Md. Code, Commercial Law § 22-209 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) A party adopts the terms of a mass-market license for purposes of § 22-208 of this subtitle only if the party agrees to the license, such as by manifesting assent, before or during the party’s initial performance or use of or access to the information. A term is not part of the license if:

(1) The term is unconscionable;

(2) The term is unenforceable, after weighing fundamental public policies, including fundamental public policies concerning competition or innovation, under § 22-105(a) or (b) of this title;

(3) Subject to § 22-301 of this title, the term conflicts with a term to which the parties to the license have expressly agreed; or

(4) The term is not available for viewing before and after assent:

(A) In a printed license; or

(B) In electronic form that:

(i) Can be printed or stored for archival and review purposes by the licensee; or

(ii) Is made available by a licensor to a licensee, at no cost to the licensee, in a printed form on the request of a licensee that is unable to print or store the license for archival and review purposes.

(b) If a mass-market license or a copy of the license is not available in a manner permitting an opportunity to review by the licensee before the licensee becomes obligated to pay and the licensee does not agree, such as by manifesting assent, to the license after having an opportunity to review, the licensee is entitled to a return under § 22-112 of this title and, in addition, to:

(1) Reimbursement of any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information or, in the absence of instructions, expenses incurred for return postage or similar reasonable expense in returning the computer information; and

(2) Compensation for any reasonable and foreseeable costs of restoring the licensee’s information processing system to reverse changes in the system caused by the installation, if:

(A) The installation occurs because information must be installed to enable review of the license; and

(B) The installation alters the system or information in it but does not restore the system or information after removal of the installed information because the licensee rejected the license.

(c) In a mass-market transaction, if the licensor does not have an opportunity to review a record containing proposed terms from the licensee before the licensor delivers or becomes obligated to deliver the information, and if the licensor does not agree, such as by manifesting assent, to those terms after having that opportunity, the licensor is entitled to a return.

(d) A term in a mass-market license that limits the duration of the license shall be conspicuous.
Md. Code, Alcoholic Beverages and Cannabis § 22-902 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-902
§22–902.
Status: in_force

(a) There is:

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

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

(b) The Board may issue the license to a license holder for use by:

(1) a hotel that:

(i) accommodates the public and provides service ordinarily found in hotels; and

(ii) has:

1. at least 25 rooms;

2. a lobby with a registration and mail desk; and

3. a dining room that serves full–course meals at least twice daily; or

(2) a restaurant that:

(i) serves full–course meals at least twice daily on each day it is open;

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

(iii) has had a greater daily average in receipts from food sales than from beer, wine, and liquor sales during the 6 months immediately before the application for the license was made.

(c) (1) The license authorizes the license holder to sell beer, wine, and liquor, including at a bar or counter in a hotel, at retail at the place described in the license, for on–premises consumption.

(2) A holder of a license issued before July 1, 1984, also may sell:

(i) beer and wine for off–premises consumption, including:

1. subject to paragraph (3) of this subsection, beer in individual bottles and cans; and

2. wine in split bottles; and

(ii) liquor, if the license holder was granted an off–sale liquor option.

(3) Beer may be sold for off–premises consumption in:

(i) bottles or cans exceeding 12 ounces in weight or size, if the beer is sold in a quantity of less than six; or

(ii) a containerized package, if the package holds at least six bottles or containers.

(d) (1) A license holder with an option authorizing the sale of liquor for off–premises consumption may exercise that option in an area that:

(i) is described in the license application;

(ii) may not exceed 20% of the area normally used in the operation of the restaurant, not including additions or extensions; and

(iii) unless sales are conducted only from behind a bar, is separate and distinct from the restaurant seating area.

(2) If the license application indicates that sales of beer, wine, and liquor for off–premises consumption will be more extensive than from behind a bar, the applicant shall provide a separate outside entrance for purchasers of alcoholic beverages for off–premises consumption.

(3) To meet food sale requirements, receipts for sales of liquor for off–premises consumption may not be included in the calculation of sales.

(e) (1) Subject to paragraph (2) of this subsection, if a restaurant holding a Class B beer, wine, and liquor license is located within a freestanding establishment containing bowling lanes associated with the restaurant, the license holder may sell and allow customers to carry or consume alcoholic beverages within any place in the bowling alley or restaurant.

(2) The additional privilege under this subsection is available between 6 p.m. and the normal closing time for the license.

(3) This subsection:

(i) only confers additional privileges on licenses for restaurants that are associated with bowling alleys; but

(ii) does not create a separate class of license for bowling alleys.

(f) A license holder with an off–sale option shall continually maintain a minimum stock of $8,000 wholesale value in beer, wine, and liquor.

(g) (1) The annual license fees for a 6–day license are:

(i) $2,260 for a hotel; and

(ii) $1,720 for a restaurant.

(2) The annual license fees for a 7–day license are:

(i) $2,685 for a hotel; and

(ii) $2,145 for a restaurant.

(3) The annual license fees for an option to sell liquor for off–premises consumption are:

(i) $350 for a 6–day restaurant; and

(ii) $450 for a 7–day restaurant.
Md. Code, Transportation § 22-402 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

(a) Every motor vehicle with an internal combustion engine shall be equipped with an exhaust muffler system in good working order and in constant operation to prevent excessive or unusual noise, and no person may use a muffler cutout, bypass, or similar device on a motor vehicle on a highway. Noise levels in excess of those adopted by the Administrator under § 22-601 of this title are excessive.

(b) A person may not use on the exhaust or “tail pipe” of a motor vehicle any extension or other device to cause excessive or unusual noise.

(c) (1) No motor vehicle may be operated, nor may the owner or lessee of a motor vehicle permit it to be operated, on any highway in this State unless the engine power and exhaust mechanism is equipped, adjusted, and operated to prevent:

(i) The discharge of clearly visible smoke (comparable to smoke equal to or darker in shade than that designated as No. 1 of the Ringelmann Chart as published by the U.S. Bureau of Mines) in the exhaust emissions within the proximity of the exhaust outlet for more than 10 consecutive seconds; and

(ii) The discharge of smoke from any other part of the engine in such amounts and of such opacity as to partially obscure persons or objects from view.

(2) In this subsection, “smoke” means small gasborne and airborne particles, exclusive of water vapor, from a process of combustion in sufficient numbers to be observable.

(3) A motor vehicle engine may not be allowed to operate for more than 5 consecutive minutes when the vehicle is not in motion, except as follows:

(i) When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

(ii) When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle;

(iii) To bring the vehicle to the manufacturer’s recommended operating temperature; or

(iv) When it is necessary to accomplish the intended use of the vehicle.

(4) For a period of 1 year from July 1, 1971, this subsection shall be enforced by issuance of a warning. One year from July 1, 1971, it shall be enforced in the same manner as other violations of this section.

(5) This subsection does not apply to Class L (historic) vehicles.

(d) In this section, “muffler” means a device designed for and effective in reducing noise while permitting the flow of gases.

(e) All mufflers and exhaust pipes carrying exhaust gases from the motor shall be of leakproof construction.
Md. Code, Transportation § 22-218.1 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-218.1
§22–218.
Status: in_force

§22–218.1.

(a) Any rural letter carrier’s motor vehicle may be equipped with a warning device for the purpose of warning the drivers of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, and passing, and, when so equipped, may display the device in addition to any other warning signal required or permitted by law.

(b) The warning device shall include two bi-directional lights mounted at each side of the vehicle on the roof, with two amber lenses facing the rear and two amber lenses facing the front.

(c) Each light shall be at least 4 inches in diameter and shall be powered by a bulb of at least 21 candlepower, with reflectorization sufficient to assure visibility for at least 500 feet in front of and to the rear of the vehicle.

(d) The lights shall be wired with one “on-off” switch and one “flashing” switch, which shall activate both lights simultaneously, and which may be wired to operate from the vehicle’s stoplight switch.

(e) Between each light on the assembly of the device a sign shall be mounted with the words “U.S. Mail” in black letters on a white background, facing both to the front and the rear.

(f) The lettering on the sign shall be at least 4 inches in height, and the width of each stroke shall be at least 3/4 of an inch.

(g) The sign shall be constructed to permit it to be folded down out of vision when not in use.

(h) The warning device may be used only during the discharge of a rural letter carrier’s official duties.

(i) Before the first stop on the route and following the last one the lights shall be darkened and the sign folded down out of vision.

(j) The warning device may not be installed or operated until an application has been submitted to and approved by the Administration.

(k) The application shall be made by the individual rural letter carrier on forms furnished by the Administration.
Md. Code, Transportation § 22-412.2 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-412.2
§22–412.
Status: in_force

§22–412.2.

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

(2) (i) “Child safety seat” means a device, including a child booster seat, that the manufacturer:

1. Certifies is manufactured in accordance with applicable federal safety standards; and

2. Intends to be used to restrain, seat, or position a child who is transported in a motor vehicle.

(ii) “Child safety seat” does not mean a seat belt or combination seat belt–shoulder harness used alone.

(3) (i) “Seat belt” means a restraining device described under § 22–412 of this subtitle.

(ii) “Seat belt” includes a combination seat belt–shoulder harness.

(b) A child safety seat meets the requirements of this section only if it is installed and used in accordance with the directions of the manufacturer.

(c) This section applies to the transportation of a child in:

(1) A motor vehicle registered, or of a type capable of being registered, in this State as a:

(i) Class A (passenger) vehicle;

(ii) Class E (truck) vehicle; or

(iii) Class M (multipurpose) vehicle; and

(2) A vehicle registered in another state or Puerto Rico that is the same type of vehicle as a vehicle identified in item (1) of this subsection.

(d) (1) Subject to paragraph (2) of this subsection, a person transporting a child under the age of 8 years in a motor vehicle shall secure the child in a child safety seat in accordance with the child safety seat and vehicle manufacturers’ instructions unless the child is 4 feet, 9 inches tall or taller.

(2) A person transporting a child under the age of 2 years in a motor vehicle shall secure the child in a rear–facing child safety seat that complies with applicable federal regulations until the child reaches the weight or height limit specified by the manufacturer of the child safety seat.

(e) Subject to subsection (d) of this section, a person may not transport a child under the age of 16 years unless the child is secured in:

(1) A child safety seat in accordance with the child safety seat and vehicle manufacturers’ instructions; or

(2) A seat belt.

(f) Notwithstanding subsection (d) of this section, if a physician, who is licensed to practice medicine in the state in which the vehicle transporting the child is registered, certifies in writing that use of a child safety seat by a particular child would be impractical due to the child’s weight, height, physical unfitness, or other medical reason, there is not a violation of this section.

(g) A child safety seat or seat belt may not be used to restrain, seat, or position more than one individual at a time.

(h) A violation of this section is not contributory negligence and may not be admitted as evidence in the trial of any civil action.

(i) A violation of this section is not considered a moving violation for purposes of § 16–402 of this article.

(j) The failure to provide a child safety seat or seat belt for more than one child in the same vehicle at the same time, as required by this section, shall be treated as a single violation.

(k) (1) (i) Except as provided in subparagraph (ii) of this paragraph, any person convicted of a violation of this section is subject to a fine of $50.

(ii) A person who violates subsection (d)(2) of this section by securing a child under the age of 2 years in a child safety seat that is not rear–facing is subject to a written warning for a first violation.

(2) A judge may waive a fine under paragraph (1)(i) of this subsection if the person charged with a violation of this section:

(i) Did not possess a child safety seat at the time of the violation;

(ii) Acquires a child safety seat prior to the hearing date; and

(iii) Provides proof of acquisition to the court.

(l) The Department of Transportation and the Maryland Department of Health shall jointly implement the Child Safety Seat Program and foster compliance with this section through educational and promotional efforts.
Md. Code, Health - General § 22-407 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-407
§22–407.
Status: in_force

A person who willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
Md. Code, Land Use § 22-209 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) This section applies to applications filed for amendments to zoning classifications in Montgomery County.

(b) Except as provided in subsection (c) of this section, an application shall be granted only by the affirmative vote of at least five members of the district council.

(c) (1) Except as provided in paragraph (2) of this subsection, an application that seeks a zoning classification not shown as appropriate or suitable in the text or on the land use map of a master plan that the district council has approved under § 21–107 of this article may be granted only by the affirmative vote of eight members of the district council.

(2) If the Commission recommends approval of the application for reclassification or if the application is for a zoning classification created after the district council approves the master plan, the affirmative vote of six members of the district council is required to grant the application.
Md. Code, Transportation § 22-209 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) Front clearance lamps, identification lamps, and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

(b) Rear clearance lamps, identification lamps, and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.
Md. Code, Land Use § 22-101 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

(a) The County Council of Montgomery County is the district council for that portion of the regional district located in Montgomery County.

(b) The County Council of Prince George’s County is the district council for that portion of the regional district located in Prince George’s County.
Md. Code, Transportation § 22-406 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-406
§22–406.
Status: in_force

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

(2) “Aftermarket safety glass replacement” means motor vehicle safety glass replacement services that occur after the original installation by a vehicle manufacturer.

(3) “Safety glass” means:

(i) Any glass product that is so made or treated as substantially to prevent the glass from shattering and flying when struck or broken; or

(ii) Any similar or other product that the Administration approves.

(b) A person may not drive on any highway in this State any motor vehicle manufactured or assembled after June 1, 1937, and registered in this State, unless the vehicle is equipped with safety glass wherever glass is used in the motor vehicle in doors, windows, windshields, and wings.

(c) A person may not sell any motor vehicle manufactured or assembled after June 1, 1937, registered or intended to be registered in this State and driven or intended to be driven on any highway in this State, unless the vehicle is equipped with safety glass wherever glass is used in the motor vehicle in doors, windows, windshields, and wings. Each sale in violation of this provision is a separate offense.

(d) The owner of any motor vehicle may not have broken glass in the windshield of the vehicle replaced with any glass other than safety glass.

(e) The owner of any motor vehicle may not have safety glass, broken or otherwise, in doors, windows, or wings of the motor vehicle replaced with any glass other than safety glass.

(f) A person may not install in the doors, windows, windshields, and wings of any motor vehicle any glass other than glass required by subsections (d) and (e) of this section.

(g) (1) (i) The Administration shall compile, maintain, and publish a list, by name, of the types of glass approved by it as conforming to the specifications and requirements of safety glass as set forth in this section.

(ii) The Administration shall adopt regulations establishing standards and requirements for aftermarket safety glass replacement that:

1. Require that the products and services used meet or exceed original equipment manufacturer specifications;

2. Require the use of motor vehicle safety glass that meets American National Standards Institute Z26.1 in accordance with Federal Motor Vehicle Safety Standard 205 and any other applicable federal motor vehicle safety standard adopted by the National Highway Transportation Safety Administration; and

3. Meet or exceed the standards and requirements of the American National Standards Institute/Auto Glass Safety Council/Automotive Glass Replacement Safety Standard.

(2) The Administration may not register any motor vehicle that is subject to the provisions of this section unless it is equipped with an approved type of safety glass and shall suspend the registration of any motor vehicle subject to this section that the Administration finds is not so equipped until the vehicle is made to conform to the requirements of this section.

(h) In case of any violation of any provision of this section by any common carrier or person operating under a permit issued by the Public Service Commission of Maryland, the permit shall either be revoked or, in the discretion of the Commission, suspended until the provision is complied with to the satisfaction of the Commission.

(i) (1) Except as provided in paragraph (4) of this subsection, a person may not operate a vehicle registered under § 13–912, § 13–913, § 13–917, or § 13–937 of this article on a highway in this State if:

(i) In the case of a vehicle registered under § 13–912 of this article, there is affixed to any window of the vehicle any tinting materials added to the window after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%; and

(ii) In the case of a vehicle registered under § 13–913, § 13–917, or § 13–937 of this article, there is affixed to any window to the immediate right or left of the driver any window tinting materials added after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%.

(2) If a police officer observes that a vehicle is being operated in violation of paragraph (1) of this subsection, the officer may stop the driver of the vehicle and, in addition to a citation charging the driver with the offense, issue to the driver a safety equipment repair order in accordance with the provisions of § 23–105 of this article.

(3) A person may not install on a window of a vehicle any window tinting material that does not comply with the light transmittance requirements specified in paragraph (1) of this subsection.

(4) (i) A person who must be protected from the sun for medical reasons is exempt from the provisions of paragraph (1) of this subsection if the owner has, in the vehicle at the time the vehicle is stopped by a police officer, a written certification in the manner and format required by the Automotive Safety Enforcement Division of the Department of State Police that details the owner’s medical need for tinted windows with a light transmittance of less than the allowed 35%, from a physician licensed to practice medicine in the State.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a written certification under this paragraph shall be valid for a period of time that the licensed physician determines the owner needs the enhanced tinted windows, not to exceed 2 years.

2. If the licensed physician determines that the owner’s medical condition is permanent, a written certification under this paragraph shall be valid indefinitely.

(iii) This subsection does not apply to tinting materials that:

1. Are affixed in such a manner so as to be easily removed; and

2. Are being used to protect a child less than 10 years of age from the sun.

(iv) Nothing in this subsection may be construed to:

1. Allow any tinting materials to be added to the windshield of a vehicle below the AS1 line or below 5 inches from the top of the windshield;

2. Prohibit a person from operating the vehicle while the person for whom the written certification is required is not present in the vehicle, provided that the written certification is in the vehicle; or

3. Alter or restrict the authority of the Administrator to adopt regulations regarding vehicle windows, except with respect to the light transmittance requirements specified in this section.
Md. Code, Transportation § 22-606 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-606
§22–606.
Status: in_force

(a) A person may not sell, offer for sale, distribute, or lease in this State any motor vehicle manufactured after July 1, 1974, if the vehicle has a sound level potential that exceeds the maximum sound level limits established under § 22-605 of this subtitle for that type of new motor vehicle.

