. Code, Commercial Law § 22-214 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-214
§22–214.
Status: in_force

(a) In this section, “electronic error” means an error in an electronic message created by a consumer using an information processing system if a reasonable method to detect and correct or avoid the error was not provided.

(b) In an automated transaction, a consumer is not bound by an electronic message that the consumer did not intend and which was caused by an electronic error, if the consumer:

(1) Promptly on learning of the error:

(A) Notifies the other party of the error; and

(B) Causes delivery to the other party or, pursuant to reasonable instructions received from the other party, delivers to another person or destroys all copies of the information; and

(2) Has not used, or received any benefit or value from, the information or caused the information or benefit to be made available to a third party.

(c) If subsection (b) of this section does not apply, the effect of an electronic error is determined by other law.
Md. Code, Health - General § 22-201 — MD Code / Article ghg / Title 22 / Subtitle 2 / Section 22-201
§22–201.
Status: in_force

(a) A person may not sell or otherwise provide bichloride of mercury in a tablet that contains more than one-tenth of a grain of bichloride of mercury unless the tablet:

(1) Has the word “Poison” impressed or embossed on it;

(2) Is triangular, diamond, square, oblong, or irregular in shape;

(3) Is blue, green, or purple in color; and

(4) Is contained in a bottle that has the word “Poison” blown in one side of the bottle and a label on the opposite side that bears the word “Poison” in conspicuous letters.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment in jail not exceeding 3 months, or both.
Md. Code, Alcoholic Beverages and Cannabis § 22-908 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-908
§22–908.
Status: in_force

(a) There is:

(1) a 6–day Class C–2 (organization or club) beer, wine, and liquor license; and

(2) a 7–day Class C–2 (organization or club) beer, wine, and liquor license.

(b) The Board may issue the 6–day license or the 7–day license for use by a fraternal organization that:

(1) is a lodge or chapter of a nationally chartered fraternal organization;

(2) is composed of inducted members;

(3) operates a clubhouse or building:

(i) for the use of its members; and

(ii) that has facilities for preparing and serving food on the premises to members and guests; and

(4) has at least 100 members paying the dues that were required by its national organization in the year immediately preceding the year for which the license was applied for or issued, as determined by the Board.

(c) (1) The 6–day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Saturday at a club at the place described in the license, for on–premises consumption by members and guests.

(2) The 7–day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Sunday at a club at the place described in the license, for on–premises consumption by members and guests.

(3) (i) The 6–day license and the 7–day license authorize the license holder to sell or provide beer, wine, and liquor for on–premises consumption by:

1. nonmembers of the club that have rented or leased an area of the licensed premises for entertainment, a conference, or a social event; and

2. guests who attend the event.

(ii) The license holder shall:

1. contract to provide food for consumption at the event described in subparagraph (i) of this paragraph; or

2. ensure that food will be available for consumption at the event described in subparagraph (i) of this paragraph.

(iii) This paragraph does not prohibit a club from obtaining a Class C per diem license.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out under § 22–2005(f) of this title.

(e) (1) The annual fees for the 6–day license, depending on the size of the membership of the fraternal organization, are:

(i) $800, for a membership of 100 to 250;

(ii) $1,050, for a membership of 251 to 450; and

(iii) $1,200, for a membership of at least 451.

(2) The annual fees for the 7–day license, depending on the size of the membership of the fraternal organization, are:

(i) $900, for a membership of 100 to 250;

(ii) $1,150, for a membership of 251 to 450; and

(iii) $1,300, for a membership of at least 451.
Md. Code, State Personnel and Pensions § 22-306 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-306
§22–306.
Status: in_force

(a) An elected or appointed official who elected to become a member of the Employees’ Retirement System may receive service credit for previous service as an official with the State or a participating governmental unit including service as an official before the establishment of the Employees’ Retirement System.

(b) To receive service credit for previous service, an elected or appointed official shall complete a claim for the service credit and file it with the Board of Trustees on a form the Board of Trustees provides.

(c) (1) On receiving a claim for service credit for service as an official with a participating governmental unit, the Board of Trustees shall:

(i) verify the previous service and the amount of service credit to which the member is entitled;

(ii) compute the amount due from the participating governmental unit because of the claim; and

(iii) submit a statement to the participating governmental unit for that amount.

(2) The computation made under paragraph (1)(ii) of this subsection shall be based on the compensation actually received by the official from the participating governmental unit during the period for which service credit is to be granted.

(3) A participating governmental unit that receives a statement from the Board of Trustees shall pay the amount immediately to the Board of Trustees or place it in the next budget for prompt payment when that budget becomes effective.

(d) On receiving a claim for service credit for service as an official with the State, the Board of Trustees shall:

(1) compute the amount due from the State; and

(2) include in the State budget for the next fiscal year an appropriation for the amount due from the State.

(e) (1) An official who receives service credit under this section:

(i) shall pay to the Board of Trustees in a single payment, within the period determined by the Board of Trustees, the member contributions, plus regular interest, that the official would have paid had the official been a member of the Employees’ Retirement System; or

(ii) subject to paragraph (2) of this subsection, may waive the payment of any part of the member contributions plus regular interest.

(2) If an official who receives credit under this section waives payment of any contributions or interest, the Board of Trustees shall reduce the official’s allowance by the actuarial equivalent of those contributions, plus interest to the date of retirement, that the official had not paid.
Md. Code, Commercial Law § 22-612 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-612
§22–612.
Status: in_force

(a) If a person agrees to provide services regarding the correction of performance problems in computer information, other than an agreement to cure its own existing breach of contract, the following rules apply:

(1) If the services are provided by a licensor of the information as part of a limited remedy, the licensor undertakes that its performance will provide the licensee with information that conforms to the agreement to which the limited remedy applies.

(2) In all other cases, the person:

(A) Shall perform at a time and place and in a manner consistent with the express terms of the agreement and, to the extent not stated in the express terms, at a time and place and in a manner that is reasonable in light of ordinary standards of the business, trade, or industry; and

(B) Does not undertake that its services will correct performance problems unless the agreement expressly so provides.

(b) Unless required to do so by an express or implied warranty, a licensor is not required to provide instruction or other support for the licensee’s use of information or access. A person that agrees to provide support shall make the support available in a manner and with a quality consistent with express terms of the support agreement and, to the extent not stated in the express terms, at a time and place and in a manner that is reasonable in light of ordinary standards of the business, trade, or industry.
Md. Code, Commercial Law § 22-607 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-607
§22–607.
Status: in_force

(a) If performance requires delivery of a copy, the following rules apply:

(1) The party required to deliver need not complete a tendered delivery until the receiving party tenders any performance then due.

(2) Tender of delivery is a condition of the other party’s duty to accept the copy and entitles the tendering party to acceptance of the copy.

(b) If payment is due on delivery of a copy, the following rules apply:

(1) Tender of delivery is a condition of the receiving party’s duty to pay and entitles the tendering party to payment according to the contract.

(2) All copies required by the contract must be tendered in a single delivery, and payment is due only on tender.

(c) If the circumstances give either party the right to make or demand delivery in lots, the contract fee, if it can be apportioned, may be demanded for each lot.

(d) If payment is due and demanded on delivery of a copy or on delivery of a document of title, the right of the party receiving tender to retain or dispose of the copy or document, as against the tendering party, is conditioned on making the payment due.
Md. Code, State Personnel and Pensions § 22-408 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-408
§22–408.
Status: in_force

A member may be entitled to benefits under Title 29 of this article other than, or in addition to, the benefits provided under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 22-1306 — MD Code / Article gab / Title 22 / Subtitle 13 / Section 22-1306
§22–1306.
Status: in_force

(a) There is a cordial, beer, wine, and liquor tasting license.

(b) The Board may issue the license to a holder of a Class A1 beer, wine, and liquor (BWL) license.

(c) (1) The license authorizes the holder to allow the on–premises consumption of cordials, beer, wine, and liquor for tasting.

(2) The license may be issued for a maximum of:

(i) any 26 days in a licensing period;

(ii) any 52 days in a licensing period; or

(iii) an entire licensing period.

(3) If a license holder is issued a license for any 26 days in a licensing period or any 52 days in a licensing period, the license holder must notify the Board at least 7 days before exercising the privileges of the license.

(d) An individual may consume cordials, beer, wine, or liquor covered by the license in a quantity of not more than:

(1) 0.5 ounce from each offering of a cordial;

(2) 1 ounce from each offering of beer or wine; and

(3) 0.5 ounce from each offering of liquor.

(e) The license fee is:

(1) $125 for a 26–day license;

(2) $200 for a 52–day license; and

(3) $400 for a 1–year license.
Md. Code, Alcoholic Beverages and Cannabis § 22-906 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-906
§22–906.
Status: in_force

(a) There is a Class BNR (newly opened restaurant) beer, wine, and liquor license.

(b) The Board may decide:

(1) the number of licenses to be issued; and

(2) to whom the licenses shall be issued.

(c) The Board may issue the license for use by a newly opened restaurant that:

(1) has a minimum capital investment of $250,000 for new dining room facilities and newly installed kitchen equipment, not including the cost of land, buildings, or a lease;

(2) serves full–course meals at least twice daily;

(3) has regular seating at tables, not including seats at bars or counters, for at least 60 individuals; and

(4) meets other standards set out in the regulations of the Board.

(d) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption from Monday through Sunday from 8 a.m. to 2 a.m. the following day.

(e) The annual license fee is $3,000.
Md. Code, Alcoholic Beverages and Cannabis § 22-1801 — MD Code / Article gab / Title 22 / Subtitle 18 / Section 22-1801
§22–1801.
Status: in_force

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–402 (“Eligibility for renewal; process”);

(2) § 4–403 (“Renewal application”);

(3) § 4–406 (“Protests”);

(4) § 4–407 (“Denial of renewal application”);

(5) § 4–408 (“Issuance of renewed licenses”);

(6) § 4–409 (“Multiple licenses”); and

(7) § 4–410 (“Chain store, supermarket, or discount house”).

(b) Section 4–404 (“Filing period for renewal application”) of Division I of this article does not apply in the county and is superseded by § 22–1802 of this subtitle.

(c) Section 4–405 (“Contents of renewal application”) of Division I of this article applies in the county, subject to § 22–1803 of this subtitle.
Md. Code, State Personnel and Pensions § 22-302 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-302
§22–302.
Status: in_force

(a) Subject to subsections (b) through (d) of this section, the Board of Trustees shall adopt regulations that specify the period of employment in a year that is equal to 1 year of service credit.

(b) The Board of Trustees may not allow more than 1 year of service credit for a calendar year.

(c) Except as provided in subsection (d) of this section or § 22-304(c)(2) of this subtitle, a member is entitled to receive:

(1) 1 year of service credit for:

(i) employment for the normal working time in a year for the member’s position; or

(ii) regular part-time employment for a calendar year; and

(2) 1 month of service credit for employment for a month or a part of a month if a member contribution is made in the month.

