Md. Code, Public Utilities § 22-113 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-113
§22–113.
Status: in_force

(a) (1) Subject to written approval of the county executives and county councils of Montgomery County and Prince George’s County, the Commission, on behalf of the sanitary district, may:

(i) borrow money for any purpose for which bonds of the Commission are to be issued; and

(ii) issue negotiable bond anticipation notes of the Commission for any money borrowed in anticipation of the issuance of the bonds or of other revenues for capital expenditures.

(2) The aggregate amount of all bond anticipation notes outstanding under this section at any one time may not exceed $85,000,000.

(3) The aggregate amount of bond anticipation notes issued under this section in anticipation of the issuance of bonds that are subject to the 7% limitation under § 22–103(a) of this subtitle, together with the aggregate amount of bonds then outstanding that are subject to the limitation, may not exceed the 7% limitation.

(b) (1) Except as otherwise provided for emergent purposes under subsection (d) of this section, bond anticipation notes, including any renewals under item (ii) of this paragraph:

(i) shall mature within 5 years from the date the notes are first issued; or

(ii) if issued for a period of less than 5 years, may be renewed for successive periods not to exceed 1 year each.

(2) The notes shall be payable within 5 years after the date of the first issue.

(c) The notes shall:

(1) be issued in denominations determined by the Commission;

(2) bear interest as provided in § 22–102(d) of this subtitle;

(3) be payable at or before maturity; and

(4) be in the form and executed in the manner that the Commission determines.

(d) (1) (i) Except as provided in paragraph (2) of this subsection, bond anticipation notes shall be sold at public sale.

(ii) Renewal notes may be exchanged for outstanding notes on terms that the Commission determines.

(2) Subject to paragraph (3) of this subsection, the Commission may sell the notes at a negotiated sale if:

(i) the Commission determines that, for economic, engineering, or financial administration purposes, the requirements for the funds require the sale of the notes at an immediate or earlier time than is possible through the procedures of a public sale; and

(ii) the amount of bond anticipation notes sold at negotiated sale, issued or outstanding at any one time, does not exceed $10,000,000.

(3) Before concluding a negotiated sale, the Commission shall negotiate with at least two recognized banking institutions that purchase bond anticipation notes and obtain the terms most favorable in the Commission’s interest.

(4) Bond anticipation notes sold at a negotiated sale:

(i) shall mature within a period not exceeding 180 days; and

(ii) may be renewed not more than one time for an additional period not to exceed 180 days.

(e) (1) Except as provided in paragraph (2) of this subsection, bond anticipation notes shall be paid from the proceeds of the bonds in anticipation of which they are issued.

(2) (i) The Commission may retire the notes from funds available for the payment of the bonds authorized by the Commission.

(ii) The amount of the bonds authorized shall be reduced by the amount of the retired notes.

(f) (1) Bond anticipation notes issued under this section are general obligations of the Commission.

(2) The full faith, credit, and taxing power of the Commission shall be pledged for the repayment of the notes.

(g) (1) Montgomery County and Prince George’s County shall guarantee the bond anticipation notes as to payment of principal and interest substantially in the manner and form and with the effect provided for the guarantee of the construction bonds of the Commission issued under § 22–102(a)(1) of this subtitle.

(2) The Commission may waive the required guarantee.

(h) Bond anticipation notes issued under this section, including the interest on the notes, are forever exempt from taxation by the State and counties and municipalities in the State.

(i) The powers and authority granted under this section are in addition and supplemental to the powers and authority granted under any other law and shall be liberally construed to effectuate the purposes of this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-1702 — MD Code / Article gab / Title 22 / Subtitle 17 / Section 22-1702
§22–1702.
Status: in_force

(a) On receipt of an application for a transfer of a license, the Board shall:

(1) schedule a public hearing; and

(2) post a notice of the hearing in a conspicuous place on the exterior of the premises described in the application.

(b) The notice required under subsection (a) of this section shall:

(1) be on a sign measuring not less than 12 by 18 inches;

(2) specify the class of license subject to the application, name of the applicant, and time, date, and place of the hearing; and

(3) remain posted for at least 20 days before the hearing.
Md. Code, Alcoholic Beverages and Cannabis § 22-2802 — MD Code / Article gab / Title 22 / Subtitle 28 / Section 22-2802
§22–2802.
Status: in_force

(a) A person who violates this article is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both unless another penalty is specified.

(b) (1) After a person is convicted for the illegal sale, offer of sale, or possession of alcoholic beverages, the Sheriff or other law enforcement officer in the county shall seize the alcoholic beverages and deliver them to the Board.

(2) The Board shall sell the alcoholic beverages and pay the proceeds to the County Treasurer.
Md. Code, Transportation § 22-601 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-601
§22–601.
Status: in_force

(a) With the endorsement of the Secretary of Transportation and the Secretary of the Environment and after a public hearing following 60 days’ notice, the Administrator shall adopt regulations that establish maximum sound level limits for the operation on the highways in this State of each type of motor vehicle or combination of vehicles.

(b) In establishing limits under this section, the Administrator shall:

(1) Consider any noise emission regulations established under federal law for motor carriers engaged in interstate commerce; and

(2) Set the limits at the most restrictive level that, through the application of the best available technology at a reasonable cost, is consistent with attaining the environmental noise standards adopted by the Department of the Environment.
Md. Code, Land Use § 22-112 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-112
§22–112.
Status: in_force

(a) This section applies to any official or body authorized to issue a license or permit.

(b) (1) In this subsection, “residential zone” means any area in the regional district that is designated on a zoning map as residential.

(2) Except as provided in paragraph (3) of this subsection, an official or body may not issue a license or permit for a commercial or industrial purpose or to conduct any commercial or industrial enterprise or business in a residential zone.

(3) Paragraph (2) of this subsection does not apply if the purpose, enterprise, or business is allowed by an applicable zoning law under allowed uses or special exceptions granted by a board of appeals.
Md. Code, Alcoholic Beverages and Cannabis § 22-1405 — MD Code / Article gab / Title 22 / Subtitle 14 / Section 22-1405
§22–1405.
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, a license for the use of a corporation, an unincorporated entity, or a limited liability company shall be applied for by and issued to, as individuals:

(i) three officers holding a financial interest in the corporation; or

(ii) three authorized persons holding a financial interest in the limited liability company.

(2) One of the three individual applicants who apply for a license shall be a resident of the county.

(3) The license shall be in effect so long as the resident applicant remains a resident of the county.

(4) For a license issued after July 1, 1984, the resident applicant:

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

2. for any type of license other than one specified in item 1 or 3 of this item, shall own at least 10% of the total corporation, unincorporated entity, or limited liability company; or

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

(ii) shall serve as manager or supervisor; and

(iii) shall be physically present on the premises for a substantial amount of time on a daily basis.

(5) An application for a license shall:

(i) state the name and address of:

1. the corporation or unincorporated entity and each officer who holds a financial interest in the corporation or unincorporated entity; or

2. the limited liability company and each authorized person who holds a financial interest in the limited liability company; and

(ii) be signed by:

1. the president or vice president of a corporation or an unincorporated entity and the three officers to whom the license is issued; or

2. the three authorized persons of a limited liability company to whom the license is issued.

(6) If there are fewer than three officers or directors of a corporation or an unincorporated entity or fewer than three authorized persons of a limited liability company, each officer, director, or authorized person holding a financial interest in the corporation, unincorporated entity, or limited liability company shall apply for the license.

(7) If a close corporation does not have officers or directors, one or more resident stockholders who own more than 50% of the stock together may apply for the license.

(b) (1) In this section, “owner”:

(i) means a person who has a real, provable financial interest in the business; and

(ii) includes a stockholder or managerial employee of the actual owner.

(2) Stock ownership requirements established under subsection (a) of this section do not apply to an applicant for a Class B hotel or restaurant beer, wine, and liquor license or a Class BNR beer, wine, and liquor license in which:

(i) a majority of the stock is owned or controlled either directly or indirectly by one or more corporations and is authorized for sale by the United States Securities and Exchange Commission;

(ii) at least one license holder is a resident applicant of the business conducted on the licensed premises who is responsible for the day–to–day operation of the business; and

(iii) each license holder is a named officer of the corporation.

(3) The residency requirements established under subsection (a) of this section remain in effect for a Class B hotel or restaurant beer, wine, and liquor license or a Class BNR beer, wine, and liquor license for as long as the license is in effect.

(c) (1) A Class ALP (assisted living program) beer, wine, and liquor license shall be applied for by and issued to the manager of the assisted living program.

(2) The pecuniary interest requirements established under subsection (a) of this section, including stock ownership and limited liability company membership interests, do not apply to an applicant for a Class ALP (assisted living program) beer, wine, and liquor license.
Md. Code, Transportation § 22-106 — MD Code / Article gtr / Title 22 / Subtitle 1 / Section 22-106
§22–106.
Status: in_force

(a) In this title, “police officer” means:

(1) Any uniformed police officer; or

(2) Any civilian employee of the Department of State Police or of the Maryland Transportation Authority Police Force assigned to enforce this title or any rule or regulation adopted under this title, but only while acting under written authorization of the Secretary of State Police.

(b) (1) Subject to the provisions of paragraph (2) of this subsection, any police officer shall have the authority to enforce this title and any rule or regulation adopted under it.

(2) A civilian employee of the Maryland Transportation Authority Police Force shall have the authority stated in paragraph (1) of this subsection only if the individual is:

(i) Acting under the immediate direction and control of a uniformed police officer; and

(ii) Certified by the Department of State Police to enforce this title and any rule or regulation adopted under it.
Md. Code, Transportation § 22-612 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-612
§22–612.
Status: in_force

§22–612. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 712 OF 2025 //

(a) This section applies only in Montgomery County and Prince George’s County.

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

(2) “Agency” means a county law enforcement agency that is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations.

(3) “Noise abatement monitoring system” means a mobile or fixed vehicle sensor that works in conjunction with a noise measuring device, such as a decibel reader, that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of a motor vehicle at the time the motor vehicle is operated during the commission of a violation.

(4) “Noise abatement monitoring system operator” means a representative of an agency or a contractor that operates a noise abatement monitoring system.

(5) “Noise measuring device” means an electronic device that:

(i) Uses automated equipment that activates when the sound level exceeds the maximum sound level limits established under § 22–601 of this subtitle by at least 5 decibels;

(ii) Records audio when activated;

(iii) Records decibel levels when activated; and

(iv) Allows a noise abatement monitoring system operator to manually review recorded audio to ensure a violation has occurred.

(6) (i) “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.

(ii) “Owner” does not include:

1. A motor vehicle rental or leasing company; or

2. A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.

(7) “Recorded image” means an image recorded by a noise abatement monitoring system:

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other medium; and

(ii) Showing:

1. The rear of a motor vehicle;

2. The decibel level recorded for the motor vehicle at the time of recordation; and

3. On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

(8) “Violation” means a violation of § 22–602 of this subtitle by at least 5 decibels.

(c) (1) (i) A county may use not more than three noise abatement monitoring systems under this section if the use is authorized by the county governing body by local law enacted after reasonable notice and a public hearing.

(ii) A county may deploy a noise abatement monitoring system at multiple locations at different times.

(iii) Before activating a noise abatement monitoring system, the county shall:

1. Publish notice of the location of the noise abatement monitoring system on its website; and

2. Ensure that each noise abatement monitoring system is proximate to a sign that:

A. Indicates that noise abatement monitoring systems are in use in the area; and

B. Is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article.

(iv) 1. A county that authorizes a program of noise abatement monitoring systems shall designate an official or employee to investigate and respond to questions or concerns about the county’s noise abatement monitoring system program.

2. A. The local designee shall review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability under this section.

B. If the local designee determines that the warning notice or citation is an erroneous violation, the local designee shall void the warning notice or citation.

C. If the local designee determines that a person did not receive notice of a warning notice or citation issued under this section due to an administrative error, the local designee may resend the warning notice or citation in accordance with subsection (e) of this section or void the warning notice or citation.

D. A local designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (h) of this section.

E. A local designee may not determine that a warning notice or citation is an erroneous violation based solely on the dismissal of the warning notice or citation by a court.

F. A local designee may waive a warning notice or citation if the person alleged to be liable under this section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations.

3. A local designee may not be employed by a noise abatement monitoring system contractor or have been involved in any review of a noise abatement monitoring system warning notice or citation, other than review of a warning notice or citation under this subparagraph.

4. On receipt of a written question or concern from a person, the local designee shall provide a written answer or response to the person within a reasonable time.

5. A local jurisdiction shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.

(v) If a county moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the county may not issue a citation for a violation recorded by that noise abatement monitoring system:

1. Until signage is installed in accordance with subparagraph (iii)2 of this paragraph; and

2. For at least the first 15 calendar days after the signage is installed.

(2) (i) A noise abatement monitoring system operator shall complete training by the manufacturer of the noise abatement monitoring system in the procedures for setting up and operating the noise abatement monitoring system.

(ii) The manufacturer shall issue a signed certificate to the noise abatement monitoring system operator on completion of the training.

(iii) The certificate of training shall be admitted as evidence in any court proceeding for a violation.

(3) A noise abatement monitoring system operator shall fill out and sign a daily set–up log for a noise abatement monitoring system that:

(i) States that the noise abatement monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the noise abatement monitoring system before producing a recorded image;

(ii) States the date and time when, and the location where, the noise abatement monitoring system was set up each day;

(iii) Shall be kept on file; and

(iv) Shall be admitted as evidence in any court proceeding for a violation.

(4) (i) A noise abatement monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is:

1. Selected by the county; and

2. Unaffiliated with the manufacturer of the noise abatement monitoring system.

(ii) The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that shall be:

1. Kept on file; and

2. Admitted as evidence in any court proceeding for a violation.

(5) A county that establishes a noise abatement monitoring system program shall bear the cost of implementing the program.

(d) (1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a noise abatement monitoring system while being operated during the commission of a violation.

(2) (i) A person liable for a violation enforced by a noise abatement monitoring system is subject to:

1. For a first offense, a warning notice; and

2. For a second or subsequent offense, a civil penalty not exceeding $75.

(ii) A county may not issue a citation applicable to a motor vehicle during the first 30 days after a warning for a first offense applicable to the motor vehicle is mailed under subparagraph (i)1 of this paragraph.

(3) For purposes of this section, the District Court shall prescribe:

(i) A uniform citation form consistent with subsection (e)(1) of this section and § 7–302 of the Courts Article; and

(ii) A civil penalty, which shall be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in District Court.

(4) A person may not be issued more than one citation by a county per day for a violation enforced by a noise abatement monitoring system.

(e) (1) Subject to paragraphs (2) through (4) of this subsection, an agency shall mail to an owner liable under subsection (d) of this section a warning notice or citation that shall include:

(i) The name and address of the registered owner of the motor vehicle;

(ii) The registration number of the motor vehicle involved in the violation;

(iii) The violation charged;

(iv) The location where the violation occurred;

(v) The location of the noise abatement monitoring system;

(vi) The date and time of the violation;

(vii) The recorded decibel level;

(viii) A copy of the recorded image;

(ix) The amount of the civil penalty imposed and the date by which the civil penalty should be paid, if applicable;

(x) A signed statement by a duly authorized law enforcement officer employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated during the commission of a violation;

(xi) A statement that recorded images are evidence of a violation;

(xii) Information advising the person alleged to be liable under this section to make any necessary alterations to the motor vehicle to avoid future violations;

(xiii) Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(xiv) Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner, if applicable:

1. Is an admission of liability;

2. May result in the refusal by the Administration to register the motor vehicle; and

3. May result in the suspension of the motor vehicle registration.

(2) An agency may mail a warning notice instead of a citation to the owner liable under subsection (d) of this section.

(3) An agency may not mail a citation to a person who is not an owner.

(4) Except as provided in subsection (c)(1)(iv)2C of this section, a citation issued under this section shall be mailed not later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state.

(5) A person who receives a citation under paragraph (1) of this subsection may:

(i) Pay the civil penalty, in accordance with instructions on the citation, directly to the county; or

(ii) Elect to stand trial in the District Court for the alleged violation.

(f) (1) A certificate alleging that the violation occurred and the requirements under subsection (c) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer employed by or under contract with an agency, based on inspection of recorded images produced by a noise abatement monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation without the presence or testimony of the noise abatement monitoring system operator who performed the requirements under subsection (c) of this section.

(2) If a person who received a citation under subsection (e) of this section desires the noise abatement monitoring system operator to be present and testify at trial, the person shall notify the court and the agency in writing not later than 20 days before trial.