(b) The Administration may not register or issue a certificate of title for any motor vehicle manufactured after July 1, 1974, unless, when the vehicle is first sold for purposes other than resale, it complies with the noise level limits established under § 22-605 of this subtitle for new motor vehicles.
Md. Code, Health - General § 22-305 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-305
§22–305.
Status: in_force

(a) Except for a State adopted federal regulation, the Secretary may not adopt any rule or regulation under this subtitle unless the requirements of this subtitle and the Administrative Procedure Act are met.

(b) If the Secretary proposes to set a standard for child resistant packaging of a dangerous household substance, the Secretary shall publish:

(1) The findings made by the Secretary under § 22-303 of this subtitle;

(2) The reasons for the proposed standard; and

(3) The citation of each statutory provision that authorizes the action.
Md. Code, Alcoholic Beverages and Cannabis § 22-2602 — MD Code / Article gab / Title 22 / Subtitle 26 / Section 22-2602
§22–2602.
Status: in_force

The county may:

(1) adopt an ordinance or a resolution supplementing the prohibition against disorderly intoxication under § 6–320 of this article; and

(2) regulate possession or consumption of alcoholic beverages on public property, property used by the public, or a highway.
Md. Code, Land Use § 22-115 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-115
§22–115.
Status: in_force

To carry out §§ 22–112 through 22–114 of this subtitle, the Commission shall supply a copy of any map that shows the residential, commercial, industrial, and other zones or districts in the regional district to each:

(1) clerk;

(2) administrative official;

(3) licensing body; and

(4) any other official or body authorized to issue a license or permit.
Md. Code, Public Utilities § 22-203 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

Bonds issued under this subtitle are negotiable instruments under the laws of the State.
Md. Code, Transportation § 22-303 — MD Code / Article gtr / Title 22 / Subtitle 3 / Section 22-303
§22–303.
Status: in_force

All brakes shall be maintained in good working order and shall be adjusted to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
Md. Code, Health - General § 22-502 — MD Code / Article ghg / Title 22 / Subtitle 5 / Section 22-502
§22–502.
Status: in_force

(a) In accordance with the Administrative Procedure Act, for the protection of the public health and safety, the Secretary may adopt rules and regulations that:

(1) Declare to be a hazardous material any substance that the Secretary finds:

(i) Meets the standards for being a hazardous material;

(ii) Is a toy or other substance intended for use by children that presents an electrical, mechanical, or thermal hazard; or

(iii) Needs to be declared a hazardous material to remove any uncertainty as to whether it is hazardous material;

(2) Set requirements for labeling hazardous material; and

(3) Declare any hazardous material to be a banned hazardous material and require its removal from commerce if the Secretary finds that:

(i) The hazardous material is a danger to the public health and safety; and

(ii) Proper labeling cannot protect the public health and safety adequately.

(b) To the extent the Secretary finds to be consistent with protecting the public health and safety adequately, the Secretary shall adopt rules and regulations that exempt or partially exempt hazardous material from the labeling requirements if compliance with labeling requirements is impractical or unnecessary:

(1) Because of the size of the package that contains the hazardous material;

(2) Because the hazard is minor; or

(3) For other good reason.
Md. Code, Alcoholic Beverages and Cannabis § 22-1804 — MD Code / Article gab / Title 22 / Subtitle 18 / Section 22-1804
§22–1804.
Status: in_force

The requirement for a criminal history records check under § 4–107 of this article does not apply to applicants for license renewal.
Md. Code, Transportation § 22-225 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-225
§22–225.
Status: in_force

Any motor vehicle may be operated under the conditions specified in § 22–201.1 of this subtitle when equipped with two lighted lamps on its front capable of revealing persons and objects 75 feet ahead instead of lamps required in § 22–222 or § 22–224 of this subtitle, provided, however, that at no time may it be operated at a speed in excess of 20 miles per hour.
Md. Code, Alcoholic Beverages and Cannabis § 22-2005 — MD Code / Article gab / Title 22 / Subtitle 20 / Section 22-2005
§22–2005.
Status: in_force

This title does not require a holder of a license that allows the sale of alcoholic beverages for on–premises consumption to close the licensed premises until 2 a.m. on January 1.
Md. Code, State Personnel and Pensions § 22-308 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-308
§22–308.
Status: in_force

(a) Creditable service on which the allowance of a member is based consists of:

(1) eligibility service, except as provided in subsection (b) of this section; and

(2) credit for unused sick leave as provided in § 20-206 of this article.

(b) (1) Except as provided in paragraph (2) of this subsection, a member’s creditable service for a period of regular part-time employment equals the member’s actual employment during that period.

(2) Subject to paragraph (3) of this subsection, a member’s creditable service for a period of regular part-time employment equals the member’s eligibility service for that period if:

(i) the medical board determines that the member’s part-time employment is a result of a medically determined disability that prevents full-time work; and

(ii) the member then elects to make the contributions for full-time employment required by § 22-214 of this title.

(3) Except to the extent that a disability was aggravated after a member’s enrollment, paragraph (2) of this subsection does not apply to a disability incurred before a member’s enrollment.
Md. Code, Alcoholic Beverages and Cannabis § 22-1507 — MD Code / Article gab / Title 22 / Subtitle 15 / Section 22-1507
§22–1507.
Status: in_force

Before the Board issues a license, the Board shall consider and determine as suitable:

(1) the moral character and financial responsibility of the applicant;

(2) the general fitness of the applicant to uphold the public trust; and

(3) the appropriateness of the location described in the application, taking into consideration:

(i) the number of existing licenses; and

(ii) any objections from property owners living in the immediate neighborhood of the location described in the application.
Md. Code, Commercial Law § 22-617 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-617
§22–617.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a party may not terminate a contract except on the happening of an agreed event, such as the expiration of the stated duration, unless the party gives reasonable notice of termination to the other party.

(b) An access contract may be terminated without giving notice. However, except on the happening of an agreed event, termination requires giving reasonable notice to the licensee if the access contract pertains to information owned and provided by the licensee to the licensor.

(c) A term dispensing with a notice required under this section is invalid if its operation would be unconscionable. However, a term specifying standards for giving notice is enforceable if the standards are not manifestly unreasonable.
Md. Code, Alcoholic Beverages and Cannabis § 22-2004 — MD Code / Article gab / Title 22 / Subtitle 20 / Section 22-2004
§22–2004.
Status: in_force

(a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(b) A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(c) A holder of a Class B–3 beer, wine, and liquor license may sell beer, wine, and liquor:

(1) for a 6–day license, on Monday through Saturday, from 8 a.m. to 2 a.m. the following day; and

(2) for a 7–day license, on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(d) (1) Subject to paragraph (2) of this subsection, a holder of a Class BFD (fine dining) on–sale beer, wine, and liquor license may sell beer, wine, and liquor:

(i) for a 6–day license, on Monday through Saturday, from 8 a.m. to 2 a.m. the following day; and

(ii) for a 7–day license, on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(2) The restaurant for which a Class BFD license is issued shall open for business not later than 5 p.m.

(e) A holder of a Class BNR on–sale beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(f) (1) This subsection applies to Class C–1, C–2, and C–3 (on–sale) organization or club beer, wine, and liquor licenses.

(2) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor:

(i) for a 6–day license, on Monday through Saturday, from 8 a.m. to 2 a.m. the following day; and

(ii) for a 7–day license, on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(g) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.
Md. Code, Alcoholic Beverages and Cannabis § 22-2705 — MD Code / Article gab / Title 22 / Subtitle 27 / Section 22-2705
§22–2705.
Status: in_force

(a) In this section, “knowingly” means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual.

(b) A license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to a habitual drunkard.

(c) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, a fine not exceeding $50; and

(2) for each subsequent offense, imprisonment not exceeding 30 days or a fine not exceeding $100 or both.
Md. Code, Transportation § 22-201.2 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-201.2
§22–201.
Status: in_force

§22–201.2.

(a) Notwithstanding any other provision of this subtitle, if a driver of a vehicle on a highway operates the vehicle’s windshield wipers for a continuous period of time because of impaired visibility resulting from unfavorable atmospheric conditions, the driver shall light the vehicle’s headlamps.

(b) A violation of this section is not considered a moving violation for purposes of § 16–402 of this article.

(c) (1) If a person is convicted under this section, the conviction may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory negligence;

(iii) Limit liability of a party or an insurer; or

(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a violation of this section.

(3) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity arising out of an incident that involves a defectively installed or defectively operating headlamp.

(d) A person who is convicted of a violation of subsection (a) of this section is subject to a fine not to exceed $25.

(e) A police officer may enforce the provisions of this section only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.
Md. Code, Alcoholic Beverages and Cannabis § 22-805 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-805
§22–805.
Status: in_force

(a) There is a Class B Cafe beer and wine license.

(b) (1) The Board may issue the license for use by a cafe if:

(i) the Board determines that the cafe has adequate tables, chairs, food, and facilities for preparing and serving meals;

(ii) the average gross monthly receipts from the sale of cooked or prepared food served at the cafe and other items approved by the Board exceed 50% of the average monthly receipts from the sale of beer and wine sold for on–premises consumption; and

(iii) not more than 10% of the total square footage of the cafe is dedicated to the public display of beer and wine that are offered for sale.

(2) The Board shall set a maximum and a minimum seating capacity for the cafe.

(3) The license:

(i) authorizes the license holder to sell beer and wine 7 days a week at a cafe, at retail, at the place described in the license, for on– and off–premises consumption;

(ii) has a wine tasting privilege for on–premises consumption for every day of the year; and

(iii) may be used for off–premises catering.

(c) The Board shall set the maximum number of cafe licenses that it may issue under this section.

(d) The annual license fee is $1,575.
Md. Code, Alcoholic Beverages and Cannabis § 22-1103 — MD Code / Article gab / Title 22 / Subtitle 11 / Section 22-1103
§22–1103.
Status: in_force

(a) The Board may issue a refillable container permit for wine to a holder of:

(1) a Class A–1 license;

(2) a Class A–2 license;

(3) a Class B license that has off–sale privileges; or

(4) a Class D license.

(b) The annual permit fee is $50.
Md. Code, Public Utilities § 22-104 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-104
§22–104.
Status: in_force

(a) (1) The bonds shall be:

(i) issued under the hand and seal of the Commission; and

(ii) guaranteed as to payment of principal and interest by Montgomery County and Prince George’s County.

(2) Each bond shall contain the following statement:

“The payment of interest when due and the principal at maturity is guaranteed by Montgomery and Prince George’s counties, Maryland”.

(b) (1) The bonds of the sanitary district shall be signed:

(i) by the chair, secretary, and treasurer of the Commission; or

(ii) if authorized by the Commission, by any two commissioners.

(2) The official seal of the Commission shall be impressed on a bond of the sanitary district.

(3) For bonds issued for the purposes described under § 22–102(a)(1) and (2) of this subtitle, the Commission may authorize:

(i) any of its officials to sign a bond by facsimile signature; and

(ii) a facsimile of the official seal to be printed on the bond.

(4) For bonds issued for the purposes described under § 22–102(a)(3) of this subtitle, the Commission may authorize:

(i) any of its officials to sign a bond by facsimile signature, provided that the bond is manually signed by at least one official; and

(ii) a facsimile of the official seal to be printed on the bond.

(c) Within 20 days after the bonds are presented by the Commission for signing, the guaranty or endorsement by Montgomery County and Prince George’s County shall be signed on each of the bonds on behalf of each county by the county executives of Montgomery County and Prince George’s County, or by the county executive’s designee, by facsimile or manual signature as the county executive determines.

(d) The liability under the guarantee for each county is in the same proportion that the assessable base of that part of that county within the sanitary district bears to the assessable base of the sanitary district.

(e) (1) The Commission may waive the guarantee required under subsection (d) of this section, if the Commission determines that:

(i) the waiver would not seriously affect the sale of the bonds of the sanitary district; and

(ii) money market conditions justify the sale of the bonds of the sanitary district without the guarantee.

(2) The waiver of the guarantee under paragraph (1) of this subsection on one issue of bonds may not be construed to be a waiver of the guarantee of future bond issues.
Md. Code, Transportation § 22-414.1 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-414.1
§22–414.
Status: in_force

§22–414.1.

(a) In this section, “video display equipment” means equipment capable of displaying a dynamic visual image, other than text, from a digital video disc or other storage device.

(b) Except as provided in subsection (c) of this section, a motor vehicle driven on a highway in the State may be equipped with video display equipment only if the video display equipment is turned off when the screen on the video display equipment is visible to the driver.

(c) This section does not apply to equipment on a vehicle used by a public service company.
Md. Code, Transportation § 22-213 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-213
§22–213.
Status: in_force

(a) Any vehicle carrying a load that extends beyond the side or to the rear 4 or more feet beyond the bed or body of the vehicle shall be equipped with the lamps and reflectors required by this section, in addition to other required lamps, at the times specified in § 22-201.1 of this subtitle.

(b) Loads projecting beyond sides of motor vehicles shall be marked as follows:

(1) The foremost edge of the projecting load, at its outermost extremity, shall be marked with an amber lamp visible from the front and side;

(2) The rearmost edge of the projecting load, at its outermost extremity, shall be marked with a red lamp visible from the rear and side;

(3) If any portion of the projecting load extends beyond both the foremost or rearmost edge, it shall be marked with an amber lamp visible from the front, side, and rear; or

(4) If the projecting load does not measure over 3 feet from front to rear, it shall be marked with an amber lamp visible from the front, side, and rear, except that, if the projection is located at or near the rear, it shall be marked by a red lamp visible from the front, side, and rear.

(c) Motor vehicles carrying loads that extend over 4 feet beyond the rear of the motor vehicle or that have tailboards or tailgates extending over 4 feet beyond the body shall have these projections marked:

(1) On each side of the projecting load, by one red lamp, visible from the side and located so as to indicate maximum overhang; and

(2) On the rear of the projecting load, by two red lamps, visible from the rear, one at each side, and two red reflectors, visible from the rear, one at each side, located so as to indicate maximum width.

(d) On any vehicle with a load that extends beyond either side more than 6 inches or beyond its rear more than 4 feet there shall be displayed at all times, at each point a lamp is required, red or orange-fluorescent warning flags, not less than 18 inches square, marking the extremities of the load.

(e) Every flag shall be so mounted or constructed that its full dimensions are visible at all times.

(f) This section in no way expands the provisions of § 24-103 of this article, or any other provision of law that prohibits certain extensions of loads on vehicles.

(g) This section does not apply to loads consisting of agricultural products, the nature of which would make installation of the required lights and reflectors impractical or unsafe.
Md. Code, State Personnel and Pensions § 22-216 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-216
§22–216.
Status: in_force

(a) This section applies to an individual who is:

(1) a member of the Teachers’ Retirement System;

(2) an employee of the Baltimore City Board of School Commissioners or another county board of education; and

(3) hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.

(b) An individual who is hired by a third party contractor may withdraw the member’s accumulated contributions, within the meaning of § 20-101(b) of this article, at any time while the individual is employed by the third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.

(c) An individual who is hired by a third party contractor and subsequently becomes employed by the Baltimore City Board of School Commissioners or another county board of education at any time while the order of reconstitution is in effect and on termination of the contract with the third party contractor:

(1) is not subject to the provisions of § 22-217 of this subtitle;

(2) shall be reinstated as a member of the Teachers’ Retirement System;

(3) shall be entitled to restoration of any service credit to which the individual was entitled before employment by the third party contractor whether or not the individual was vested; and

(4) shall redeposit any of the amounts withdrawn under subsection (b) of this section with regular interest to the date of redeposit or, on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.

(d) Except as provided in subsection (e) of this section, at any time before retirement, an individual may purchase service credit for a period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education if the individual:

(1) completes a claim for the service credit and files it with the Board of Trustees on a form that the Board of Trustees provides; and

(2) pays to the Board of Trustees in a single payment the member contributions the individual would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.

(e) An individual may not purchase more than 5 years of service credit for the period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
Md. Code, Commercial Law § 22-111 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-111
§22–111.
Status: in_force

(a) If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to avoid an unconscionable result.

(b) If it is claimed or appears to the court that a contract or term thereof may be unconscionable, the parties must be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
Md. Code, Alcoholic Beverages and Cannabis § 22-2603 — MD Code / Article gab / Title 22 / Subtitle 26 / Section 22-2603
§22–2603.
Status: in_force

(a) If the Board or an inspector of the Board receives a complaint or information about a violation of this title by a license holder, the Board shall order an inspector to investigate.

(b) If the investigation shows that the complaint or information is supported by evidence, the Board shall handle the case in accordance with § 22–2102 of this title.
Md. Code, Commercial Law § 22-407 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-407
§22–407.
Status: in_force

A licensee that modifies a computer program, other than by using a capability of the program intended for that purpose in the ordinary course, does not invalidate any warranty regarding performance of an unmodified copy but does invalidate any warranties, express or implied, regarding performance of the modified copy. A modification occurs if a licensee alters code in, deletes code from, or adds code to the computer program.
Md. Code, Land Use § 22-216 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-216
§22–216.
Status: in_force

(a) In this section, “custodian” means the custodian of the records of a zoning map amendment case in the county.

(b) (1) Before the Commission sends a zoning map amendment case to the district council, the Commission is the custodian.

(2) After the Commission sends a zoning map amendment case to the district council, the district council is the custodian.

(c) Correspondence or documents submitted to a custodian shall be received in a record only in accordance with any applicable statute, local law, rule of evidence, or case law.

(d) (1) Except as provided in paragraph (2) of this subsection, each application for a zoning map amendment and all official correspondence and records relating to the application, prepared or received in a record by the custodian, shall be made available to the public during the custodian’s regular business hours.

