Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1939-08-17
PUBLIC GENERAL LAWS


carriage cost shall be deemed to be three.
fOurths ~ Of one per cent. OF the cost
Of the merchandise to the retailer as
herein defined, unless said retailer
claims and proves a lower carriage cost,
and go a mark up to cover In part the
cost Of doing business. which mark-up,
In the absence of proof OF a lesser cost,
shall be six (6) per cent. Of the total
cost at retail outlet.
ID When used In this Act, the term
cost to the wholesaler" shall mean the
invoice cost of the merchandise to the
wholesaler, or the replacement cost OF
the merchandise to the wholesaler, In
the quantity last purchased, whichever
is lower; less all trade discounts except
customary discounts for cash; to which
shall be added a. freight charges not
otherwise included in the cost of the
merchandise. and 81 carriage. to the re-
wholesaler, which carriage shall be
deemed to be three-fourths ~ Of one
per cent of the cost OF the merchandise
to the wholesaler as herein defined, I'M
less said wholesaler claims and proves a
lower carriage cost.
(c) Where two or more items are ad-
vertlsed, offered for sale or sold at a
combined price, the price OF each item
named shall be governed by the pro-
visions of paragraphs (a) or (b), re-
spectively, of this section.
(d) The terms cost to the retailer"
and cost to the Wholesaler" as de-
fined in paragraphs (a) and lb) shall
mean bona fide costs; and sales to con-
prices which cannot be justified by ex-
listing market conditions within this
state shall not be used as q basis for
computing costs with respect to sales
by retailers and wholesalers.
lei The terms "sell at retail" "sales
at retail" and retail sale" shall mean
and include any transfer for valuable
consideration, made In the ordinary
course Of trade or In the usual prose-
cutlon Of the sellers business Of title to
chaser for consumption or use. other
than resale or further processing or
manufacturing. The above terms shall
include any transfer Of such property
where title Is retained by the seller as
security for the payment Of such pur-
(f) The terms "sell at wholesale"
SALES at wholesale" and wholesale
sales" shall mean and include any trans
fer for q valuable consideration made in
the ordinary course OF trade or the
usual prosecution of the sellers bust
ness, Of title to tangible personal prop
erty to the purchaser for purposes of
resale or further processing or manu-
featuring. The above terms shall In
clude any such transfer OF property
where title is retained by the seller as
security for the payment Of the pur-
(g) The term retailer" shall mean
and include every person, son. partnership,
the business Of making sales at retail
within this state; provided that, In the
case OF q person, partnership, corpora
ton or association engaged In the busi-
ness Of making sales both at retail and
at Wholesale, such term shall be applied
only to the retail portion Of such bust
ness.
(h) The term wholesaler shall mean
and include every person, partnership,
corporation or association engaged In
the business Of making sales at whole
sale within this State; provided that, in
the case OF person, partnership, cor
poration or association engaged in the
business of making sales both at whole
applied only to the wholesale portion of
such business.
116 1t is hereby declared that ad-
vertisement, offer to sell, or sale Of any
merchandise, either by retailers or
Wholesalers, at less than cost as defined
In this Act, or giving, offering to give
or advertising the intent of giving away
Of any merchandise, either by retailers
or wholesalers. or the advertising by
retailers or wholesalers Of brands or
types Of merchandise they are not pre-
pared to supply, with the intent, effect,
or result Of unfairly diverting trade from
or otherwise injuring a competitor, or
with the result Of deceiving any pur-
stantially lessening competition, unrea-
sonably restraining trade, or tending
to create q monopoly In any line OF COM
merce, IL an unfair method Of compe-
tition, contrary to public policy, and In
e 2. sne PSicy, Of this Act
travention Of the policy Of this Act,
advertise, offer to sell or sell at retail
any item Of merchandise as less than
cost to the retailer as defined In this
Nd sAal- IL
cohtravention Of the policy Of this Act,
advertise, OFFER to sell, or sell at retail
any item of merchandise as less than
cost to the wholesaler as defined in this
Act, or any retailer or wholesaler who
shall, in contravention Of the policy Of
this Act, give, offer to give or advertise
the intent to give away any merchandise
for the purpose Of injuring competitors
ana destroying competition, or to ad-
vertise brands or types Of merchandise
they are not prepared to supply, shall
be guilty Of a misdemeanor and upon
conviction thereof shall be punished by
nne OF not more than 10000. Proof
or any such advertisement, offer to sell
or sale by any retailer or wholesaler in
contravention Of the policy OF this Act
shall be prima facie evidence of a viola !.
tion Of this Act. Provided, however,
that nothing herein shall preclude any
retailer or wholesaler from offering mer-
chandise Free, In combinations with
cost Of the "Free'' merchandise shall be
considered as part of the cost of the
MERCHANDISE sold.
119 In addition to the penalties pro-
xided In this Act, the courts Of this
State are hereby invested with juris-
diction to prevent and restrain VIOLA
lions OF this Act, and It shall be the
duty OF the several states attorneys,
In their respective districts, to institute
proceedings In equity to prevent and
restrain violations. Any person Injured
by any violation, or who may be threat
ened with loss or injury by reason Of
violation OF this Act, shall be entitled
to sue for and have injunctive relief in
prevent, restrain and enjOin such viola
ton or threatened violation. II In such
action q violation or threatened viola.
uon or this Act shall be established, the
court shall enjoin and restrain or other
We VIE pr1hipit such violation or threat.
119. The provisions Of this Act, shall
not apply to sales at retail or sales at
Wholesale (a) where merchandise has
been purchased at q forced, bankrupt,
the ordinary channels Of trade and Is
kept separate from merchandise pur-
chased In the ordinary channels OF trade
and advertised, marked and sold as such,
end tne advertisement shall state the
quantity OF such merchandise to be sold
or offered for sale; (b) where merchan-
disc is sold in bona nde clearance sales,
II advertised, marked, and sold as such
and the advertisement shall state the
quantity of such merchandise to be sold
or offered for sale; (c) where perishable
merchandise must be sold promptly in
order to forestall loss; (d) where mer-
chandise 10 imperfect or damaged or Is
being discontinued and Is advertised,
marked and sold as such and the adver-
tisement shall state the quantity Of such
merchandise to be sold or offered for
sale; le) where merchandise II sold
upon the nnal liquidation OF any bust