(d) (1) Except as otherwise provided in this subsection, a member of the Employees’ Retirement System who is an elected or appointed official is entitled to receive 1 year of service credit for each 12-month period during which the member holds the office.

(2) Except for an official of a participating governmental unit, an appointed official who is appointed on or after July 1, 1979, is not entitled to receive service credit if the normal working time for the position is less than 130 days per year.

(3) An elected or appointed official who purchases service credit under § 22-307 of this subtitle, is entitled to receive 1 year of service credit for a part of a year of employment if the part of the year is at least equal to the number of days of the regular session of the General Assembly for the year for which the service credit is requested.
Md. Code, Transportation § 22-418 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-418
§22–418.
Status: in_force

(a) School vehicles shall be painted yellow, in accordance with Administration regulations, using the color known as national school bus yellow, as specified in federal standards.

(b) Unless otherwise permitted or authorized by the Maryland Vehicle Law or by Administration regulation, no other vehicle designed for carrying passengers may be painted national school bus yellow or a closely approximate color.

(c) The Administrator may issue regulations for a phase-in of compliance with this section.
Md. Code, Commercial Law § 22-608 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-608
§22–608.
Status: in_force

(a) Except as otherwise provided in §§ 22-603 and 22-604 of this subtitle, if performance requires delivery of a copy, the following rules apply:

(1) Except as otherwise provided in this section, the party receiving the copy has a right before payment or acceptance to inspect the copy at a reasonable place and time and in a reasonable manner to determine conformance to the contract.

(2) The party making the inspection shall bear the expenses of inspection.

(3) A place or method of inspection or an acceptance standard fixed by the parties is presumed to be exclusive. However, the fixing of a place, method, or standard does not postpone identification to the contract or shift the place for delivery, passage of title, or risk of loss. If compliance with the place or method becomes impossible, inspection must be made as provided in this section unless the place or method fixed by the parties was an indispensable condition the failure of which avoids the contract.

(4) A party’s right to inspect is subject to existing obligations of confidentiality.

(b) If a right to inspect exists under subsection (a) of this section but the agreement is inconsistent with an opportunity to inspect before payment, the party does not have a right to inspect before payment.

(c) If a contract requires payment before inspection of a copy, nonconformity in the tender does not excuse the party receiving the tender from making payment unless:

(1) The nonconformity appears without inspection and would justify refusal under § 22-704 of this title; or

(2) Despite tender of the required documents, the circumstances would justify an injunction against honor of a letter of credit under Title 5 of this article.

(d) Payment made under circumstances described in subsection (b) or (c) of this section is not an acceptance of the copy and does not impair a party’s right to inspect or preclude any of the party’s remedies.
Md. Code, Alcoholic Beverages and Cannabis § 22-910 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-910
§22–910.
Status: in_force

(a) There is:

(1) a Class D beer, wine, and liquor (on–sale) 7–day license; and

(2) a Class D beer, wine, and liquor (on– and off–sale) 7–day license.

(b) (1) The Board may issue a Class D license to a current Class B license holder that applies for the license.

(2) The applicant shall surrender to the Board the applicant’s Class B license on the issuance of the Class D license.

(c) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for:

(1) on–premises consumption, if an on–sale license; or

(2) on– and off–premises consumption, if an on–sale and off–sale license.

(d) The Board may determine the number of licenses to be issued.

(e) The license may not be issued for use by a drugstore.

(f) The Board shall adopt regulations to carry out this section.

(g) The annual license fees are:

(1) $3,000 for an on–sale license; and

(2) $4,000 for an on– and off–sale license.
Md. Code, Land Use § 22-107 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-107
§22–107.
Status: in_force

(a) (1) This section applies only in Montgomery County.

(2) The requirements of this section do not apply to an application for a zoning map amendment filed by the district council or by the Commission.

(b) (1) Subject to paragraph (2) of this subsection, the district council for Montgomery County may not receive an application for a zoning map amendment on land that was:

(i) the subject of a prior application for a zoning map amendment filed after June 1, 1965; and

(ii) for the same zoning classification on which there was a decision on the merits.

(2) An application may be refiled after 36 months have elapsed since the filing of the application for the prior zoning map amendment that was decided on the merits.

(c) (1) In this subsection, “substantial interest” includes an individual or corporate interest of 5% or more of the full cash value of property that is subject to an application for a zoning map amendment under this section, excluding all mortgages, deeds of trust, liens, and encumbrances on the property.

(2) An application for a zoning map amendment shall include the name of:

(i) each person that has a substantial interest in the property that is the subject of the application;

(ii) each contract purchaser; and

(iii) each person holding a mortgage, deed of trust, or option to purchase the property.
Md. Code, Commercial Law § 22-808 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-808
§22–808.
Status: in_force

(a) In this section, “substitute transaction” means a transaction by the licensor which would not have been possible except for the licensee’s breach and which transaction is for the same information or informational rights with the same contractual use terms as the transaction to which the licensee’s breach applies.

(b) Except as otherwise provided in § 22-807 of this subtitle, a breach of contract by a licensee entitles the licensor to recover the following compensation for losses resulting in the ordinary course from the breach, less expenses avoided as a result of the breach, to the extent not otherwise accounted for under this subsection:

(1) Damages measured in any combination of the following ways but not to exceed the contract fee and the market value of other consideration required under the contract for the performance that was the subject of the breach:

(A) The amount of accrued and unpaid contract fees and the market value of other consideration earned but not received for:

(i) Any performance accepted by the licensee; and

(ii) Any performance to which § 22-604 of this title applies;

(B) For performances not governed by subparagraph (A) of this paragraph, if the licensee repudiated or wrongfully refused the performance or the licensor rightfully canceled and the breach makes possible a substitute transaction, the amount of loss as determined by contract fees and the market value of other consideration required under the contract for the performance less:

(i) The contract fees and market value of other consideration received from an actual and commercially reasonable substitute transaction entered into by the licensor in good faith and without unreasonable delay; or

(ii) The market value of a commercially reasonable hypothetical substitute transaction;

(C) For performances not governed by subparagraph (A) of this paragraph, if the breach does not make possible a substitute transaction, lost profit, including reasonable overhead, that the licensor would have realized on acceptance and full payment for performance that was not delivered to the licensee because of the licensee’s breach; or

(D) Damages calculated in any reasonable manner; and

(2) Consequential and incidental damages.
Md. Code, Alcoholic Beverages and Cannabis § 22-301 — MD Code / Article gab / Title 22 / Subtitle 3 / Section 22-301
§22–301.
Status: in_force

There is no liquor control board or department of liquor control in the county.
Md. Code, State Personnel and Pensions § 22-202 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

(a) Except as provided in § 22-203 of this subtitle, an individual described in § 22-201(a) of this subtitle who was a member of the Employees’ Retirement System on or before December 31, 1979, became a member of the Employees’ Retirement System as a condition of employment.

(b) Except as provided in former Article 73B, § 2-206 of the Code, an individual who is not a member of the Employees’ Retirement System on December 31, 1979, is not eligible for membership in the Employees’ Retirement System.
Md. Code, Land Use § 22-215 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-215
§22–215.
Status: reserved

(a) (1) An authorized reporter shall make a record of all hearings on petitions for zoning map amendments.

(2) The record may not be destroyed until the time for appeal or rehearing on any petition for zoning map amendments has expired.

(b) (1) A person making an application for a zoning map amendment shall pay an additional filing fee of $5 at the time of paying the advertising costs.

(2) A person appealing a decision of the district council or requesting that a transcript be transcribed shall pay to the county the estimated cost of transcription of the record.
Md. Code, Alcoholic Beverages and Cannabis § 22-207 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-207
§22–207.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the Board shall employ one full–time chief inspector and as many other inspectors as the Board determines are required.

(2) The Sheriff, a deputy sheriff, or a municipal peace officer in the county may not be appointed or serve as the chief inspector or as an inspector.

(b) (1) When appointed, the chief inspector shall have had investigative experience as:

(i) a police officer;

(ii) an inspector for a governmental unit; or

(iii) an investigator for a private agency.

(2) With the approval of the Board, the chief inspector may contract with or hire an independent accounting firm to audit the books and accounts of any license holder.

(3) (i) After appointment, the chief inspector may be discharged only for cause involving dishonesty, incompetence, or immoral conduct, subject to subparagraph (ii) of this paragraph.

(ii) Before a chief inspector is discharged, the chief inspector shall be given a list of the charges against the chief inspector and an opportunity to reply to the charges in a public hearing in person or by counsel.

(c) The Board may establish reasonable compensation for the chief inspector and any other inspector and, when warranted by their respective duties, change their compensation.

(d) Inspectors may:

(1) serve a summons under § 22–2604 of this title; and

(2) issue civil citations as provided in § 22–2605 of this title.

(e) This section does not relieve the peace officers specified in § 6–205 of this article from the responsibility to enforce this article in the county.
Md. Code, Transportation § 22-412 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-412
§22–412.
Status: in_force

(a) Every motor vehicle registered in this State and manufactured or assembled after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the vehicle.

(b) Every motor vehicle registered in this State and manufactured or assembled with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear seat of the vehicle.

(c) A person may not sell or offer for sale any vehicle in violation of this section.

(d) For the purpose of this section only, “motor vehicle” does not include any motorcycle other than an autocycle, bus, or truck.

(e) For the purpose of this section only, “seat belt” means any belt, strap, harness, or like device.

(f) A seat belt may not be sold or offered for sale for use in connection with the operation of a motor vehicle in this State after June 1, 1964, unless it meets applicable federal motor vehicle safety standards.
Md. Code, Local Government § 22-105 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-105
§22–105.
Status: in_force

(a) Except as limited by the local law establishing the Resilience Authority or its articles of incorporation, a Resilience Authority has all the powers under this title.

(b) A Resilience Authority has and may exercise all powers necessary or convenient to undertake, finance, manage, acquire, own, convey, or support resilience infrastructure projects, including the power to:

(1) acquire by purchase, lease, or other legal means, but not by eminent domain, property for resilience infrastructure;

(2) establish, construct, alter, improve, equip, repair, maintain, operate, and regulate resilience infrastructure owned by the incorporating local government or the Resilience Authority;

(3) receive money from its incorporating local government, the State, other governmental units, or private organizations;

(4) charge and collect fees for its services;

(5) subject to the approval of the local governing body, charge and collect fees to back its bond issuances;

(6) have employees and consultants as it considers necessary;

(7) use the services of other governmental units; and

(8) act as necessary or convenient to carry out the powers granted to it by law.
Md. Code, Transportation § 22-411 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-411
§22–411.
Status: in_force

(a) Every trailer or semitrailer of a gross weight of 3,000 pounds or more, when operated on a highway, shall be equipped with a permanent metal frame attached to the underside of the rear of the trailer.