(2) (i) Subject to subparagraph (ii) of this paragraph, the custodian may publish rules to prevent any access provided under paragraph (1) of this subsection from unreasonably disrupting the custodian’s official business.

(ii) Copies of technical staff reports shall be available for the public at the office of the custodian under all circumstances.

(e) An individual who personally appears at the office of the custodian may obtain, without charge, a copy of a public document if the document:

(1) is of letter or legal size; and

(2) pertains to a specific zoning case, including zoning applications and justification statements.
Md. Code, Alcoholic Beverages and Cannabis § 22-808 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-808
§22–808.
Status: in_force

(a) There is:

(1) a Class C–3 beer and wine 6–day license; and

(2) a Class C–3 beer and wine 7–day license.

(b) (1) The Board may issue the license for use by a nonprofit association or corporation that:

(i) is organized for athletic, educational, or social purposes; and

(ii) has held regular meetings at an established headquarters for 1 year before the application for the license was made.

(2) The license authorizes the license holder to sell beer and wine to a member of a nonprofit association or corporation and guests of members, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fees are:

(1) $450 for a 6–day license; and

(2) $525 for a 7–day license.
Md. Code, Alcoholic Beverages and Cannabis § 22-1901 — MD Code / Article gab / Title 22 / Subtitle 19 / Section 22-1901
§22–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–506 (“Evidence of purchaser’s age”);

(4) § 4–507 (“Retail delivery of alcoholic beverages”); and

(5) § 4–508 (“Display of license”).

(b) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:

(1) § 4–504 (“Employment of underage individuals”), subject to § 22–1902 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 22–1903 of this subtitle.
Md. Code, State Government § 22-306 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-306
§22–306.
Status: in_force

(a) The Board is responsible for administering and enforcing provisions of:

(1) this title;

(2) Title 6, Subtitles 4 and 5 of the Education Article;

(3) Title 16, Subtitle 7 of the Education Article; and

(4) Title 3 of the State Personnel and Pensions Article.

(b) In addition to any other powers or duties provided for elsewhere in this title, Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, and Title 3 of the State Personnel and Pensions Article, the Board may:

(1) establish procedures for, supervise the conduct of, and resolve disputes about elections for exclusive representatives;

(2) establish procedures for and resolve disputes about petitions for bargaining unit clarification;

(3) establish procedures for and resolve disputes about petitions and elections for decertification of an exclusive representative;

(4) investigate and take appropriate action in response to charges of unfair labor practices, including strikes and lockouts;

(5) establish procedures for and resolve disputes about the negotiability of bargaining subjects;

(6) on application by an employee organization or public employer, determine that the applicant shall be designated as a joint public employer of public employees in an employer–employee bargaining unit determined in accordance with Subtitle 4 of this title when such determination would best effectuate the purposes of this subtitle; and

(7) resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the Education Article.

(c) The Board shall have broad discretion to take and order remedial actions when it finds that a party has committed an unfair labor practice, including the restoration of any right, pay, status, or benefit lost by a public employee or group of public employees, due to violations of this title.

(d) To enforce the provisions of this subtitle, the Board may:

(1) issue subpoenas; and

(2) administer oaths and affirmations, examine witnesses, and receive evidence.

(e) (1) Except as provided in paragraph (2) of this subsection, the Board shall adopt and enforce regulations, guidelines, and policies to carry out this title.

(2) The Board may not adopt any regulation, guideline, or policy that:

(i) unnecessarily delays the resolution of disputes over elections, unfair labor practices, or any other matter under this title; or

(ii) restricts or weakens the protections provided to public employees and employee organizations under this title or under regulations.
Md. Code, Commercial Law § 22-501 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-501
§22–501.
Status: in_force

(a) If an agreement provides for conveyance of ownership of informational rights in a computer program, ownership passes at the time and place specified by the agreement but does not pass until the program is in existence and identified to the contract. If the agreement does not specify a different time, ownership passes when the program and the informational rights are in existence and identified to the contract.

(b) Transfer of a copy does not transfer ownership of informational rights.
Md. Code, Commercial Law § 22-618 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-618
§22–618.
Status: in_force

(a) On termination of a license, a party in possession or control of information, copies, or other materials that are the property of the other party, or are subject to a contractual obligation to be delivered to that party on termination, shall use commercially reasonable efforts to deliver or hold them for disposal on instructions of that party. If any materials are jointly owned, the party in possession or control shall make them available to the joint owners.

(b) Termination of a license ends all right under the license for the licensee to use or access the licensed information, informational rights, or copies. Continued use of the licensed copies or exercise of terminated rights is a breach of contract unless authorized by a term that survives termination.

(c) Each party may enforce its rights under subsections (a) and (b) of this section by acting pursuant to § 22-605 of this subtitle or by judicial process, including obtaining an order that the party or an officer of the court take the following actions with respect to any licensed information, documentation, copies, or other materials to be delivered:

(1) Deliver or take possession of them;

(2) Without removal, render unusable or eliminate the capability to exercise contractual rights in or use of them;

(3) Destroy or prevent access to them; and

(4) Require that the party or any other person in possession or control of them make them available to the other party at a place designated by that party which is reasonably convenient to both parties.

(d) In an appropriate case, a court of competent jurisdiction may grant injunctive relief to enforce the parties’ rights under this section.
Md. Code, Health - General § 22-504 — MD Code / Article ghg / Title 22 / Subtitle 5 / Section 22-504
§22–504.
Status: in_force

(a) Notwithstanding the provisions of the Administrative Procedure Act, if the Secretary believes that a toy or other article presents an imminent electrical, mechanical, or thermal hazard to the public health and that proper labeling cannot correct the hazard, the Secretary shall issue a temporary rule or regulation, effective immediately, that:

(1) Declares the toy or other article to be a banned hazardous material; and

(2) Requires its immediate removal from commerce.

(b) Immediately after the Secretary issues a temporary rule or regulation under subsection (a) of this section, the Secretary shall:

(1) Give notice of and hold a hearing on the temporary rule or regulation; and

(2) As promptly as possible, complete proceedings under § 22-502 of this subtitle for adoption of the rule or regulation.

(c) The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Md. Code, State Personnel and Pensions § 22-404 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-404
§22–404.
Status: in_force

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

(2) “Appointed official” means an individual appointed to a public office of the State who meets the legal criteria for an appointed official as determined by the Attorney General.

(3) “Unclassified service of the State” means the unclassified service in the State Personnel Management System or a comparable position in an independent personnel system of a participating employer.

(b) The Board of Trustees shall pay a member of the Employees’ Retirement System who qualifies under subsection (c) of this section a pension equal to an ordinary disability pension, regardless of age, if the member:

(1) has at least 16 years of creditable service; and

(2) elects to have the member’s accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.

(c) A member qualifies for a pension under subsection (b) of this section if the member:

(1) (i) is an elected or appointed official of the State at the time of application for retirement; and

(ii) was initially an elected or appointed official of the State before July 22, 1981;

(2) (i) is an elected or appointed official of the State when separating from employment;

(ii) was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and

(iii) separated from employment involuntarily as certified by the Secretary of Budget and Management;

(3) (i) was promoted to a position in the unclassified service of the State on or before June 30, 1982;

(ii) has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and

(iii) separated from employment involuntarily as certified by the Secretary of Budget and Management; or

(4) (i) is a deputy clerk of the court at the time of application for retirement; and

(ii) was initially a deputy clerk of the court before July 22, 1981.

(d) (1) This subsection applies to a retiree who:

(i) retires as an elected or appointed official under this section; and

(ii) is appointed or elected to an office for which the State pays compensation.

(2) On the appointment or election of a retiree described in paragraph (1) of this subsection:

(i) the retiree's retirement allowance shall stop;

(ii) the retiree may rejoin the Employees' Retirement System;

(iii) the retiree shall make member contributions at the same rate the retiree paid before retirement; and

(iv) the Board of Trustees shall restore any creditable service or eligibility service to the retiree’s credit at the time of retirement.

(3) Subject to paragraph (4) of this subsection, on subsequent retirement of a retiree described in paragraph (1) of this subsection, the Board of Trustees shall credit the retiree with all of the retiree’s creditable service and eligibility service as a member.

(4) The pension, on subsequent retirement, may not exceed the sum of:

(i) the pension the retiree was receiving during the previous retirement; and

(ii) the pension that has accrued on account of employment as a member after the previous retirement.
Md. Code, Land Use § 22-305 — MD Code / Article glu / Title 22 / Subtitle 3 / Section 22-305
§22–305.
Status: in_force

(a) (1) The district council may adopt zoning laws that provide that the affirmative vote of:

(i) at least four members of the board of appeals are required to adopt a resolution that grants, revokes, suspends, or amends a special exception or extends the time in which to implement a special exception; and

(ii) a majority of the board of appeals is required to adopt a procedural motion regarding a special exception application.

(2) In exercising its authority under this subsection, the district council may enact, for any zone, different voting requirements for different uses.

(b) The decisions of the administrative office or agency may be appealed to the board of appeals or other administrative body the district council designates.
Md. Code, Health - General § 22-308 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-308
§22–308.
Status: in_force

(a) The Secretary shall give notice of and hold any hearing authorized or required by this subtitle in accordance with the Administrative Procedure Act.

(b) If a written protest against a rule or regulation is filed in accordance with § 22-306 or § 22-307 of this subtitle, the Secretary shall provide an opportunity for a public hearing:

(1) To receive evidence on the issues raised by the protest; and

(2) To hear any interested person.
Md. Code, State Personnel and Pensions § 22-203 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

(a) (1) This subsection applies only to:

(i) an elected or appointed official;

(ii) an employee of the Governor’s office; and

(iii) a desk officer or employee of either house of the General Assembly who receives an annual salary as compensation for employment.

(2) Membership in the Employees’ Retirement System is optional for an individual who was elected or appointed to a position described in paragraph (1) of this subsection from July 1, 1957, to December 31, 1979, both inclusive.

(3) During an individual’s term, the individual may become a member of the Employees’ Retirement System under this subsection by completing and submitting an application for membership to the Board of Trustees.

(b) Membership in the Employees’ Retirement System is optional for the employees of a participating governmental unit who are employed by the participating governmental unit on the effective date of participation in the State systems.
Md. Code, State Personnel and Pensions § 22-402 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

(a) A member may retire with an early service retirement allowance if:

(1) on or before the date of retirement, the member:

(i) has at least 25 but less than 30 years of eligibility service; and

(ii) is less than 60 years old; and

(2) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.

(b) On retirement under this section, a member is entitled to an early service retirement allowance that equals one fifty-fifth of the member's average final compensation multiplied by the number of years of creditable service reduced by 0.5% for each month by which the member's date of retirement precedes the earlier of:

(1) the date the member will be 60 years old; or

(2) the date the member would have completed 30 years of eligibility service had the member continued employment.
Md. Code, Insurance § 22-103 — MD Code / Article gin / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) Except as provided in subsection (d) of this section, when, in connection with a real estate transaction that involves a purchase money mortgage or deed of trust on land in the State, a title insurer accepts a premium for a policy that insures the title to the property or the title insurer, its agent, or employee accepts a premium for mortgagee title insurance, the person first accepting the premium:

(1) shall insert the name of each insured in the title insurance commitment for the title insurance; and

(2) immediately on receipt of the premium, shall deliver to the buyer or agent or attorney of the buyer written notice:

(i) of the name of each insured under the policy;

(ii) of the face amount of the policy;

(iii) of the buyer’s right and opportunity to obtain simultaneous title insurance in the buyer’s favor;

(iv) of the additional premium that will be required for purchase of simultaneous title insurance in the buyer’s favor;

(v) that the buyer’s title insurance will be subject only to the contingencies and conditions contained in the title insurance commitment and policy;

(vi) of the buyer’s right to review the title insurance commitment or a sample of the form of policy in which the contingencies and conditions will be inserted;

(vii) that contains a clear statement of the contingencies that must be satisfied to make the buyer’s policy effective, if the buyer’s policy is not effective on payment of the premium; and

(viii) that the title insurance commitment or sample of the form of policy into which the contingencies and conditions for insuring will be inserted:

1. does constitute a statement of the terms and conditions on which the title insurer is willing to issue its policy of title insurance if the title insurer accepts a premium for the policy;

2. is not a representation as to the state of title; and

3. does not constitute an abstract of title.

(b) Before disbursing any funds, the person required to give notice under subsection (a) of this section shall obtain from the buyer, at the time the person delivers the notice, a statement in writing that the buyer has received the notice described in subsection (a) of this section and that the buyer wants or does not want owner’s title insurance.

(c) (1) The person required to give notice under subsection (a) of this section shall retain the original signed statement of receipt required by subsection (b) of this section and a copy of the notice required by subsection (a) of this section for 3 years.

(2) The statement of receipt and notice shall be available for inspection by the Commissioner on request.

(d) This section does not apply to a real estate transaction involving a mortgage or deed of trust securing an extension of credit made:

(1) solely to acquire an interest in or to carry on a business or commercial enterprise; or

(2) to any business or commercial organization.
Md. Code, Alcoholic Beverages and Cannabis § 22-804 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-804
§22–804.
Status: in_force

(a) There is:

(1) a Class B–2 beer and wine 6–day license; and

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

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

(i) was operating for 1 year before an application for the license was made; and

(ii) is equipped and stocked for the continued regular sale of food to customers and guests, as determined by the Board.

(2) The license holder need not meet the food sale requirements set forth in § 22–103 of this title.

(c) (1) Except as provided in paragraph (2) 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.

(2) (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.

(d) The annual license fees are:

(1) $500 for a 6–day license; and

(2) $700 for a 7–day license.
Md. Code, State Personnel and Pensions § 22-403 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-403
§22–403.
Status: in_force

(a) This section applies to a former member who:

(1) was eligible for a retirement allowance under § 22-401 or § 22-402 of this subtitle when the former member's membership terminated;

(2) did not submit a written application under § 22-401 or § 22-402 of this subtitle before membership terminated; and

(3) has not withdrawn accumulated contributions.

(b) (1) A former member described in subsection (a) of this section may retire with a retirement allowance under § 22-401 or § 22-402 of this subtitle on the first day of the month after the Board of Trustees receives a written application for retirement from the former member.

(2) A former member who retires under this section may not receive benefits for the period before the former member submitted a completed application for retirement to the Board of Trustees.
Md. Code, Commercial Law § 22-603 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-603
§22–603.
Status: in_force

If an agreement requires that submitted information be to the satisfaction of the recipient, the following rules apply:

(1) §§ 22–606 through 22–610 of this subtitle and §§ 22–704 through 22–707 of this title do not apply to the submission.

(2) If the information is not satisfactory to the recipient and the parties engage in efforts to correct the deficiencies in a manner and over a time consistent with the ordinary standards of the business, trade, or industry, neither the efforts nor the passage of time required for the efforts is an acceptance or a refusal of the submission.

(3) Except as otherwise provided in paragraph (4), neither refusal nor acceptance occurs unless the recipient expressly refuses or accepts the submitted information, but the recipient may not use the submitted information before acceptance.

(4) Silence and a failure to act in reference to a submission beyond a commercially reasonable time to respond entitle the submitting party to demand, in a record delivered to the recipient, a decision on the submission. If the recipient fails to respond within a reasonable time after receipt of the demand, the submission is deemed to have been refused.
Md. Code, State Government § 22-601 — MD Code / Article gsg / Title 22 / Subtitle 6 / Section 22-601
§22–601.
Status: in_force

This title may be cited as the Maryland Public Employee Relations Act.
Md. Code, Alcoholic Beverages and Cannabis § 22-2006 — MD Code / Article gab / Title 22 / Subtitle 20 / Section 22-2006
§22–2006.
Status: in_force

A license holder may not:

(1) allow alcoholic beverages to be consumed on the license holder’s premises between 2:15 a.m. and 8 a.m. the same day; or

(2) allow an alcoholic beverage glass, bottle, or container to remain on a table or serving counter after 2:30 a.m.
Md. Code, Land Use § 22-301 — MD Code / Article glu / Title 22 / Subtitle 3 / Section 22-301
§22–301.
Status: in_force

(a) (1) A district council may adopt zoning laws that authorize the board of appeals, the district council, or an administrative office or agency designated by the district council to grant special exceptions and variances to the zoning laws on conditions that are necessary to carry out the purposes of this division.

(2) Any zoning law adopted under this subsection shall contain appropriate standards and safeguards to ensure that any special exception or variance that is granted is consistent with the general purposes and intent of the zoning laws.

(b) Subject to § 22–309 of this subtitle, an appeal from a decision of an administrative office or agency designated under this subtitle shall follow the procedure determined by the district council.

(c) The district council may authorize the board of appeals to interpret zoning maps or decide questions, such as the location of lot lines or district boundary lines, as the questions arise in the administration of zoning laws.

(d) In addition to any other notice requirement, the board of appeals, the district council, or an administrative office or agency shall provide notice of a hearing for a special exception to all parties of record, as defined in local law.
Md. Code, Alcoholic Beverages and Cannabis § 22-206 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-206
§22–206.
Status: in_force

(a) The Board may employ a secretary and clerical and other assistants as are necessary.

(b) (1) The Board shall set the compensation of all employees of the Board, subject to the approval of the County Executive and County Council.

(2) The Board shall require fidelity bonds of employees of the Board to protect the county.

(3) The County Council shall review the adequacy of the fidelity bonds that the Board requires of the employees.

(c) Notwithstanding any other law, an employee of the Board:

(1) is subject to provisions regarding conflicts of interest and lobbying activities in Title 5, Subtitle 5, Part I, and Subtitle 7 of the General Provisions Article; but

(2) may not be required to file the financial disclosure statement required by § 5–601 of the General Provisions Article.