(3) Adjudication of liability shall be based on a preponderance of evidence.

(g) (1) The District Court may consider in defense of a violation:

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

(ii) That the noise abatement monitoring system was malfunctioning at the time of the violation; or

(iii) Any other issues and evidence that the District Court deems pertinent.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.

(h) If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.

(i) A violation for which a civil penalty is imposed under this section:

(1) Is not a moving violation for the purpose of assessing points under § 16–402 of this article;

(2) May not be recorded by the Administration on the driving record of the owner of the vehicle;

(3) May be treated as a parking violation for the purposes of § 26–305 of this article; and

(4) May not be considered in the provision of motor vehicle insurance coverage.

(j) (1) In consultation with the appropriate county agencies, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section.

(2) The standards and requirements for the use, processing, and disposal of recorded images and associated data established under § 12–113.1 of this article apply to citations issued under this section.

(k) (1) An agency or an agent or contractor designated by the agency shall administer and process civil citations issued under this section in coordination with the District Court.

(2) If a contractor in any manner operates a noise abatement monitoring system or administers or processes warning notices or citations generated by a noise abatement monitoring system on behalf of a county, the contractor’s fee may not be contingent on a per–ticket basis on the number of warning notices or citations issued or paid.
Md. Code, Transportation § 22-408 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-408
§22–408.
Status: in_force

(a) Whenever any truck, passenger bus, truck tractor, trailer, semitrailer, or pole trailer, or any motor vehicle towing a mobile home is disabled on the roadway or shoulder of any highway outside of any municipal corporation at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices on the highway during the time the vehicle is so disabled on the highway, except as provided in subsection (b), (c) or (e) of this section:

(1) A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic; and

(2) As soon thereafter as possible, but in any event within 15 minutes or before any fusee used for this purpose burns out, whichever occurs first, the driver shall place three liquid-burning flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the roadway of the highway in the following order:

(i) One, approximately 100 feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;

(ii) One, approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle; and

(iii) One, at the traffic side of the disabled vehicle not less than 10 feet rearward or forward of it in the direction of the nearest approaching traffic, except that, if a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph (1) of this subsection, it may be used for this purpose.

(b) Whenever any vehicle of a type referred to in this section is disabled within 500 feet of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be placed to afford ample warning to other users of the highway, but in no case less than 100 feet or more than 500 feet from the disabled vehicle.

(c) Whenever any vehicle of a type referred to in this section is disabled on any roadway of a divided highway during the time lights are required, the appropriate warning devices prescribed in subsections (a) and (e) of this section shall be placed as follows:

(1) One at a distance of approximately 200 feet from the vehicle, in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;

(2) One at a distance of approximately 100 feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and

(3) One at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic.

(d) Whenever any vehicle of a type referred to in this section is disabled on the roadway or shoulder of any highway outside of any municipal corporation at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags on the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately 100 feet in advance of the vehicle and one at a distance of approximately 100 feet to the rear of the vehicle.

(e) (1) Whenever any motor vehicle used to carry explosives or any cargo tank truck used to carry any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled on a highway in this State at any time or place mentioned in subsection (a) of this section, the driver of the vehicle shall immediately display the following warning devices:

(i) One red electric lantern or portable red emergency reflector, placed on the roadway at the traffic side of the vehicle; and

(ii) Two red electric lanterns or portable red reflectors, one placed approximately 100 feet to the front and one placed approximately 100 feet to the rear of this disabled vehicle, in the center of the traffic lane occupied by the vehicle.

(2) Flares, fusees, or signals produced by flame may not be used as warning devices for disabled vehicles of the type mentioned in this subsection.

(f) The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of § 22-407 of this subtitle applicable to them.
Md. Code, Commercial Law § 22-504 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-504
§22–504.
Status: in_force

(a) A transfer of “the contract” or of “all my rights under the contract”, or a transfer in similar general terms, is a transfer of all contractual interests under the contract. Whether the transfer is effective is determined by §§ 22-503 and 22-508(a)(1)(B) of this subtitle.

(b) The following rules apply to a transfer of a party’s contractual interests:

(1) The transferee is subject to all contractual use terms.

(2) Unless the language or circumstances otherwise indicate, as in a transfer as security, the transfer delegates the duties of the transferor and transfers its rights.

(3) Acceptance of the transfer is a promise by the transferee to perform the delegated duties. The promise is enforceable by the transferor and any other party to the original contract.

(4) The transfer does not relieve the transferor of any duty to perform, or of liability for breach of contract, unless the other party to the original contract agrees that the transfer has that effect.

(c) A party to the original contract, other than the transferor, may treat a transfer that conveys a right or duty of performance without its consent as creating reasonable grounds for insecurity and, without prejudice to the party’s rights against the transferor, may demand assurances from the transferee under § 22-708 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 22-2001 — MD Code / Article gab / Title 22 / Subtitle 20 / Section 22-2001
§22–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Transportation § 22-419 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-419
§22–419.
Status: in_force

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

(2) (i) “Airbag” means a motor vehicle inflatable occupant–restraint system that:

1. Operates in the event of a crash; and

2. Is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.

(ii) “Airbag” includes the cover, sensors, controllers, inflators, wiring, cushion material, and any other component part of an airbag.

(3) “Counterfeit airbag” means a replacement airbag displaying an unauthorized mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the motor vehicle manufacturer.

(4) “Nonfunctional airbag” means:

(i) A replacement airbag that:

1. Has been previously deployed or damaged; or

2. Has an electrical fault that is detected by the vehicle diagnostic system after the installation procedure is completed; or

(ii) An object, including a counterfeit airbag, intended to deceive a vehicle owner or operator into believing that the object is a functional airbag.

(b) A person may not knowingly:

(1) Import, manufacture, distribute, sell, or offer for sale a counterfeit airbag or a nonfunctional airbag;

(2) Install or reinstall a counterfeit airbag or a nonfunctional airbag in a motor vehicle;

(3) Sell, offer for sale, install, or reinstall a device in a vehicle that causes the vehicle’s diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag when a counterfeit airbag, nonfunctional airbag, or no airbag is installed;

(4) Represent to another person that a counterfeit airbag or a nonfunctional airbag that is or will be installed in a motor vehicle is a functional airbag; or

(5) Assist in or cause a violation of this subsection.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Md. Code, Alcoholic Beverages and Cannabis § 22-801 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-801
§22–801.
Status: in_force

The wine that may be sold under a beer and wine license may not contain more than 23% of alcohol by volume.
Md. Code, Local Government § 22-107 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-107
§22–107.
Status: in_force

(a) For each issue of its bonds, a Resilience Authority shall adopt a resolution that:

(1) specifies and describes the resilience infrastructure;

(2) generally describes the public purpose to be served and the financing transaction;

(3) specifies the maximum principal amount of the bonds that may be issued; and

(4) imposes terms or conditions on the issuance and sale of bonds it considers appropriate.

(b) A Resilience Authority, by resolution, may:

(1) specify, determine, prescribe, and approve matters, documents, and procedures that relate to the authorization, sale, security, issuance, delivery, and payment of and for the bonds;

(2) create security for the bonds;

(3) provide for the administration of bond issues through trust or other agreements with a bank or trust company that cover a countersignature on a bond, the delivery of a bond, or the security for a bond; and

(4) take other action it considers appropriate concerning the bonds.
Md. Code, State Government § 22-501 — MD Code / Article gsg / Title 22 / Subtitle 5 / Section 22-501
§22–501.
Status: in_force

Representatives of public employers and exclusive representatives shall meet at reasonable times and engage in collective bargaining in good faith and to conclude a written memorandum of understanding or other negotiated agreement 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.
Md. Code, Commercial Law § 22-301 — MD Code / Article gcl / Title 22 / Subtitle 3 / Section 22-301
§22–301.
Status: in_force

Terms with respect to which confirmatory records of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to terms included therein may not be contradicted by evidence of any previous agreement or of a contemporaneous oral agreement but may be explained or supplemented by:

(1) Course of performance, course of dealing, or usage of trade; and

(2) Evidence of consistent additional terms, unless the court finds the record to have been intended as a complete and exclusive statement of the terms of the agreement.
Md. Code, Commercial Law § 22-804 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-804
§22–804.
Status: in_force

(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of:

(1) The loss anticipated at the time of contracting;

(2) The actual loss; or

(3) The actual or anticipated difficulties of proving loss in the event of breach.

(b) If a term liquidating damages is unenforceable under this subsection, the aggrieved party may pursue the remedies provided in this title, except as limited by other terms of the contract.

(c) If a party justifiably withholds delivery of copies because of the other party’s breach of contract, the party in breach is entitled to restitution for any amount by which the sum of the payments it made for the copies exceeds the amount of the liquidated damages payable to the aggrieved party in accordance with subsection (a) of this section. The right to restitution is subject to offset to the extent that the aggrieved party establishes:

(1) A right to recover damages other than under subsection (a) of this section; and

(2) The amount or value of any benefits received by the party in breach, directly or indirectly, by reason of the contract.

(d) A term that does not liquidate damages, but that limits damages available to the aggrieved party, must be evaluated under § 22-803 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 22-1803 — MD Code / Article gab / Title 22 / Subtitle 18 / Section 22-1803
§22–1803.
Status: in_force

An application for a license renewal shall be in the form the Board adopts by regulation.
Md. Code, State Government § 22-103 — MD Code / Article gsg / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

Decisions of the federal National Labor Relations Board may be afforded persuasive weight in any interpretation of this title.
Md. Code, Alcoholic Beverages and Cannabis § 22-401 — MD Code / Article gab / Title 22 / Subtitle 4 / Section 22-401
§22–401.
Status: in_force

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–208 (“Class 6 pub–brewery license”);

(8) § 2–209 (“Class 7 micro–brewery license”);

(9) § 2–210 (“Class 8 farm brewery license”);

(10) § 2–211 (“Residency requirement”);

(11) § 2–212 (“Additional licenses”);

(12) § 2–213 (“Additional fees”);

(13) § 2–214 (“Sale or delivery restricted”);

(14) § 2–215 (“Beer sale on credit to retail dealer prohibited”);

(15) § 2–216 (“Interaction between manufacturing entities and retailers”);

(16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–207 (“Class 5 brewery license”) of Division I of this article applies in the county, subject to § 22–403 of this subtitle.
Md. Code, Land Use § 22-406 — MD Code / Article glu / Title 22 / Subtitle 4 / Section 22-406
§22–406.
Status: in_force

This part applies only in Prince George’s County.
Md. Code, State Government § 22-402 — MD Code / Article gsg / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

(a) A petition for the election of an exclusive representative of a bargaining unit may be filed with the Board by:

(1) an employee organization seeking certification as an exclusive representative; or

(2) an employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative.

(b) A petition shall:

(1) contain the information the Board requires; and

(2) be accompanied by showing of interest forms from 30% of the employees in the appropriate unit indicating their desire to be exclusively represented by the exclusive representative named in the petition for the purpose of collective bargaining.

(c) If the Board determines that a required showing of interest is not adequate, the Board:

(1) shall allow at a minimum an additional 30 days for the petitioner to submit additional showing of interest forms after the petitioner is notified of the determination; and

(2) may, for good cause, provide additional time to the petitioner to provide additional forms.

(d) If a petition is supported by more than 50% of the public employees in the bargaining unit, the public employer shall immediately recognize the employee organization as the exclusive representative and afford to the exclusive representative and its members all rights due under this title.

(e) (1) A petition filed under subsection (a) of this section shall include showing of interest forms provided to the Board from an employee organization.

(2) The Board shall accept a showing of interest form whether or not the signatures on the form are electronic or handwritten.

(3) (i) For an election that is conducted to determine whether an exclusive representative should represent a unit, a showing of interest form is valid if the signatures were collected within the 18–month period immediately preceding the date on which a petition for the election is filed.

(ii) For an election that is conducted to determine whether an exclusive representative should no longer represent a unit, a showing of interest form is valid if the signatures were collected within the 9–month period immediately preceding the date on which the petition for election is filed.

(4) A showing of interest form may be used by a public employee for each public employer that employs the public employee.

(f) (1) Subject to paragraph (2) of this subsection, a public employer shall provide to the Board and the employee organization an alphabetical list of public employees in each bargaining unit within 2 days after a petition for an election is filed.

(2) The list required to be provided under paragraph (1) of this subsection shall:

(i) include for each public employee on the payroll for the last pay period before a petition for election is filed, the public employee’s:

1. name;

2. position classification;

3. home and work site addresses where the employee receives interoffice or United States mail;

4. home and work site telephone numbers;

5. personal cell phone number; and

6. work e–mail address; and

(ii) identify each public employee that should be excluded as an eligible voter with a statement explaining the reason for the exclusion.

(3) A public employer may not challenge the eligibility of a public employee’s vote in an election if the employer fails to explain as required under paragraph (2) of this subsection the reason for excluding a public employee under this subsection.

(4) On application by a public employer or an employee organization, the Board may determine that a public employer shall be designated as a joint public employer of a public employee within a bargaining unit under this subtitle when the designation would best effectuate the purposes of this title.
Md. Code, Health - General § 22-309 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-309
§22–309.
Status: in_force

(a) (1) As soon as practicable after a hearing on a protest against a rule or regulation under § 22-308 of this subtitle, the Secretary shall:

(i) Act on the protest by issuing an order; and

(ii) Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

(2) Each order issued under this section shall be based on substantial evidence in the record of the hearing.

(b) An order issued by the Secretary under this section may:

(1) Reinstate, rescind, or modify a State adopted federal regulation as a rule or regulation of this State; or

(2) As to any other rule or regulation proposed under this subtitle:

(i) Withdraw the proposal;

(ii) Modify the proposal and set an effective date for the modified proposal that is at least 60 days after publication of the order; or

(iii) Set a new effective date for the original proposal that is at least 60 days after publication of the order.
Md. Code, Transportation § 22-609 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-609
§22–609.
Status: in_force

(a) A person may not modify the exhaust system or any other noise abatement device of a motor vehicle driven or to be driven on any highway in this State in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

(b) A person may not drive on any highway in this State a motor vehicle with an exhaust system or noise abatement device modified in a way prohibited by subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-501 — MD Code / Article gab / Title 22 / Subtitle 5 / Section 22-501
§22–501.
Status: in_force

Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Commercial Law § 22-704 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-704
§22–704.
Status: in_force

(a) Subject to subsection (b) of this section and § 22-705 of this subtitle, tender of a copy that is a material breach of contract permits the party to which tender is made to:

(1) Refuse the tender;

(2) Accept the tender; or

(3) Accept any commercially reasonable units and refuse the rest.

(b) In a mass-market transaction that calls for only a single tender of a copy, a licensee may refuse the tender if the tender does not conform to the contract.

(c) Refusal of a tender is ineffective unless:

(1) It is made before acceptance;

(2) It is made within a reasonable time after tender or completion of any permitted effort to cure; and

(3) The refusing party seasonably notifies the tendering party of the refusal.

(d) Except in a case governed by subsection (b) of this section, a party that rightfully refuses tender of a copy may cancel the contract only if the tender was a material breach of the whole contract or the agreement so provides.
Md. Code, State Government § 22-209 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) An employee organization is entitled to membership dues deduction, on presentation by the employee organization of:

(1) dues deduction authorization cards;

(2) electronic membership application; or

(3) other method by which an employee has manifested assent for membership dues deduction.

(b) (1) A public employer shall commence making dues deductions as soon as practicable, but not later than 30 days after receiving the proof presented under subsection (a) of this section.

(2) A public employer shall transmit membership dues to the employee organization within 30 days after the deductions are made.

(3) A public employer shall accept an authorization to deduct from the salary of a public employee an amount for the payment of dues in any format authorized under § 21–106 of the Commercial Law Article.

(c) This section may not be construed to require an employee to become a member of an employee organization.

(d) (1) The right of an employee organization to membership dues deduction shall remain in full force and effect until:

(i) an employee revokes membership in accordance with a collective bargaining agreement or the membership application;

(ii) the employee cancels membership dues deduction under § 2–403 of the State Personnel and Pensions Article; or

(iii) subject to paragraph (2) of this subsection, the employee is no longer employed by the public employer.

(2) If within a period of 1 year, the employee is employed by the same public employer in a position represented by the same exclusive representative, the right to membership dues deduction shall be automatically reinstated.