(b) The frame may not be any wider than the width of the trailer and shall be not more than 30 inches above the highway when moving and constructed of heavy gauge steel.

(c) The maximum transverse distance from the widest part of the vehicle at the rear to the frame may not exceed 18 inches.

(d) The frame shall be constructed so as not to interfere with lights or other warning devices.

(e) Any trailer or semitrailer so constructed and maintained that the body, chassis, or other parts of it afford the protection required by this section is in compliance with this section.

(f) This section does not apply to pole trailers or to vehicles where the installation of the required frame would prevent operation of the vehicle to secure its designed use.
Md. Code, Commercial Law § 22-602 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-602
§22–602.
Status: reserved

(a) In this section, “enable use” means to grant a contractual right or permission with respect to information or informational rights and to complete the acts, if any, required under the agreement to make the information available to the licensee.

(b) A licensor shall enable use by the licensee pursuant to the contract. The following rules apply to enabling use:

(1) If nothing other than the grant of a contractual right or permission is required to enable use, the licensor enables use when the contract becomes enforceable.

(2) If the agreement requires delivery of a copy, enabling use occurs when the copy is tendered to the licensee.

(3) If the agreement requires delivery of a copy and steps authorizing the licensee’s use, enabling use occurs when the last of those acts occurs.

(4) In an access contract, enabling use requires tendering all access material necessary to enable the agreed access.

(5) If the agreement requires a transfer of ownership of informational rights and a filing or recording is allowed by law to establish priority of the transferred ownership, on request by the licensee, the licensor shall execute and tender a record appropriate for that purpose.
Md. Code, Commercial Law § 22-706 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-706
§22–706.
Status: in_force

(a) Except as otherwise provided in this section, after rightful refusal or revocation of acceptance of a copy, the following rules apply:

(1) If the refusing party rightfully cancels the contract, § 22-802 of this title applies and all contractual use terms continue.

(2) If the contract is not canceled, the parties remain bound by all contractual obligations.

(b) On rightful refusal or revocation of acceptance of a copy, the following rules apply to the extent consistent with § 22-802 of this title:

(1) Any use, sale, display, performance, or transfer of the copy or information it contains, or any failure to comply with a contractual use term, is a breach of contract. The licensee shall pay the licensor the reasonable value of any use. However, use for a limited time within contractual use terms is not a breach, and is not an acceptance under § 22-609(a)(5) of this title, if it:

(A) Occurs after the tendering party is seasonably notified of refusal;

(B) Is not for distribution and is solely part of measures reasonable under the circumstances to avoid or reduce loss; and

(C) Is not contrary to instructions concerning disposition of the copy received from the party in breach.

(2) A party that refuses a copy shall:

(A) Deliver the copy and all copies made of it, all access materials, and documentation pertaining to the refused information to the tendering party or hold them with reasonable care for a reasonable time for disposal at that party’s instructions; and

(B) Follow reasonable instructions of the tendering party for returning or delivering copies, access material, and documentation, but instructions are not reasonable if the tendering party does not arrange for payment of or reimbursement for reasonable expenses of complying with the instructions.

(3) If the tendering party does not give instructions within a reasonable time after being notified of refusal, the refusing party, in a reasonable manner to reduce or avoid loss, may store the copies, access material, and documentation for the tendering party’s account or ship them to the tendering party and is entitled to reimbursement for reasonable costs of storage and shipment.

(4) Both parties remain bound by all contractual use terms that would have been enforceable had the performance not been refused.

(5) In complying with this section, the refusing party shall act in good faith. Conduct in good faith under this section is not acceptance or conversion and may not be a ground for an action for damages under the contract.
Md. Code, Alcoholic Beverages and Cannabis § 22-2501 — MD Code / Article gab / Title 22 / Subtitle 25 / Section 22-2501
§22–2501.
Status: in_force

(a) Except as provided in subsection (b) of this section and otherwise provided in this article, a person may not knowingly allow the consumption, possession, or transfer of alcoholic beverages in an establishment that is a restaurant, tavern, hotel, club, dance studio, disco, or place of public entertainment if:

(1) the establishment is not licensed by the Board;

(2) the person possesses or controls the establishment as owner, lessee, or user; and

(3) the establishment is:

(i) open to the public or licensed by the State; or

(ii) licensed by the State or a county unit other than the Board.

(b) (1) The prohibition under subsection (a) of this section does not apply to:

(i) the room of a registered guest in a hotel, motel, or hospice; or

(ii) the property of:

1. a volunteer fire company;

2. a catering establishment;

3. a community or civic association;

4. a swim club;

5. a social, civic, nonprofit, charitable, fraternal, patriotic, educational, or public service organization; or

6. a religious institution that has been in existence for at least 3 years.

(2) The Board may exempt a place similar to one listed in paragraph (1) of this subsection on a case–by–case basis.

(3) The Board shall adopt regulations to administer this subsection.

(c) An owner, a manager, or an employee of an establishment subject to the prohibitions of this section who knowingly allows the prohibited consumption in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Commercial Law § 22-703 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-703
§22–703.
Status: reserved

(a) A party in breach of contract may cure the breach at its own expense if:

(1) The time for performance has not expired and the party in breach seasonably notifies the aggrieved party of its intent to cure and, within the time for performance, makes a conforming performance;

(2) The party in breach had reasonable grounds to believe the performance would be acceptable with or without monetary allowance, seasonably notifies the aggrieved party of its intent to cure, and provides a conforming performance within a further reasonable time after performance was due; or

(3) In a case not governed by paragraph (1) or (2) of this subsection, the party in breach seasonably notifies the aggrieved party of its intent to cure and promptly provides a conforming performance before cancellation by the aggrieved party.

(b) In a license other than in a mass-market transaction, if the agreement required a single delivery of a copy and the party receiving tender of delivery was required to accept a nonconforming copy because the nonconformity was not a material breach of contract, the party in breach shall promptly and in good faith make an effort to cure if:

(1) The party in breach receives seasonable notice of the specific nonconformity and a demand for cure of it; and

(2) The cost of the effort to cure does not disproportionately exceed the direct damages caused by the nonconformity to the aggrieved party.

(c) A party may not cancel a contract or refuse a performance because of a breach of contract that has been seasonably cured under subsection (a) of this section. However, notice of intent to cure does not preclude refusal or cancellation for the uncured breach.
Md. Code, Local Government § 22-110 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-110
§22–110.
Status: in_force

Notwithstanding any other provision of law or charter, the local governing body may dedicate any revenues of the local government for repayment of bonds and to support the operations or resilience infrastructure projects of a Resilience Authority.
Md. Code, Commercial Law § 22-611 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-611
§22–611.
Status: in_force

(a) If an access contract provides for access over a period of time, the following rules apply:

(1) The licensee’s rights of access are to the information as modified and made commercially available by the licensor from time to time during that period.

(2) A change in the content of the information is a breach of contract only if the change conflicts with an express term of the agreement.

(3) Unless it is subject to a contractual use term, information obtained by the licensee is free of any use restriction other than a restriction resulting from the informational rights of another person or other law.

(4) Access must be available:

(A) At times and in a manner conforming to the express terms of the agreement; and

(B) To the extent not expressly stated in the agreement, at times and in a manner reasonable for the particular type of contract in light of the ordinary standards of the business, trade, or industry.

(b) In an access contract that gives the licensee a right of access at times substantially of its own choosing during agreed periods, an occasional failure to have access available during those times is not a breach of contract if it is:

(1) Consistent with ordinary standards of the business, trade, or industry for the particular type of contract; or

(2) Caused by:

(A) Scheduled downtime;

(B) Reasonable needs for maintenance;

(C) Reasonable periods of failure of equipment, computer programs, or communications; or

(D) Events reasonably beyond the licensor’s control, and the licensor exercises such commercially reasonable efforts as the circumstances require.
Md. Code, Alcoholic Beverages and Cannabis § 22-1802 — MD Code / Article gab / Title 22 / Subtitle 18 / Section 22-1802
§22–1802.
Status: in_force

(a) An application to renew an annual license shall be filed between February 1 and April 1, inclusive.

(b) The Board may consider a license renewal application received after April 1 for 30 days before it takes final action on the application.
Md. Code, Commercial Law § 22-610 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-610
§22–610.
Status: in_force

(a) A party accepting a copy shall pay or render the consideration required by the agreement for the copy it accepts. Acceptance of a copy precludes refusal and, if made with knowledge of a nonconformity in a tender, may not be revoked because of the nonconformity unless acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance by itself does not impair any other remedy for nonconformity.

(b) A party accepting a copy has the burden of establishing a breach of contract with respect to the copy.

(c) If a copy has been accepted, the accepting party shall:

(1) Except with respect to claims of a type described in § 22-805(d)(1) of this title, within a reasonable time after it discovers or should have discovered a breach of contract, notify the other party of the breach or be barred from any remedy for the breach; and

(2) If the claim is for breach of a warranty regarding noninfringement and the accepting party is sued by a third party because of the breach, notify the warrantor within a reasonable time after receiving notice of the litigation or be precluded from any remedy over for the liability established by the litigation.
Md. Code, Land Use § 22-102 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: in_force

Sitting together as a joint body, the district council for Montgomery County and the district council for Prince George’s County are the bi–county district council for the regional district as a whole.
Md. Code, Alcoholic Beverages and Cannabis § 22-1005 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1005
§22–1005.
Status: reserved

(a) In this section, “guest” means an individual whose name and address appear on the registry that the inn maintains.

(b) There is a Class B (inn) beer, wine, and liquor license.

(c) The Board may issue the license to a license holder who is approved by the appropriate local governmental unit to operate an inn that:

(1) has at least 11 rooms or suites, each with sleeping accommodations, excluding resident management quarters, that the public for consideration may use for a specified time;

(2) has a seated dining capacity of a sufficient size to accommodate overnight guests and dinner patrons who participate in regular meals and special dinner events on the premises of the establishment as authorized under subsection (d) of this section; and

(3) has a kitchen facility that has been approved by the local governmental unit.

(d) The license authorizes the license holder to:

(1) sell beer, wine, and liquor for on–premises consumption by a guest in conjunction with a meal;

(2) with the prior approval of the Board, serve beer, wine, and liquor to guests and dinner patrons on a patio, a deck, a terrace, the grounds, or any other outdoor area that is an integral part of the premises;

(3) allow a guest to have beer, wine, and liquor delivered to the guest in a sealed package by the inn, if the guest is in a building that is:

(i) considered part of the inn operation; and

(ii) located in the same mail unit number as the inn or is not more than one–eighth of a mile from the inn;

(4) hold a special dinner event on the premises of the establishment; and

(5) allow an individual who is not a guest to patronize the establishment for a regular or special dinner meal.

(e) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption during catered events at the inn if:

(1) the license holder is under contract to cater the event;

(2) the license holder caters the event; and

(3) food is served at the catered event.