(d) (1) The Board shall appoint a general manager.

(2) The general manager serves under the control and supervision of the Board as the secretary–treasurer and chief business administrative officer of the Board.

(3) An individual is not eligible to be the general manager while a member of the Board.

(4) The general manager may be discharged only:

(i) for cause involving dishonesty, incompetence, or immoral conduct; and

(ii) after given an opportunity before the Board for a hearing.
Md. Code, Commercial Law § 22-812 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-812
§22–812.
Status: in_force

(a) On breach of contract by a licensee, the licensor may:

(1) Identify to the contract any conforming copy not already identified if, at the time the licensor learned of the breach, the copy was in its possession;

(2) In the exercise of reasonable commercial judgment for purposes of avoiding loss and effective realization on effort or investment, complete the information and identify it to the contract, cease work on it, relicense or dispose of it, or proceed in any other commercially reasonable manner; and

(3) Pursue any remedy for breach that has not been waived.

(b) On breach by a licensee, both parties remain bound by all contractual use terms, but the contractual use terms do not apply to information or copies properly received or obtained from another source.
Md. Code, Commercial Law § 22-709 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-709
§22–709.
Status: in_force

(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may:

(1) Await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if it has urged the repudiating party to retract the repudiation or has notified the repudiating party that it would await its performance; and

(2) In either case, suspend its own performance or proceed in accordance with § 22-812 or § 22-813 of this title, as applicable.

(b) Repudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.
Md. Code, Alcoholic Beverages and Cannabis § 22-205 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-205
§22–205.
Status: in_force

(a) Before the beginning of each fiscal year, the Board shall submit an annual budget to the County Council and County Executive for review.

(b) Except as provided under § 22–206(b) of this subtitle, the budget is not subject to approval by the County Council or County Executive.
Md. Code, Commercial Law § 22-509 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-509
§22–509.
Status: in_force

Unless the accommodated licensee is a consumer, a term in a financial accommodation contract providing that the accommodated licensee’s obligations to the financier are irrevocable and independent is enforceable. The obligations become irrevocable and independent upon the licensee’s acceptance of the license or the financier’s giving of value, whichever occurs first.
Md. Code, Alcoholic Beverages and Cannabis § 22-104 — MD Code / Article gab / Title 22 / Subtitle 1 / Section 22-104
§22–104.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the county governing body under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Transportation § 22-226 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-226
§22–226.
Status: in_force

(a) At all times specified in § 22-201.1 of this subtitle, at least two lighted lamps shall be displayed, one on each side, at the front of every motor vehicle other than a motorcycle, except when the vehicle is parked subject to the regulations governing lights on parked vehicles.

(b) Whenever a motor vehicle equipped with required headlamps also is equipped with any auxiliary lamps or a spot lamp or any other lamp on its front projecting a beam of intensity greater than 300 candlepower, not more than four of these lamps on the front of a vehicle may be lighted at any one time when on a highway.
Md. Code, Commercial Law § 22-502 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-502
§22–502.
Status: in_force

(a) In a license:

(1) Title to a copy is determined by the license;

(2) A licensee’s right under the license to possession or control of a copy is governed by the license and does not depend solely on title to the copy; and

(3) If a licensor reserves title to a copy, the licensor retains title to that copy and any copies made of it, unless the license grants the licensee a right to make and sell copies to others, in which case the reservation of title applies only to copies delivered to the licensee by the licensor.

(b) If an agreement provides for transfer of title to a copy, title passes:

(1) At the time and place specified in the agreement; or

(2) If the agreement does not specify a time and place:

(A) With respect to delivery of a copy on a tangible medium, at the time and place the licensor completed its obligations with respect to tender of the copy; or

(B) With respect to electronic delivery of a copy, if a first sale occurs under federal copyright law, at the time and place at which the licensor completed its obligations with respect to tender of the copy.

(c) If the party to which title passes under the contract refuses delivery of the copy or rejects the terms of the agreement, title revests in the licensor.
Md. Code, Commercial Law § 22-616 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-616
§22–616.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, on termination all obligations that are still executory on both sides are discharged.

(b) The following survive termination:

(1) A right based on previous breach or performance of the contract;

(2) An obligation of confidentiality, nondisclosure, or noncompetition to the extent enforceable under other law;

(3) A contractual use term applicable to any licensed copy or information received from the other party, or copies made of it, which are not returned or returnable to the other party;

(4) An obligation to deliver, or dispose of information, materials, documentation, copies, records, or the like to the other party, an obligation to destroy copies, or a right to obtain information from an escrow agent;

(5) A choice of law or forum;

(6) An obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;

(7) A term limiting the time for commencing an action or for giving notice;

(8) An indemnity term or a right related to a claim of a type described in § 22-805(d)(1) of this title;

(9) A limitation of remedy or modification or disclaimer of warranty;

(10) An obligation to provide an accounting and make any payment due under the accounting; and

(11) Any term that the agreement provides will survive.
Md. Code, Alcoholic Beverages and Cannabis § 22-2703 — MD Code / Article gab / Title 22 / Subtitle 27 / Section 22-2703
§22–2703.
Status: in_force

A person may possess alcoholic beverages on the premises of a license holder if:

(1) the alcoholic beverages are owned by a member of a club licensed for the sale of beer and wine or beer, wine, and liquor and are consumed on the premises;

(2) the alcoholic beverages:

(i) have been brought on the premises of an on–sale restaurant for consumption and use in a private dining room at a private gathering; and

(ii) have not been provided by the license holder of the restaurant; or

(3) a dance or social event is:

(i) held on the premises of an establishment of a holder of a Class C license; and

(ii) 1. advertised as being bring your own (BYO); or

2. sponsored by a member of the club or by a guest that a club member sponsors.
Md. Code, Commercial Law § 22-815 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-815
§22–815.
Status: in_force

(a) On cancellation of a license, the licensor has the right:

(1) To possession of all copies of the licensed information in the possession or control of the licensee and any other materials pertaining to that information which by contract are to be returned or delivered by the licensee to the licensor; and

(2) To prevent the continued exercise of contractual and informational rights in the licensed information under the license.

(b) Except as otherwise provided in § 22-814 of this subtitle, a licensor may exercise its rights under subsection (a) of this section without judicial process only if this can be done:

(1) Without a breach of the peace;

(2) Without a foreseeable risk of personal injury or significant physical damage to information or property other than the licensed information; and

(3) In accordance with § 22-816 of this subtitle.

(c) In a judicial proceeding, the court may enjoin a licensee in breach of contract from continued use of the information and informational rights and may order the licensor or a judicial officer to take the steps described in § 22-618 of this title.

(d) A party has a right to an expedited judicial hearing on a request for prejudgment relief to enforce or protect its rights under this section.

(e) The right to possession under this section is not available to the extent that the information, before breach of the license and in the ordinary course of performance under the license, was so altered or commingled that the information is no longer identifiable or separable.

(f) A licensee that provides information to a licensor subject to contractual use terms has the rights and is subject to the limitations of a licensor under this section with respect to the information it provides.
Md. Code, Transportation § 22-203 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

(a) In this section, the term “motorcycle” includes Class M (multipurpose) vehicles that are designated by the Administrator.

(b) Every motor vehicle, other than a motorcycle, shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall emit white light and comply with the requirements and limitations set forth in this title.

(c) (1) Every motorcycle shall be equipped with at least one and not more than two headlamps that comply with the requirements and limitations of this title.

(2) A headlamp on a motorcycle may modulate either the upper beam or the lower beam from its maximum intensity to a lesser intensity, consistent with federal motor vehicle safety standards.

(d) Every headlamp on every motor vehicle, including every motorcycle, shall be located at a height of not more than 54 inches nor less than 22 inches.
Md. Code, State Government § 22-102 — MD Code / Article gsg / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: in_force

(a) It is the intent of the General Assembly that it is the public policy of the State to encourage and protect the exercise by public sector employees of the full freedom of association, self–organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.

(b) For the advancement of the rights described under subsection (a) of this section and to promote labor peace and the orderly and constructive relationships between all public employers and their employees, the General Assembly has determined that the overall policy may best be accomplished by:

(1) granting to public employees the right to organize and choose freely their representatives;

(2) requiring public employers to negotiate and bargain with employee organizations representing public employees and to enter into written agreements evidencing the result of the bargaining; and

(3) establishing procedures to provide for the protection of the rights of public employees, the public employers, and the public at large.

(c) The law of the State with respect to the labor rights of public sector employees is intended to follow the rights of employees under the federal National Labor Relations Act.
Md. Code, Transportation § 22-602 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-602
§22–602.
Status: in_force

(a) A person may not drive on a highway in this State any motor vehicle or combination of vehicles of a type required to be registered under Title 13 of this article, in a manner that, at any time, at any speed, or under any condition of grade, load, acceleration, or deceleration, exceeds the maximum sound level limits established under § 22-601 of this subtitle for the operation of that type of motor vehicle or combination of vehicles.

(b) An owner or lessee of a motor vehicle may not permit to be driven on a highway in this State any motor vehicle or combination of vehicles of a type required to be registered under Title 13 of this article, in a manner that, at any time, at any speed, or under any condition of grade, load, acceleration, or deceleration, exceeds the maximum sound level limits established under § 22-601 of this subtitle for the operation of that type of motor vehicle or combination of vehicles.
Md. Code, Commercial Law § 22-409 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-409
§22–409.
Status: in_force

(a) Except for published informational content, a warranty to a licensee extends to persons for whose benefit the licensor intends to supply the information or informational rights and which rightfully use the information in a transaction or application of a kind in which the licensor intends the information to be used.

(b) A warranty to a consumer extends to each individual consumer in the licensee’s immediate family or household if the individual’s use would have been reasonably expected by the licensor.

(c) A contractual term that excludes or limits the persons to which a warranty extends is effective except as to individuals described in subsection (b) of this section.

(d) A disclaimer or modification of a warranty or remedy which is effective against the licensee is also effective against third persons to which a warranty extends under this section.
Md. Code, State Personnel and Pensions § 22-305 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-305
§22–305.
Status: in_force

(a) A member may purchase service credit as provided in this section for periods of employment described in subsection (c) or (d) of this section for which the member is not otherwise entitled to service credit.

(b) (1) A member who purchases service credit under this section shall:

(i) complete a claim for the service credit and file it with the Board of Trustees on a form that the Board of Trustees provides; and

(ii) pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.

(2) Except as provided in paragraphs (3) and (4) of this subsection, the member shall pay for service credit purchased under this section at retirement.

(3) The surviving spouse of a member of the Teachers’ Retirement System may pay for the appropriate final adjustment under paragraph (3) of this subsection if:

(i) the member dies while employed as a member;

(ii) the member was purchasing service credit through a payroll deduction; and

(iii) the service credit qualifies for benefits under § 29-205 of this article.

(c) A member of the Employees’ Retirement System may purchase service credit for a period of employment:

(1) not exceeding 10 years of out-of-state public school teaching service;

(2) not exceeding 10 years for public or nonpublic school teaching service;

(3) not exceeding 5 years for postsecondary school teaching service;

(4) not exceeding 10 years of federal service or out-of-state service with a political subdivision; or

(5) as an employee of a political subdivision of the State if:

(i) the member is not otherwise entitled to receive service credit for the same period under this Division II;

(ii) the member is not receiving retirement benefits from a political subdivision of the State for the same period; and

(iii) the member, the political subdivision, or both, pay the amount required under subsection (b)(1) of this section.

(d) A member of the Teachers’ Retirement System may purchase service credit for a period of employment:

(1) not exceeding 10 years of out-of-state public school teaching service;

(2) not exceeding 10 years of public or nonpublic school teaching service;

(3) not exceeding 5 years of postsecondary school teaching service;

(4) on or before December 31, 1970, with Baltimore City as a teacher on a verified leave of absence not exceeding 2 years that is similar in all respects to leaves of absence approved by the Board of Trustees;

(5) not exceeding 10 years of federal or out-of-state municipal service; or

(6) employment as an employee of a municipal corporation of the State if the member is not otherwise entitled to receive service credit under this Division II.
Md. Code, Insurance § 22-105 — MD Code / Article gin / Title 22 / Subtitle 1 / Section 22-105
§22–105.
Status: in_force

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

(2) “Beneficial owner” means a person, other than the buyer in a real estate transaction, for whose benefit a title insurer or its agent is entrusted to hold trust money.

(3) “Trust money” means a deposit, payment, or other money that a person entrusts to a title insurer or its agent to hold for the benefit of a buyer in a real estate transaction or for a beneficial owner, in connection with an escrow, settlement, closing, or title indemnification.

(b) A title insurer or its agent shall pool and commingle trust money received from clients or beneficial owners in connection with escrows, settlements, closings, or title indemnifications if, in the judgment of the title insurer or its agent, a separate deposit of the trust money would generate interest in an amount not greater than $50 or the cost of administering a separate account.

(c) At least quarterly, the financial institution in which a commingled account is maintained under this section shall pay the interest earned on the account, less any service charges of the financial institution, to the Maryland Affordable Housing Trust to enhance the availability of affordable housing throughout the State as provided in § 10–102 of the Housing and Community Development Article.

(d) Trust money required to be commingled under subsection (b) of this section in connection with a real estate transaction shall be deposited and maintained until disbursed in accordance with the transaction:

(1) in a financial institution located in the State; or

(2) subject to approval of the Commissioner of Financial Regulation, in a financial institution outside the State that complies with the requirements of this subtitle.

(e) A title insurer or its agent does not violate, and may not be charged by the Commissioner with a violation of, any ethical or legal duties by placing trust money in an account under subsection (b) of this section with the interest paid to the Maryland Affordable Housing Trust under subsection (c) of this section.

(f) Except for trust money that a title insurer or its agent places in a commingled account under subsections (b) and (c) of this section, and subject to regulations of the Commissioner, trust money in the possession of the title insurer or its agent may be deposited in any other deposit or investment vehicle:

(1) specified by the client or beneficial owner; or

(2) as agreed on by the client or beneficial owner and the title insurer or its agent.
Md. Code, Insurance § 22-101 — MD Code / Article gin / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: reserved

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

(b) (1) “Abstract of title” means a representation of the state of title to property based on a review of the records that impart constructive notice relating to title to property in the State.

(2) “Abstract of title” includes a report of title and any other written or electronically created or preserved representation of the state of title to property.

(c) (1) “Title insurance commitment” means a written statement of the terms and conditions on which a title insurer is willing to issue a policy of title insurance if the title insurer accepts a premium for the policy.

(2) “Title insurance commitment” includes a binder.
Md. Code, Transportation § 22-421 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-421
§22–421.
Status: in_force

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

(2) “First sale” means a sale of a new tire that is not a sale to a wholesaler or out–of–state retailer.

(3) “Tire dealer” means a person who sells new tires to:

(i) A seller of tires in the State that is not a tire wholesaler; or

(ii) A consumer of a tire on which a recycling fee has not been paid.

(4) “Tire wholesaler” means a person who transfers tires to a person who is not a consumer.

(b) (1) Beginning on January 1, 2026, a new tire fee shall be imposed on the first sale of a new tire in the State by a tire dealer, including new tires sold as a part of a new or used vehicle, trailer, farm implement, or similar machinery.

(2) A county, municipal corporation, or any agency of a county or municipal corporation may not impose any tax, fee, or other charge on the sale of a new tire by a tire dealer.

(c) The new tire fee on the sale of a new tire dealer is $5 per tire.

(d) For a sale made by a tire dealer to a person who resells tires, the tire dealer shall separately state the new tire fees paid by the tire dealer on the invoice or other document of sale.

(e) (1) Each tire dealer shall:

(i) Pay the new tire fee; and

(ii) Complete and submit, under oath, a return and remit the fees to the Comptroller on or before the 21st day of the month that follows the month in which the sale was made, and for other periods and on other dates that the Comptroller specifies by regulation, including periods for which no fees were due.

(2) A tire dealer shall file a new tire fee return electronically.

(f) If the amount of the new tire fee is separately stated in a retail sale, the new tire fee is not subject to any tax under Title 13 of this article or Title 11 of the Tax – General Article.

(g) The Comptroller shall forward all new tire fees, less the costs of administration, to the Transportation Trust Fund.

(h) Except to the extent inconsistent with this section, the provisions of Titles 1, 2, 11, and 13 of the Tax – General Article applicable to the sales and use tax shall govern the administration, collection, and enforcement of the new tire fee under this section.

(i) The Comptroller:

(1) Shall administer the new tire fee; and

(2) May adopt regulations necessary to administer, collect, and enforce the new tire fee.
Md. Code, Insurance § 22-104 — MD Code / Article gin / Title 22 / Subtitle 1 / Section 22-104
§22–104.
Status: in_force

(a) A title insurance commitment or sample of the form of policy into which the contingencies and conditions for insuring will be inserted:

(1) constitutes a statement of the terms and conditions on which a title insurer is willing to issue a policy of title insurance if the title insurer accepts the premium for the policy;

(2) is not a representation as to the state of title; and

(3) does not constitute an abstract of title.

(b) The rights, duties, and responsibilities applicable to the preparation or issuance of an abstract of title do not apply to the issuance of a title insurance commitment or sample of the form of policy into which the contingencies and conditions for insuring will be inserted.

(c) A title insurance commitment or sample of the form of policy into which the contingencies and conditions for insuring will be inserted shall contain the following statement:

“This document constitutes a statement of the terms and conditions on which a title insurer is willing to issue a policy of title insurance if the title insurer accepts the premium for the policy. It is not a representation as to the state of title and does not constitute an abstract of title.”.
Md. Code, Commercial Law § 22-203 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

Unless otherwise unambiguously indicated by the language or the circumstances:

(1) An offer to make a contract invites acceptance in any manner and by any medium reasonable under the circumstances.