(e) If the employee who has consented to dues deduction is either removed from a public employer’s payroll or otherwise placed on an involuntary or voluntary leave of absence, whether paid or unpaid, the public employee’s membership dues deduction authorization shall:

(1) remain effective; and

(2) be continued on the public employee’s return to the payroll or restoration to active employment from a leave of absence.

(f) If an authorization for a public employer to make membership dues deduction was in effect on June 30, 2023:

(1) the right of the employee organization to membership dues deduction shall continue unless the right is terminated under subsection (d) of this section; and

(2) the employee organization may not be required to present new authorization under subsection (a) of this section.
Md. Code, Transportation § 22-404 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-404
§22–404.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a person may not drive any motor vehicle with any sign, poster, card, sticker, or other nontransparent material on the front windshield, sidewings, or side or rear windows of the vehicle other than a certificate or other paper either required to be so displayed by law or authorized by the Administrator.

(b) This section does not apply to:

(1) Nontransparent material placed on the windshield of a motor vehicle above the AS1 line or not lower than 5 inches from the top of the windshield, whichever is less, if the materials are placed so as not to interfere with the driver’s clear view of traffic;

(2) Materials placed on the windshield or rear window, within a 7 inch square area in the lower corner, if the materials are placed so as not to interfere with the driver’s clear view of traffic;

(3) Materials placed on the side windows of a Class A (passenger) vehicle to the rear of the driver, if the materials are placed so as not to interfere with the driver’s clear view of traffic;

(4) Materials placed on the side or rear windows of a Class M (multipurpose) vehicle or Class E (truck) vehicle provided that the vehicle is equipped with two outside rearview mirrors, one each attached to the right and left side of the vehicle;

(5) Materials placed on the windshield in compliance with security measures required by a federal or State government agency, provided that the decal is affixed to the vehicle in accordance with the issuing agency’s guidelines;

(6) Direction, destination, or termini signs on any passenger common carrier motor vehicle; or

(7) An electronic toll collection device placed on the windshield of a vehicle in accordance with the guidelines established by the Maryland Transportation Authority.

(c) The windshield on every motor vehicle, except motorcycles, shall be equipped with a device for clearing and cleaning rain, snow, or other moisture from the windshield, which device shall be constructed to be controlled or operated by the driver of the vehicle.

(d) Every windshield wiper on a motor vehicle shall be maintained in good working order.

(e) (1) If a motor vehicle was originally equipped with windshield washers, the washers shall be operational and capable of containing washer fluid and distributing washer fluid onto the windshield.

(2) A windshield washer shall be constructed to be controlled or operated by the driver of the vehicle.
Md. Code, Transportation § 22-222 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-222
§22–222.
Status: in_force

(a) Except as otherwise provided in the Maryland Vehicle Law, the headlamps or the auxiliary driving lamp or combination thereof on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and the lamps, in addition, may be so arranged that the selection can be made automatically, subject to the following limitations:

(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of intensity to reveal persons and vehicles at a distance of at least 450 feet ahead for all conditions of loading;

(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet ahead;

(3) On a straight level road under any condition of loading, none of the high–intensity portion of the beam may be directed to strike the eyes of an approaching driver; and

(4) Not more than four lamps that project a beam of light of an intensity greater than 300 candlepower may be illuminated simultaneously.

(b) Every new motor vehicle shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and may not otherwise be lighted.

(c) The indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped.
Md. Code, Alcoholic Beverages and Cannabis § 22-809 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-809
§22–809.
Status: in_force

(a) There is a Class CC (community college) beer and wine license.

(b) The Board may issue the license to officers of a community college for use on enclosed parts of the community college campus that are:

(1) owned by the community college; and

(2) used and equipped by the community college to promote or host events, including artistic, cultural, or civic exhibits, meetings, festivals, shows, or other entertainment productions.

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

(1) individuals who attend an event that is open to the public; and

(2) members of a club, a society, or an association and their guests who attend an event that is held for that group.

(d) (1) The license holder may not sell beer and wine on the community college campus at:

(i) a student sporting event; or

(ii) an event that is sponsored by students.

(2) The license holder may sell beer and wine at events that are held on the community college campus for a maximum of 25 days per year.

(e) After an event is over, the license holder may not allow alcoholic beverages to be consumed on the licensed premises from midnight to noon the following day.

(f) A license holder may not allow an individual to carry alcoholic beverages onto or from the licensed premises, except a wholesaler of beer or wine who conducts business regarding an event for which a license has been issued under this section.

(g) The annual license fee is $1,500.
Md. Code, State Government § 22-308 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-308
§22–308.
Status: in_force

(a) If a person fails to comply with an order issued by the Board, a member of the Board may petition the circuit court to order the person to comply with the Board’s order.

(b) The Board may not be required to post bond in an action under subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-2605 — MD Code / Article gab / Title 22 / Subtitle 26 / Section 22-2605
§22–2605.
Status: in_force

An inspector who investigates a license violation may issue a civil citation as provided in § 10–119 of the Criminal Law Article.
Md. Code, Commercial Law § 22-103 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) This title applies to computer information transactions.

(b) Except as otherwise provided in subsection (d) of this section and § 22-104 of this subtitle, if a computer information transaction includes subject matter other than computer information, the following rules apply:

(1) If a transaction includes computer information and goods, this title applies to the part of the transaction involving computer information, informational rights in it, and creation or modification of it. However, if a copy of a computer program is contained in and sold or leased as part of goods, this title applies to the copy and the computer program only if:

(A) The goods are a computer or computer peripheral; or

(B) Giving the buyer or lessee of the goods access to or use of the program is ordinarily a material purpose of transactions in goods of the type sold or leased.

(2) Subject to subsection (d)(3)(A) of this section, if a transaction includes an agreement for creating or for obtaining rights to create computer information and a motion picture, this title does not apply to the agreement if the dominant character of the agreement is for creating or obtaining rights to create a motion picture. In all other such agreements, this title does not apply to the part of the agreement that involves a motion picture excluded under subsection (d)(3) of this section, but does apply to the computer information.

(3) In all other cases, this title applies to the entire transaction if the computer information and informational rights, or access to them, is the primary subject matter, but otherwise applies only to the part of the transaction involving computer information, informational rights in it, and creation or modification of it.

(c) To the extent of a conflict between this title and Title 9 of this article, Title 9 governs.

(d) This title does not apply to:

(1) A financial services transaction;

(2) An insurance services transaction;

(3) An agreement to create, perform or perform in, include information in, acquire, use, distribute, modify, reproduce, have access to, adapt, make available, transmit, license, or display:

(A) A motion picture or audio or visual programming, other than in (i) a mass-market transaction or (ii) a submission of an idea or information or release of informational rights that may result in making a motion picture or a similar information product; or

(B) A sound recording, musical work, or phonorecord as defined or used in Title 17 of the United States Code as of July 1, 1999, or an enhanced sound recording;

(4) A compulsory license;

(5) A contract of employment of an individual, other than an individual hired as an independent contractor to create or modify computer information, unless such independent contractor is a freelancer in the news reporting industry as that term is commonly understood in that industry;

(6) A contract that does not require that information be furnished as computer information or in which under the agreement the form of the information as computer information is otherwise insignificant with respect to the primary subject matter of the part of the transaction pertaining to the information; or

(7) Subject matter within the scope of Title 3, 4, 4A, 5, 6, 7, or 8 of this article.

(e) As used in subsection (d)(3)(B) of this section, “enhanced sound recording” means a separately identifiable product or service the dominant character of which consists of recorded sounds but which includes (i) statements or instructions whose purpose is to allow or control the perception, reproduction, or communication of those sounds or (ii) other information so long as recorded sounds constitute the dominant character of the product or service despite the inclusion of the other information.

(f) As used in this section, “motion picture” means “motion picture” as defined in Title 17 of the United States Code as of July 1, 1999, or a separately identifiable product or service the dominant character of which consists of a linear motion picture, but which includes (i) statements or instructions whose purpose is to allow or control the perception, reproduction, or communication of the motion picture or (ii) other information so long as the motion picture constitutes the dominant character of the product or service despite the inclusion of the other information.

(g) As used in this section, “audio or visual programming” means audio or visual programming that is provided by broadcast, satellite, or cable as defined in the Federal Communications Act of 1934 and related regulations as they existed on July 1, 1999, or by similar methods of delivery.
Md. Code, Transportation § 22-410 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-410
§22–410.
Status: in_force

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

(2) “Air–conditioning equipment” means mechanical vapor compression refrigeration equipment used to cool the driver’s or passenger compartment of any motor vehicle.

(3) “Ozone–depleting refrigerant” means a refrigerant used in air–conditioning equipment that contains a substance identified in 42 U.S.C. § 7671a(a) or (b).

(b) Air–conditioning equipment shall be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public.

(c) In a motor vehicle of model year 2011, or any model year thereafter, the air–conditioning equipment may contain only a refrigerant that:

(1) Is not an ozone–depleting refrigerant; or

(2) Is included in the list published by the United States Environmental Protection Agency as a safe alternative to chlorofluorocarbon–12, pursuant to 42 U.S.C. § 7671k(c).

(d) The Administrator, in consultation with the Department of the Environment, may adopt and enforce safety requirements, regulations, and specifications for air–conditioning equipment consistent with the requirements of this section.

(e) A person may not have for sale, offer for sale, sell, or equip any motor vehicle, of model year 2011 or thereafter, with any air–conditioning equipment unless the air–conditioning equipment complies with the requirements of this section.
Md. Code, Health - General § 22-310 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-310
§22–310.
Status: in_force

(a) Except as otherwise provided in this section, a dangerous household substance that is subject to a child resistant packaging standard may be provided in single size conventional packages designed for easy opening by elderly individuals or individuals with disabilities if:

(1) Elderly individuals or individuals with disabilities would be unable to use the dangerous household substance if packaged in accordance with the child resistant packaging standard;

(2) The dangerous household substance is at the same time provided in packages that meet the child resistant packaging standards adopted under this subtitle; and

(3) The single size conventional package of the dangerous household substance bears a conspicuous label on which is printed:

(i) “This Package for Households Without Young Children”; or

(ii) If the package is too small for that statement, a substitute statement as required by rule or regulation.

(b) (1) If the Secretary finds that a dangerous household substance offered in a single size conventional package under subsection (a) of this section is not offered at the same time in a popular size package that conforms to the child resistant packaging standards, the Secretary may notify the manufacturer or packer of the dangerous household substance of the violation and of a time period within which the violation is to be corrected.

(2) If the violation remains uncorrected at the end of the specified time period, the Secretary, after giving the manufacturer or packer an opportunity for a hearing, may order the manufacturer or packer to package the dangerous household substance only in packages that conform to the child resistant packaging standards.
Md. Code, Alcoholic Beverages and Cannabis § 22-1602 — MD Code / Article gab / Title 22 / Subtitle 16 / Section 22-1602
§22–1602.
Status: reserved

(a) This section does not apply to:

(1) a license in effect on July 1, 1975, or the issuance or transfer of a Class B (on–sale) beer, wine, and liquor license for use on any premises licensed on July 1, 1975;

(2) a license in effect on July 1, 1977;

(3) the renewal, transfer, or upgrading of a license, unless the license is transferred to a new location; and

(4) the issuance of:

(i) a 1–day license that is to be used on the premises of a place of worship or school;

(ii) a Class HC (health club) license;

(iii) a Class GC (golf course) license;

(iv) a Class CCFA (continuing care facility) license;

(v) a Class ALP (assisted living program) license; and

(vi) a gift basket permit.

(b) (1) (i) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, the Board may not issue a license for an establishment that is within 300 feet of a place of worship.

(ii) The distance from the establishment to the place of worship is to be measured from the nearest point of the building of the establishment to the nearest point of the building of the place of worship.

(2) Paragraph (1) of this subsection does not apply to the issuance of:

(i) a 1–day license for use in a building;

(ii) a license issued to a hotel, motel, restaurant, club, caterer, brewery, or distillery in a municipality; and

(iii) a Class H beer, wine, and liquor license issued to a caterer for use in a banquet facility in an establishment if:

1. the construction of the establishment was completed after July 1, 1991; and

2. the establishment is used for emergency operations by a volunteer fire company.

(c) (1) Subject to paragraphs (2) and (3) of this subsection, the Board may waive the distance restrictions from a place of worship and issue a license on a case–by–case basis.

(2) Before the Board decides whether to waive the distance restrictions from a place of worship under paragraph (1) of this subsection:

(i) a public hearing shall be held by the governing body of:

1. if the establishment is located in a municipality, the municipality where the establishment is located; or

2. if the establishment is located outside the boundaries of a municipality, the county;

(ii) the governing body shall make a recommendation to the Board regarding whether the distance restrictions should be waived; and

(iii) after receiving a recommendation:

1. in favor of the waiver, the Board shall hold a public hearing; or

2. to deny a waiver, the Board shall deny the waiver.

(3) In making a decision whether to waive the distance restrictions from a place of worship, the Board shall consider:

(i) comments received from members and leaders of the place of worship; and

(ii) comments made at the public hearing held by the Board.

(d) (1) (i) Except as provided in paragraph (2) of this subsection, the Board may not issue a license to a business establishment that is within 1,000 feet of a public or private school building.

(ii) The distance from the establishment to the public or private school is to be measured from the nearest point of the building of the establishment to the nearest point of the building of the school.

(2) The Board may issue a license to a business establishment in Harford County and in a municipality in Harford County if the business establishment is not located within 300 feet of a public or private school.

(3) A decision of the County Board of Education to locate a public school building within 1,000 feet of the premises of a license holder may not be the basis to revoke or deny the renewal, transfer, or upgrading of the license.

(e) (1) Subject to paragraphs (2) and (3) of this subsection, the Board may waive the distance restrictions from a public or private school building and issue a Class B (on–sale) restaurant license or a Class B cafe license on a case–by–case basis.

(2) Before the Board decides whether to waive the distance restrictions from a public or private school building under paragraph (1) of this subsection:

(i) a public hearing shall be held by the governing body of:

1. if the restaurant is located in a municipality, the municipality where the restaurant is located; or

2. if the restaurant is located outside the boundaries of a municipality, the county where the restaurant is located;

(ii) the governing body shall make a recommendation to the Board regarding whether the distance restrictions should be waived; and

(iii) after receiving the recommendation, the Board shall hold a public hearing.

(3) In making a decision whether to waive the distance restrictions from a public or private school building, the Board shall take into consideration:

(i) the recommendation from the governing body;

(ii) comments received from parents whose children attend the public or private school; and

(iii) comments made at the public hearing held by the Board.
Md. Code, Commercial Law § 22-408 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-408
§22–408.
Status: in_force

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply:

(1) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(2) A sample displaces inconsistent general language of description.

(3) Express warranties displace inconsistent implied warranties other than an implied warranty under § 22-405(a) of this subtitle.
Md. Code, State Government § 22-309 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-309
§22–309.
Status: in_force

(a) The Board is not bound by any prior regulation, order, or action of the State Labor Relations Board, the Public School Labor Relations Board, or the State Higher Education Labor Relations Board, except for decisions regarding unit composition under § 22–403(c) of this title.

(b) The Board is bound by prior opinions and decisions of a labor board listed under subsection (a) of this section.

(c) A prior order or action of a labor board listed under subsection (a) of this section or any other body may be considered for its persuasive value.

(d) The Board shall be bound by judicial orders regarding the scope of bargaining under Title 6, Subtitles 4 and 5 of the Education Article.
Md. Code, Health - General § 22-402 — MD Code / Article ghg / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

The Department shall adopt the federal rules and regulations that:

(1) Are adopted under the federal Flammable Fabrics Act of 1967; and

(2) Relate to products, fabrics, or related materials.
Md. Code, Commercial Law § 22-113 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-113
§22–113.
Status: in_force

(a) The effect of any provision of this title, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. However, the following rules apply:

(1) Obligations of good faith, diligence, reasonableness, and care imposed by this title may not be disclaimed by agreement, but the parties by agreement may determine the standards by which the performance of the obligation is to be measured if the standards are not manifestly unreasonable.

(2) The limitations on enforceability imposed by unconscionability under § 22-111 of this subtitle and fundamental public policy under § 22-105(b) of this subtitle may not be varied by agreement.