(f) A holder of a Class B (inn) license that was issued after March 6, 2006, may sell beer and wine from the dining room to guests for off–premises consumption if the holder previously held a Class B (restaurant) license allowing sales of beer and wine for off–premises consumption.

(g) The license holder may sell beer, wine, and liquor to guests for on–premises consumption during the hours and days as set out for a Class B beer, wine, and liquor license under § 22–2004 of this title.

(h) The license does not authorize the sale of beer, wine, and liquor to an individual who:

(1) is not a guest or a patron of the dining facility of the inn; or

(2) is registered as a guest at the inn only to obtain beer, wine, and liquor.

(i) (1) An inn may not be operated only to sell or provide beer, wine, and liquor.

(2) If an inn ends operations as an inn:

(i) the license is void; and

(ii) the license holder shall return the license to the Board.

(3) Beer, wine, and liquor in open containers may not be transferred, carried, taken, or delivered to, from, or between the inn and other buildings that are considered part of the inn.

(j) The Board shall adopt regulations to:

(1) carry out this section; and

(2) ensure that the primary purpose of the license is to allow the license holder to operate an inn.

(k) The annual license fee is:

(1) $2,500 for an inn that has at least 11 but not more than 24 rooms or suites; and

(2) $3,295 for an inn that has at least 25 rooms or suites.
Md. Code, Commercial Law § 22-104 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-104
§22–104.
Status: in_force

The parties may agree that this title, including contract-formation rules, governs the transaction, in whole or part, or that other law governs the transaction and this title does not apply, if a material part of the subject matter to which the agreement applies is computer information or informational rights in it that are within the scope of this title, or is subject matter within this title under § 22-103(b) of this subtitle, or is subject matter excluded by § 22-103(d)(1), (2), or (3) of this subtitle. However, any agreement to do so is subject to the following rules:

(1) An agreement that this title governs a transaction does not alter the applicability of any statute, rule, regulation, or procedure that may not be varied by agreement of the parties or that may be varied only in a manner specified by the statute, rule, regulation, or procedure, including a consumer protection statute or regulation. In addition, in a mass-market transaction, the agreement does not alter the applicability of a law applicable to a copy of information in printed form.

(2) An agreement that this title does not govern a transaction:

(A) Does not alter the applicability of § 22-214 of this title or the limitations of § 22-816 of this title if the parties have agreed to permit the use of electronic self-help; and

(B) In a mass-market transaction, does not alter the applicability under this title of the doctrine of unconscionability or fundamental public policy or the obligation of good faith.

(3) In a mass-market transaction, any term under this section which changes the extent to which this title governs the transaction must be conspicuous.

(4) A copy of a computer program contained in and sold or leased as part of goods and which is excluded from this title by § 22-103(b)(1) of this subtitle cannot provide the basis for an agreement under this section that this title governs the transaction.
Md. Code, Alcoholic Beverages and Cannabis § 22-803 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-803
§22–803.
Status: reserved

(a) There is:

(1) a Class B–1 beer and wine 6–day license; and

(2) a Class B–1 beer and wine 7–day license.

(b) (1) The Board may issue the license for use by a restaurant.

(2) Except as provided in paragraph (3) of this subsection, the license authorizes the license holder to sell beer and wine at a restaurant, at retail, at the place described in the license, for on–premises consumption.

(3) (i) The holder of a license issued before July 1, 1984, may sell beer and wine for on– and off–premises consumption.

(ii) The license holder may sell wine in split bottles.

(iii) Beer sold in bottles or cans exceeding 12 ounces in weight or size for off–premises consumption may be sold in a quantity of less than six.

(iv) If beer is sold in a containerized package, the package shall hold at least six bottles or containers.

(c) (1) A Class B–1 temporary (on–sale) license may be issued to an applicant who seeks after 6 months to obtain a Class B beer, wine, and liquor license.

(2) The Class B–1 license shall be revoked after the 6–month period has expired if the license holder has not met all requirements for a Class B beer, wine, and liquor license.

(d) The license holder shall comply with the food sale requirements under § 22–103 of this title only for the purpose of meeting the requirements of § 22–902 of this title necessary to apply for a license.

(e) The annual license fees are:

(1) $350 for a 6–day license; and

(2) $500 for a 7–day license.
Md. Code, Alcoholic Beverages and Cannabis § 22-603 — MD Code / Article gab / Title 22 / Subtitle 6 / Section 22-603
§22–603.
Status: in_force

A Class C beer license may not be issued in the county.
Md. Code, Transportation § 22-218 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-218
§22–218.
Status: in_force

(a) Every emergency vehicle, in addition to any other equipment and distinctive markings required by this subtitle, shall be equipped with a siren, exhaust whistle, or bell capable of giving an audible signal.

(b) (1) Every emergency vehicle, in addition to any other equipment and distinctive markings required by the Maryland Vehicle Law, shall be equipped with signal lamps mounted as high as practicable, which shall be capable of displaying to the front and to the rear a flashing red light or lights. These lights shall have sufficient intensity to be visible at 500 feet in normal sunlight.

(2) Every school vehicle meeting the requirements established by the Administrator shall be equipped with alternately flashing warning lights in accordance with the standards adopted under § 22–228 of this subtitle.

(c) (1) A person may not drive or move on any highway any vehicle or equipment that is equipped with or displays any light or signal device designed to emit an oscillating, rotating, blinking, or other type of emission of light, unless designated and authorized by the Administrator as indicated in paragraphs (2) through (14) of this subsection. The provisions of this section do not prohibit the display and use of any lighting device that may be permitted or required elsewhere in the Maryland Vehicle Law.

(2) Vehicles of the police department and other city, county, State, or federal law enforcement agencies may be equipped with and display red, white, or blue lights or signal devices.

(3) (i) Vehicles of city, county, State, or federal fire departments or duly constituted volunteer fire departments or rescue squads, or the Maryland Institute for Emergency Medical Services System, may be equipped with or display red and/or white lights or signal devices.

(ii) In each volunteer fire company, no more than five of the following officers may have their privately owned vehicles equipped with red or red and white lights or signal devices which may be displayed only while on route to or at the scene of an emergency:

1. The fire chief or the highest ranking fireline officer;

2. One or more of the assistant chiefs or deputy chiefs, whichever rank is second in command; and

3. The emergency medical services commander.

(iii) 1. The fire police of each volunteer fire company may have their privately owned vehicles equipped with red, red and green, or red and white lights or signal devices designed to emit an oscillating, rotating, blinking, or other type of emission of light.

2. The lights or signal devices may be flashed or oscillated or otherwise used only while the vehicle is at the scene of an accident, flood, or other emergency to which the volunteer fire company is responding.

(4) Under the commercial ambulance service license held by Hatzalah of Baltimore, no more than five of the highest–ranking officers may have their privately owned vehicles equipped with red or red and white lights or signal devices which may be displayed only while on route to or at the scene of an emergency.

(5) Ambulances may be equipped with or display red, white, or red and white lights or signal devices.

(6) State vehicles used in response to oil or hazardous materials spills may be equipped with or display red and/or white lights or signal devices.

(7) (i) Service vehicles, waste or recycling collection vehicles, rural letter carrier vehicles, slow moving farm vehicles, and tow trucks may be equipped with or display yellow or amber lights or signal devices.

(ii) Highway maintenance and service equipment or vehicles owned by the State or a local jurisdiction, or operating under a contract with the State or a local jurisdiction, that are equipped with and displaying yellow or amber flashing lights while in use for snow removal or the protection of highway maintenance workers may simultaneously be equipped with and display green flashing lights in a number up to the number of yellow or amber flashing lights equipped and displayed.

(iii) 1. A tow truck may display a portable variable messaging sign mounted on the tow truck while at the scene of a crash or a disabled vehicle.

2. The portable variable messaging sign shall:

A. Conform to the standards established in the manual on uniform traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

B. Display only those messages approved for use by the State Highway Administration.

(8) State vehicles designated for emergency use by the Commissioner of Correction may be equipped with or display red lights or signal devices.

(9) A vehicle used to provide public transit service may be equipped with and display:

(i) Amber flashing lights; or

(ii) A white flashing light installed on the roof of the vehicle.

(10) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, the blue, red, or white lights or signal devices may be flashed or oscillated or otherwise used only while on route to or at the scene of an emergency, and their use does not relieve an emergency vehicle from otherwise giving an audible warning as required elsewhere in the Maryland Vehicle Law.

(ii) The driver of an emergency vehicle may use flashing lights within 100 feet of the entrance ramp of a fire or rescue station while parking or backing the emergency vehicle.

(iii) The driver of an emergency vehicle of a fire department or rescue squad shall, at the discretion of the officer in charge, flash or oscillate or otherwise use red and white lights or signal devices while stopped, standing, or parked on the roadway at the scene of an emergency.

(11) A stationary emergency vehicle serving as a mobile command unit may be equipped with or display a flashing, blinking, or oscillating green light or signal device to designate the vehicle as the command post.

(12) The yellow or amber lights or signal devices, or yellow or amber and green lights or signal devices, authorized on vehicles under paragraph (7) of this subsection may be flashed or oscillated or otherwise used only in the course of official duties, to indicate to the public that the vehicle is a slow moving vehicle or otherwise is impeding traffic.

(13) (i) An emergency vehicle of any foreign state may be equipped with any lights or signals:

1. As provided by this subsection; or

2. As permitted by the state in which the vehicle is registered.

(ii) 1. The use of any lights or signals permitted under this paragraph is limited to an emergency vehicle, as defined in § 11–118 of this article, responding to an emergency or pursuing a violator, and equipped with an audible signal as provided in this section.

2. Foreign vehicles, as defined in § 11–124 of this article, which are privately owned by members of volunteer fire companies, ambulance or rescue squads, fire departments, and law enforcement agencies may be equipped with lights or signals as permitted by the state in which the vehicle is registered, but such lights or signals may be used while the vehicle is in this State only by those personnel and under the circumstances authorized under paragraph (3) of this subsection.

(iii) In addition to the penalties provided in Title 27 of this article, any person convicted of a violation of this section may have his driving privileges suspended for a period of 30 days, and the registration of the vehicle may be suspended for a period of 30 days, notwithstanding that the owner of the vehicle may not be the operator at the time of the offense, unless the owner proves to the satisfaction of the Administration that he had no control over the use or display of a light or signal device and could not prevent the violation of this section.

(14) Organ delivery vehicles shall be equipped with or display red, white, or red and white lights or signal devices.

(d) A police vehicle when used as an emergency vehicle may, but need not be, equipped with the flashing red and/or blue lights specified in this section.

(e) Except as provided in subsection (c)(3) of this section, the flashing lighting described in subsections (b) and (c) of this section may not be used on any vehicle other than an emergency vehicle, service vehicle, or school vehicle.

(f) The use of the signal equipment described in this section imposes on drivers of other vehicles the obligation to yield the right–of–way and stop as required in Title 21 of this article.