(2) An order or other offer to acquire a copy for prompt or current delivery invites acceptance by either a prompt promise to ship or a prompt or current shipment of a conforming or nonconforming copy. However, a shipment of a nonconforming copy is not an acceptance if the licensor seasonably notifies the licensee that the shipment is offered only as an accommodation to the licensee.

(3) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror that is not notified of acceptance or performance within a reasonable time may treat the offer as having lapsed before acceptance.

(4) If an offer in an electronic message evokes an electronic message accepting the offer, a contract is formed:

(A) When an electronic acceptance is received; or

(B) If the response consists of beginning performance, full performance, or giving access to information, when the performance is received or the access is enabled and necessary access materials are received.
Md. Code, State Personnel and Pensions § 22-305.1 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-305.1
§22–305.
Status: in_force

§22–305.1.

(a) This section applies only to a member of the Employees’ Retirement System who:

(1) was an employee of the State prior to November 1, 1996;

(2) as of November 1, 1996, was employed by a private vendor to provide child support enforcement services in Baltimore City; and

(3) resumed employment with the State as of November 1, 2002.

(b) (1) A member described in subsection (a) of this section is entitled to receive service credit for the time the member was employed by a private vendor to provide child support enforcement services in Baltimore City prior to October 31, 2002.

(2) Prior to the member’s date of retirement, and subject to paragraph (3) of this subsection, a member who receives service credit under this subsection shall deposit in the annuity savings fund or other corresponding fund an amount of money equal to the contribution payments that the member would have paid had the member been a State employee, including regular interest on the contributions at the rate of 4% per year compounded annually.

(3) On retirement, the member’s retirement allowance shall be reduced by the actuarial equivalent of the amount determined under paragraph (2) of this subsection if the member elects not to deposit this amount in the annuity savings or other corresponding fund.
Md. Code, State Personnel and Pensions § 22-401 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-401
§22–401.
Status: in_force

(a) A member may retire with a normal service retirement allowance if:

(1) on or before the date of retirement, the member:

(i) has at least 30 years of eligibility service; or

(ii) is at least 60 years old; and

(2) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.

(b) (1) Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals one fifty–fifth of the member’s average final compensation multiplied by the number of years of creditable service.

(2) On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the member’s normal service retirement allowance shall equal the member’s annuity.
Md. Code, Commercial Law § 22-507 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-507
§22–507.
Status: in_force

If a financier does not become a licensee in connection with its financial accommodation contract, the following rules apply:

(1) The financier does not receive the benefits or burdens of the license.

(2) The licensee’s rights and obligations with respect to the information and informational rights are governed by:

(A) The license;

(B) Any rights of the licensor under other law; and

(C) To the extent not inconsistent with subparagraphs (A) and (B) of this paragraph, any financial accommodation contract between the financier and the licensee, which may add additional conditions to the licensee’s right to use the licensed information or informational rights.
Md. Code, State Personnel and Pensions § 22-101 — MD Code / Article gsp / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

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

(b) “Selection A (Additional member contributions)” means the retirement selection described in § 22-219 of this title.

(c) “Selection B (Limited cost-of-living adjustment)” means the retirement selection described in § 22-220 of this title.

(d) “Selection C (Combination formula)” means the retirement selection described in § 22-221 of this title.
Md. Code, Transportation § 22-104 — MD Code / Article gtr / Title 22 / Subtitle 1 / Section 22-104
§22–104.
Status: in_force

A person may not willfully or intentionally remove or alter any safety device or equipment that has been placed on any motor vehicle, trailer, semitrailer, or pole trailer in compliance with any law, rule, regulation, or requirement of any officer or agency of the United States or of this State, if it is intended that the vehicle be operated on highways in this State, unless the removal or alteration is permitted by rule or regulation adopted by the Administrator.
Md. Code, Transportation § 22-405.2 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-405.2
§22–405.
Status: in_force

§22–405.2.

(a) A person may not drive on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.

(b) Except as provided in subsection (c) of this section, a tire on a vehicle driven on a highway may not have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material, other than rubber, that projects beyond the tread of the traction surface of the tire, except that:

(1) It is permissible to use farm machinery with tires having protuberances that will not injure the highway;

(2) It is permissible to use tire chains of reasonable proportions on any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid;

(3) It is permissible for a vehicle not registered or required to be registered in this State to use tires as described in this subsection; and

(4) Except in Allegany, Carroll, Frederick, Garrett, and Washington counties, a person may not sell or offer for sale in this State any tire which is not permitted to be used in this State under this subsection.

(c) From November 1 through March 31, owners of vehicles registered in Allegany County, Carroll County, Frederick County, Garrett County, or Washington County are exempt from the prohibition of the use of tires described in subsection (b) of this section.

(d) The State Highway Administration and local authorities in their respective jurisdictions, in their discretion, may issue special permits authorizing the operation on a highway of traction engines or tractors having movable tracks with transverse corrugations on the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which on a highway otherwise would be prohibited under this section.
Md. Code, Transportation § 22-412.3 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-412.3
§22–412.
Status: in_force

§22–412.3.

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

(2) (i) “Motor vehicle” means a vehicle that is:

1. Registered or capable of being registered in this State as a Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), or Class P (passenger bus) vehicle; and

2. Required to be equipped with seat belts under federal motor vehicle safety standards contained in the Code of Federal Regulations.

(ii) “Motor vehicle” does not include a Class L (historic) vehicle.

(3) “Outboard front seat” means a front seat position that is adjacent to a door of a motor vehicle.

(4) (i) “Seat belt” means a restraining device described under § 22–412 of this subtitle.

(ii) “Seat belt” includes a combination seat belt–shoulder harness.

(b) A person may not operate a motor vehicle unless the person and each occupant under 16 years old are restrained by a seat belt or a child safety seat as provided in § 22–412.2 of this subtitle.

(c) (1) The provisions of this subsection apply to a person who is at least 16 years old.

(2) Unless a person is restrained by a seat belt, the person may not be a passenger in an outboard front seat of a motor vehicle.

(3) (i) Unless a person is restrained by a seat belt, the person may not be a passenger in a rear seat of a motor vehicle.

(ii) A police officer may enforce this paragraph only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.

(d) If a physician licensed to practice medicine in this State determines and certifies in writing that use of a seat belt by a person would prevent appropriate restraint due to a person’s physical disability or other medical reason, the provisions of this section do not apply to the person.

(e) A certification under subsection (d) of this section shall state:

(1) The nature of the physical disability; and

(2) The reason that restraint by a seat belt is inappropriate.

(f) The provisions of this section do not apply to U.S. Postal Service and contract carriers while delivering mail to local box routes.

(g) A violation of this section is not considered a moving violation for purposes of § 16–402 of this article.

(h) (1) Failure of an individual to use a seat belt in violation of this section may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory negligence;

(iii) Limit liability of a party or an insurer; or

(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a seat belt during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, installation, supplying, or repair of a seat belt.

(3) (i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity arising out of an incident that involves a defectively installed or defectively operating seat belt.

(ii) In a civil action in which 2 or more parties are named as joint tort–feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint tort–feasors or defendants is not involved in the design, manufacture, installation, supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends of justice on a motion of any party.

(i) The Administration and the Department of State Police shall establish prevention and education programs to encourage compliance with the provisions of this section.

(j) The Administration shall include information on this State’s experience with the provisions of this section in the annual evaluation report on the State’s highway safety plan that this State submits to the National Highway Traffic Safety Administration and the Federal Highway Administration under 23 U.S.C. § 402.

(k) Any person convicted of a violation of this section is subject to a fine of not more than $50.
Md. Code, Health - General § 22-405 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-405
§22–405.
Status: in_force

If a product is manufactured, processed, packaged, held, or sold in violation of this subtitle or any rule or regulation adopted under this subtitle, on petition of the Secretary, the circuit court for the county in which the product is located may grant an injunction forbidding all or any one of the following:

(1) Manufacturing the product;

(2) Processing the product;

(3) Packaging the product;

(4) Selling the product;

(5) Transferring the product; or

(6) Moving the product.
Md. Code, Commercial Law § 22-802 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-802
§22–802.
Status: in_force

(a) An aggrieved party may cancel a contract if there is a material breach that has not been cured or waived or the agreement allows cancellation for the breach.

(b) Cancellation is not effective until the canceling party gives notice of cancellation to the party in breach, unless a delay required to notify the party would cause or threaten material harm or loss to the aggrieved party. The notification may be in any form reasonable under the circumstances. However, in an access contract, a party may cancel rights of access without notice.

(c) On cancellation, the following rules apply:

(1) If a party is in possession or control of licensed information, documentation, materials, or copies of licensed information, the following rules apply:

(A) A party that has rightfully refused a copy shall comply with § 22-706(b) of this title as to the refused copy.

(B) A party in breach of contract which would be subject to an obligation to deliver under § 22-618 of this title shall deliver all information, documentation, materials, and copies to the other party or hold them with reasonable care for a reasonable time for disposal at that party’s instructions. The party in breach of contract shall follow any reasonable instructions received from the other party.

(C) Except as otherwise provided in subparagraphs (A) and (B) of this paragraph, the party shall comply with § 22-618 of this title.

(2) All obligations that are executory on both sides at the time of cancellation are discharged, but the following survive:

(A) Any right based on previous breach or performance; and

(B) The rights, duties, and remedies described in § 22-616(b) of this title.

(3) Cancellation of a license by the licensor ends any contractual right of the licensee to use the information, informational rights, copies, or other materials.

(4) Cancellation of a license by the licensee ends any contractual right to use the information, informational rights, copies, or other materials, but the licensee may use the information for a limited time after the license has been canceled if the use:

(A) Is within contractual use terms;

(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 received from the party in breach concerning disposition of them.

(5) The licensee shall pay the licensor the reasonable value of any use after cancellation permitted under paragraph (4) of this subsection.

(6) The obligations under this subsection apply to all information, informational rights, documentation, materials, and copies received by the party and any copies made therefrom.

(d) A term providing that a contract may not be canceled precludes cancellation but does not limit other remedies.

(e) Unless a contrary intention clearly appears, an expression such as “cancellation”, “rescission”, or the like may not be construed as a renunciation or discharge of a claim in damages for an antecedent breach.
Md. Code, Commercial Law § 22-511 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-511
§22–511.
Status: in_force

(a) The creation of a financier’s interest does not place any obligations on or alter the rights of a licensor.

(b) A financier’s interest does not attach to any intellectual property rights of the licensor unless the licensor expressly consents to such attachment in a license or another record.
Md. Code, Commercial Law § 22-403 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-403
§22–403.
Status: in_force

(a) Unless the warranty is disclaimed or modified, a licensor that is a merchant with respect to computer programs of the kind warrants:

(1) To the end user that the computer program is fit for the ordinary purposes for which such computer programs are used;

(2) To the distributor that:

(A) The program is adequately packaged and labeled as the agreement requires; and

(B) In the case of multiple copies, the copies are within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved; and

(3) That the program conforms to any promises or affirmations of fact made on the container or label.

(b) Unless disclaimed or modified, other implied warranties with respect to computer programs may arise from course of dealing or usage of trade.

(c) No warranty is created under this section with respect to informational content, but an implied warranty may arise under § 22-404 of this subtitle.
Md. Code, Land Use § 22-403 — MD Code / Article glu / Title 22 / Subtitle 4 / Section 22-403
§22–403.
Status: in_force

(a) (1) Notwithstanding § 10–305 of the Local Government Article, judicial review of a decision by the board of appeals on an application for a zoning variance or special exception may be requested by any person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.

(2) A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the decision by the board.

(3) The court may:

(i) affirm or reverse the action;

(ii) for any reason, remand the action to the board for further consideration; or

(iii) dismiss the petition.

(4) Any party to the proceeding in the circuit court may appeal from the judgment of the court to the Court of Special Appeals.

(b) The review proceedings provided by this section are exclusive.
Md. Code, Alcoholic Beverages and Cannabis § 22-909 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-909
§22–909.
Status: in_force

(a) There is:

(1) a 6–day Class C–3 (country club, social organization, topiary garden, or yacht or boat club) beer, wine, and liquor license; and

(2) a 7–day Class C–3 (country club, social organization, topiary garden, or yacht or boat club) beer, wine, and liquor license.

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

(1) a country club that:

(i) may be operated for profit or not for profit;

(ii) has at least 75 members paying dues of at least $50 per year per member; and

(iii) maintains a regular or championship golf course of at least nine holes or a swimming pool that is at least 20 by 40 feet;

(2) a social organization that:

(i) may be operated for profit or not for profit;

(ii) has at least 100 members paying dues of at least $200 per year per member;

(iii) has at least 51% of its membership consisting of:

1. active members of the armed forces of the United States;

2. veterans of the armed forces of the United States;

3. active or retired first responders; and

4. the spouses and children of the eligible members under items 1 through 3 of this item;

(iv) is secured by electronic means and is accessible only to members and their guests over the age of 21;

(v) requires each server of alcoholic beverages at the social organization to hold a certificate of completion from an approved alcohol awareness program as described in § 4–505 of this article;

(vi) has parking facilities to accommodate the vehicles of members and their guests;

(vii) is zoned for business or commercial use; and

(viii) maintains a list of all active members available for review by the Board of License Commissioners;

(3) a topiary garden that:

(i) operates a public museum and garden for the members of the topiary garden and the public as guests of the members;

(ii) is open to the public for at least 6 days a week for at least 6 hours a day during at least 5 months each year; and

(iii) has food preparation facilities on the premises for the convenience of guests; or

(4) a yacht or boat club that:

(i) may be operated for profit or not for profit;

(ii) owns real property in the county; and

(iii) has at least 150 dues–paying members, of whom at least 50 own a yacht, boat, or other vessel.

(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) (1) Subject to paragraph (2) of this subsection, the license holder may sell beer, wine, and liquor during the hours and days as set out under § 22–2004(f) of this title.

(2) A social organization granted a license under this section may sell beer, wine, and liquor on Monday through Sunday, from 4 p.m. to 11 p.m.

(e) (1) The annual fee for the 6–day license is $1,300.

(2) The annual fee for the 7–day license is $1,400.
Md. Code, Alcoholic Beverages and Cannabis § 22-905 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-905
§22–905.
Status: in_force

(a) There is:

(1) a Class BFD (fine dining) beer, wine, and liquor 6–day license; and

(2) a Class BFD (fine dining) beer, wine, and liquor 7–day license.

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.

(2) A license holder shall:

(i) serve only full–course dinners at least 5 days a week;

(ii) open the restaurant for business not later than 5 p.m.; and

(iii) comply with the requirements of § 22–103 of this title.

(c) The license holder may sell beer, wine, and liquor during the hours and days as set out under § 22–2004(d) of this title.

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

(e) The annual license fees are:

(1) $2,500 for a 6–day license; and

(2) $2,900 for a 7–day license.
Md. Code, Transportation § 22-401.1 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-401.1
§22–401.
Status: in_force

§22–401.1.

A vehicle from which ice cream products and similar products are sold may be equipped with, and the driver of the vehicle may use, a bell not exceeding 3 1/2 inches in diameter, or a set of bells, provided that no bell or set of bells may be:

(1) Operated by mechanical or electrical means or by any means other than manually;

(2) Amplified by any electrical or electronic means;

(3) Capable of emitting sound audible under normal conditions from a distance of more than 400 feet;

(4) Used for any purpose between the hours of 10 o’clock p.m. and 8 o’clock a.m.; or

(5) Used as an ordinary warning signal at any time.
Md. Code, Local Government § 22-103 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) Officers governing the Resilience Authority and employees of a Resilience Authority shall be appointed or hired as provided by local law.

(b) Except as otherwise provided in this title or the local law establishing the Resilience Authority, the procedures of the incorporating local government control any personnel matter relating to the internal administration of the Resilience Authority.
Md. Code, Alcoholic Beverages and Cannabis § 22-1104 — MD Code / Article gab / Title 22 / Subtitle 11 / Section 22-1104
§22–1104.
Status: in_force

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of:

(1) a Class A–1 license;

(2) a Class A–2 license;

(3) a Class B license that has off–sale privileges; or

(4) a Class D license.

(b) (1) Except as provided in paragraph (2) of this subsection, the annual permit fee is $50.

(2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.
Md. Code, Transportation § 22-206 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-206
§22–206.
Status: in_force

(a) Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with at least one stop lamp meeting the requirements of § 22–219(a) of this subtitle, and the following vehicles shall meet the following additional requirements:

(1) (i) Every motor vehicle, other than a motorcycle, registered in this State and sold as a new vehicle after June 1, 1967, shall be equipped with at least two stop lamps;

(ii) Every passenger vehicle manufactured on or after September 1, 1985, shall be equipped with a red center high mount stop lamp mounted with its center on the vertical centerline of the vehicle as the vehicle is viewed from the rear; and

(iii) Every pickup truck, van, and sport utility vehicle manufactured on or after September 1, 1993, shall be equipped with a red center high mount stop lamp mounted with its center on the vertical centerline of the vehicle as the vehicle is viewed from the rear; and

(2) After July 1, 1971, every trailer, semitrailer, and pole trailer shall be equipped with at least two stop lamps.

(b) Every motor vehicle, trailer, semitrailer, and pole trailer registered in this State and sold as a new vehicle after June 1, 1961, shall be equipped with electric turn signal lamps meeting the requirements of § 22–219(b) through (h) of this subtitle, except that:

(1) Motorcycles manufactured before January 1, 1973, need not be equipped with electric turn signal lamps; and

(2) The requirements of this section apply only to those trailers, semitrailers, and pole trailers that are registered in this State and sold as new vehicles on or after July 1, 1971.