(3) Limitations on enforceability of, or agreement to, a contract, term, or right expressly stated in the sections of this title listed in the following subparagraphs may not be varied by agreement except to the extent provided in each section:

(A) The limitations on agreed choice of law in § 22-109(a);

(B) The limitations on agreed choice of forum in § 22-110;

(C) The requirements for manifesting assent and opportunity for review in § 22-112;

(D) The limitations on enforceability in § 22-201;

(E) The limitations on a mass-market license in § 22-209;

(F) The consumer defense arising from an electronic error in § 22-214;

(G) The requirements for an enforceable term in §§ 22-303(b), 22-307(g), 22-406(b) and (c), and 22-804(a);

(H) The limitations on a financier in §§ 22-507 through 22-511;

(I) The restrictions on altering the period of limitations in § 22-805(a) and (b); and

(J) The limitations on self-help repossession in §§ 22-815(b) and 22-816.

(b) Any usage of trade of which the parties are or should be aware and any course of dealing or course of performance between the parties are relevant to determining the existence or meaning of an agreement.
Md. Code, Alcoholic Beverages and Cannabis § 22-2402 — MD Code / Article gab / Title 22 / Subtitle 24 / Section 22-2402
§22–2402.
Status: in_force

In addition to the other powers of the circuit court for the county provided in Title 4, Subtitle 9 of this article, the court may remand the proceedings to the Board.
Md. Code, Health - General § 22-302 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-302
§22–302.
Status: in_force

Compliance with the federal standards set by rule or regulation under the federal Poison Prevention Packaging Act is sufficient compliance with this subtitle.
Md. Code, Transportation § 22-404.3 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-404.3
§22–404.
Status: in_force

§22–404.3.

(a) Every truck, truck tractor, and bus operated on highways in this State, except as provided in subsection (b) of this section, shall be identified with the name or trade name of its owner, operator, or lessee and shall display:

(1) A United States Department of Transportation number; or

(2) The number issued by a State agency.

(b) This section does not apply to the following if operated intrastate only:

(1) Vehicles registered as:

(i) Farm trucks under § 13-921 of this article;

(ii) Farm truck tractors under § 13-924 of this article; or

(iii) Farm area motor vehicles under § 13-935 of this article;

(2) Trucks registered at 10,000 pounds capacity or less;

(3) Emergency vehicles;

(4) Vehicles used primarily to transport money or commercial paper;

(5) Vehicles owned or operated by the State or any political subdivision of the State; or

(6) Vehicles operating within 15 days from the date of purchase.

(c) The display of identification required by this section shall comply with the regulations promulgated by the federal Motor Carrier Safety Administration relating to vehicles operating interstate, as codified in 49 C.F.R., Part 390.21.

(d) This section does not prohibit the display of any additional identification required by other laws of this State or any other state, or by any agency or department of the federal government.
Md. Code, Alcoholic Beverages and Cannabis § 22-1508 — MD Code / Article gab / Title 22 / Subtitle 15 / Section 22-1508
§22–1508.
Status: in_force

(a) A license shall describe the location of the licensed premises.

(b) (1) Subject to paragraph (2) of this subsection, the decision of the Board becomes effective 5 days after the date of publication of the decision.

(2) The Board may waive the 5–day period if no written or oral objection is raised to the Board’s decision by the end of the application hearing.
Md. Code, Alcoholic Beverages and Cannabis § 22-1311 — MD Code / Article gab / Title 22 / Subtitle 13 / Section 22-1311
§22–1311.
Status: in_force

(a) The Board may issue to a fire department a multiple event beer and wine license.

(b) (1) The license holder may sell or provide beer and wine for on–premises consumption:

(i) at an entertainment event held by the fire department; or

(ii) by a person who has rented or leased an area of the licensed premises for an event and guests who attend the event.

(2) The license holder shall:

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

(ii) ensure that food will be available for consumption at the event described in paragraph (1)(ii) of this subsection.

(3) This section does not prohibit a fire department from obtaining a Class C per diem license.

(c) (1) The license shall be in the form that the Board requires.

(2) The applicant shall sign the license.

(d) (1) The Board may not:

(i) issue for a fire department a multiple event beer and wine license more than one time in any year; or

(ii) authorize a multiple event beer and wine license for more than 40 days in a calendar year.

(2) A license holder shall notify the Board in writing at least 7 days before each event for which the license is to be used.

(e) The annual license fees are:

(1) $150 for not more than 10 events per year;

(2) $300 for not more than 20 events per year;

(3) $450 for not more than 30 events per year; and

(4) $600 for not more than 40 events per year.
Md. Code, Transportation § 22-305 — MD Code / Article gtr / Title 22 / Subtitle 3 / Section 22-305
§22–305.
Status: in_force

(a) In this section, “hydraulic brake fluid” means the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.

(b) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public.

(c) After public hearing following due notice, the Administrator shall adopt and enforce regulations for the administration of this section and shall adopt and publish standards and specifications for hydraulic brake fluid.

(d) A person may not distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with the requirements of this section.
Md. Code, Public Utilities § 22-110 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-110
§22–110.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the Commission may borrow money in anticipation of taxes, sale of bonds, or other revenue of the fiscal year in which the loan is made or the next succeeding fiscal year to:

(i) pay the principal and interest of bonds due or to become due within 4 months;

(ii) pay the interest becoming due on any bonds within 4 months and not otherwise adequately provided for; or

(iii) meet payments required to be made to employees and laborers and not otherwise provided for.

(2) The loan shall be payable not later than the end of the fiscal year after the year in which the loan is made.

(b) (1) The Commission shall issue negotiable notes for all money borrowed under subsection (a) of this section.

(2) The notes may be renewed and money may be borrowed on new notes to pay any indebtedness.

(3) The notes and loans shall mature within the time limit for the payment of the original loan.

(4) The Commission shall authorize, by resolution, the notes and set:

(i) the actual or maximum face amount of the notes;

(ii) the actual or maximum rate of interest to be paid on the amount borrowed; and

(iii) the actual or approximate maturity of the notes.

(5) The Commission shall determine the form and manner of execution of the notes.

(c) (1) Subject to paragraph (2) of this subsection, the Commission may determine the manner in which the notes may be disposed of.

(2) The aggregate amount of notes outstanding at any one time may not exceed an amount equal to the total principal of and interest on bonds of the sanitary district due and payable in the fiscal year in which the notes are issued.
Md. Code, State Government § 22-206 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-206
§22–206.
Status: in_force

(a) A public employer and its officers, employees, agents, or representatives are prohibited from engaging in any unfair labor practice, including:

(1) interfering with, restraining, or coercing employees in the exercise of their rights under this title;

(2) dominating, interfering with, contributing financial or other support to, or assisting in the formation, existence, or administration of any employee organization;

(3) granting administrative leave to employees to attend employer sponsored or supported meetings or events relating to an election under Subtitle 4 of this title, unless the public employer grants employees at least the same amount of administrative leave to attend labor organization sponsored or supported meetings or employee meetings;

(4) discriminating in hiring, tenure, or any term or condition of employment to encourage or discourage membership in an employee organization;

(5) discharging or discriminating against an employee because of the signing or filing of an affidavit, petition, or complaint, or giving information or testimony in connection with matters under this title;

(6) failing to provide all employee organizations involved in an election the same rights of access as required by the Board through regulation;

(7) engaging in surveillance of union activities;

(8) refusing to bargain in good faith;

(9) failing to meet an established negotiation deadline, unless a written agreement between the public employer and the exclusive representative provides otherwise;

(10) engaging in a lockout; or

(11) spending public money to contract with, using public resources to contract with, or providing assistance to an individual or group for a negative campaign against efforts by employees of a public employer or an employee organization to:

(i) gain or retain collective bargaining rights; or

(ii) certify an employee organization as an exclusive representative.

(b) Employee organizations and their agents or representatives are prohibited from engaging in any unfair labor practice, including:

(1) interfering with, restraining, or coercing employees in the exercise of their rights under this title;

(2) causing or attempting to cause a public employer to discriminate in hiring, tenure, or any term or condition of employment to encourage or discourage membership in an employee organization;

(3) engaging in, inducing, or encouraging any person to engage in a strike;

(4) interfering with the statutory duties of the State or a public employer;

(5) refusing to bargain in good faith; or

(6) not fairly representing employees in collective bargaining or in any other matter in which the employee organization has the duty of fair representation.
Md. Code, Alcoholic Beverages and Cannabis § 22-1603 — MD Code / Article gab / Title 22 / Subtitle 16 / Section 22-1603
§22–1603.
Status: reserved

(a) (1) Except as provided in paragraph (2) of this subsection, any license with an off–sale privilege may not be issued for or transferred to:

(i) a chain store;

(ii) a supermarket;

(iii) a discount house; or

(iv) a franchisor, franchisee, or concessionaire of an establishment listed in this paragraph.

(2) Paragraph (1) of this subsection does not apply to the renewal of a license.

(b) An establishment that on July 1, 1976, held a license with an off–sale privilege may continue to hold the license or apply to upgrade to a Class A–1 or Class A–2 license.
Md. Code, Alcoholic Beverages and Cannabis § 22-103 — MD Code / Article gab / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) To be considered a restaurant, an establishment shall meet the requirements of this section.

(b) The Board and the County Department of Health shall approve the sanitary facilities, running hot and cold water, equipment for the proper cleaning of dishes and kitchenware, and adequate number of toilets in the establishment.

(c) The establishment shall have one or more signs in front of the establishment that:

(1) designate “restaurant” or food and beverages sold; and

(2) do not advertise any other business.

(d) The establishment shall have sufficient food on the premises at all times for the regular serving of meals.

(e) An establishment that serves food and alcoholic beverages and has gross monthly receipts from the sale of food that average $1,500 or more may not be required to sell food in excess of one–half of the average monthly receipts from the sale of alcoholic beverages.
Md. Code, Commercial Law § 22-114 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-114
§22–114.
Status: in_force

(a) Unless displaced by this title, principles of law and equity, including the law merchant and the common law of this State relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, and other validating or invalidating cause, supplement this title. Among the laws supplementing and not displaced by this title are trade secret laws and unfair competition laws.

(b) Every contract or duty within the scope of this title imposes an obligation of good faith in its performance or enforcement.

(c) Whether a term is conspicuous or is unenforceable under § 22–105(a) or (b) or § 22–111 of this subtitle or § 22–209(a) of this title and whether an attribution procedure is commercially reasonable or effective under § 22–108 of this subtitle or § 22–212 or § 22–213 of this title are questions to be determined by the court.

(d) Whether an agreement has legal consequences is determined by this title.

(e) Whenever this title requires any action to be taken within a reasonable time, the following rules apply:

(1) What is a reasonable time for taking the action depends on the nature, purpose, and circumstances of the action.

(2) Any time that is not manifestly unreasonable may be fixed by agreement.

(f) A person has reason to know a fact if the person has knowledge of the fact or, from all the facts and circumstances known to the person without investigation, the person should be aware that the fact exists.
Md. Code, Transportation § 22-301 — MD Code / Article gtr / Title 22 / Subtitle 3 / Section 22-301
§22–301.
Status: in_force

(a) “Driveaway or towaway operation” means any operation in which any motor vehicle, trailer, or semitrailer, singly or in combination, new or used, is the commodity being transported, when one set or more of wheels of the vehicle are on the roadway during the transportation, whether or not the vehicle furnishes the motive power.

(b) Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of these vehicles, while operating on a highway in this State, shall be equipped with brakes in compliance with the requirements of this title. All the vehicles and combinations of vehicles shall be equipped with service brakes complying with the performance requirements of § 22-302 of this subtitle and, except as provided in subsection (l) of this section, adequate to control the movement of and to stop and hold the vehicle under all conditions of loading, and on any grade incident to its operation.

(c) (1) All the vehicles and combinations of vehicles, except motorcycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material.

(2) The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver’s muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements.

(3) The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

(4) The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part does not leave the vehicle without operative brakes.

(d) Every vehicle shall be equipped with brakes acting on all wheels, except:

(1) Trailers, semitrailers, or pole trailers of a registered gross weight not exceeding 3,000 pounds, provided that:

(i) The total weight on and including the wheels of the trailer or trailers does not exceed 40 percent of the gross weight of the towing vehicle when connected to the trailer or trailers; and

(ii) The combination of vehicles, consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of § 22-302 of this subtitle;

(2) Trailers, semitrailers, or pole trailers of a registered gross weight exceeding 3,000 pounds and not exceeding 10,000 pounds that:

(i) Have 2 or more axles;

(ii) Are equipped with brakes acting on all wheels of at least 1 axle; and

(iii) As part of a combination of vehicles, consisting of the towing vehicle and the total load, is capable of complying with the performance requirements of § 22-302 of this subtitle;

(3) Any vehicle being towed in driveaway or towaway operations, provided that the combination of vehicles is capable of complying with the performance requirements of § 22-302 of this subtitle;

(4) Trucks, truck tractors, and special mobile equipment manufactured before July 24, 1980 with three or more axles need not have brakes on the front wheels. However, the trucks and truck tractors must be capable of complying with the performance requirements of § 22-302 of this subtitle;

(5) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, or the front wheel of a motor-driven cycle need not be equipped with brakes, provided that the motorcycle or motor-driven cycle is capable of complying with the performance requirements of § 22-302 of this subtitle; and

(6) Any vehicle equipped with at least 2 steerable axles need not have brakes on the wheels of 1 of the axles. However, the vehicle must be capable of complying with the performance requirements of § 22-302 of this subtitle.

(e) (1) Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes, and every trailer, semitrailer, and pole trailer with a registered gross weight in excess of 10,000 pounds, manufactured or assembled after June 1, 1970, shall be equipped with brakes acting on all wheels and of a character to be applied automatically and promptly, and remain applied for at least 15 minutes on breakaway from the towing vehicle.

(2) Every trailer, semitrailer, and pole trailer with a registered gross weight of more than 3,000 pounds and not more than 10,000 pounds, manufactured or assembled after June 1, 1970, shall be equipped with brakes acting on all wheels of at least 1 axle and of a character to be applied automatically and promptly, and remain applied for at least 15 minutes on breakaway from the towing vehicle.

(f) Every motor vehicle manufactured or assembled after June 1, 1970, and used to tow a trailer, semitrailer, or pole trailer equipped with brakes, shall be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.

(g) Air brake systems installed on trailers manufactured or assembled after June 1, 1970, shall be so designed that the supply reservoir used to provide air for the brakes is safeguarded against backflow of air from the reservoir through the supply line.

(h) (1) Air Brakes. After June 1, 1971, every towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure, which shall be not lower than 20 pounds per square inch nor higher than 45 pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual arrangement be arranged to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate.

(2) Vacuum Brakes. After June 1, 1970, every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by subsection (i) of this section, a second control device that can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system is so arranged that failure of the pressure on which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.

(i) Except as provided in subsection (l) of this section, after June 1, 1971, every motor vehicle, trailer, semitrailer, and pole trailer, and every combination of these vehicles, except motorcycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle, nor does it apply to the operation of electric trailer brakes.

(j) (1) Air Brakes. Every bus, truck, or truck tractor with air operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering the reservoir pressure by more than 20 percent. Each reservoir shall be provided with means for readily draining accumulated oil or water.

(2) Vacuum Brakes. After June 1, 1971, every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than 40 percent.

(3) Reservoir Safeguarded. All motor vehicles, trailers, semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that, in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum is not depleted by the leak or failure.

(k) (1) Air Brakes. Every bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time that the air reservoir pressure of the vehicle is below 50 percent of the air compressor governor cut-out pressure. In addition, the vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking.

(2) Vacuum Brakes. After June 1, 1971, every truck tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle’s supply reservoir or reserve capacity is less than 8 inches of mercury.

(3) Combination of Warning Devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device that serves both purposes. A gauge or gauges indicating pressure or vacuum is not an adequate means of satisfying this requirement.

(l) (1) In this subsection, “surge brakes” means a braking system designed to activate the brakes of a vehicle being towed as a result of the forward pressure of the vehicle against the towing vehicle during deceleration.