(g) On taxicabs, the flashing green lights known as emergency hold–up lights may be mounted on the roof or outside rear and front of the vehicle.

(h) While providing transportation network services, as defined in § 10–101 of the Public Utilities Article, a transportation network operator’s vehicle may be equipped with and display a static red, blue, or other color lighted sign identifying the operator and vehicle as a provider of transportation network services.
Md. Code, Transportation § 22-401 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-401
§22–401.
Status: in_force

(a) Every motor vehicle when operated on a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device may emit an unreasonably loud or harsh sound or a whistle.

(b) The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn, but may not otherwise use the horn when on a highway.

(c) No vehicle may be equipped with nor may any person use on a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.

(d) It is permissible, but not required, that any vehicle be equipped with a theft alarm signal device that is so arranged that it cannot be used by the driver as an ordinary warning signal.

(e) Every emergency vehicle shall be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet. However, the siren may not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the approach of the vehicle.
Md. Code, Alcoholic Beverages and Cannabis § 22-1601 — MD Code / Article gab / Title 22 / Subtitle 16 / Section 22-1601
§22–1601.
Status: in_force

(a) For every 4,750 individuals in the county, as specified by the Maryland Department of Health, the Board may not issue more than:

(1) one Class A (off–sale) license;

(2) one Class A–1 (off–sale) license; or

(3) one Class A–2 (off–sale) license.

(b) If the number of licenses in a class exceeds the quota specified in subsection (a) of this section, the Board may not issue a new license of that class unless the number of licenses of that class is reduced by revocation or surrender, creating a vacancy under the particular quota specified.

(c) This section does not apply to the transfer, conversion, or renewal of a license.
Md. Code, Alcoholic Beverages and Cannabis § 22-1005.2 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1005.2
§22–1005.
Status: reserved

§22–1005.2.

(a) In this section, “performing arts nonprofit organization” means a nonprofit organization that organizes the production of plays, acts, dramas, concerts, or similar events by individuals performing on a stage or the showing of films.

(b) There is a performing arts nonprofit organization beer, wine, and liquor license.

(c) The Board may issue the license to a performing arts nonprofit organization.

(d) (1) The license authorizes the holder to sell or serve beer, wine, and liquor at retail for on–premises consumption at up to three locations designated at the time of application.

(2) The locations designated at the time of application must:

(i) be suitable for the production of plays, acts, dramas, concerts, or similar events by individuals performing on a stage or the showing of films; and

(ii) meet any other requirements established by the Board.

(3) The license holder may alter the authorized locations each time the license is renewed.

(e) The license holder may sell or serve beer, wine, and liquor:

(1) 1 hour before and after a performance;

(2) during a performance;

(3) during an intermission; and

(4) during a reception within 1 hour before or after a performance.

(f) The license may not be transferred to another location not identified on the application.

(g) The license holder shall purchase beer, wine, and liquor from a retail license holder or an authorized and licensed wholesaler.

(h) A license holder may not sell or issue more than 750 tickets to any event or performance at which the holder will sell or serve beer, wine, or liquor.

(i) Issuance of a license under this section does not prohibit the Board from issuing a Class C per diem license to the performing arts nonprofit organization for an event outside the scope of the license.

(j) The license holder shall serve or offer for sale snacks at all times when beer, wine, and liquor are sold.

(k) (1) The license holder shall:

(i) keep complete and accurate records of all alcoholic beverages sold, served, and purchased under this section;

(ii) on written request of the Board or the Executive Director, report on the form that the Board or the Executive Director requires information relating to the alcoholic beverages that are the subject of the records required to be kept; and

(iii) on request of the Board or the Executive Director, make the report under oath.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, each license holder shall keep records at the location designated in the license.

(ii) If the license holder is allowed to have more than one location, the license holder may keep the records at the principal location.

(iii) The records shall:

1. meet form and content requirements of the Board or the Executive Director;

2. be preserved for at least 2 years in a manner that ensures permanency; and

3. be made available for audit or inspection during regular business hours by the Board, the Executive Director, or a designee of the Board or the Executive Director.

(3) (i) If a report required by this section or an investigation by the Board, a Board officer, the Executive Director, or any other person indicates that the license holder is violating this section, the Board may summon the license holder and conduct a hearing.

(ii) If the charges at the hearing are sustained, the Board:

1. may impose a fine of not less than $250 and not more than $2,000; and

2. may suspend or revoke the license holder’s license immediately.

(l) The annual license fee is $750.
Md. Code, Alcoholic Beverages and Cannabis § 22-2604 — MD Code / Article gab / Title 22 / Subtitle 26 / Section 22-2604
§22–2604.
Status: in_force

In addition to the sheriff who may serve a summons under § 6–204 of this article, an inspector that the Board employs may serve a summons.
Md. Code, Alcoholic Beverages and Cannabis § 22-2706 — MD Code / Article gab / Title 22 / Subtitle 27 / Section 22-2706
§22–2706.
Status: in_force

(a) A license holder who operates a pool or billiard parlor on the licensed premises may not allow an individual under the age of 18 years, unless accompanied by a parent, to enter into or loiter about the part of the premises devoted to the playing of pool or billiards.

(b) After a public hearing, if the Board determines that a license holder or an agent or employee of the license holder has violated this section, the Board may impose:

(1) for a first offense within the licensing period:

(i) a fine not exceeding $2,000; or

(ii) suspension or revocation of the license; or

(2) for a subsequent offense within the same licensing period as the first offense:

(i) a fine not exceeding $2,000; and

(ii) suspension or revocation of the license.
Md. Code, Health - General § 22-507 — MD Code / Article ghg / Title 22 / Subtitle 5 / Section 22-507
§22–507.
Status: in_force

(a) The Secretary may collect, report, and illustrate the results of any investigation by the Department that relates to hazardous material.

(b) The Secretary may:

(1) Publish summaries of judgments, decrees, or court orders issued under this subtitle; and

(2) If there is an imminent danger to public health, publish information about any hazardous material.
Md. Code, Commercial Law § 22-102 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: reserved

(a) In this title:

(1) “Access contract” means a contract to obtain by electronic means access to, or information from, an information processing system of another person, or the equivalent of such access.

(2) “Access material” means any information or material, such as a document, address, or access code, that is necessary to obtain authorized access to information or control or possession of a copy.

(3) “Aggrieved party” means a party entitled to a remedy for breach of contract.

(4) “Agreement” means the bargain of the parties in fact as found in their language or by implication from other circumstances, including course of performance, course of dealing, and usage of trade as provided in this title.

(5) “Attribution procedure” means a procedure to verify that an electronic authentication, display, message, record, or performance is that of a particular person or to detect changes or errors in information. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment.

(6) “Authenticate” means:

(A) To sign; or

(B) With the intent to sign a record, otherwise to execute or adopt an electronic symbol, sound, message, or process referring to, attached to, included in, or logically associated or linked with that record.

(7) “Automated transaction” means a transaction in which a contract is formed in whole or part by electronic actions of one or both parties which are not previously reviewed by an individual in the ordinary course.

(8) “Cancellation” means the ending of a contract by a party because of breach of contract by another party.

(9) “Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions.

(10) “Computer information” means information in electronic form which is obtained from or through the use of a computer or which is in a form capable of being processed by a computer. The term includes a copy of the information and any documentation or packaging associated with the copy.

(11) “Computer information transaction” means an agreement or the performance of it to create, modify, transfer, or license computer information or informational rights in computer information. The term includes a support contract under § 22–612 of this title. The term does not include a transaction merely because the parties’ agreement provides that their communications about the transaction will be in the form of computer information.

(12) “Computer program” means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result. The term does not include separately identifiable informational content.

(13) “Consequential damages”:

(A) Resulting from breach of contract includes (i) any loss resulting from general or particular requirements and needs of which the breaching party at the time of contracting had reason to know and which could not reasonably be prevented and (ii) any injury to an individual or damage to property other than the subject matter of the transaction proximately resulting from breach of warranty;

(B) Resulting from wrongful use of electronic self–help as defined in § 22–816 of this title includes any loss resulting from general or particular requirements and needs of which the party exercising electronic self–help at the time of the exercise had reason to know and which could not reasonably be prevented; and

(C) Does not include direct damages or incidental damages.

(14) “Conspicuous”, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. A term in an electronic record intended to evoke a response by an electronic agent is conspicuous if it is presented in a form that would enable a reasonably configured electronic agent to take it into account or react to it without review of the record by an individual. Conspicuous terms include the following:

(A) With respect to a person:

(i) A heading in capitals in a size equal to or greater than, or in contrasting type, font, or color to, the surrounding text;

(ii) Language in the body of a record or display in larger or other contrasting type, font, or color or set off from the surrounding text by symbols or other marks that draw attention to the language; and

(iii) A term prominently referenced in an electronic record or display which is readily accessible or reviewable from the record or display; and

(B) With respect to a person or an electronic agent, a term or reference to a term that is so placed in a record or display that the person or electronic agent cannot proceed without taking action with respect to the particular term or reference.

(15) “Consumer” means an individual who is a licensee of information or informational rights that the individual at the time of contracting intended to be used primarily for personal, family, or household purposes. The term does not include an individual who is a licensee primarily for professional or commercial purposes, including agriculture, business management, and investment management other than management of the individual’s personal or family investments.

(16) “Consumer contract” means a contract between a merchant licensor and a consumer.

(17) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law.

(18) “Contract fee” means the price, fee, rent, or royalty payable in a contract under this title or any part of the amount payable.

(19) “Contractual use term” means an enforceable term that defines or limits the use, disclosure of, or access to licensed information or informational rights, including a term that defines the scope of a license.

(20) “Copy” means the medium on which information is fixed on a temporary or permanent basis and from which it can be perceived, reproduced, used, or communicated, either directly or with the aid of a machine or device.

(21) “Course of dealing” means a sequence of previous conduct between the parties to a particular transaction which establishes a common basis of understanding for interpreting their expressions and other conduct.

(22) “Course of performance” means repeated performances, under a contract that involves repeated occasions for performance, which are accepted or acquiesced in without objection by a party having knowledge of the nature of the performance and an opportunity to object to it.

(23) “Court” includes an arbitration or other dispute–resolution forum if the parties have agreed to use of that forum or its use is required by law.

(24) “Delivery”, with respect to a copy, means the voluntary physical or electronic transfer of possession or control.

(25) “Direct damages” means compensation for losses measured by § 22–808(b)(1) or § 22–809(a)(1) of this title. The term does not include consequential damages or incidental damages.

(26) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(27) “Electronic agent” means a computer program, or electronic or other automated means, used by a person to initiate an action, or to respond to electronic messages or performances, on the person’s behalf without review or action by an individual at the time of the action or response to the message or performance.

(28) “Electronic message” means a record or display that is stored, generated, or transmitted by electronic means for the purpose of communication to another person or electronic agent.

(29) “Financial accommodation contract” means an agreement under which a person extends a financial accommodation to a licensee and which does not create a security interest governed by Title 9 of this article. The agreement may be in any form, including a license or lease.