(c) Any special mobile equipment that is being towed shall be equipped with at least 2 stop lamps that meet the requirements of § 22-219(a) of this subtitle and electric turn signals that meet the requirements of § 22-219(b) of this subtitle if the special mobile equipment:

(1) Obstructs the tail lamps, stop lamps, turn signals, or except for the registration plate lamp, any lamp of the towing vehicle required by law to be visible from the rear; or

(2) Extends more than 12 feet from the rear of the towing vehicle.
Md. Code, Land Use § 22-310 — MD Code / Article glu / Title 22 / Subtitle 3 / Section 22-310
§22–310.
Status: in_force

(a) Except as provided in subsection (b) of this section, the district council shall provide for the appeal of decisions of the zoning hearing examiner in special exception cases to the district council.

(b) If a special exception is contrary to the recommendation of a municipal corporation that has any portion of the property subject to the special exception in the municipal boundaries, the district council shall require a two–thirds vote of all district council members to approve the special exception.
Md. Code, Alcoholic Beverages and Cannabis § 22-701 — MD Code / Article gab / Title 22 / Subtitle 7 / Section 22-701
§22–701.
Status: in_force

(a) There is a Class A wine license in the county.

(b) The license may be issued to a holder of a Class 3 winery license or a Class 4 limited winery license.

(c) (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery that contains not more than 23% of alcohol by volume.

(2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee is $100.
Md. Code, Housing and Community Development § 22-102 — MD Code / Article ghs / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: in_force

An Indian tribe may establish an authority on approval by ordinance or resolution of the governing body and chief elected official of the political subdivision where the authority is to be located.
Md. Code, Alcoholic Beverages and Cannabis § 22-202 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: reserved

(a) The County Executive shall appoint five members to the Board in accordance with this section.

(b) (1) (i) At least 60 days before the expiration of a member’s term, the County Executive shall submit the name of one nominee to the Harford County Delegation to the Maryland General Assembly, consisting of Harford County Senators and Delegates, for the advice and consent of the Delegation.

(ii) The County Executive shall consider geographical representation in selecting nominees.

(2) Within 7 working days after the Delegation receives the name of the nominee:

(i) the Delegation shall approve or reject the nominee; or

(ii) if the Delegation fails to act, the nominee shall be considered to have been approved.

(3) If the Delegation rejects the nominee, the County Executive shall submit the name of a new nominee to the Delegation within 7 working days after the County Executive receives notice of the rejection.

(4) The County Executive shall continue to submit names of nominees in accordance with paragraphs (2) and (3) of this subsection to the Delegation until a nominee is approved.

(5) The County Executive shall submit the name of the approved nominee to the County Council for its advice and consent.

(c) Each member of the Board:

(1) shall be a resident, voter, and taxpayer of the county;

(2) shall be an individual of high character and integrity and of recognized business capacity; and

(3) notwithstanding any other provision of the Code or local law, shall be subject to Title 5, Subtitle 5, Part I, and Subtitles 6 and 7 of the General Provisions Article regarding financial disclosure, conflicts of interest, and lobbying activities.

(d) (1) Each member of the Board shall provide a penalty bond to the county in an amount to be set by the County Executive and County Council on the condition that the member faithfully performs all of the duties of the office.

(2) The Board shall pay the cost of the bonds.

(e) (1) The term of a member is 3 years and begins on the first Monday in April.

(2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.

(f) (1) To fill a vacancy other than one resulting from an expired term, the County Executive, as soon as practicable, shall submit the name of one nominee to the Harford County Delegation to the Maryland General Assembly, consisting of Harford County Senators and Delegates, for the advice and consent of the Delegation.

(2) After the name of a nominee is submitted, the procedures under subsection (b)(2) through (5) of this section apply.

(3) A member who is appointed after a term has begun serves only for the rest of the term.
Md. Code, State Government § 22-204 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-204
§22–204.
Status: in_force

(a) Except as provided in subsection (b) of this section, a public employer has the right to:

(1) determine how the statutory mandate and goals of the public employer, including the functions and programs of the public employer, its overall budget, and its organizational structure, are to be carried out; and

(2) direct employees of the public employer.

(b) The State, through its appropriate officers and employees, has the right to:

(1) (i) determine the mission, budget, organization, numbers, types and grades of employees assigned, the work projects, tours of duty, methods, means, and personnel by which its operations are to be conducted, technology needed, internal security practices, and relocation of its facilities; and

(ii) maintain and improve the efficiency and effectiveness of governmental operations;

(2) determine the:

(i) services to be rendered, operations to be performed, and technology to be used; and

(ii) overall methods, processes, means, and classes of work or personnel by which governmental operations are to be conducted;

(3) hire, direct, supervise, and assign employees;

(4) (i) promote, demote, discipline, discharge, retain, and lay off employees; and

(ii) terminate employment because of lack of funds, lack of work, under conditions where the employer determines continued work would be inefficient or nonproductive, or for other legitimate reasons;

(5) set the qualifications of employees for appointment and promotion, and set standards of conduct;

(6) adopt State or Department rules, regulations, or procedures;

(7) provide a system of merit employment according to the standard of business efficiency; and

(8) take actions not otherwise specified in this section to carry out the mission of the employer.
Md. Code, Health - General § 22-311 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-311
§22–311.
Status: in_force

A dangerous household substance dispensed under the prescription of an authorized prescriber may be provided in a package that does not meet the child resistant packaging standards adopted under this subtitle if the noncomplying package is:

(1) Required by the prescription; or

(2) Requested by the purchaser.
Md. Code, Local Government § 22-101 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

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

(b) (1) “Bond” means an obligation for the payment of money, by whatever name known or source of funds secured, issued by a local government or Resilience Authority under State and local general or special statutory authority.

(2) “Bond” includes a refunding bond, a note, and any other obligation.

(c) “Capital costs” means costs incurred for acquisition, planning, design, construction, repair, renovation, reconstruction, expansion, site improvement, and capital equipping.

(d) “Chief executive” means the president, the chair, the mayor, the county executive, or any other chief executive officer or head of a local government.

(e) “Climate change” includes sea level rise, nuisance flooding, increased rainfall events, erosion, and temperature rise.

(f) “Local government” means a county or municipality.

(g) “Resilience Authority” means an authority incorporated by one or more local governments in accordance with this title whose purpose is to undertake or support resilience infrastructure projects.

(h) (1) “Resilience infrastructure” means infrastructure that mitigates the effects of climate change.

(2) “Resilience infrastructure” includes flood barriers, green spaces, building elevation, and stormwater infrastructure.

(i) “Resilience infrastructure project” means a project to finance or refinance the capital costs associated with resilience infrastructure.
Md. Code, Commercial Law § 22-609 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-609
§22–609.
Status: in_force

(a) Acceptance of a copy occurs when the party to which the copy is tendered:

(1) Signifies, or acts with respect to the copy in a manner that signifies, that the tender was conforming or that the party will take or retain the copy despite the nonconformity;

(2) Does not make an effective refusal;

(3) Commingles the copy or the information in a manner that makes compliance with the party’s duties after refusal impossible;

(4) Obtains a substantial benefit from the copy and cannot return that benefit; or

(5) Acts in a manner inconsistent with the licensor’s ownership, but the act is an acceptance only if the licensor elects to treat it as an acceptance and ratifies the act to the extent it was within contractual use terms.

(b) Except in cases governed by subsection (a)(3) or (4) of this section, if there is a right to inspect under § 22-608 of this subtitle or the agreement, acceptance of a copy occurs only after the party has had a reasonable opportunity to inspect the copy.

(c) If an agreement requires delivery in stages involving separate portions that taken together comprise the whole of the information, acceptance of any stage is conditional until acceptance of the whole.
Md. Code, Public Utilities § 22-114 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-114
§22–114.
Status: in_force

(a) The Commission may borrow money and issue refunding bonds to refund bonds issued and outstanding by the Commission if:

(1) the county executives and county councils of Montgomery County and Prince George’s County approve the plan for the issuance of refunding bonds; and

(2) the Commission determines that issuing refunding bonds will result in total savings in debt service costs, directly or through any debt restructuring.

(b) The Commission shall authorize the issuance of refunding bonds by resolution that may include:

(1) the date of the refunding bonds;

(2) the maturity dates of the refunding bonds, which may not exceed 40 years from the date of issue;

(3) the interest rates on the refunding bonds, which may not exceed 10% annually;

(4) the denominations of the refunding bonds;

(5) the form of the refunding bonds, which may be coupon or registered;

(6) registration or conversion privileges;

(7) the manner of executing the refunding bonds;

(8) the manner of payment at places in or outside of the State;

(9) terms for redemption before maturity;

(10) terms for replacement of mutilated, destroyed, stolen, or lost bonds; and

(11) any other terms, conditions, or covenants.

(c) Refunding bonds issued to refund outstanding bonds for which front foot benefit charges have been imposed shall mature on or before 1 year after the date set for the payment of the final installment of the front foot benefit charge.

(d) (1) Refunding bonds may be:

(i) exchanged for bonds being refunded;

(ii) sold at public sale; or

(iii) subject to paragraph (2) of this subsection, sold at a negotiated sale in an open meeting.

(2) Refunding bonds may be sold at a negotiated sale if the Commission determines:

(i) that a public sale would be impracticable to effectuate the purpose of the refunding bonds; and

(ii) the price, terms, and conditions are in the best interest of the Commission.

(e) (1) At least 45 days before the sale or exchange of any refunding bonds, the Commission shall deliver its plan on the issuance of the refunding bonds to the county executives and county councils of Montgomery County and Prince George’s County.

(2) Except as provided in paragraph (3) of this subsection, the Commission may not sell or exchange the refunding bonds unless the plan under paragraph (1) of this subsection is approved by the county executives and county councils of Montgomery County and Prince George’s County.

(3) (i) On or before 30 days after the delivery of the plan, the county executives and county councils of Montgomery County and Prince George’s County shall approve or disapprove of the plan.

(ii) Failure of a county executive or county council of Montgomery County or Prince George’s County to act within 30 days is deemed as approval of the plan by that county.

(4) The county executives and county councils of Montgomery County and Prince George’s County may waive the time period requirements under this subsection.

(f) If an officer whose signature or facsimile signature appears on a refunding bond or coupon ceases to be an officer before the delivery of the refunding bond, the signature or facsimile is valid and sufficient as if the officer remained in office until delivery.

(g) Refunding bonds issued to refund bonds guaranteed as to payment of principal and interest by Montgomery County or Prince George’s County may be guaranteed in the same manner and form as under § 22–104 of this subtitle.

(h) Refunding bonds authorized under this section are:

(1) in addition to any other bonds authorized under this subtitle; and

(2) included in computing the amount of bonds that may be issued under the 7% limitation under § 22–103 of this subtitle.

(i) Refunding bonds authorized under this section are forever exempt from taxation by the State and counties and municipalities in the State.

(j) The powers granted under this section are not subject to the provisions of any other law in conflict with the powers.
Md. Code, Alcoholic Beverages and Cannabis § 22-1002 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1002
§22–1002.
Status: in_force

(a) There is a Class CCFA (continuing care facility for the aged) beer, wine, and liquor license.

(b) The Board may issue the license to the officers of a continuing care facility for the aged that:

(1) provides continuing care as defined under § 10–401 of the Human Services Article;

(2) is licensed as a related institution under Title 19, Subtitle 3 of the Health – General Article;

(3) is certified by the Department of Aging; and

(4) is exempt from federal income tax under § 501(c)(3) of the Internal Revenue Code.

(c) The license authorizes the license holder to sell beer, wine, and liquor on the licensed premises for on–premises consumption.

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

(e) The annual license fee is $5,000.
Md. Code, Alcoholic Beverages and Cannabis § 22-102 — MD Code / Article gab / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: in_force

This title applies only in Harford County.
Md. Code, Alcoholic Beverages and Cannabis § 22-2101 — MD Code / Article gab / Title 22 / Subtitle 21 / Section 22-2101
§22–2101.
Status: in_force

(a) The following sections of Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–602 (“Power of local licensing board”);

(2) § 4–603 (“Revocation and suspension procedures”);

(3) § 4–605 (“Nudity and sexual displays”); and

(4) § 4–606 (“Effects of revocation”).

(b) Section 4–604 (“Grounds for revocation or suspension”) of Division I of this article applies in the county, subject to § 22–2102 of this subtitle.
Md. Code, Land Use § 22-308 — MD Code / Article glu / Title 22 / Subtitle 3 / Section 22-308
§22–308.
Status: in_force

This part applies only in Prince George’s County.
Md. Code, State Personnel and Pensions § 22-215 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-215
§22–215.
Status: in_force

(a) Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 4% a year compounded annually, until retirement or withdrawal of the accumulated contributions.

(b) Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.

(c) (1) In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of one of the several systems.

(2) This subsection applies only to an individual who:

(i) is a former member of the Employees’ Retirement System or the Teachers’ Retirement System;

(ii) is not eligible to receive a vested allowance from the Employees’ Retirement System or the Teachers’ Retirement System under Title 29, Subtitle 3 of this article;

(iii) has not withdrawn the individual’s member contributions from the Employees’ Retirement System or the Teachers’ Retirement System; and

(iv) is an active member of one of the several systems.

(3) An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in a nonvested account in the Employees’ Retirement System or the Teachers’ Retirement System while the individual is an active member of one of the several systems.
Md. Code, Health - General § 22-503 — MD Code / Article ghg / Title 22 / Subtitle 5 / Section 22-503
§22–503.
Status: in_force

Hazardous material is considered to be misbranded if the hazardous material:

(1) Is intended or packaged in a form suitable for use in the home or by children; and

(2) Fails to meet the labeling requirements established by the rules and regulations adopted under this subtitle.
Md. Code, Commercial Law § 22-304 — MD Code / Article gcl / Title 22 / Subtitle 3 / Section 22-304
§22–304.
Status: in_force

(a) Terms of an agreement involving successive performances apply to all performances, even if the terms are not displayed or otherwise brought to the attention of a party with respect to each successive performance, unless the terms are modified in accordance with this title or the contract.

(b) If a contract provides that terms may be changed as to future performances by compliance with a described procedure, a change proposed in good faith pursuant to that procedure becomes part of the contract if the procedure:

(1) Reasonably notifies the other party of the change; and

(2) In a mass-market transaction, permits the other party to terminate the contract as to future performance if the change alters a material term and the party in good faith determines that the modification is unacceptable.

(c) The parties by agreement may determine the standards for reasonable notice unless the agreed standards are manifestly unreasonable in light of the commercial circumstances.

(d) The enforceability of changes made pursuant to a procedure that does not comply with subsection (b) of this section is determined by the other provisions of this title or other law.
Md. Code, Transportation § 22-405.3 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-405.3
§22–405.
Status: in_force

§22–405.3.

If a new Class A (passenger) or Class M (multipurpose) motor vehicle is sold in this State, the manufacturer shall equip the motor vehicle with a spare tire that conforms with the requirements in § 22–405 of this subtitle, unless:

(1) The tire–wheel system of the motor vehicle provides a run–flat capability by which a partially inflated driving surface becomes available in the event of a tire failure;

(2) The motor vehicle is equipped with a factory–installed temporary tire repair and inflation system; or

(3) Technological improvements, consistent with applicable federal motor vehicle safety standards, become available.
Md. Code, Alcoholic Beverages and Cannabis § 22-2704 — MD Code / Article gab / Title 22 / Subtitle 27 / Section 22-2704
§22–2704.
Status: in_force

An individual may possess an alcoholic beverage in an open container on private property described under § 6–322(a)(1) of this article only if the individual possesses and presents the written consent of the owner of the property.
Md. Code, Commercial Law § 22-212 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-212
§22–212.
Status: in_force

The efficacy, including the commercial reasonableness, of an attribution procedure is determined by the court. In making this determination, the following rules apply:

(1) An attribution procedure established by law is effective for transactions within the coverage of the statute or rule.

(2) Except as otherwise provided in paragraph (1) of this section, commercial reasonableness and effectiveness is determined in light of the purposes of the procedure and the commercial circumstances at the time the parties agreed to or adopted the procedure.

(3) An attribution procedure may use any security device or method that is commercially reasonable under the circumstances.
Md. Code, Local Government § 22-109 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-109
§22–109.
Status: in_force

A finding by the local governing authority or the board of directors of a Resilience Authority as to the public purpose of an action taken under this title, and the appropriateness of that action to serve the public purpose, is conclusive in a proceeding involving the validity or enforceability of a bond, or security for a bond, issued under this title.
Md. Code, State Government § 22-208 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-208
§22–208.
Status: in_force

An employee organization certified as the exclusive representative shall:

(1) serve as the sole and exclusive bargaining agent for all employees in the bargaining unit;

(2) represent fairly and without discrimination all employees in the bargaining unit, whether or not the employees are members of the employee organization or are paying dues or other contributions to it or participating in its affairs; and

(3) promptly file with the Board all changes and amendments to the organization’s governing documents.
Md. Code, Land Use § 22-123 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-123
§22–123.
Status: in_force

Other than a provision applicable to Montgomery County, Prince George’s County, or all charter counties under Title 1, Subtitle 4 of this article, any provision of Division I of this article that is in conflict with this title does not apply in the regional district.
Md. Code, Alcoholic Beverages and Cannabis § 22-1201 — MD Code / Article gab / Title 22 / Subtitle 12 / Section 22-1201
§22–1201.
Status: in_force

(a) There is a Class H caterer’s beer, wine, and liquor license.

(b) The Board may issue the license to a person that owns, leases, or operates an establishment that has:

(1) one or more banquet rooms suitable for public events; and

(2) food preparation facilities on the premises.