(2) A trailer or semitrailer may be equipped with surge brakes if:

(i) The trailer or semitrailer has a manufacturer’s gross vehicle weight rating, or registered weight, whichever is less, of 10,000 pounds or less;

(ii) The combined gross vehicle weight rating, combined registered weight, and the gross combination weight of the trailer or semitrailer and the towing vehicle is 26,000 pounds or less;

(iii) The vehicle or combination of vehicles is not designed or used to transport 16 or more passengers including the driver of the towing vehicle;

(iv) The actual gross weight of the trailer or semitrailer and load does not exceed the manufacturer’s gross vehicle weight rating or registered weight, whichever is less;

(v) The actual gross weight of the towing vehicle and load does not exceed the manufacturer’s gross vehicle weight rating or registered weight, whichever is less;

(vi) The trailer or semitrailer brakes are designed and connected in such a manner that in case of accidental breakaway of the towed vehicle, the brakes will apply automatically;

(vii) The vehicle or combination of vehicles is not used to transport hazardous materials of a type and quantity that requires placarding;

(viii) The vehicle or combination of vehicles is not used to transport liquids or gases contained in packaging that exceeds a capacity of 119 gallons;

(ix) The trailer or semitrailer has a gross weight rating, registered weight, or gross weight, whichever is greater, that is not more than one and one-half times the gross weight rating or registered weight, whichever is less, of the towing vehicle; and

(x) For vehicles used for commercial purposes, the trailer or semitrailer is used only in intrastate commerce.
Md. Code, State Personnel and Pensions § 22-212 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-212
§22–212.
Status: in_force

On or after January 1, 2005, an individual who is a member of the Employees’ Retirement System or the Teachers’ Retirement System may not transfer membership to the:

(1) Employees’ Pension System, if the individual is a member of the Employees’ Retirement System; or

(2) Teachers’ Pension System, if the individual is a member of the Teachers’ Retirement System.
Md. Code, Transportation § 22-223 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-223
§22–223.
Status: in_force

(a) Whenever a motor vehicle is being driven on a roadway or adjacent shoulder during the times specified in § 22-201.1 of this subtitle, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the requirements and limitations of this section.

(b) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. However, the lowermost distribution of light, or composite beam, specified in § 22-222(a)(2) of this subtitle, shall be deemed to avoid glare at all times, regardless of road contour and loading.

(c) Whenever the driver of a vehicle approaches another vehicle from the rear, within 300 feet, the driver shall use a distribution of light permissible under this title, other than the uppermost distribution of light specified in § 22-222(a)(1) of this subtitle.
Md. Code, State Personnel and Pensions § 22-214 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-214
§22–214.
Status: in_force

(a) (1) This subsection applies only to a member who is subject to Selection A (Additional member contributions).

(2) For a member whose membership started on or before June 30, 1973, the contribution rate as a percent of a member's earnable compensation is the lesser of:

(i) 2% plus the contribution rate adopted by the Board of Trustees and in effect when membership began; or

(ii) 7%.

(3) For a member whose membership started on or after July 1, 1973, the contribution rate is 7% of a member's earnable compensation.

(4) For a member who under § 22-308(b)(2) of this title elects to receive full-time service credit for regular part-time employment, the contribution rate is 7% of the compensation the member would have earned had the member been a full-time employee.

(b) (1) This subsection applies to a member who is subject to Selection B (Limited cost-of-living adjustment).

(2) For a member whose membership started on or before June 30, 1973, the contribution rate as a percent of a member's earnable compensation is the lesser of:

(i) the contribution rate adopted by the Board of Trustees and in effect when membership began; or

(ii) 5%.

(3) For a member whose membership started on or after July 1, 1973, the contribution rate is 5% of a member's earnable compensation.

(4) For a member who elects under § 22-308(b)(2) of this title to receive full-time service credit for regular part-time employment, the contribution rate is 5% of the compensation the member would have earned had the member been a full-time employee.

(c) (1) This subsection applies to a member who is subject to Selection C (Combination formula).

(2) A member’s contribution rate is as provided in § 23-212 of this article.
Md. Code, Education § 22-202 — MD Code / Article ged / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

(a) Funds for the operation of the educational program in State hospital centers shall be provided in the budget of the Maryland Department of Health.

(b) The Maryland Department of Health and other State agencies may contribute to the program.

(c) Funds appropriated for educational programs in State hospital centers may not be diverted, by budget amendment or otherwise, to any other purpose.
Md. Code, Land Use § 22-304 — MD Code / Article glu / Title 22 / Subtitle 3 / Section 22-304
§22–304.
Status: in_force

This part applies only in Montgomery County.
Md. Code, State Government § 22-203 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

(a) On written request of an exclusive representative for each employee in the bargaining unit represented by the exclusive representative, the public employer, as appropriate, shall provide the exclusive representative with the employee’s:

(1) name;

(2) position classification;

(3) unit;

(4) home and work site addresses where the employee receives interoffice or United States mail;

(5) home and work site telephone numbers;

(6) work e–mail address; and

(7) position identification number.

(b) The public employer, as appropriate, shall provide the exclusive representative with the requested information in a searchable and analyzable electronic format.

(c) Names or lists of employees provided to the Board in connection with an election under this title are not subject to disclosure in accordance with Title 4 of the General Provisions Article.

(d) (1) Except as provided in paragraphs (2) and (3) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not release the information to any person.

(2) An exclusive representative may authorize third party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative’s statutory duties under this title.

(3) An exclusive representative or an authorized third party contractor may use the information that it receives under this section for the purpose of maintaining or increasing employee membership in an employee organization.

(4) On written request of an employee, an exclusive representative shall withhold further communication with the employee unless otherwise required by law or the written request is revoked by the employee.
Md. Code, Alcoholic Beverages and Cannabis § 22-2102 — MD Code / Article gab / Title 22 / Subtitle 21 / Section 22-2102
§22–2102.
Status: in_force

(a) The Board and general manager shall have frequent inspections made of the premises of all license holders.

(b) The Board may impose the penalties in § 22–2706 of this title if, after a public hearing, the Board finds that:

(1) a license holder or an agent or employee of the license holder:

(i) has violated this article or regulations adopted under this article;

(ii) has failed to observe in good faith the purposes of this article; or

(iii) has not maintained the premises in a clean and sanitary manner;

(2) on the licensed premises there is:

(i) illegal gambling;

(ii) an illegal gambling device; or

(iii) an alcoholic beverage not authorized to be sold under the appropriate license; or

(3) the license holder has been convicted in federal or State court of a felony.

(c) (1) The Board shall report its findings within 14 calendar days after the hearing or, if earlier, at the next regularly scheduled meeting of the Board.

(2) The Board shall report cases of potential criminal wrongdoing to the State’s Attorney and the Sheriff for prosecution.
Md. Code, State Government § 22-404 — MD Code / Article gsg / Title 22 / Subtitle 4 / Section 22-404
§22–404.
Status: in_force

Each employee organization that seeks certification as an exclusive representative shall file with the Board:

(1) a copy of the employee organization’s governing documents that:

(i) give individual members the right to participate in activities of the organization;

(ii) require periodic elections by secret ballot that are conducted with recognized safeguards to ensure the equal rights of all members to nominate, seek office, and vote in the elections; and

(iii) direct full and accurate accounting of all income and expenses using standard accounting methods; and

(2) a certification that the employee organization accepts members without regard to any characteristic listed in § 22–201(d) of this title.
Md. Code, Commercial Law § 22-216 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-216
§22–216.
Status: in_force

(a) The following rules apply to a submission of an idea or information for the creation, development, or enhancement of computer information which is not made pursuant to an existing agreement requiring the submission:

(1) A contract is not formed and is not implied from the mere receipt of an unsolicited submission;

(2) Engaging in a business, trade, or industry that by custom or practice regularly acquires ideas is not in itself an express or implied solicitation of the information; and

(3) If the recipient seasonably notifies the person making the submission that the recipient maintains a procedure to receive and review submissions, a contract is formed only if:

(A) The submission is made and accepted pursuant to that procedure; or

(B) The recipient expressly agrees to terms concerning the submission.

(b) An agreement to disclose an idea creates a contract enforceable against the receiving party only if the idea as disclosed is confidential, concrete, and novel to the business, trade, or industry, or the party receiving the disclosure otherwise expressly agreed.
Md. Code, Health - General § 22-306 — MD Code / Article ghg / Title 22 / Subtitle 3 / Section 22-306
§22–306.
Status: in_force

(a) Unless a written protest is filed with the Secretary, a State adopted federal regulation takes effect in this State on the date that it becomes effective as a federal rule or regulation.

(b) Any person who may be affected adversely by a State adopted federal regulation may:

(1) File a protest against the State adopted federal regulation not more than 30 days after its effective date; and

(2) Request a hearing.

(c) A protest under this section stays the effect of the State adopted federal regulation as a rule or regulation of this State.
Md. Code, State Government § 22-301 — MD Code / Article gsg / Title 22 / Subtitle 3 / Section 22-301
§22–301.
Status: in_force

There is a Public Employee Relations Board established as an independent unit of State government.
Md. Code, State Personnel and Pensions § 22-221 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-221
§22–221.
Status: in_force

(a) (1) This section applies only to a member who is not subject to Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment).

(2) The effective date for application of this section is:

(i) July 1, 1984, for a member employed by a participating employer on that day who had not elected Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment);

(ii) the date of return to employment by a participating employer for a member who returned to active employment and had not elected Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment); or

(iii) the date of election of Selection C (Combination formula) by a member who on or before December 31, 2004, had formerly elected Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment).

(b) For purposes of computing a member’s allowance under this section:

(1) service credit, other than military service credit, received by an individual before the individual last became a member shall be treated as service credit as of the date the service was rendered; and

(2) military service credit, received by a member in accordance with Title 38 of this article, shall be determined as of the date the Board of Trustees verifies the military service credit.

(c) (1) From the effective date for application of this section, a member shall receive an allowance as provided in this subsection.

(2) For normal service retirement, the allowance is computed:

(i) for creditable service before the effective date, as provided by § 22-401 of this title; and

(ii) for creditable service on and after the effective date, as provided by § 23-401 of this article.

(3) For early service retirement, the allowance is computed:

(i) for creditable service before the effective date, as provided by § 22-402 of this title; and

(ii) for creditable service on and after the effective date, as provided by § 23-402 of this article, except that the reduction under that section may not exceed 42% of the normal service retirement allowance based on the creditable service on or after the effective date.

(4) For ordinary disability retirement, the allowance is computed on the greater of:

(i) the allowance computed as provided by § 29-106 of this article; or

(ii) the allowance computed as provided by § 29-108 of this article.

(5) For accidental disability retirement the allowance is computed as provided by § 29-110 of this article.

(6) For determining the average final compensation of a member who was employed on a part time basis, the average final compensation is computed:

(i) for employment before the effective date, as provided in § 20-204 of this article; and

(ii) for employment on and after the effective date, as provided in § 20-205 of this article.

(d) A member who is subject to this section and who at the time of retirement is entitled to service credit for unused sick leave under § 20-206 of this article shall have the total amount of unused sick leave credit apportioned in the same ratio that the member’s creditable service is apportioned for computation of the allowance under subsection (c) of this section.

(e) A member who retires on or after the effective date for application of this section shall have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–407 of this article.

(f) For creditable service received on and after the effective date for application of this section, the rate of member contributions is that provided by § 23-212 of this article.
Md. Code, Health - General § 22-501 — MD Code / Article ghg / Title 22 / Subtitle 5 / Section 22-501
§22–501.
Status: in_force

(a) In this subtitle, “hazardous material” means:

(1) Any substance that may cause substantial personal injury or substantial illness from customary or reasonably foreseeable handling or use, or ingestion by children, and is:

(i) Toxic;

(ii) Corrosive;

(iii) Flammable or combustible;

(iv) An irritant;

(v) A strong sensitizer; or

(vi) A substance that generates pressure by decomposition, heat, or other means; or

(2) Any other substance that the Secretary declares to be hazardous material under § 22-502 of this subtitle.

(b) In this subtitle, “hazardous material” does not include:

(1) Any food, drug, or cosmetic that is subject to the Federal Food, Drug, and Cosmetic Act or Title 21, Subtitle 2 of this article;

(2) A fuel that is a household substance as defined in § 22-301 of this title; or

(3) A pesticide that is subject to the Federal Insecticide, Fungicide, and Rodenticide Act unless the pesticide is contained in an article that, because it contains the pesticide, is as hazardous as any substance described in subsection (a) of this section.
Md. Code, Land Use § 22-113 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-113
§22–113.
Status: in_force

A person may continue, and appropriate licenses may be issued to the person for, a lawful nonconforming use existing on the effective date of the respective zoning laws in the metropolitan district.
Md. Code, Commercial Law § 22-606 — MD Code / Article gcl / Title 22 / Subtitle 6 / Section 22-606
§22–606.
Status: in_force

(a) Delivery of a copy must be at the location designated by agreement. In the absence of a designation, the following rules apply:

(1) The place for delivery of a copy on a tangible medium is the tendering party’s place of business or, if it has none, its residence. However, if the parties know at the time of contracting that the copy is located in some other place, that place is the place for delivery.

(2) The place for electronic delivery of a copy is an information processing system designated or used by the licensor.

(3) Documents of title may be delivered through customary banking channels.

(b) Tender of delivery of a copy requires the tendering party to put and hold a conforming copy at the other party’s disposition and give the other party any notice reasonably necessary to enable it to obtain access to, control, or possession of the copy. Tender must be at a reasonable hour and, if applicable, requires tender of access material and other documents required by the agreement. The party receiving tender shall furnish facilities reasonably suited to receive tender. In addition, the following rules apply:

(1) If the contract requires delivery of a copy held by a third person without being moved, the tendering party shall tender access material or documents required by the agreement.

(2) If the tendering party is required or authorized to send a copy to the other party and the contract does not require the tendering party to deliver the copy at a particular destination, the following rules apply:

(A) In tendering delivery of a copy on a tangible medium, the tendering party shall put the copy in the possession of a carrier and make a contract for its transportation that is reasonable in light of the nature of the information and other circumstances, with expenses of transportation to be borne by the receiving party.

(B) In tendering electronic delivery of a copy, the tendering party shall initiate or cause to have initiated a transmission that is reasonable in light of the nature of the information and other circumstances, with expenses of transmission to be borne by the receiving party.

(3) If the tendering party is required to deliver a copy at a particular destination, the tendering party shall make a copy available at that destination and bear the expenses of transportation or transmission.
Md. Code, Alcoholic Beverages and Cannabis § 22-502 — MD Code / Article gab / Title 22 / Subtitle 5 / Section 22-502
§22–502.
Status: in_force

Except as provided in § 22–503 of this subtitle, a holder of a wholesaler’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 § 22-904 — MD Code / Article gab / Title 22 / Subtitle 9 / Section 22-904
§22–904.
Status: in_force

(a) There is:

(1) a Class B–3 restaurant/hotel 6–day license; and

(2) a Class B–3 restaurant/hotel 7–day license.

(b) The Board may issue a Class B–3 license to a person who:

(1) has been operating a restaurant or hotel under a Class B beer, wine, and liquor license for 1 year before the application for the Class B–3 license;

(2) accounts for at least 25% of the business at the restaurant or hotel from the sale of food; and

(3) in the judgment of the Board, has equipped and stocked the restaurant or hotel for the continued regular sale of food to customers and guests.

(c) (1) The Board may issue a license under this subsection for use in a restaurant or hotel at retail at the place described in the license.

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

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

(i) beer, wine, and liquor for on–premises consumption;

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

1. subject to paragraph (4) of this subsection, beer in individual bottles and cans; and

2. wine in split bottles; and

(iii) liquor, if the license holder has been granted a liquor option.

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

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

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

(i) $2,620 for a hotel; and

(ii) $2,050 for a restaurant.

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

(i) $3,045 for a hotel; and

(ii) $2,435 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, Commercial Law § 22-710 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-710
§22–710.
Status: in_force

(a) A repudiating party may retract its repudiation until its next performance is due unless the aggrieved party, after the repudiation, has canceled the contract, materially changed its position, or otherwise indicated that it considers the repudiation final.

(b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform the contract. However, a retraction must contain any assurance justifiably demanded under § 22-708 of this subtitle.

(c) Retraction restores a repudiating party’s rights under the contract with due excuse and allowance to the aggrieved party for any delay caused by the repudiation.
Md. Code, Commercial Law § 22-204 — MD Code / Article gcl / Title 22 / Subtitle 2 / Section 22-204
§22–204.
Status: in_force

(a) In this section, an acceptance materially alters an offer if it contains a term that materially conflicts with or varies a term of the offer or that adds a material term not contained in the offer.

(b) Except as otherwise provided in § 22-205 of this subtitle, a definite and seasonable expression of acceptance operates as an acceptance, even if the acceptance contains terms that vary from the terms of the offer, unless the acceptance materially alters the offer.

(c) If an acceptance materially alters the offer, the following rules apply:

(1) A contract is not formed unless:

(A) A party agrees, such as by manifesting assent, to the other party’s offer or acceptance; or

(B) All the other circumstances, including the conduct of the parties, establish a contract.