(30) “Financial services transaction” means an agreement that provides for, or a transaction that is, or entails access to, use, transfer, clearance, settlement, or processing of:

(A) A deposit, loan, funds, or monetary value represented in electronic form and stored or capable of storage by electronic means and retrievable and transferable by electronic means, or other right to payment to or from a person;

(B) An instrument or other item;

(C) A payment order, credit card transaction, debit card transaction, funds transfer, automated clearinghouse transfer, or similar wholesale or retail transfer of funds;

(D) A letter of credit, document of title, financial asset, investment property, or similar asset held in a fiduciary or agency capacity; or

(E) Related identifying, verifying, access–enabling, authorizing, or monitoring information.

(31) “Financier” means a person that provides a financial accommodation to a licensee under a financial accommodation contract and either (i) becomes a licensee for the purpose of transferring or sublicensing the license to the party to which the financial accommodation is provided or (ii) obtains a contractual right under the financial accommodation contract to preclude the licensee’s use of the information or informational rights under a license in the event of breach of the financial accommodation contract. The term does not include a person that selects, creates, or supplies the information that is the subject of the license, owns the informational rights in the information, or provides support for, modifications to, or maintenance of the information.

(32) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(33) “Goods” means all things that are movable at the time relevant to the computer information transaction. The term includes the unborn young of animals, growing crops, and other identified things to be severed from realty which are covered by § 2–107 of this article. The term does not include computer information, money, the subject matter of foreign exchange transactions, documents, letters of credit, letter–of–credit rights, instruments, investment property, accounts, chattel paper, deposit accounts, or general intangibles.

(34) “Incidental damages” resulting from breach of contract:

(A) Means compensation for any commercially reasonable charges, expenses, or commissions reasonably incurred by an aggrieved party with respect to:

(i) Inspection, receipt, transmission, transportation, care, or custody of identified copies or information that is the subject of the breach;

(ii) Stopping delivery, shipment, or transmission;

(iii) Effecting cover or retransfer of copies or information after the breach;

(iv) Other efforts after the breach to minimize or avoid loss resulting from the breach; and

(v) Matters otherwise incident to the breach; and

(B) Does not include consequential damages or direct damages.

(35) “Information” means data, text, images, sounds, mask works, or computer programs, including collections and compilations of them.

(36) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(37) “Informational content” means information that is intended to be communicated to or perceived by an individual in the ordinary use of the information, or the equivalent of that information.

(38) “Informational rights” include all rights in information created under laws governing patents, copyrights, mask works, trade secrets, trademarks, publicity rights, or any other law that gives a person, independently of contract, a right to control or preclude another person’s use of or access to the information on the basis of the rights holder’s interest in the information.

(39) “Insurance services transaction” means an agreement that provides for, or a transaction that is, or entails access to, use, transfer, clearance, settlement, or processing of:

(A) An insurance policy, contract, or certificate; or

(B) A right to payment under an insurance policy, contract, or certificate.

(40) “Knowledge”, with respect to a fact, means actual knowledge of the fact.

(41) “License” means a contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, information or informational rights, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the information, whether or not the transferee has title to a licensed copy. The term includes an access contract, a lease of a computer program, and a consignment of a copy. The term does not include a reservation or creation of a security interest to the extent the interest is governed by Title 9 of this article.

(42) “Licensee” means a person entitled by agreement to acquire or exercise rights in, or to have access to or use of, computer information under an agreement to which this title applies. A licensor is not a licensee with respect to rights reserved to it under the agreement.

(43) “Licensor” means a person obligated by agreement to transfer or create rights in, or to give access to or use of, computer information or informational rights in it under an agreement to which this title applies. Between the provider of access and a provider of the informational content to be accessed, the provider of content is the licensor. In an exchange of information or informational rights, each party is a licensor with respect to the information, informational rights, or access it gives.

(44) “Mass–market license” means a standard form used in a mass–market transaction.

(45) “Mass–market transaction” means a transaction that is:

(A) A consumer contract; or

(B) Any other transaction with an end–user licensee if:

(i) The transaction is for information or informational rights directed to the general public as a whole, including consumers, under substantially the same terms for the same information;

(ii) The licensee acquires the information or informational rights in a retail transaction under terms consistent with an ordinary transaction in a retail market; and

(iii) The transaction is not:

1. A contract for redistribution or for public performance or public display of a copyrighted work;

2. A transaction in which the information is customized or otherwise specially prepared by the licensor for the licensee, other than minor customization using a capability of the information intended for that purpose;

3. A site license; or

4. An access contract.

(46) “Merchant” means a person:

(A) That deals in information or informational rights of the kind involved in the transaction;

(B) That by the person’s occupation holds itself out as having knowledge or skill peculiar to the relevant aspect of the business practices or information involved in the transaction; or

(C) To which the knowledge or skill peculiar to the practices or information involved in the transaction may be attributed by the person’s employment of an agent or broker or other intermediary that by its occupation holds itself out as having the knowledge or skill.

(47) “Nonexclusive license” means a license that does not preclude the licensor from transferring to other licensees the same information, informational rights, or contractual rights within the same scope. The term includes a consignment of a copy.

(48) “Notice” of a fact means knowledge of the fact, receipt of notification of the fact, or reason to know the fact exists.

(49) “Notify”, or “give notice”, means to take such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it.

(50) “Party” means a person that engages in a transaction or makes an agreement under this title.

(51) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, governmental subdivision, instrumentality, or agency, public corporation, or any other legal or commercial entity.

(52) “Published informational content” means informational content prepared for or made available to recipients generally, or to a class of recipients, in substantially the same form. The term does not include informational content that is:

(A) Customized for a particular recipient by one or more individuals acting as or on behalf of the licensor, using judgment or expertise; or

(B) Provided in a special relationship of reliance between the provider and the recipient.

(53) “Receipt” means:

(A) With respect to a copy, taking delivery; or

(B) With respect to a notice:

(i) Coming to a person’s attention; or

(ii) Being delivered to and available at a location or system designated by agreement for that purpose or, in the absence of an agreed location or system:

1. Being delivered at the person’s residence, or the person’s place of business through which the contract was made, or at any other place held out by the person as a place for receipt of communications of the kind; or

2. In the case of an electronic notice, coming into existence in an information processing system or at an address in that system in a form capable of being processed by or perceived from a system of that type by a recipient, if the recipient uses, or otherwise has designated or holds out, that place or system for receipt of notices of the kind to be given and the sender does not know that the notice cannot be accessed from that place.

(54) “Receive” means to take receipt.

(55) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(56) “Release” means an agreement by a party not to object to, or exercise any rights or pursue any remedies to limit, the use of information or informational rights which agreement does not require an affirmative act by the party to enable or support the other party’s use of the information or informational rights. The term includes a waiver of informational rights.

(57) “Return”, with respect to a record containing contractual terms that were rejected, refers only to the computer information and means:

(A) In the case of a licensee that rejects a record regarding a single information product transferred for a single contract fee, a right to reimbursement of the contract fee paid from the person to which it was paid or from another person that offers to reimburse that fee, on:

(i) Submission of proof of purchase; and

(ii) Proper redelivery of the computer information and all copies within a reasonable time after initial delivery of the information to the licensee;

(B) In the case of a licensee that rejects a record regarding an information product provided as part of multiple information products integrated into and transferred as a bundled whole but retaining their separate identity:

(i) A right to reimbursement of any portion of the aggregate contract fee identified by the licensor in the initial transaction as charged to the licensee for all bundled information products which was actually paid, on:

1. Rejection of the record before or during the initial use of the bundled product;

2. Proper redelivery of all computer information products in the bundled whole and all copies of them within a reasonable time after initial delivery of the information to the licensee; and

3. Submission of proof of purchase; or

(ii) A right to reimbursement of any separate contract fee identified by the licensor in the initial transaction as charged to the licensee for the separate information product to which the rejected record applies, on:

1. Submission of proof of purchase; and

2. Proper redelivery of that computer information product and all copies within a reasonable time after initial delivery of the information to the licensee; or

(C) In the case of a licensor that rejects a record proposed by the licensee, a right to proper redelivery of the computer information and all copies from the licensee, to stop delivery or access to the information by the licensee, and to reimbursement from the licensee of amounts paid by the licensor with respect to the rejected record, on reimbursement to the licensee of contract fees that it paid with respect to the rejected record, subject to recoupment and setoff.

(58) “Scope”, with respect to terms of a license, means:

(A) The licensed copies, information, or informational rights involved;

(B) The use or access authorized, prohibited, or controlled;

(C) The geographic area, market, or location; or

(D) The duration of the license.

(59) “Seasonable”, with respect to an act, means taken within the time agreed or, if no time is agreed, within a reasonable time.

(60) “Send” means, with any costs provided for and properly addressed or directed as reasonable under the circumstances or as otherwise agreed, to deposit a record in the mail or with a commercially reasonable carrier, to deliver a record for transmission to or re–creation in another location or information processing system, or to take the steps necessary to initiate transmission to or re–creation of a record in another location or information processing system. In addition, with respect to an electronic message, the message must be in a form capable of being processed by or perceived from a system of the type the recipient uses or otherwise has designated or held out as a place for the receipt of communications of the kind sent. Receipt within the time in which it would have arrived if properly sent, has the effect of a proper sending.

(61) “Standard form” means a record or a group of related records containing terms prepared for repeated use in transactions and so used in a transaction in which there was no negotiated change of terms by individuals except to set the price, quantity, method of payment, selection among standard options, or time or method of delivery.

(62) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(63) “Term”, with respect to an agreement, means that portion of the agreement which relates to a particular matter.

(64) “Termination” means the ending of a contract by a party pursuant to a power created by agreement or law otherwise than because of breach of contract.

(65) “Transfer”:

(A) With respect to a contractual interest, includes an assignment of the contract, but does not include an agreement merely to perform a contractual obligation or to exercise contractual rights through a delegate or sublicensee; and

(B) With respect to computer information, includes a sale, license, or lease of a copy of the computer information and a license or assignment of informational rights in computer information.

(66) “Usage of trade” means any practice or method of dealing that has such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question.

(b) The following definitions in this article apply to this title:

(1) “Burden of establishing” § 1-201.

(2) “Document of title” § 1-201.

(3) “Financial asset” § 8-102(a)(9).

(4) “Funds transfer” § 4A-104.

(5) “Identification” to the contract § 2-501.

(6) “Instrument” § 9-102(a)(47).

(7) “Investment property” § 9-102(a)(49).

(8) “Item” § 4-104.

(9) “Letter of credit” § 5-102.

(10) “Payment order” § 4A-103.