(c) The license authorizes a holder to:

(1) sell or provide all alcoholic beverages at retail for consumption on the premises of the catering establishment during an event; and

(2) (i) contract with a sponsor of a public or private event to provide food and alcoholic beverages; or

(ii) enter into an exclusive lease with a volunteer fire company for a banquet facility that the volunteer fire company owns.

(d) The license holder may:

(1) contract with the sponsor or volunteer fire company under subsection (c)(2) of this section to allow patrons to bring their own alcoholic beverages onto the premises of the license holder for consumption at a catered event;

(2) contract to provide alcoholic beverages at a catered event held off the premises of the license holder if:

(i) the license holder also contracts to provide food for consumption at the event; and

(ii) the event is held in the county; and

(3) once during a calendar year on a date that the holder selects, provide food and sell or provide alcoholic beverages for on–premises consumption at an event that the license holder sponsors.

(e) The annual license fee is $1,500.

(f) A holder of a Class B hotel or restaurant beer, wine, and liquor license that provides catering services on or off the premises for which the license is issued:

(1) is not required to obtain a Class H license; but

(2) is subject to subsection (d)(2) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-1002.1 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1002.1
§22–1002.
Status: in_force

§22–1002.1.

(a) There is a gift basket permit.

(b) (1) The Board may issue the permit to a person:

(i) whose primary business is the sale and delivery of flowers;

(ii) whose business includes the sale and delivery of gift baskets of flowers, food, or other items; and

(iii) who does not hold any other alcoholic beverages license or permit under this article.

(2) The Board may not issue the permit for use in conjunction with or on the premises of a chain store, supermarket, or discount house.

(c) A holder of the permit:

(1) may sell and deliver, to consumers of a legal drinking age located in the county, gift baskets containing:

(i) not more than 72 ounces of beer;

(ii) not more than 2.25 liters of wine; or

(iii) not more than 2.25 liters of liquor;

(2) shall maintain records and submit reports as required by the Board; and

(3) is subject to the alcohol awareness training requirements under § 4–505 of this article.

(d) (1) Subject to paragraph (2) of this subsection, the permit holder or an employee of the permit holder shall:

(i) deliver the gift basket containing alcoholic beverages; and

(ii) require the person receiving a delivery of a gift basket containing alcoholic beverages to display proof that the person is at least 21 years old.

(2) An individual who delivers a gift basket containing alcoholic beverages shall be at least 21 years old.

(e) The holder’s annual sales from alcoholic beverages may not exceed 10% of the holder’s annual gross sales.

(f) The alcoholic beverages contained in a gift basket shall be purchased from a retail license holder.

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

(h) The fee for a gift basket permit is $100.
Md. Code, Alcoholic Beverages and Cannabis § 22-1004 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1004
§22–1004.
Status: in_force

(a) There is:

(1) a 6–day Class HC (health club) beer and wine license; and

(2) a 7–day Class HC (health club) beer and wine license.

(b) The Board may issue the 6–day or the 7–day license to a person who:

(1) sells health club services, as defined in § 14–12B–01 of the Commercial Law Article;

(2) has a health club facility that offers:

(i) an indoor or outdoor swimming pool; or

(ii) pickleball courts;

(3) has at least 150 members who pay dues; and

(4) owns or leases real property in the county for use as a for–profit or nonprofit health club facility.

(c) (1) The 6–day license authorizes the license holder to sell beer and wine from Monday through Saturday in a bar area at a swimming pool or an indoor lounge or both.

(2) The 7–day license authorizes the license holder to sell beer and wine from Monday through Sunday in a bar area at a swimming pool or an indoor lounge or both.

(d) The 6–day license holder and the 7–day license holder may sell beer and wine for on–premises consumption from 1 p.m. to 9 p.m.

(e) The license holder shall purchase beer and wine from an authorized and licensed wholesaler.

(f) The license holder shall provide prepackaged food or snacks at all times when beer and wine are sold.

(g) (1) The annual fee for the 6–day license is $1,300.

(2) The annual fee for the 7–day license is $1,400.
Md. Code, Commercial Law § 22-806 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-806
§22–806.
Status: in_force

Remedies for material misrepresentation or fraud include all remedies available under this title for nonfraudulent breach of contract.
Md. Code, Public Utilities § 22-106 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-106
§22–106.
Status: in_force

(a) (1) To retire and pay the interest on bonds issued under this subtitle, each year the county councils of Montgomery County and Prince George’s County shall impose against the assessable property that is in the sanitary district a tax sufficient to pay the principal of and interest on the bonds, as and when due and until paid in full.

(2) The tax is to be determined, imposed, collected, and paid over to the Commission as provided in this section.

(3) Each year the Commission shall determine the amount necessary to pay the principal and interest on bonds issued to provide funds for the construction, remodeling, enlargement, or replacement of any office or operating building.

(4) (i) The Commission shall set aside the amount determined under paragraph (3) of this subsection from water service charges, sewer usage charges, house connection charges, and any other charges imposed by the Commission as the Commission determines to be fair and equitable.

(ii) The amount set aside shall be deducted from the amount that the Commission determines to be necessary to be raised by direct taxation under this section on certification to the county councils of Montgomery County and Prince George’s County.

(b) At least 30 days before the taxable year for property taxes, the county executives of Montgomery County and Prince George’s County shall certify to the Commission the total valuation of assessable property within the sanitary district in each county.

(c) (1) The Commission shall determine the amount necessary, for the next taxable year, to pay:

(i) interest on all outstanding bonds;

(ii) principal of all serial bonds maturing during the year; and

(iii) the proportionate part of principal of all outstanding sinking fund bonds as determined by the usual table of redemption of bonds by annual deposit in a sinking fund on interest.

(2) After deducting all amounts in hand applicable to payment of interest and principal on the bonds, the Commission shall certify to the county councils of Montgomery County and Prince George’s County the number of cents per $100 necessary to raise the amount determined under paragraph (1) of this subsection.

(d) (1) Each year the county councils of Montgomery County and Prince George’s County shall impose a tax in the amount determined under subsection (c)(1) of this section on all assessable property within the sanitary district.

(2) The taxes imposed under this section shall:

(i) have the same status as county taxes; and

(ii) be imposed and collected by the tax collecting authority for each county as county taxes.

(e) Every 60 days, each county shall pay to the Commission the taxes collected under this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-1305 — MD Code / Article gab / Title 22 / Subtitle 13 / Section 22-1305
§22–1305.
Status: in_force

(a) There is a beer and wine tasting (BWT) license.

(b) The Board may issue the license to a holder of a Class A beer and wine (BW) license.

(c) (1) The license authorizes the holder to allow the on–premises consumption of beer and wine 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 beer or wine covered by the license in a quantity of not more than 1 ounce from each offering of beer or wine.

(e) The license fee is:

(1) $100 for a 26–day license;

(2) $150 for a 52–day license; and

(3) $225 for a 1–year license.
Md. Code, Alcoholic Beverages and Cannabis § 22-201 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-201
§22–201.
Status: in_force

There is a Board of License Commissioners for Harford County.
Md. Code, State Personnel and Pensions § 22-206 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-206
§22–206.
Status: in_force

(a) Except as provided in § 22-207 of this subtitle, an individual who was a member of the Teachers’ Retirement System on or before December 31, 1979, became a member of the Teachers’ Retirement System as a condition of employment.

(b) Except as provided in former Article 73B, § 3-206 of the Code, an individual who is not a member of the Teachers’ Retirement System on December 31, 1979, is not eligible for membership in the Teachers’ Retirement System.
Md. Code, Commercial Law § 22-707 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-707
§22–707.
Status: in_force

(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it:

(1) On the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured;

(2) During a continuing effort by the party in breach at adjustment and cure, and the breach was not seasonably cured; or

(3) Without discovery of the nonconformity, if acceptance was reasonably induced either by the other party’s assurances or by the difficulty of discovery before acceptance.

(b) Revocation of acceptance is not effective until the revoking party notifies the other party of the revocation.

(c) Revocation of acceptance of a copy is precluded if:

(1) It does not occur within a reasonable time after the party attempting to revoke discovers or should have discovered the ground for it;

(2) It occurs after a substantial change in condition not caused by defects in the information, such as after the party commingles the information in a manner that makes its return impossible; or

(3) The party attempting to revoke received a substantial benefit or value from the information, and the benefit or value cannot be returned.

(d) A party that rightfully revokes has the same duties and is under the same restrictions as if the party had refused tender of the copy.
Md. Code, Alcoholic Beverages and Cannabis § 22-2003 — MD Code / Article gab / Title 22 / Subtitle 20 / Section 22-2003
§22–2003.
Status: reserved

(a) A holder of a Class A beer and wine license may sell beer and wine on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(b) A holder of a Class B beer and wine license may sell beer and wine on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer and wine license may sell beer and wine on Monday through Sunday, from 8 a.m. to 2 a.m. the following day.

(d) Reserved.
Md. Code, Health - General § 22-401 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-401
§22–401.
Status: in_force

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

(b) “Guaranty” means a guaranty that the product, fabric, or related material covered by the guaranty has been tested for flammability under the rules and regulations adopted by the Department under this subtitle.

(c) “Product” means any mattress, mattress pad, sleepwear, or other clothing.
Md. Code, Alcoholic Beverages and Cannabis § 22-402 — MD Code / Article gab / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Alcoholic Beverages and Cannabis § 22-1005.3 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1005.3
§22–1005.
Status: reserved

§22–1005.3.

(a) In this section, “performing arts theater” means an area, a building, or a structure designed and used for plays, acts, dramas, concerts, or histrionics by actors or actresses performing on a stage.

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

(c) The Board may issue the license for use on the premises of a performing arts theater operated by a for–profit organization.

(d) The license authorizes the holder to sell or serve beer, wine, and liquor at retail for on–premises consumption.

(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 1 hour before or 1 hour after a performance.

(f) The license may not be transferred to another location.

(g) The license holder shall purchase beer, wine, and liquor from an authorized and licensed wholesaler.

(h) The license holder shall serve or offer for sale snacks at all times when beer, wine, and liquor are sold.

(i) The annual license fee is $1,500.
Md. Code, Alcoholic Beverages and Cannabis § 22-1301 — MD Code / Article gab / Title 22 / Subtitle 13 / Section 22-1301
§22–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”);

(3) § 4–1204 (“Class C per diem beer, wine, and liquor license”);

(4) § 4–1206 (“License to dispose of stock”);

(5) § 4–1207 (“Temporary move of licensed premises”);

(6) § 4–1208 (“Hours and days of sale”); and

(7) § 4–1209 (“Wine permit for fund–raising event”).

(b) Section 4–1205 (“License fees”) of Division I of this article does not apply in the county and is superseded by § 22–1309.1 of this subtitle.
Md. Code, Commercial Law § 22-207 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-207
§22–207.
Status: in_force

(a) A release is effective without consideration if it is:

(1) In a record to which the releasing party agrees, such as by manifesting assent, and which identifies the informational rights released; or

(2) Enforceable under estoppel, implied license, or other law.

(b) A release continues for the duration of the informational rights released if the release does not specify its duration and does not require affirmative performance after the grant of the release by:

(1) The party granting the release; or

(2) The party receiving the release, except for relatively insignificant acts.

(c) In cases not governed by subsection (b) of this section, the duration of a release is governed by § 22-308 of this title.
Md. Code, State Personnel and Pensions § 22-405 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-405
§22–405.
Status: in_force

(a) Subject to subsection (d) of this section, if a Governor serves for at least:

(1) one full term, the Governor is entitled to receive a retirement allowance equal to one–third of the annual salary received by the current Governor in office; or

(2) two full terms, the Governor is entitled to receive a retirement allowance equal to one–half of the annual salary received by the current Governor in office.

(b) The Board of Trustees shall suspend a retirement allowance received under this section during any period when the former Governor is employed by a unit of State government.

(c) Except as provided in subsection (d) of this section, a Governor may not receive a retirement allowance under this section until the Governor is at least 62 years old.

(d) (1) A Governor who leaves office because of physical or mental disability, under Article II, Section 6(c) of the Maryland Constitution, shall immediately receive a disability retirement allowance equal to the amount the Governor would have received had the Governor completed the current term and become 62 years old.

(2) If the physical or mental disability ends before the former Governor becomes 62 years old, the Board of Trustees shall stop the disability retirement allowance, but the former Governor shall receive the normal retirement allowance at age 62 if otherwise qualified.

(e) On the death of a former Governor, the surviving spouse of the former Governor shall receive an allowance that is equal to one–half of the former Governor’s retirement allowance.

(f) On the death of a Governor while in office, the deceased Governor’s surviving spouse shall receive one–half of the retirement allowance that the deceased Governor would have been entitled to receive had the deceased Governor completed the current term and become 62 years old.
Md. Code, Transportation § 22-205 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-205
§22–205.
Status: in_force

(a) (1) After July 1, 1971, every motor vehicle, trailer, semitrailer, and pole trailer, and any special mobile equipment being towed, shall carry on the rear, either as part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section, except that:

(i) Motorcycles shall carry at least one reflector; and

(ii) Vehicles of the types mentioned in § 22-208 of this subtitle shall be equipped with reflectors meeting the requirements of §§ 22-210 and 22-211(a) and (b) of this subtitle.

(2) Before this date every vehicle, trailer, or semitrailer, including devices moved by muscular power, shall carry on the rear at least one reflector, and after this date, every vehicle mentioned in this paragraph that is not mentioned in paragraph (1) of this subsection shall carry on the rear at least one reflector.

(b) Every reflector shall be mounted on the vehicle at a height of not more than 60 inches nor less than 15 inches and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of headlamps, except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles. When two reflectors are required they shall be as widely spaced laterally as practicable.
Md. Code, Alcoholic Beverages and Cannabis § 22-1604 — MD Code / Article gab / Title 22 / Subtitle 16 / Section 22-1604
§22–1604.
Status: in_force

The Board may not issue any license with an off–sale privilege for use in a business that is intended to be operated as a drive–through sales facility at which alcoholic beverages are:

(1) sold at retail; and

(2) dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.
Md. Code, State Personnel and Pensions § 22-211 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-211
§22–211.
Status: in_force

A former member of the Employees’ Retirement System who was a member as an elected or appointed official may continue membership in the Employees’ Retirement System if the former member pays to the Board of Trustees the member contributions and employer contributions that would have been made by or for the former member had the former member remained in office.
Md. Code, Alcoholic Beverages and Cannabis § 22-1003.1 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1003.1
§22–1003.
Status: in_force

§22–1003.1.

(a) There is a Class GCR (golf course restaurant) beer, wine, and liquor license.

(b) The Board may issue a Class GCR license to the owner or operator of a golf course that:

(1) is open to the public;

(2) is operated for profit;

(3) has a minimum of 18 holes; and

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

(c) (1) The license authorizes the license holder to sell beer, wine, and liquor for consumption on the land and in the buildings, including the clubhouse, used for golfing purposes and for non–golf–related events.

(2) A patron need not be seated to be served.

(3) The license is limited to on–premises sales only.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 22–2004 of this title.

(e) The annual license fee is $3,500.
Md. Code, Alcoholic Beverages and Cannabis § 22-1705 — MD Code / Article gab / Title 22 / Subtitle 17 / Section 22-1705
§22–1705.
Status: reserved

(a) The Board may charge a fee for the transfer of a license that may not exceed the administration cost for processing the transfer.

(b) If a license is transferred before its expiration date, the Board shall allow the transferee to operate under the license until the license expiration date without additional charge.

(c) If a license is transferred on its expiration date, the charge for the transfer is the same as the fee for the issuance of the license.
Md. Code, Transportation § 22-230 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-230
§22–230.
Status: in_force

(a) A person may not have for sale, sell, or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer, semitrailer, or pole trailer any headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector or lamp is required under this title, or parts of any of the foregoing, which tend to change the original design or performance.

(b) A person may not use on a motor vehicle, trailer, semitrailer, or pole trailer a headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector or lamp is required under this title, or parts of any of the foregoing, which tend to change the original design or performance.

(c) A person may not use on any motor vehicle, trailer, semitrailer, or pole trailer any lamp or reflector that tends to change its original design or performance in violation of regulations adopted by the Administrator.
Md. Code, Transportation § 22-608 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-608
§22–608.
Status: in_force

The manufacturer, distributor, or designated agent of the manufacturer or distributor of each make and model of motor vehicle sold in this State shall file with the Administration a written certification that the particular make and model complies with the sound level limits established under § 22-605 of this subtitle for new motor vehicles. The certification shall be on the form that the Administration requires.
Md. Code, Transportation § 22-208 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-208
§22–208.
Status: in_force

(a) In addition to the other equipment required by this title, including §§ 22-203, 22-204, 22-205, and 22-206, the vehicles mentioned in this section, when operated on any highway, shall be equipped as stated in this section. All required lamp equipment shall be lighted at the times mentioned in § 22-201.1 of this subtitle. The reflectors elsewhere enumerated for these vehicles shall conform to the requirements of § 22-211(a) and (b) of this subtitle.

(b) (1) Buses and trucks 80 inches or more in overall width shall have:

(i) On the front, two clearance lamps, one at each side, and on those manufactured or assembled after June 1, 1971, three identification lamps meeting the specifications of subsection (c) of this section;

(ii) On the rear, two clearance lamps, one at each side, and after June 1, 1970, three identification lamps meeting the specifications of subsection (c) of this section;

(iii) On each side, two side marker lamps, one at or near the front and one at or near the rear; and

(iv) On each side, two reflectors, one at or near the front and one at or near the rear.