(2) If a contract is formed by the conduct of both parties, the terms of the contract are determined under § 22-210 of this subtitle.

(d) If an acceptance varies from but does not materially alter the offer, a contract is formed based on the terms of the offer. In addition, the following rules apply:

(1) Terms in the acceptance which conflict with terms in the offer are not part of the contract.

(2) An additional nonmaterial term in the acceptance is a proposal for an additional term. Between merchants, the proposed additional term becomes part of the contract unless the offeror gives notice of objection before, or within a reasonable time after, it receives the proposed terms.
Md. Code, Public Utilities § 22-103 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) Except as provided in subsection (b) of this section, the aggregate principal amount of bonds outstanding at any time that will not reach full maturity within 5 years from the date of issue may not exceed the greater of:

(1) the sum of:

(i) 3.8% of the total assessable base of all real property assessed for county tax purposes within the sanitary district; and

(ii) 7% of the total assessable personal property and operating real property described under § 8–109(c) of the Tax – Property Article assessed for county tax purposes within the sanitary district; or

(2) the sum of:

(i) 3.8% of the total assessable base of all real property assessed for county tax purposes within the sanitary district as of July 1, 1997; and

(ii) 7% of the total assessable personal property and operating real property described under § 8–109(c) of the Tax – Property Article assessed for county tax purposes within the sanitary district as of July 1, 1997.

(b) (1) In this subsection, “government obligation” means:

(i) a direct obligation of the United States; or

(ii) an obligation unconditionally guaranteed as to principal and interest by the United States.

(2) To calculate the maximum debt authorized under this section, the aggregate amount of bonds outstanding is reduced by:

(i) the amount held in the joint sinking fund account for the payment of principal of the bonds; and

(ii) the amount of any bond for which there is irrevocably deposited:

1. cash; or

2. government obligations maturing as to principal and interest at times and in amounts sufficient to provide adequate and complete payment of the principal or redemption price and interest as required on the bond.

(c) Except as otherwise provided by an act of the General Assembly of Maryland, the maximum debt level authorized under this section applies to any bond issued under an act of the General Assembly of Maryland enacted on or after July 1, 1997.
Md. Code, Commercial Law § 22-405 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-405
§22–405.
Status: in_force

(a) Unless the warranty is disclaimed or modified, if a licensor at the time of contracting has reason to know any particular purpose for which the computer information is required and that the licensee is relying on the licensor’s skill or judgment to select, develop, or furnish suitable information, the following rules apply:

(1) Except as otherwise provided in paragraph (2), there is an implied warranty that the information is fit for that purpose.

(2) If from all the circumstances it appears that the licensor was to be paid for the amount of its time or effort regardless of the fitness of the resulting information, the warranty under paragraph (1) is that the information will not fail to achieve the licensee’s particular purpose as a result of the licensor’s lack of reasonable effort.

(b) There is no warranty under subsection (a) of this section with regard to:

(1) The aesthetics, appeal, suitability to taste, or subjective quality of informational content; or

(2) Published informational content, but there may be a warranty with regard to the licensor’s selection among published informational content from different providers if the selection is made by an individual acting as or on behalf of the licensor.

(c) If an agreement requires a licensor to provide or select a system consisting of computer programs and goods, and the licensor has reason to know that the licensee is relying on the skill or judgment of the licensor to select the components of the system, there is an implied warranty that the components provided or selected will function together as a system.

(d) The warranty under this section is not subject to the preclusion in § 22-113(a)(1) of this title on disclaiming diligence, reasonableness, or care.
Md. Code, Alcoholic Beverages and Cannabis § 22-2601 — MD Code / Article gab / Title 22 / Subtitle 26 / Section 22-2601
§22–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:

(1) § 6–202 (“Inspections”);

(2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(3) § 6–205 (“Peace officers”);

(4) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);

(5) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);

(6) § 6–208 (“Regulating possession or consumption of alcohol in public places”); and

(7) § 6–209 (“Adoption of standards for authorization of consumption”).

(b) Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the county and is superseded by § 22–2602 of this subtitle.

(c) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county:

(1) § 6–204 (“Power to summon witnesses”), in addition to § 22–2604 of this subtitle; and

(2) § 6–211 (“Fines and forfeitures”), subject to § 22–2606 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 22-1102 — MD Code / Article gab / Title 22 / Subtitle 11 / Section 22-1102
§22–1102.
Status: in_force

(a) The Board may issue a refillable 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) The annual permit fee is $50.
Md. Code, Transportation § 22-416 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-416
§22–416.
Status: in_force

(a) The purpose of this section is to provide additional safety standards for private passenger automobiles, not only to afford additional protection for passengers in them, but also to eliminate damage to an automobile at a specified speed by more adequate bumper protection for the chassis of the vehicle.

(b) In this section, “private passenger automobile” means a four-wheeled motor vehicle designed principally for carrying passengers, for use on public roads and highways, and not designed for use principally as a dwelling or for camping.

(c) Every private passenger automobile manufactured on and after January 1, 1974, and sold or titled and registered in this State, shall be sold subject to the manufacturer’s warranty that it is equipped with an appropriate energy absorption system that meets the requirements for energy absorption systems set by the National Highway Traffic Safety Administration.

(d) The warranty provisions of this section are not applicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the Administration, on a form to be prescribed by it, that the particular make and model described in the certification complies with the applicable standards of this section.
Md. Code, Alcoholic Beverages and Cannabis § 22-1501 — MD Code / Article gab / Title 22 / Subtitle 15 / Section 22-1501
§22–1501.
Status: in_force

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–205 (“Chain store, supermarket, or discount house”);

(2) § 4–206 (“Limitations on retail sales floor space”);

(3) § 4–207 (“Licenses issued to minors”);

(4) § 4–209 (“Hearing”);

(5) § 4–213 (“Replacement licenses”); and

(6) § 4–214 (“Waiting periods after denial of license applications”).

(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county:

(1) § 4–202 (“Authority of local licensing boards”), subject to § 22–1502 of this subtitle;

(2) § 4–203 (“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part III, Subtitle 16, Part II, and § 22–1005.2 of this title;

(3) § 4–204 (“Prohibition against issuing multiple licenses for same premises”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part III of this title;

(4) § 4–208 (“Notice of license application required”), subject to § 22–1505 of this subtitle;

(5) § 4–210 (“Approval or denial of license application”), subject to §§ 22–1506 and 22–1507 of this subtitle;

(6) § 4–211 (“License forms; effective date; expiration”), subject to § 22–1508 of this subtitle; and

(7) § 4–212 (“License not property”), in addition to § 22–1509 of this subtitle.
Md. Code, Commercial Law § 22-701 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-701
§22–701.
Status: in_force

(a) Whether a party is in breach of contract is determined by the agreement or, in the absence of agreement, this title. A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this title or the agreement. A breach, whether or not material, entitles the aggrieved party to its remedies. Whether a breach of a contractual use term is an infringement or a misappropriation is determined by applicable informational property rights law.

(b) A breach of contract is material if:

(1) The contract so provides;

(2) The breach is a substantial failure to perform a term that is an essential element of the agreement; or

(3) The circumstances, including the language of the agreement, the reasonable expectations of the parties, the standards and practices of the business, trade, or industry, and the character of the breach, indicate that:

(A) The breach caused or is likely to cause substantial harm to the aggrieved party; or

(B) The breach substantially deprived or is likely substantially to deprive the aggrieved party of a significant benefit it reasonably expected under the contract.

(c) The cumulative effect of nonmaterial breaches may be material.
Md. Code, Alcoholic Beverages and Cannabis § 22-209 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) The Board may adopt regulations to carry out this article.

(b) (1) The Board shall hold public hearings on all proposed alterations of its regulations.

(2) At least 2 consecutive weeks before the scheduled public hearings, the Board shall:

(i) advertise the public hearings in at least one newspaper of general circulation published in the county; or

(ii) post notice of the public hearings online.
Md. Code, Public Utilities § 22-101 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

In this subtitle, “bond” means a bond, note, certificate of indebtedness, security, or other instrument evidencing debt issued and sold or offered for sale in accordance with law.
Md. Code, Alcoholic Beverages and Cannabis § 22-203 — MD Code / Article gab / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

From among its members, the Board shall elect a chair.
Md. Code, Transportation § 22-103 — MD Code / Article gtr / Title 22 / Subtitle 1 / Section 22-103
§22–103.
Status: in_force

(a) In order to assure that required devices displayed for sale, sold, offered for sale, or delivered for use in, on, or as a part of the equipment of a motor vehicle, trailer, semitrailer, or pole trailer are of a type approved by the Administrator, the Administration may maintain a program of market surveillance.

(b) On discovery of unapproved devices being sold, offered for sale, displayed for sale, or being delivered for use on any of the vehicles described in § 22-101(c) of this subtitle, notice shall be given that the seller, jobber, or wholesaler is in violation of § 22-101 and that these unapproved devices may not be sold, displayed for sale, or delivered for use on any of the vehicles described in § 22-101(c) and that any such sale, offer for sale, display for sale, or delivery for use of any unapproved devices is a violation of this title.
Md. Code, Public Utilities § 22-107 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-107
§22–107.
Status: in_force

(a) (1) The amount collected by the Commission for benefits imposed against property for water supply and sewer construction under Title 25, Subtitle 2 of this article shall be set aside in a separate fund known as the Current Bond Fund.

(2) (i) The Current Bond Fund shall be used to pay interest on all outstanding bonds.

(ii) The balance of the Current Bond Fund shall be prorated monthly and applied to:

1. the payment of the principal of maturing serial bonds; and

2. the payment into the joint Sinking Fund Account, as provided under § 22–108 of this subtitle, of the proportionate part of the principal of outstanding sinking fund bonds as the outstanding par value of both types of bonds bear to each other.

(b) To determine the amount necessary to be imposed under § 22–106 of this subtitle, the Commission shall deduct the amount to its credit in the Current Bond Fund account from the amount necessary to be raised in any 1 year for interest on all outstanding bonds.
Md. Code, State Personnel and Pensions § 22-220 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-220
§22–220.
Status: in_force

(a) This section applies only to a member who is subject to Selection B (Limited cost-of-living adjustment) on October 1, 1994.

(b) A member who is subject to Selection B (Limited cost–of–living adjustment) shall:

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

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

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

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

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

(2) have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–405 of this article; and

(3) make the member contributions at the rate specified by § 22–214(b) of this subtitle.
Md. Code, Commercial Law § 22-811 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-811
§22–811.
Status: in_force

(a) Specific performance may be ordered:

(1) If the agreement provides for that remedy, other than an obligation for the payment of money;

(2) If the contract was not for personal services and the agreed performance is unique; or

(3) In other proper circumstances.

(b) An order for specific performance may contain any conditions considered just and must provide adequate safeguards consistent with the contract to protect the confidentiality of information, information, and informational rights of both parties.
Md. Code, State Personnel and Pensions § 22-304 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-304
§22–304.
Status: in_force

(a) A member may purchase service credit as provided in subsection (b) of 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 in a single payment the member contributions the member would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.

(2) A member may pay for service credit purchased under this section at any time before retirement.

(c) (1) A member of the Employees’ Retirement System may purchase service credit for a period of employment:

(i) by the State or a participating governmental unit;

(ii) as a member of the State Police Retirement System for which the member was not vested in that State system;

(iii) when the member was on an employer-approved leave of absence not exceeding 2 years that has qualified for purchase under regulations adopted by the Board of Trustees;

(iv) by the Department of Legislative Services, the Office of the Attorney General, or as secretary to the Speaker of the House of Delegates or as secretary to the President of the Senate during a session of the General Assembly;

(v) by a member of the Senate or House of Delegates or the Office of the Secretary of the Senate or the Chief Clerk of the House of Delegates;

(vi) as a member of the Employees’ Retirement System or the Teachers’ Retirement System for which the member had withdrawn the member’s accumulated contributions after a prior termination of membership; or

(vii) when membership was mandatory but for which member contributions were not made.

(2) For service credit purchased under:

(i) paragraph (1)(iv) of this subsection, a year or part of a year of employment equals 1 year of service credit; and

(ii) paragraph (1)(v) of this subsection, employment for at least 130 days per year as a legislative employee equals 1 year of service credit.

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

(1) during which a member held an emergency teaching certificate;

(2) as a member of the State Police Retirement System for which the member was not vested in that State system;

(3) when membership was mandatory but for which member contributions were not made;

(4) when the member was on an employer-approved leave of absence not exceeding 2 years that has qualified for purchase under regulations adopted by the Board of Trustees;

(5) as a member of the Employees’ Retirement System or the Teachers’ Retirement System for which the member had withdrawn the member’s accumulated contributions after a prior termination of membership; or

(6) by the State or a participating governmental unit on a permanent basis.
Md. Code, Land Use § 22-105 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-105
§22–105.
Status: in_force

(a) A district council may establish a program for the transfer of development rights.

(b) The district council for Prince George’s County may by local law create a program for the purchase of development rights under Title 25, Subtitle 6 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 22-1505 — MD Code / Article gab / Title 22 / Subtitle 15 / Section 22-1505
§22–1505.
Status: in_force

(a) Before holding a hearing for an application for a license, the Board shall:

(1) publish notice of the application two times in 2 successive weeks in one newspaper of general circulation published in the county; or

(2) post notice of the application hearing online at least 14 days before the application hearing date.

(b) (1) For a hearing for an application for a new license or an upgrade to an existing license, the Board shall post a notice in a conspicuous location on the exterior of the location described in the application.

(2) The notice shall be on a sign that measures at least 12 by 18 inches and include:

(i) the class of license for which application is made;

(ii) the name of the applicant; and

(iii) the date, time, and location for the application hearing.

(3) The notice shall remain posted for 20 days before the hearing.

(c) (1) The Board shall publish its decision on an application for a new license, an upgrade of an existing license, or a change of location of an existing license:

(i) in one newspaper of general circulation published in the county; or

(ii) on the Board’s website.

(2) The decision shall state the name of the license holder, the type of license, and the location of the premises.
Md. Code, Land Use § 22-108 — MD Code / Article glu / Title 22 / Subtitle 1 / Section 22-108
§22–108.
Status: in_force

(a) The purposes of this section are to:

(1) protect the historical, archaeological, architectural, or cultural heritage areas in Montgomery County and Prince George’s County that comprise the regional district; and

(2) preserve and enhance the quality of life in the community.

(b) In addition to the power to regulate planning, zoning, or subdivision, a district council may adopt local laws to protect, preserve, and enhance, as designated on the adopted and approved general plan:

(1) sites;

(2) structures and their appurtenances and environmental settings; and

(3) districts of historical, archaeological, architectural, or cultural value.

(c) (1) The enactment and application of a local law under this section shall be:

(i) reasonable and appropriate to the purpose of this subtitle; and

(ii) limited to the protection, preservation, and enhancement of the exterior of the site, structure, or district.

(2) If the enactment or application of a local law by the district council effects a taking of private property, the district council shall make provision for just compensation.
Md. Code, Public Utilities § 22-210 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-210
§22–210.
Status: in_force

(a) Bonds issued under this subtitle, including their interest and any profit from their sale or exchange, are exempt from taxation by the State and its counties and municipalities.

(b) If bonds are issued under this subtitle with the expectation that their interest may be excluded from the gross income of the bondholders, the Commission shall enter into all agreements and make all certifications necessary or advisable to show compliance with the applicable provisions of federal tax law.
Md. Code, Commercial Law § 22-810 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-810
§22–810.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, an aggrieved party, upon notifying the party in breach of contract of its intention to do so, may deduct all or any part of the damages resulting from the breach from any payments still due under the same contract.

(b) If a breach of contract is not material with reference to the particular performance, an aggrieved party may exercise its rights under subsection (a) of this section only if the agreement does not require further affirmative performance by the other party and the amount of damages deducted can be readily liquidated under the agreement.
Md. Code, Public Utilities § 22-208 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-208
§22–208.
Status: in_force

Bonds issued under this subtitle are not subject to the limitations of §§ 22–102(b) and 22–1035 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 22-601 — MD Code / Article gab / Title 22 / Subtitle 6 / Section 22-601
§22–601.
Status: in_force

A Class A beer license may not be issued in the county.
Md. Code, State Personnel and Pensions § 22-213 — MD Code / Article gsp / Title 22 / Subtitle 2 / Section 22-213
§22–213.
Status: in_force

On or after January 1, 2005, a former member who has elected a vested allowance under § 29-302 of this article may not elect to be vested in:

(1) the Employees’ Pension System, if a former member of the Employees’ Retirement System; or

(2) the Teachers’ Pension System, if a former member of the Teachers’ Retirement System.
Md. Code, Transportation § 22-219 — MD Code / Article gtr / Title 22 / Subtitle 2 / Section 22-219
§22–219.
Status: in_force

(a) Any vehicle may be equipped with and, when required under the Maryland Vehicle Law, shall be equipped with a stop lamp or lamps on the rear of the vehicle, which:

(1) Shall display a red light, visible from a distance of not less than 300 feet to the rear in normal sunlight;

(2) Shall be actuated on application of the service brake; and

(3) May, but need not, be incorporated with one or more other rear lamps.