(11) “Sale” § 2-106.
Md. Code, Alcoholic Beverages and Cannabis § 22-2301 — MD Code / Article gab / Title 22 / Subtitle 23 / Section 22-2301
§22–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the county without exception or variation.
Md. Code, State Government § 22-406 — MD Code / Article gsg / Title 22 / Subtitle 4 / Section 22-406
§22–406.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Board shall certify as exclusive representative the employee organization receiving the votes in an election from a majority of the employees voting in the election.

(b) After notice and an opportunity for a hearing, the Board may deny or revoke certification as exclusive representative of an employee organization for willful failure to comply with this title.

(c) Notwithstanding any other provision of this subtitle, the Board shall certify the employee organization as the exclusive representative without an election if:

(1) a petition for an exclusive representative has been filed for a bargaining unit;

(2) the Board finds that a majority of the employees in the bargaining unit have signed valid authorizations designating the employee organization as their exclusive representative; and

(3) no other employee organization is currently certified or recognized as the exclusive representative of the bargaining unit.
Md. Code, Public Utilities § 22-105 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-105
§22–105.
Status: in_force

(a) (1) If a bond issued by the Commission is destroyed, lost, or mutilated, the Commission may execute and deliver to the holder or registered owner of the bond a new bond with the same date, number, maturity, and tenor:

(i) on conditions to evidence ownership and the destruction or loss of the bond that the Commission determines; or

(ii) in exchange and substitution for and cancellation of the mutilated bond and any interest coupons.

(2) The Commission may require indemnity and payment of charges in connection with the exchange or substitution of a bond.

(b) (1) If the destroyed, lost, or mutilated bond was guaranteed by Montgomery County and Prince George’s County, the new bond issued in substitution shall be endorsed with a guaranty identical to the guaranty on the destroyed, lost, or mutilated bond.

(2) The endorsement shall be signed as provided in § 22–104 of this subtitle.
Md. Code, State Government § 22-305 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-305
§22–305.
Status: in_force

(a) The Board shall appoint up to three deputy directors.

(b) The deputy directors:

(1) are responsible to and serve at the pleasure of the Board;

(2) must have knowledge of and experience with labor issues;

(3) must be attorneys who:

(i) are licensed by the State at the time of appointment; or

(ii) will become licensed by the State within 12 months after the date of appointment; and

(4) are entitled to the salary provided in the State budget.
Md. Code, Land Use § 22-114 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-114
§22–114.
Status: in_force

A lawful nonconforming use that existed on the effective date of a zoning law enacted by Montgomery County or Prince George’s County under this title in that portion of the regional district in the applicable county that is outside the metropolitan district may be continued and appropriate licenses may be issued.
Md. Code, Education § 22-201 — MD Code / Article ged / Title 22 / Subtitle 2 / Section 22-201
§22–201.
Status: in_force

(a) The Secretary of Health shall appoint a Director of educational programs in the Maryland Department of Health.

(b) The Director shall receive the salary provided in the budget of the Maryland Department of Health.

(c) The Director shall:

(1) Implement and operate the educational programs in the State hospital centers; and

(2) Consult with the Director of the Behavioral Health Administration, the Director of the Developmental Disabilities Administration, and the superintendent of each center about the operation of these programs.
Md. Code, Housing and Community Development § 22-103 — MD Code / Article ghs / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) An Indian authority may do anything necessary or convenient to participate in any State or federal program of low and moderate income housing assistance and community development, including:

(1) entering into and performing a contract or agreement with the State, the United States, or a unit of the federal government;

(2) developing or operating a housing project if approval by ordinance or resolution is obtained from the governing body and chief elected official of the political subdivision where the housing project is located; and

(3) acting as a public housing agency within the meaning of federal law and as an authority within the meaning of State law.

(b) The Department of Housing and Community Development or an authority, acting as a local public agency or public housing agency, may do anything necessary or convenient on behalf of Native American Indians or an Indian tribe in the State.
Md. Code, Public Utilities § 22-112 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-112
§22–112.
Status: in_force

The amount of water service charges and sewer usage charges collected each year for the payment of principal and interest due on outstanding bonds shall be deducted from the amount that the Commission has determined is necessary to be raised by an ad valorem tax on certification to the county councils of Montgomery County and Prince George’s County.
Md. Code, Transportation § 22-405.1 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-405.1
§22–405.
Status: in_force

§22–405.1.

(a) A person may not sell or offer for sale any tire that has been regrooved or recut unless:

(1) The tire is specifically designed to be regrooved or recut; and

(2) Following such procedure, the tire complies with standards established by the United States Department of Transportation.

(b) A person may not sell or transfer any vehicle that is equipped with regrooved or recut tires, unless the tires comply with the requirements of subsection (a) of this section.

(c) A person may not drive or otherwise move on any highway in this State any vehicle that is equipped with regrooved or recut tires, unless the tires comply with the requirements of subsection (a) of this section.

(d) A person may not sell, offer for sale, or have in his possession with intent to sell, any motor vehicle tire or motorcycle tire that has had its tread regrooved without the fact being plainly shown by a marking or label in the English language on the shoulder sidewall of the tire.

(e) A person convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Transportation § 22-202 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

(a) Whenever a requirement is declared in this subtitle as to distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, the requirement applies during the times stated in § 22-201.1 of this subtitle in respect to a vehicle without a load when on a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.

(b) Whenever a requirement is declared in this subtitle as to the mounted height of lamps or devices, it means from the center of the lamp or device to the level ground on which the vehicle stands when the vehicle is without a load.
Md. Code, Health - General § 22-404 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-404
§22–404.
Status: in_force

(a) The Department shall determine whether any chemical used as a fire retardant in a product is a known carcinogen.

(b) If the Department determines that a chemical is a known carcinogen, the Department shall:

(1) Inform the public of this determination; and

(2) Give the public any directions that could reduce the danger from the chemical.
Md. Code, Alcoholic Beverages and Cannabis § 22-1402 — MD Code / Article gab / Title 22 / Subtitle 14 / Section 22-1402
§22–1402.
Status: in_force

(a) (1) To be issued a license for the applicant’s individual use, the applicant shall be a resident of the county at the time the application is filed.

(2) The license holder is required to remain a resident of the county for as long as the license is in effect.

(b) An applicant under this section is not required to be a registered voter.
Md. Code, Commercial Law § 22-202 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

(a) A contract may be formed in any manner sufficient to show agreement, including offer and acceptance or conduct of both parties or operations of electronic agents which recognize the existence of a contract.

(b) If the parties so intend, an agreement sufficient to constitute a contract may be found even if the time of its making is undetermined, one or more terms are left open or to be agreed on, the records of the parties do not otherwise establish a contract, or one party reserves the right to modify terms.

(c) Even if one or more terms are left open or to be agreed upon, a contract does not fail for indefiniteness if the parties intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.

(d) In the absence of conduct or performance by both parties to the contrary, a contract is not formed if there is a material disagreement about a material term, including a term concerning scope.

(e) If a term is to be adopted by later agreement and the parties intend not to be bound unless the term is so adopted, a contract is not formed if the parties do not agree to the term. In that case, each party shall deliver to the other party, or with the consent of the other party destroy, all copies of information, access materials, and other materials received or made, and each party is entitled to a return with respect to any contract fee paid for which performance has not been received, has not been accepted, or has been redelivered without any benefit being retained. The parties remain bound by any contractual use term only with respect to information or copies received or made from copies received pursuant to the agreement, but the contractual use term does not apply to information or copies properly received or obtained from another source.
Md. Code, Commercial Law § 22-401 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-401
§22–401.
Status: reserved

(a) A licensor of information that is a merchant regularly dealing in information of the kind warrants that the information will be delivered free of the rightful claim of any third person by way of infringement or misappropriation, but a licensee that furnishes detailed specifications to the licensor and the method required for meeting the specifications holds the licensor harmless against any such claim that arises out of compliance with either the required specification or the required method except for a claim that results from the failure of the licensor to adopt, or notify the licensee of, a noninfringing alternative of which the licensor had reason to know.

(b) A licensor warrants:

(1) For the duration of the license, that no person holds a rightful claim to, or interest in, the information which arose from an act or omission of the licensor, other than a claim by way of infringement or misappropriation, which will interfere with the licensee’s enjoyment of its interest; and

(2) As to rights granted exclusively to the licensee, that within the scope of the license:

(A) To the knowledge of the licensor, any licensed patent rights are valid and exclusive to the extent exclusivity and validity are recognized by the law under which the patent rights were created; and

(B) In all other cases, the licensed informational rights are valid and exclusive for the information as a whole to the extent exclusivity and validity are recognized by the law applicable to the licensed rights in a jurisdiction to which the license applies.

(c) The warranties in this section are subject to the following rules:

(1) If the licensed informational rights are subject to a right of privileged use, collective administration, or compulsory licensing, the warranty is not made with respect to those rights.

(2) The obligations under subsections (a) and (b)(2) of this section apply solely to informational rights arising under the laws of the United States or a state, unless the contract expressly provides that the warranty obligations extend to rights under the laws of other countries. Language is sufficient for this purpose if it states “The licensor warrants ‘exclusivity’, ‘noninfringement’, ‘in specified countries’, ‘worldwide’”, or words of similar import. In that case, the warranty extends to the specified country or, in the case of a reference to “worldwide” or the like, to all countries within the description, but only to the extent the rights are recognized under a treaty or international convention to which the country and the United States are signatories.

(3) The warranties under subsections (a) and (b)(2) of this section are not made by a license that merely permits use, or covenants not to claim infringement because of the use, of rights under a licensed patent.

(d) Except as otherwise provided in subsection (e) of this section, a warranty under this section may be disclaimed or modified only by specific language or by circumstances that give the licensee reason to know that the licensor does not warrant that competing claims do not exist or that the licensor purports to grant only the rights it may have. In an automated transaction, language is sufficient if it is conspicuous. Otherwise, language in a record is sufficient if it states “There is no warranty against interference with your enjoyment of the information or against infringement”, or words of similar import.

(e) Between merchants, a grant of a “quitclaim”, or a grant in similar terms, grants the information or informational rights without an implied warranty as to infringement or misappropriation or as to the rights actually possessed or transferred by the licensor.
Md. Code, State Personnel and Pensions § 22-209 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) Subject to subsection (c) of this section, as a condition of an individual’s employment contract, an individual may remain a member of the Employees’ Retirement System or the Teachers’ Retirement System without change in the benefits under that retirement system as of December 31, 1979, if:

(1) the individual is a member of that retirement system on December 31, 1979; and

(2) the individual’s membership does not terminate under § 22-217 of this subtitle.

(b) (1) Subject to subsection (c) of this section, an individual receiving benefits under this title on December 31, 1979, shall continue to receive the benefits provided as of December 31, 1979.

(2) The benefits that an individual may continue to receive include:

(i) eligibility for service retirement on or after 30 years of eligibility service or age 60;

(ii) eligibility for a reduced service retirement allowance after a certain length of eligibility service;

(iii) a normal service retirement allowance of one fifty-fifth of average final compensation multiplied by the number of years of creditable service;

(iv) the retirement allowances provided for ordinary or accidental disability;

(v) the selection of options for allowances;

(vi) the adjustment of the allowance for increases in the Consumer Price Index;

(vii) the death benefit;

(viii) the level of member contributions; and

(ix) the length of eligibility service for members to vest benefits in the system.