(2) Trailers and semitrailers 80 inches or more in overall width shall have:

(i) On the front, two clearance lamps, one at each side;

(ii) On the rear, two clearance lamps, one at each side, and after June 1, 1971, three identification lamps meeting the specifications of subsection (c) of this section;

(iii) On each side, two side marker lamps, one at or near the front and one at or near the rear; and

(iv) On each side, two reflectors, one at or near the front and one at or near the rear.

(3) Truck tractors shall have on the front, two cab clearance lamps, one at each side, and after June 1, 1971, all of these vehicles shall have in addition three identification lamps meeting the specifications of subsection (c) of this section.

(4) Motor vehicles, trailers, semitrailers, and pole trailers 30 feet or more in overall length shall have on each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle.

(5) Pole trailers shall have:

(i) On each side, one amber side marker lamp at or near the front of the load;

(ii) One amber reflector at or near the front of the load; and

(iii) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer.

(c) Whenever identification lamps are required or permitted by this title, they shall be grouped in a horizontal row, with lamp centers spaced not less than 6 nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline. However, where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification lamp at the center of the cab complies with the requirements for front identification lamps.
Md. Code, Alcoholic Beverages and Cannabis § 22-403 — MD Code / Article gab / Title 22 / Subtitle 4 / Section 22-403
§22–403.
Status: in_force

(a) There is a Class DBR license.

(b) (1) The license may be issued to a holder of a Class 5 brewery license.

(2) The Board may issue a maximum number of two licenses to the same person.

(c) (1) The license serves as the on–premises consumption permit and the license equivalent to a Class D license specified under § 2–207(e)(1) of this article.

(2) The license holder is not required to sell food, but is required to provide prepackaged snacks.

(3) The license holder may sell beer brewed at the brewery for on–premises and off–premises consumption to the extent the license holder is allowed under the license holder’s Class 5 brewery license.

(d) The value of the equipment used on the premises may be used toward meeting any minimum capital investment requirement imposed on a holder of the license.

(e) The hours of sale are as provided for a Class D beer, wine, and liquor license under Subtitle 20 of this title.

(f) The annual license fee is $500.
Md. Code, Alcoholic Beverages and Cannabis § 22-2201 — MD Code / Article gab / Title 22 / Subtitle 22 / Section 22-2201
§22–2201.
Status: in_force

Title 4, Subtitle 7 (“Expiration of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Commercial Law § 22-302 — MD Code / Article gcl / Title 22 / Subtitle 3 / Section 22-302
§22–302.
Status: in_force

(a) The express terms of an agreement and any course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. However, if that construction is unreasonable:

(1) Express terms prevail over course of performance, course of dealing, and usage of trade;

(2) Course of performance prevails over course of dealing and usage of trade; and

(3) Course of dealing prevails over usage of trade.

(b) An applicable usage of trade in the place where any part of performance is to occur must be used in interpreting the agreement as to that part of the performance.

(c) Evidence of a relevant course of performance, course of dealing, or usage of trade offered by one party in a proceeding is not admissible unless and until the party offering the evidence has given the other party notice that the court finds sufficient to prevent unfair surprise.

(d) The existence and scope of a usage of trade must be proved as facts.
Md. Code, Health - General § 22-403 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-403
§22–403.
Status: in_force

(a) At any reasonable time, a representative of the Department may enter any factory, warehouse, or establishment in which a product is manufactured, processed, packaged, or stored and inspect any pertinent equipment, labeling, or finished or unfinished products.

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

(c) (1) During any inspection under this section, the representative of the Department may obtain a sample of any product, package, or labeling.

(2) When obtaining a sample under this section, the representative of the Department 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, Public Utilities § 22-207 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-207
§22–207.
Status: in_force

(a) The Commission may provide by resolution for the issuance of revenue refunding bonds to refund bonds issued under this subtitle.

(b) To the extent applicable, revenue refunding bonds issued under this section shall conform to the requirements of this subtitle.
Md. Code, Land Use § 22-111 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-111
§22–111.
Status: in_force

(a) This section does not authorize the validation, ratification, or legalization of any violation of law or regulation in effect at the time of the action by the district council under this section.

(b) In accordance with its zoning laws, the district council may provide for the grant of power to the Board of Appeals of Prince George’s County on appeal to allow:

(1) an extension of a lawful nonconforming use throughout all or a part of a building in which the nonconforming use lawfully exists;

(2) the restoration or reconstruction of an existing lawful nonconforming use if by fire or other calamity the use has been destroyed to the extent of not more than 75% of the reconstruction value of the building in which the lawful nonconforming use was carried on; or

(3) an extension of an existing lawful nonconforming use on the same lot as the lot existed as a single lot under single ownership when enactment of the zoning law made the then existing use on the lot nonconforming.
Md. Code, Commercial Law § 22-303 — MD Code / Article gcl / Title 22 / Subtitle 3 / Section 22-303
§22–303.
Status: in_force

(a) An agreement modifying a contract subject to this title needs no consideration to be binding.

(b) An authenticated record that precludes modification or rescission except by an authenticated record may not otherwise be modified or rescinded. In a standard form supplied by a merchant to a consumer, a term requiring an authenticated record for modification of the contract is not enforceable unless the consumer manifests assent to the term.

(c) A modification of a contract and the contract as modified must satisfy the requirements of § 22–201(a) of this title and § 22–307(g) of this subtitle if the contract as modified is within those provisions.

(d) An attempt at modification or rescission which does not satisfy subsection (b) or (c) of this section may operate as a waiver if § 22–702 of this title is satisfied.
Md. Code, Land Use § 22-311 — MD Code / Article glu / Title 22 / Subtitle 3 / Section 22-311
§22–311.
Status: in_force

(a) Appeals to the board of appeals may be taken by any person aggrieved by:

(1) the grant or denial of a building permit;

(2) the grant or denial of an occupancy or use permit; or

(3) any other administrative decision based wholly or partly on a zoning law enacted by the district council.

(b) The board may:

(1) hear and decide appeals alleging an error:

(i) in a grant or denial of a building, use, or occupancy permit;

(ii) in an order or a decision made by a building official or by the Commission on an application for a building or other permit; or

(iii) by an administrative officer or body in the administration of any zoning law adopted under this title;

(2) in accordance with regulations adopted by the district council, hear and decide requests for:

(i) special exceptions or map interpretations;

(ii) decisions on permits for extensions, substitutions, restorations, reinstatements, or reconstructions of lawful nonconforming uses; or

(iii) decisions on special questions that the board of appeals is required or authorized by the zoning laws to decide; and

(3) on an appeal relating to a specific piece of property, authorize a variance from strict application of a zoning law or amendment in order to relieve difficulty or hardship if:

(i) strict application of the zoning law or amendment would result in exceptional practical difficulty for, or exceptional or undue hardship on, the owner of the property because of the exceptional shape of the property at the time of the enactment of the zoning law or amendment or because of the exceptional situation or topographical conditions of the property; and

(ii) authorization of the variance will not cause a substantial impairment of the intent, purpose, and integrity of the zone as embodied in the zoning laws.

(c) (1) Nothing in subsection (b)(1) of this section authorizes the board to reverse or modify a denial of a permit or any other order or decision that conforms to this title and the zoning laws adopted under this title.

(2) The board may not make or amend any zoning law.

(d) (1) Before making a decision on an appeal, the board shall hold a hearing.

(2) Notice of the time and place of the hearing shall be mailed at least 7 days before the hearing to the appellant and to the owners of all properties contiguous to or opposite the subject property, measured at right angles to the intervening street or streets from the property.

(e) (1) The board may reverse or affirm, wholly or partly, or modify the decision appealed from.

(2) The decision of the board shall be by resolution and shall include a statement of the findings of fact and conclusions that support the decision.

(3) The resolution, or a copy of it, shall form part of the minutes or other records of the board.
Md. Code, Land Use § 22-206 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-206
§22–206.
Status: in_force

(a) A district council may amend its zoning laws, including any maps:

(1) in accordance with procedures established in its zoning laws; and

(2) after holding an advertised public hearing.

(b) The procedures and zoning laws may include:

(1) procedures limiting the times when amendments may be adopted;

(2) provisions for hearings and preliminary determinations by an examiner, a board, or any other unit;

(3) procedures for quorums, number of votes required to enact amendments, and variations or increases based on factors such as master plans, recommendations of the hearing examiner, county planning board, municipal corporation, governed special taxing district, or other body, and petitions of abutting property owners, and the evidentiary value that may be accorded to any of these factors; and

(4) procedures for hearings, notice, costs, fees, amendment of applications, recordings, reverter, lapse, and reconsideration de novo of undeveloped zoning amendments.

(c) (1) In Prince George’s County, the district council may provide for notice of the public hearing on a proposed amendment to its zoning plan or zoning laws to be given to the owners of properties, as they appear on the assessment rolls of the county, adjoining, across the road from, on the same block as, or in the general vicinity of the property that is the subject of the proposed amendment.

(2) A zoning law adopted under this subsection may require notice to be given by mail or by posting the notice on or in the vicinity of the property involved in the proposed amendment or both.

(d) In Prince George’s County, the zoning hearing examiner shall issue a decision on a zoning matter not more than 100 days after the date of the last hearing held by the hearing examiner.

(e) In a year in which a district council is elected, the district council may not amend a zoning law from November 1 and until the newly elected district council has taken office.
Md. Code, Local Government § 22-108 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-108
§22–108.
Status: in_force

(a) The principal of and interest on bonds, the transfer of bonds, and any income derived from the bonds, including profits made in their sale or transfer, are forever exempt from State and local taxes.

(b) A contract for a resilience infrastructure project may provide that payment shall be made in bonds.

(c) A bond is not subject to the limitations of §§ 19–205 and 19–206 of this article.
Md. Code, Land Use § 22-203 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

A municipal corporation in Prince George’s County shall have concurrent authority in its boundaries with the county department responsible for issuing permits, to seek compliance with zoning requirements to the extent that the requirements pertain to signs.
Md. Code, Insurance § 22-102 — MD Code / Article gin / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: in_force

Premiums for title insurance shall be set out clearly and subject to the approval of the Commissioner.
Md. Code, Transportation § 22-204 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-204
§22–204.
Status: in_force

(a) Except as otherwise provided in this section, after June 1, 1971, every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle that is being drawn at the end of a combination of vehicles, shall be equipped with at least 2 tail lamps mounted on the rear, which, when lighted as required in § 22-201.1 of this subtitle, shall emit a red light plainly visible from a distance of 1,000 feet to the rear.

(b) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle that is being drawn at the end of a combination of vehicles, and that was manufactured or assembled before June 1, 1971, shall have at least 1 tail lamp mounted on the rear which, when lighted as required in § 22-201.1 of this subtitle, shall emit a red light plainly visible from a distance of at least 300 feet to the rear.

(c) On a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified in subsections (a) and (b) of this section.

(d) On vehicles equipped with more than 1 tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.

(e) Every tail lamp on every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches.

(f) Either a tail lamp or a separate lamp shall be constructed and placed to illuminate, with a white light, the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be wired to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

(g) Notwithstanding any provision of this section to the contrary, special mobile equipment that is being drawn at the end of a combination of vehicles is not required to be equipped with tail lamps unless:

(1) The special mobile equipment obstructs the tail lamps, stop lamps, turn signals, or, except for the registration plate lamp, any lamps of the towing vehicle required by law to be visible from the rear; or

(2) The special mobile equipment extends more than 12 feet from the rear of the towing vehicle.
Md. Code, State Personnel and Pensions § 22-301 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-301
§22–301.
Status: in_force

A member of the Employees’ Retirement System or Teachers’ Retirement System is entitled to:

(1) eligibility service as provided in §§ 22-303 through 22-307 of this subtitle; and

(2) creditable service as provided in § 22-308 of this subtitle.
Md. Code, State Government § 22-207 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-207
§22–207.
Status: in_force

(a) Each exclusive representative has the right to communicate with the employees that it represents.

(b) (1) Public employers shall allow an exclusive representative to:

(i) meet with a new employee in a bargaining unit represented by the exclusive representative within the first full pay period of the new employee’s start date; or

(ii) attend and participate in a new employee program that includes one or more employees who are in a bargaining unit represented by the exclusive representative.

(2) The new employee program described in paragraph (1)(ii) of this subsection may be a new employee orientation, training, or other program that the public employer and an exclusive representative negotiate in accordance with 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.

(3) Except as provided in paragraph (5) of this subsection, the exclusive representative shall be allowed at least 30 minutes to meet with the new employee or to collectively address all new employees in attendance during a new employee program.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, a meeting between the new employee and the exclusive representative shall be in person.

(ii) An exclusive representative may choose to meet with a new employee by video or similar technology.

(5) A public employer and an exclusive representative may negotiate a period of time that is more than 30 minutes in accordance with 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.

(6) A public employer:

(i) shall encourage an employee to meet with the exclusive representative or attend the portion of a new employee program designated for an exclusive representative to address new employees; and

(ii) may not require an employee to meet with an exclusive representative or attend the portion of a new employee program designated for an exclusive representative to address new employees if the employee objects to attending.

(c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a public employer shall provide the exclusive representative at least 10 days’ notice of the start date of a new employee in a bargaining unit represented by the exclusive representative.

(2) A public employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the employer that was not reasonably foreseeable.

(3) The notice required under paragraph (1) of this subsection shall:

(i) be provided electronically to the local president or exclusive representative designee within 5 days of the start of any check–in event the employer obligates the employee to attend;

(ii) except as provided in item (iii) of this paragraph, include the new employee’s name, unit, and all employee identification numbers, including Workday numbers;

(iii) exclude the new employee’s Social Security number; and

(iv) be considered confidential by an exclusive representative.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, an exclusive representative may not disclose the information in a notice.

(ii) The exclusive representative may authorize a third–party contractor to use the information in a notice, as directed by the exclusive representative, to fulfill the exclusive representative’s statutory duties.
Md. Code, Commercial Law § 22-404 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-404
§22–404.
Status: in_force

(a) Unless the warranty is disclaimed or modified, a merchant that, in a special relationship of reliance with a licensee, collects, compiles, processes, provides, or transmits informational content warrants to that licensee that there is no inaccuracy in the informational content caused by the merchant’s failure to perform with reasonable care.

(b) A warranty does not arise under subsection (a) of this section with respect to:

(1) Published informational content; or

(2) A person that acts as a conduit or provides no more than editorial services in collecting, compiling, distributing, processing, providing, or transmitting informational content that under the circumstances can be identified as that of a third person.

(c) The warranty under this section is not subject to the preclusion in § 22-113(a)(1) of this title on disclaiming obligations of diligence, reasonableness, or care.
Md. Code, Transportation § 22-404.1 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-404.1
§22–404.
Status: in_force

§22–404.1.

(a) A person may not display on a motor vehicle the insignia or emblem of any motor vehicle club or similar organization, or of a fire company, unless he is entitled to use the same under the constitution, bylaws, rules, or regulations of the club or organization.

(b) A person may not display on a motor vehicle any sign that, in the judgment of the Administration, may tend to create a hazard to safety.
Md. Code, State Personnel and Pensions § 22-406.1 — MD Code / Article gsp / Title 22 / Subtitle 4 / Section 22-406.1
§22–406.
Status: in_force

§22–406.1.

(a) Notwithstanding § 22-406 of this subtitle and Chapter 703 of the Acts of 1994, if a retiree of the Employees’ Retirement System who had an average final compensation of less than $10,000, retired from an elected position as an official of a participating governmental unit, retired with a service retirement allowance before July 1, 1994, has been reemployed in a permanent position as a State employee and would otherwise have been entitled to be restored to membership in the Employees’ Retirement System except for the enactment of Chapter 703, the Board of Trustees shall, at the option of the retiree:

(1) restore the membership of the reemployed retiree;

(2) stop retirement allowance payments after the last day of the month that membership is restored;

(3) restore previous creditable service and eligibility service to the account of the member; and

(4) on payment of the amounts required under subsection (b) of this section, credit the member with creditable service and eligibility service performed beginning the date of reemployment.

(b) On restoration of membership, the member shall reimburse the employees’ retirement system for the retirement allowance payments made from the date of reemployment and shall pay the amount of member contributions the member would have made from the date of reemployment plus regular interest to the date of payment.

(c) If the member later retires or dies while employed by a participating employer, the Board of Trustees shall reduce the member’s annuity reserve and pension reserve by the amount of payments made to the member during the member’s earlier retirement less any amount that the member reimbursed the Employees’ Retirement System for those payments.
Md. Code, Transportation § 22-201 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-201
§22–201.
Status: in_force

In this subtitle, “service vehicles” means any of the following vehicles that are designated by the Administration as service vehicles:

(1) Vehicles of federal, State, or local agencies;

(2) Vehicles of public service companies; and

(3) Vehicles of persons performing governmental functions under a contract with any federal, State, or local government.
Md. Code, Commercial Law § 22-211 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-211
§22–211.
Status: in_force

This section applies to a licensor that makes its computer information available to a licensee by electronic means from its Internet or similar electronic site. In such a case, the licensor affords an opportunity to review the terms of a standard form license which opportunity satisfies § 22-112(e) of this title with respect to a licensee that acquires the information from that site, if the licensor:

(1) Makes the standard terms of the license readily available for review by the licensee before the information is delivered or the licensee becomes obligated to pay, whichever occurs first, by:

(A) Displaying prominently and in close proximity to a description of the computer information, or to instructions or steps for acquiring it, the standard terms or a reference to an electronic location from which they can be readily obtained; or

(B) Disclosing the availability of the standard terms in a prominent place on the site from which the computer information is offered and promptly furnishing a copy of the standard terms on request before the transfer of the computer information; and

(2) Does not take affirmative acts to prevent printing or storage of the standard terms for archival or review purposes by the licensee.