(b) Any vehicle may be equipped with and, when required under § 22-206(b) of this subtitle, shall be equipped with electric turn signals that indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made.

(c) The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber.

(d) The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber.

(e) Turn signal lamps on vehicles 80 inches or more in overall width shall be visible from a distance of not less than 500 feet in normal sunlight.

(f) Turn signal lamps on vehicles less than 80 inches wide shall be visible at a distance of not less than 300 feet in normal sunlight.

(g) No lamp may project a glaring or dazzling light.

(h) Turn signal lamps may, but need not, be incorporated in other lamps on the vehicle.
Md. Code, Land Use § 22-402 — MD Code / Article glu / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

(a) (1) Judicial review of a final action of the district council on an application for an individual map amendment or a sectional map amendment may be requested by:

(i) a person aggrieved by the action; or

(ii) a 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 district council takes the final action.

(3) The court may:

(i) affirm or reverse the action;

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

(iii) dismiss the petition.

(b) (1) When a petition for judicial review is filed, a copy of the petition shall be served on the district council in accordance with Maryland Rule 7–202(d).

(2) On receiving a copy of the petition, the district council shall:

(i) promptly give notice of the petition to all parties to the proceeding before it; and

(ii) within 30 days after the filing of the petition, file with the circuit court:

1. the originals or certified copies of all papers and evidence presented to the district council in the proceeding before it; and

2. a copy of its opinion and resolution deciding the application.

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

(4) The review proceedings provided by this section are exclusive.

(c) (1) The action of the district council shall be considered final unless, within 30 days after the action, the district council, on its own motion for any reason, reconsiders the action.

(2) The time for appeal provided in this section shall be stayed until any reconsideration is concluded.
Md. Code, Commercial Law § 22-107 — MD Code / Article gcl / Title 22 / Subtitle 1 / Section 22-107
§22–107.
Status: in_force

(a) A record or authentication may not be denied legal effect or enforceability solely because it is in electronic form.

(b) This title does not require that a record or authentication be generated, stored, sent, received, or otherwise processed by electronic means or in electronic form.

(c) In any transaction, a person may establish requirements regarding the type of authentication or record acceptable to it.

(d) A person that uses an electronic agent that it has selected for making an authentication, performance, or agreement, including manifestation of assent, is bound by the operations of the electronic agent, even if no individual was aware of or reviewed the agent’s operations or the results of the operations.
Md. Code, State Government § 22-202 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

A public employer shall extend to an exclusive representative the right to:

(1) represent public employees in:

(i) negotiations notwithstanding the existence of an agreement with an employee organization that is no longer certified or recognized; and

(ii) the settlement of grievances;

(2) (i) on request, information from a public employer relevant to the administration and negotiation of an agreement or the proper performance of the employee organization’s duties as the public employees’ representative; and

(ii) have the information requested under item (i) of this item made available as soon as practicable, but not later than 30 days after the public employer receives the request; and

(3) communicate with its members and elected officials, in a manner and at times at its discretion, concerning issues relevant to the administration and negotiation of an agreement.
Md. Code, Land Use § 22-213 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-213
§22–213.
Status: in_force

This part applies only in Prince George’s County.
Md. Code, Transportation § 22-407 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-407
§22–407.
Status: in_force

(a) A person may not drive any truck with a registered gross weight in excess of 10,000 pounds, any passenger bus, any truck tractor, or any motor vehicle towing a mobile home, on any highway outside the corporate limits of municipal corporations at any time from a half hour after sunset to a half hour before sunrise unless there is carried in the vehicle the following equipment, except as provided in subsection (b) of this section:

(1) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime;

(2) At least three red-burning fusees having a burning period of at least 15 minutes, unless red electric lanterns or red portable emergency reflectors are carried; and

(3) At least two red flags, not less than 12 inches square, with standards to support the flags.

(b) A person may not drive at the time and under the conditions stated in subsection (a) any motor vehicle used to carry explosives, any cargo tank truck used to carry flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel, unless there is carried in the vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsections (a) and (d) of this section.

(c) A person may not carry in a motor vehicle used to carry explosives, a cargo tank truck used to carry flammable liquids or compressed gases, or a motor vehicle using compressed gas as a fuel, a flare, fusee, or signal produced by flame.

(d) (1) No flare, fusee, electric lantern, warning device, or warning flag may be used to comply with this section unless the equipment is of a type that has been submitted to and approved by the Administrator.

(2) After June 30, 1974, no portable reflector warning device may be used to equip a vehicle that is required by this section to be so equipped unless it meets the requirements specified in the applicable federal motor vehicle safety standards. Vehicles equipped with portable reflector devices before July 1, 1974, may continue to use a device conforming to the requirements of a Type 2 device as specified in the Society of Automotive Engineers recommended standards until such time as the device is replaced. Replacement devices shall conform to the applicable federal standards.
Md. Code, Transportation § 22-417 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-417
§22–417.
Status: in_force

Effective September 1, 1973, all school buses operating in Maryland and used for the transportation of children to and from public or nonpublic schools shall be equipped with seat back crash pads meeting the rules, regulations, and specifications established by the Administration.
Md. Code, Alcoholic Beverages and Cannabis § 22-1704 — MD Code / Article gab / Title 22 / Subtitle 17 / Section 22-1704
§22–1704.
Status: in_force

The Board may not transfer the location or ownership of:

(1) a license for use in a business that is intended to be operated as a drive–through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption; or

(2) an off–sale license with the privilege of operating the premises as a drive–through purchase facility.
Md. Code, Alcoholic Beverages and Cannabis § 22-1005.4 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1005.4
§22–1005.
Status: in_force

§22–1005.4.

(a) In this section, “resort complex” means a parcel or contiguous parcels of land:

(1) of at least 10 acres;

(2) under common ownership; and

(3) with facilities that:

(i) include lodging, conference spaces, meeting spaces, active outdoor open spaces, waterfront beach activities, or a marina;

(ii) serve the public; and

(iii) resulted in a capital investment of at least $500,000 exclusive of the cost of the land.

(b) There is a resort complex license.

(c) The Board may issue one resort complex license to the person owning, leasing, or operating a resort complex.

(d) The license authorizes the license holder to sell beer, wine, and liquor from:

(1) one or more outlets in the resort complex where the beer, wine, and liquor may be consumed in conjunction with recreation or the playing of music and dancing at designated locations in the resort complex;

(2) one or more outlets in the resort complex that operate as a restaurant;

(3) bars or counters at one or more locations in the resort complex daily for on–premises consumption;

(4) one designated outlet in the resort complex for culinary education and entertainment which may include off–premises consumption; and

(5) one designated outlet in the resort complex for off–premises consumption.

(e) A license holder may serve alcoholic beverages:

(1) at one or more outside outlets in the resort complex on Monday through Sunday, from 6 a.m. to midnight;

(2) at one or more inside outlets in the resort complex:

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

(ii) on Sunday, from 6 a.m. to midnight; and

(3) at one designated outlet for off–premises consumption:

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

(ii) on Sunday, from 6 a.m. to midnight.

(f) A resort complex license is exempt from any quota or restriction on off–sale licenses issued for the election district in which the resort complex is located.

(g) (1) Certain areas in a resort complex may be excluded from the portion of the property that is considered to be the licensed premises.

(2) A person other than the resort complex license holder may obtain a different class of license for an area excluded under paragraph (1) of this subsection.

(h) (1) Subject to paragraph (2) of this subsection, a resort complex for which the license is issued is subject to the alcohol awareness training requirements under § 4–505 of this article.

(2) The Board may determine the minimum number of employees from each outlet in the resort complex that must complete the alcohol awareness training required under this subsection.

(i) (1) The initial license fee is $3,500.

(2) Beginning May 1, 2023, the annual license fee is $4,000.
Md. Code, Commercial Law § 22-807 — MD Code / Article gcl / Title 22 / Subtitle 8 / Section 22-807
§22–807.
Status: in_force

(a) Except as otherwise provided in the contract, an aggrieved party may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party to take measures reasonable under the circumstances is on the party in breach of contract.

(b) A party may not recover:

(1) Consequential damages for losses resulting from the content of published informational content unless the agreement expressly so provides; or

(2) Damages that are speculative.

(c) The remedy for breach of contract for disclosure or misuse of information that is a trade secret or in which the aggrieved party has a right of confidentiality includes as consequential damages compensation for the benefit obtained as a result of the breach.

(d) For purposes of this title, market value is determined as of the date of breach of contract and the place for performance.

(e) Damages or expenses that relate to events after the date of entry of judgment must be reduced to their present value as of that date. In this subsection, “present value” means the amount, as of a date certain, of one or more sums payable in the future or the value of one or more performances due in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties in their agreement unless that rate was manifestly unreasonable when the agreement was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the circumstances of each case when the agreement was entered into.
Md. Code, Commercial Law § 22-708 — MD Code / Article gcl / Title 22 / Subtitle 7 / Section 22-708
§22–708.
Status: in_force

(a) A contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may:

(1) Demand in a record adequate assurance of due performance; and

(2) Until that assurance is received, if commercially reasonable, suspend any performance, other than with respect to contractual use terms, for which the agreed return performance has not been received.

(b) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered is determined according to commercial standards.

(c) Acceptance of any improper delivery or payment does not impair an aggrieved party’s right to demand adequate assurance of future performance.

(d) After receipt of a justified demand under subsection (a) of this section, failure, within a reasonable time not exceeding 30 days, to provide assurance of due performance which is adequate under the circumstances of the particular case is a repudiation of the contract under § 22-709 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 22-503 — MD Code / Article gab / Title 22 / Subtitle 5 / Section 22-503
§22–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
Md. Code, Commercial Law § 22-402 — MD Code / Article gcl / Title 22 / Subtitle 4 / Section 22-402
§22–402.
Status: in_force

(a) Subject to subsection (c) of this section, an express warranty by a licensor is created as follows:

(1) An affirmation of fact or promise made by the licensor to its licensee, including by advertising, which relates to the information and becomes part of the basis of the bargain creates an express warranty that the information to be furnished under the agreement will conform to the affirmation or promise.

(2) Any description of the information which is made part of the basis of the bargain creates an express warranty that the information will conform to the description.

(3) Any sample, model, or demonstration of a final product which is made part of the basis of the bargain creates an express warranty that the performance of the information will reasonably conform to the performance of the sample, model, or demonstration, taking into account differences that would appear to a reasonable person in the position of the licensee between the sample, model, or demonstration and the information as it will be used.

(b) It is not necessary to the creation of an express warranty that the licensor use formal words, such as “warranty” or “guaranty”, or state a specific intention to make a warranty. However, an express warranty is not created by:

(1) An affirmation or prediction merely of the value of the information or informational rights;

(2) A display or description of a portion of the information to illustrate the aesthetics, appeal, suitability to taste, subjective quality, or the like of informational content; or

(3) A statement purporting to be merely opinion or commendation of the information or informational rights.

(c) An express warranty or similar express contractual obligation, if any, exists with respect to published informational content covered by this title to the same extent that it would exist if the published informational content had been published in a form that placed it outside this title. However, if the warranty or similar express contractual obligation is breached, the remedies of the aggrieved party are those under this title and the agreement.
Md. Code, Education § 22-203 — MD Code / Article ged / Title 22 / Subtitle 2 / Section 22-203
§22–203.
Status: in_force

This subtitle does not affect the other jurisdiction of the State Board of Education, the State Superintendent of Schools, the Maryland Higher Education Commission, or the Secretary of Higher Education.
Md. Code, Transportation § 22-610 — MD Code / Article gtr / Title 22 / Subtitle 6 / Section 22-610
§22–610.
Status: in_force

(a) A person may not sell or offer for sale in this State for use as part of the equipment of a motor vehicle any exhaust muffler, intake muffler, or other noise abatement device that, when installed, will permit the vehicle to be operated in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

(b) (1) The manufacturer of each exhaust muffler, intake muffler, or other noise abatement device sold in this State for use as part of the equipment of a motor vehicle shall file with the Administration a written certification that the particular device, when installed for its intended application, complies with the requirements of this section.

(2) The certification shall be on the form that the Administration requires.
Md. Code, Alcoholic Beverages and Cannabis § 22-1003 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1003
§22–1003.
Status: in_force

(a) There is a Class GC (golf course) beer, wine, and liquor license.

(b) The Board may issue the license to the owner or operator of a golf course that:

(1) is open to the public;

(2) is operated for profit; and

(3) has a minimum of 18 holes.

(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.

(2) A patron need not be seated to be served.

(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 § 22-2701 — MD Code / Article gab / Title 22 / Subtitle 27 / Section 22-2701
§22–2701.
Status: in_force

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation:

(1) § 6–305 (“Proof of age for sale of alcoholic beverages”);

(2) § 6–306 (“Defense to prosecution for sale to underage individual”);

(3) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”);

(4) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);

(5) § 6–310 (“Providing free food”);

(6) § 6–311 (“Restrictions on purchases and sales by retail dealer”);

(7) § 6–312 (“Beverage misrepresentation”);

(8) § 6–313 (“Tampering with alcoholic beverage container”);

(9) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);

(10) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);

(11) § 6–316 (“Maximum alcohol content”);

(12) § 6–317 (“Multiple serving purchase required”);

(13) § 6–320 (“Disorderly intoxication”);

(14) § 6–321 (“Consumption of alcoholic beverages in public”);

(15) § 6–323 (“Possession or use of Alcohol Without Liquid machine”);

(16) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);

(17) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);

(18) § 6–328 (“Tax evasion”);

(19) § 6–329 (“Destruction of evidence”); and

(20) § 6–330 (“Perjury”).

(b) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county:

(1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”), subject to § 22–2702 of this subtitle;

(2) §§ 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”) and 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”), subject to § 22–2703 of this subtitle; and

(3) § 6–322 (“Possession of open container”), subject to § 22–2704 of this subtitle.
Md. Code, Public Utilities § 22-102 — MD Code / Article gpu / Title 22 / Subtitle 1 / Section 22-102
§22–102.
Status: in_force

(a) The Commission may issue bonds of the sanitary district in amounts necessary to carry on its work, including for:

(1) acquisition, design, construction, reconstruction, establishment, extension, enlargement, or condemnation of the water and sewer systems in the sanitary district or in an area where extension of the systems may be authorized by law;

(2) acquisition of land or equipment for, or construction, remodeling, enlargement, or replacement of any office or operating building necessary to administer or operate the systems; or

(3) design and construction of trunk sewers and sewers or portions of sewer lines required to relieve septic tank failures and for which no front foot benefit charges can be collected as determined by the Commission, and sewage pumping stations and sewage disposal facilities, including reimbursement to the District of Columbia or other federal authorities for any construction within the District of Columbia.

(b) (1) The Commission may issue bonds of the sanitary district for the acquisition of capital equipment in amounts necessary to carry on its work, including:

(i) computer equipment;

(ii) laboratory equipment;

(iii) maintenance field and yard equipment;

(iv) office equipment;

(v) telecommunication equipment; and

(vi) trucks and fleet vehicles.

(2) The bonds may be issued only to finance the acquisition of equipment:

(i) with a useful life of 4 to 7 years;

(ii) that the Commission expects to finance over a period of 4 years or less; and

(iii) for which the Commission budgets accordingly.

(3) The principal of the bonds issued under this subsection shall be payable annually beginning not more than 1 year after the date of issue.

(4) The bonds issued under this subsection shall mature not more than 4 years after the date of issue.

(5) The aggregate amount of bonds issued under this subsection outstanding at any time may not exceed $15,000,000, subject to annual upward adjustment in accordance with the Consumer Price Index – All Urban Consumers (CPI–U), for the Washington, DC–MD–VA metropolitan area, over the base year 1997.

(c) Except as otherwise provided in this section, bonds issued under this section shall be issued as serial bonds with the principal payable annually, beginning no later than 3 years from the date of issue.