(c) For a member who receives creditable service under this title on or after July 1, 1984, §§ 22-219 through 22-221 of this subtitle determine:

(1) the rate of earnable compensation that is payable as member contributions;

(2) the computation of the member’s allowance; and

(3) the cost-of-living adjustment of the member’s allowance.
Md. Code, Alcoholic Beverages and Cannabis § 22-2403 — MD Code / Article gab / Title 22 / Subtitle 24 / Section 22-2403
§22–2403.
Status: in_force

The Board may choose to:

(1) have an action for judicial review tried before a jury; and

(2) if the Board has suspended or revoked a license, allow the license holder to operate pending the outcome of the judicial review.
Md. Code, Housing and Community Development § 22-101 — MD Code / Article ghs / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

Title 12 of this article applies to Indian housing authorities except where it is inconsistent with this title.
Md. Code, Alcoholic Beverages and Cannabis § 22-1406 — MD Code / Article gab / Title 22 / Subtitle 14 / Section 22-1406
§22–1406.
Status: in_force

A license holder is entitled to a refund of the unearned portion of the license fee if the license holder voluntarily surrenders the license.
Md. Code, Commercial Law § 22-601 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-601
§22–601.
Status: in_force

(a) A party shall perform in a manner that conforms to the contract.

(b) If an uncured material breach of contract by one party precedes the aggrieved party’s performance, the aggrieved party need not perform except with respect to contractual use terms, but the contractual use terms do not apply to information or copies properly received or obtained from another source. In addition, the following rules apply:

(1) The aggrieved party may refuse a performance that is a material breach as to that performance or a performance that may be refused under § 22–704(b) of this title.

(2) The aggrieved party may cancel the contract only if the breach is a material breach of the whole contract or the agreement so provides.

(c) Except as otherwise provided in subsection (b) of this section, tender of performance by a party entitles the party to acceptance of that performance. In addition, the following rules apply:

(1) A tender of performance occurs when the party, with manifest present ability and willingness to perform, offers to complete the performance.

(2) If a performance by the other party is due at the time of the tendered performance, tender of the other party’s performance is a condition to the tendering party’s obligation to complete the tendered performance.

(3) A party shall pay or render the consideration required by the agreement for a performance it accepts. A party that accepts a performance has the burden of establishing a breach of contract with respect to the accepted performance.

(d) Except as otherwise provided in §§ 22–603 and 22–604 of this subtitle, in the case of a performance with respect to a copy, this section is subject to §§ 22–606 through 22–610 of this subtitle and §§ 22–704 through 22–707 of this title.
Md. Code, Commercial Law § 22-406 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-406
§22–406.
Status: in_force

(a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to disclaim or modify an express warranty must be construed wherever reasonable as consistent with each other. Subject to § 22–301 of this title with regard to parol or extrinsic evidence, the disclaimer or modification is inoperative to the extent that such construction is unreasonable.

(b) Except as otherwise provided in subsections (c), (d), and (e) of this section, to disclaim or modify an implied warranty or any part of it, but not the warranty in § 22–401 of this subtitle, the following rules apply:

(1) Except as otherwise provided in this subsection:

(A) To disclaim or modify the implied warranty arising under § 22–403 of this subtitle, language must mention “merchantability” or “quality” or use words of similar import and, if in a record, must be conspicuous.

(B) To disclaim or modify the implied warranty arising under § 22–404 of this subtitle, language in a record must mention “accuracy” or use words of similar import.

(2) Language to disclaim or modify the implied warranty arising under § 22–405 of this subtitle must be in a record and be conspicuous. It is sufficient to state “There is no warranty that this information, our efforts, or the system will fulfill any of your particular purposes or needs”, or words of similar import.

(3) Language in a record is sufficient to disclaim all implied warranties if it individually disclaims each implied warranty or, except for the warranty in § 22–401 of this subtitle, if it is conspicuous and states “Except for express warranties stated in this contract, if any, this ‘information’/’computer program’ is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user”, or words of similar import.

(4) A disclaimer or modification sufficient under Title 2 or Title 2A of this article to disclaim or modify an implied warranty of merchantability is sufficient to disclaim or modify the warranties under §§ 22–403 and 22–404 of this subtitle. A disclaimer or modification sufficient under Title 2 or Title 2A of this article to disclaim or modify an implied warranty of fitness for a particular purpose is sufficient to disclaim or modify the warranties under § 22–405 of this subtitle.

(c) Unless the circumstances indicate otherwise, all implied warranties, but not the warranty under § 22–401 of this subtitle, are disclaimed by expressions like “as is” or “with all faults” or other language that in common understanding calls the licensee’s attention to the disclaimer of warranties and makes plain that there are no implied warranties.

(d) If a licensee before entering into a contract has examined the information or the sample or model as fully as it desired or has refused to examine the information, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed to the licensee.

(e) An implied warranty may also be disclaimed or modified by course of performance, course of dealing, or usage of trade.

(f) If a contract requires ongoing performance or a series of performances by the licensor, language of disclaimer or modification which complies with this section is effective with respect to all performances under the contract.

(g) Remedies for breach of warranty may be limited in accordance with this title with respect to liquidation or limitation of damages and contractual modification of remedy.

(h) The provisions of subsections (a) through (g) of this section do not apply to a consumer contract.

(i) (1) Any oral or written language used in a consumer contract, which attempts to exclude or modify any implied warranties of merchantability of a computer program created under § 22–403 of this subtitle, or implied warranties of fitness for a particular purpose under § 22–405 of this subtitle, or exclude or modify the consumer’s remedies for a breach of those warranties, is unenforceable.

(2) A merchant may recover from a manufacturer or a licensor that caused the breach any damages resulting from the breach of implied warranties of merchantability or fitness for a particular purpose that could not be disclaimed or modified under this section.

(j) Any oral or written language used in a consumer contract which attempts to limit or modify a consumer’s remedies for breach of a merchant’s, licensor’s, or manufacturer’s express warranties is unenforceable unless the merchant, licensor, or manufacturer provides reasonable and expeditious means of performing the warranty obligations.

(k) The provisions of §§ 22–403 and 22–405 of this subtitle do not apply to:

(1) Computer information or a computer program provided for no fee, unless the computer information or computer program is provided in conjunction with the sale or lease of goods, services, other computer information, or another computer program; or

(2) Computer information or a computer program provided as a beta test or similar experimental version of the computer information or computer program.

(l) The provisions of § 22–403 of this subtitle do not apply to a computer program provided under a license that does not impose a license fee for the right to the source code, to make copies, to modify, and to distribute the computer program.
Md. Code, State Personnel and Pensions § 22-204 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-204
§22–204.
Status: in_force

If eligibility of an individual for membership in the Employees’ Retirement System is unclear, the Board of Trustees shall determine whether the individual is a member without regard to the method of payment of the individual’s compensation.
Md. Code, Transportation § 22-402.1 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-402.1
§22–402.
Status: in_force

§22–402.1.

(a) A person may not willfully or intentionally remove, alter, or otherwise render inoperable except for a bona fide repair or replacement, any exhaust emission control device that has been installed by a manufacturer of motor vehicles on a motor vehicle manufactured as a 1968 or later model, if the motor vehicle is factory equipped with this device as required by federal law or by rule or regulation adopted by the Administrator.

(b) A person may not willfully or intentionally remove, alter, or otherwise render inoperable except for a bona fide repair or replacement, any gasoline tank filler inlet device that has been installed by a manufacturer of motor vehicles on a motor vehicle manufactured as a 1968 or later model, if the motor vehicle is factory equipped with this device as required by federal law or by rule or regulation adopted by the Administrator.

(c) A person may not willfully or intentionally remove, alter, or otherwise render inoperable except for a bona fide repair or replacement, any crankcase ventilation device that has been installed by a manufacturer of motor vehicles on a motor vehicle manufactured as a 1968 or later model, if the motor vehicle is factory equipped with this device as required by federal law or by rule or regulation adopted by the Administrator.
Md. Code, Transportation § 22-603 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-603
§22–603.
Status: in_force

(a) The Administrator and the Department of State Police jointly shall adopt regulations for the administration and enforcement of the sound level limits established under § 22-601 of this subtitle for the operation of vehicles.

(b) These regulations shall include the selection of measurement sites and measurement procedures to be based on accepted scientific and professional methods for the measurement of vehicular sound levels.
Md. Code, Public Utilities § 22-202 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

(a) The Commission may issue and sell revenue bonds to finance or refinance any of the Commission’s costs of a project authorized under this division.

(b) (1) Revenue bonds may finance:

(i) necessary expenses of preparing, printing, selling, and issuing the bonds;

(ii) funding of reserves;

(iii) payment of interest related to financing a project in the amounts and for the period that the Commission determines; and

(iv) initial program development costs.

(2) Commission funding sources, other than revenue bond proceeds, may finance initial program development costs or other project costs only if those costs are reimbursed from project revenues.

(c) (1) The Commission may issue bonds under this subtitle only if the Commission authorizes the issuance by resolution.

(2) The resolution may authorize one or more officers of the Commission to determine or specify by bond order the matters that this subtitle requires to be determined or specified, or as may be necessary or advisable to accomplish the purposes of this subtitle.

(d) Bonds issued under this subtitle, and their principal, interest, and any premium:

(1) are limited obligations of the Commission;

(2) are payable solely from the revenues identified in the authorizing resolution or from other money made available for the payment; and

(3) do not constitute a pledge of the faith and credit of the Commission or of any entity with taxing power.

(e) (1) (i) Except as provided in subparagraph (ii) of this paragraph, bonds issued under this subtitle shall be dated, bear interest, and mature at the time that the Commission determines.

(ii) The bonds shall mature no later than 50 years after their date of issue.

(2) The bonds may bear interest at variable rates of interest, in a manner and amounts that the Commission determines.

(3) The bonds shall be payable in the manner and at the times and places that the Commission determines.

(4) The bonds may be made redeemable before maturity at the option of the Commission at a price and under terms and conditions that the Commission determines.

(5) (i) The Commission shall determine the forms and manner of execution of the bonds.

(ii) The bonds may be executed by facsimile signature.

(6) If an officer whose signature appears on a bond ceases to be an officer before the bond is delivered, the signature of the officer is valid and sufficient as if the officer had remained in office until delivery.
Md. Code, Public Utilities § 22-206 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-206
§22–206.
Status: in_force

As determined by the Commission, bonds issued under this subtitle may be secured by or made payable from:

(1) letters of credit;

(2) lines of credit;

(3) bond purchase agreements;

(4) bond insurance policies;

(5) guaranty agreements; and

(6) similar credit arrangements.