(d) (1) The bonds shall:

(i) be issued in denominations determined by the Commission;

(ii) bear interest annually at rates the Commission determines to be advantageous to the sanitary district and in the public interest; and

(iii) mature no later than 40 years from the date of issue.

(2) The bonds may be:

(i) registered or coupon bonds; or

(ii) registrable as to principal with interest represented by coupons.

(3) The interest on the bonds shall be payable semiannually.

(e) (1) Notwithstanding any other provision of law, the Commission may issue bonds that have a maturity of more than 1 year as fully registered bonds without coupons.

(2) The Commission may determine the form of the bonds issued under paragraph (1) of this subsection for the purposes of:

(i) qualifying the interest on the bonds for exemption from federal income tax; and

(ii) conforming to standards and practices for the registration and transfer of bonds generally followed by banks and trust companies acting as registrars and transfer agents of bonds, including:

1. signing of bonds by facsimile signatures of Commission officers;

2. authentication of bonds by the manual signature of an officer of a bank or trust company signing as the registrar or transfer agent;

3. maintenance by registrars or transfer agents of records of owners of bonds;

4. complying with the standard record date system for payment of interest;

5. issuing bonds on the basis of book entries and certificates; and

6. complying with requirements for the form of bond that is acceptable to central depositories used in the marketing and trading of municipal bond issues.

(f) The bonds of the sanitary district or of the Commission are forever exempt from taxation by the State and counties and municipalities in the State.

(g) The bonds may be made redeemable before maturity at the option of the Commission at the prices and under terms and conditions that the Commission sets before the bonds are issued.
Md. Code, Transportation § 22-412.4 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-412.4
§22–412.
Status: in_force

§22–412.4.

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

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

(3) “Vehicle” means an emergency vehicle purchased or leased by the State, a county, municipality, or volunteer fire department or rescue squad and operated by a:

(i) State, county, or municipal fire department;

(ii) Volunteer fire department; or

(iii) Rescue squad.

(b) A vehicle registered in the State and manufactured and assembled after January 1, 1990 shall be equipped with a seat belt or safety restraining device approved by the local authority having jurisdiction for each position on the vehicle that may be lawfully occupied by a passenger.

(c) (1) The failure of a person to use a seat belt or restraining device required under 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;

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

(v) Be considered a moving violation for purposes of § 16–402 of this article.

(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 required under this section.

(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.
Md. Code, State Government § 22-401 — MD Code / Article gsg / Title 22 / Subtitle 4 / Section 22-401
§22–401.
Status: in_force

(a) Except as otherwise provided in this subtitle, the Board shall conduct an election for an exclusive representative of a bargaining unit if:

(1) a valid petition is filed in accordance with § 22–402 of this subtitle; and

(2) the bargaining unit involved in the petition is determined to be an appropriate bargaining unit under § 22–403 of this subtitle.

(b) The Board may not conduct an election for an exclusive representative of a bargaining unit if the Board has conducted an election or certified an exclusive representative for that bargaining unit within the immediately preceding 12 months.

(c) (1) An exclusive representative or a bargaining unit in existence on June 30, 2023:

(i) shall continue without the requirement of an election and certification until a question concerning representation is raised under this title; or

(ii) until the Board finds the unit not to be appropriate after challenge by the public employer, a member of the unit, or an employee organization.

(2) (i) The appropriateness of the unit may not be challenged until the expiration of any collective bargaining agreement in effect on June 30, 2023.

(ii) The Board may not modify any bargaining unit determined under existing law.
Md. Code, Transportation § 22-101 — MD Code / Article gtr / Title 22 / Subtitle 1 / Section 22-101
§22–101.
Status: in_force

(a) (1) A person may not drive and the owner may not cause or knowingly permit to be driven on any highway any vehicle or combination of vehicles that:

(i) Is in such unsafe condition as to endanger any person;

(ii) Does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in this title; or

(iii) Is equipped in any manner in violation of this title.

(2) A person may not do any act forbidden or fail to do any act required under this title.

(b) (1) Nothing contained in this title shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this title.

(2) A person may not operate work equipment that is added to a vehicle for a designated purpose other than driving the vehicle on a highway while the vehicle is being driven on a highway unless the vehicle is being used to conduct authorized work on the highway.

(3) A person may not operate on a vehicle equipment that is intended for off–road use while the vehicle is being driven on a highway.

(c) A person may not display for sale, sell, offer for sale, or deliver for use in, on, or as a part of any motor vehicle, trailer, semitrailer, or pole trailer, any headlamp, auxiliary or fog lamp, rear lamp, warning lamp, reflector, glazing material, hydraulic brake fluid, brake lining, antifreeze, seat belt, shoulder harness, or seat belt and shoulder harness assembly, or any other item of equipment or device, including eye-protective devices and protective helmets, required to be approved by the Administrator, unless the device is of a type that has been submitted to the Administrator or his authorized agent and has been approved by him.

(d) A person may not display for sale, sell, offer for sale, or deliver for use in, on, or as a part of any motor vehicle, trailer, semitrailer, or pole trailer, any device required to be approved by the Administrator, unless the device bears on it or, where applicable, on the container in which it is sold, the trademark or name under which it has been approved.

(e) (1) The provisions of this title with respect to equipment on vehicles do not apply to farm equipment, road machinery, road rollers, farm tractors, mopeds, or motor scooters, except as made applicable in this title.

(2) (i) Subject to subparagraph (ii) of this paragraph, this title does not apply to low speed vehicles.

(ii) 1. A low speed vehicle shall comply with federal standards under 49 C.F.R. 571.500.

2. The Administration may adopt regulations that require equipment for low speed vehicles in addition to equipment required under federal law.
Md. Code, Alcoholic Beverages and Cannabis § 22-1001.1 — MD Code / Article gab / Title 22 / Subtitle 10 / Section 22-1001.1
§22–1001.
Status: in_force

§22–1001.1.

(a) There is a Class B–BB (bed and breakfast) beer, wine, and liquor license.

(b) The Board may issue the license to a license holder who is approved by the appropriate local governmental unit to operate a bed and breakfast that:

(1) provides services ordinarily provided by a bed and breakfast;

(2) has at least one room but not more than 10 rooms, each with sleeping accommodations, excluding resident management quarters, that the public for consideration may use for a specified time; and

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

(c) The license authorizes the license holder to sell beer, wine, and liquor to a guest if:

(1) the name and address of the guest appears on the registry that the bed and breakfast maintains; and

(2) the guest is an occupant of a sleeping room in the bed and breakfast.

(d) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption to a guest of a catered event at the bed and breakfast if:

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

(2) the license holder caters the event; and

(3) food is served at the catered event.

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

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

(1) is not a guest of the bed and breakfast; or

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

(g) (1) A bed and breakfast may not be operated only to sell or provide beer, wine, and liquor.

(2) If the bed and breakfast ends operations as a bed and breakfast:

(i) the license is void; and

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

(h) The Board shall adopt regulations to:

(1) carry out this section; and

(2) ensure that the primary purpose of the license is to allow the license holder to operate a bed and breakfast.

(i) The annual license fee is $1,000.
Md. Code, Alcoholic Beverages and Cannabis § 22-807 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-807
§22–807.
Status: in_force

(a) There is:

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

(2) a Class C–2 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 fraternal 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) $350 for a 6–day license; and

(2) $425 for a 7–day license.
Md. Code, Land Use § 22-202 — MD Code / Article glu / Title 22 / Subtitle 2 / Section 22-202
§22–202.
Status: in_force

(a) This section applies to any zoning law that imposes a more restrictive height limitation, lesser percentage of lot occupancy, wider or larger courts, deeper yards, or other more restrictive limitations than those provided by State, county, municipal, or other local regulations.

(b) A zoning law described in subsection (a) of this section shall prevail in the area where it is imposed over the limitations provided by State, county, municipal, or other local regulations.
Md. Code, Transportation § 22-402.2 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-402.2
§22–402.
Status: in_force

§22–402.2.

(a) In this section, “dealer” has the meaning stated in § 15-101 of this article.

(b) A dealer may not sell or offer for sale a vehicle on which an exhaust emission control, gasoline tank filler inlet, or crankcase ventilation device described under § 22-402.1 of this subtitle is removed or altered.
Md. Code, Commercial Law § 22-503 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-503
§22–503.
Status: reserved

The following rules apply to a transfer of a contractual interest:

(1) A party’s contractual interest may be transferred unless the transfer:

(A) Is prohibited by other law; or

(B) Except as otherwise provided in paragraph (3) of this subsection, would materially change the duty of the other party, materially increase the burden or risk imposed on the other party, or materially impair the other party’s property or its likelihood or expectation of obtaining return performance.

(2) Except as otherwise provided in paragraph (3) of this subsection and § 22-508(a)(1)(B) of this subtitle, a term prohibiting transfer of a party’s contractual interest is enforceable, and a transfer made in violation of that term is a breach of contract and is ineffective to create contractual rights in the transferee against the nontransferring party, except to the extent that:

(A) The contract is a license for incorporation or use of the licensed information or informational rights with information or informational rights from other sources in a combined work for public distribution or public performance and the transfer is of the completed, combined work; or

(B) The transfer is of a right to payment arising out of the transferor’s due performance of less than its entire obligation and the transfer would be enforceable under paragraph (1) in the absence of the term prohibiting transfer.

(3) A right to damages for breach of the whole contract or a right to payment arising out of the transferor’s due performance of its entire obligation may be transferred notwithstanding an agreement otherwise.

(4) A term that prohibits transfer of a contractual interest under a mass-market license by the licensee must be conspicuous.
Md. Code, Commercial Law § 22-506 — MD Code / Article gcl / Title 22 / Subtitle 5 / Section 22-506
§22–506.
Status: reserved

(a) If all or any part of a licensee’s interest in a license is transferred, voluntarily or involuntarily, the transferee does not acquire an interest in information, copies, or the contractual or informational rights of the licensee unless the transfer is effective under § 22-503 or § 22-508(a)(1)(B) of this subtitle. If the transfer is effective, the transferee takes subject to the terms of the license.

(b) Except as otherwise provided under trade secret law, a transferee acquires no more than the contractual interest or other rights that the transferor was authorized to transfer.
Md. Code, Alcoholic Beverages and Cannabis § 22-806 — MD Code / Article gab / Title 22 / Subtitle 8 / Section 22-806
§22–806.
Status: in_force

(a) There is:

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

(2) a Class C–1 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 patriotic or war veterans 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) $150 for a 6–day license; and

(2) $225 for a 7–day license.
Md. Code, Public Utilities § 22-209 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-209
§22–209.
Status: in_force

(a) The Commission may enter into a trust agreement to secure bonds issued under this subtitle.

(b) The trustee under the trust agreement may be a bank or trust company that has the powers of a trust company in or outside the State.

(c) The trust agreement may pledge or assign all revenues from one or more projects as specified by the Commission.

(d) The trust agreement may provide for the protection and enforcement of the rights and remedies of the bondholders, including:

(1) covenants setting forth the duties of the Commission regarding:

(i) construction, acquisition, improvement, installation, maintenance, operation, repair, and insurance of a project; and

(ii) custody, safeguarding, and application of all money;

(2) the establishment and funding of reserve funds;

(3) requirements that a project be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Commission; and

(4) statements of the rights and remedies of the bondholders and of the trustee, which may restrict the individual right of action of bondholders.
Md. Code, Local Government § 22-111 — MD Code / Article glg / Title 22 / Subtitle 1 / Section 22-111
§22–111.
Status: in_force

If multiple counties or municipalities establish a Resilience Authority:

(1) each shall be considered an incorporating local government; and

(2) the counties or municipalities shall file jointly articles of incorporation or articles of amendment in accordance with § 22–102 of this subtitle.
Md. Code, State Government § 22-205 — MD Code / Article gsg / Title 22 / Subtitle 2 / Section 22-205
§22–205.
Status: in_force

(a) A public employer is prohibited from engaging in a lockout.

(b) Public employees are prohibited from engaging in a strike.

(c) A public employer or an employee organization may not interfere with, intimidate, restrain, coerce, or discriminate against a public employee because the public employee exercises rights granted under this title.
Md. Code, Alcoholic Beverages and Cannabis § 22-2202 — MD Code / Article gab / Title 22 / Subtitle 22 / Section 22-2202
§22–2202.
Status: in_force

The Board may authorize the closing of a licensed premises for not more than 9 months if:

(1) the Board determines that the licensed premises is seasonally operated; and

(2) the license holder submits a written request to the Board at least 30 days before:

(i) the anticipated date of closing; and

(ii) the anticipated date of reopening.
Md. Code, Alcoholic Beverages and Cannabis § 22-1309.1 — MD Code / Article gab / Title 22 / Subtitle 13 / Section 22-1309.1
§22–1309.
Status: in_force

§22–1309.1.

(a) The fee for a Class C per diem beer license or a Class C per diem beer and wine license is $15 per day.

(b) The fee for a Class C per diem beer, wine, and liquor license is $30 per day.
Md. Code, Transportation § 22-404.5 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-404.5
§22–404.
Status: in_force

§22–404.5.

(a) In this section, “power booster system” means any device installed in a motor vehicle which allows liquid nitrous oxide to combine with gasoline for the purpose of increasing engine power.

(b) Except as provided in subsection (c) of this section, a person may not operate on a highway a motor vehicle equipped with a power booster system.

(c) A person may operate on a highway a motor vehicle equipped with a power booster if:

(1) The vehicle is enroute to or from a track where the vehicle is used for racing and the power booster system is inoperative; or

(2) The container of nitrous oxide has been removed from the vehicle.

(d) Every motor vehicle equipped with a power booster system shall be identified with a decal that:

(1) Is a diamond shaped design consisting of the words “Compressed Gas D.O.T. No. 1070” in silver scotchlite letters 1 inch high on a black background with a silver scotchlite border;

(2) Is issued by the Office of the Fire Marshal or from a nitrous oxide industry source; and

(3) Is attached to the left front and right rear bumper of the vehicle.

(e) The Office of the Fire Marshal may adopt regulations necessary to carry out the provisions of this section.

(f) The Office of the Fire Marshal or nitrous oxide industry source that issues the vehicle identification decal may charge a fee for the issuance of a vehicle identification decal not to exceed the reasonable cost of preparation and distribution.

(g) A person convicted of a violation of this section is subject to a fine not exceeding $1,000.
Md. Code, State Personnel and Pensions § 22-303 — MD Code / Article gsp / Title 22 / Subtitle 3 / Section 22-303
§22–303.
Status: reserved

Eligibility service for a member of the Employees’ Retirement System or the Teachers’ Retirement System consists of service credit:

(1) for employment as a member;

(2) transferred from a retirement or pension system under Title 37 of this article or Title 31, Subtitle 1 of this article;

(3) for military service, as provided in Title 38 of this article;

(4) purchased under this subtitle; and

(5) that equals, for a member who has transferred between the Employees’ Retirement System and the Teachers’ Retirement System, the member’s eligibility service recognized under the previous system through the date before the member became a member of the current system.
Md. Code, Transportation § 22-413 — MD Code / Article gtr / Title 22 / Subtitle 4 / Section 22-413
§22–413.
Status: in_force

(a) A person may not drive any bus, truck, trailer, or semitrailer on any highway in this State, unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination of vehicles to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

(b) A person may not cause to be driven any bus, truck, trailer, or semitrailer on any highway in this State, unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination of vehicles to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

(c) A person may not permit to be driven any bus, truck, trailer, or semitrailer on any highway in this State, unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination of vehicles to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

(d) The protectors or flaps shall have a ground clearance of not more than one-third of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle. However, no protector or flap need be closer to the ground than 6 inches under any condition of loading. The protector or flap shall extend laterally at least the width of the tire or tires being protected.

(e) If any bus, truck, trailer, or semitrailer, is so designed or constructed that the objectives in subsection (a) of the section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied.

(f) This section does not apply to any farm tractor or to any vehicle registered as a farm truck or to uncoupled truck tractors or to pole trailers or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
Md. Code, Public Utilities § 22-201 — MD Code / Article gpu / Title 22 / Subtitle 2 / Section 22-201
§22–201.
Status: in_force

(a) This subtitle shall be liberally construed to carry out its purposes.

(b) The purpose of this subtitle is to authorize the Commission to issue bonds in a manner that provides flexibility without imposing additional debt burdens on the assessable tax base of the sanitary district, so as to yield overall savings to the residents of the sanitary district.

(c) This subtitle does not apply to debt issued by the Commission under Subtitle 1 of this title.