reglab/housing_qa huggingface dataset:
MD. Commercial Law Code Ann. §  11-301 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-301 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Controlled outlet” means an outlet which is operated by a distributor or operated by company employees, a subsidiary company, commissioned agent, or by any person who manages the outlet on a fee arrangement with the distributor.    (c)    The distributor may not:        (1)    Require the dealer to refuse credit card purchases of gasohol; or        (2)    Provide that any credit card it issues may not be used for the purchase of gasohol.    (d)    (1)    “Dealer” means a person engaged in the retail sale of gasohol or gasoline products under a marketing agreement, at least 30 percent of whose gross revenue is derived from the retail sale of gasoline products.        (2)    “Dealer” does not include an employee of a distributor.    (e)    (1)    “Distributor” means a person who:            (i)    Engages in the sale, consignment, or distribution of gasohol or gasoline products through retail outlets which he owns or leases; and            (ii)    Maintains an oral or written contractual relationship with a dealer for the sale of the products.        (2)    “Distributor” includes any subsidiary or affiliated corporation in which a distributor holds at least 30 percent voting control.    (f)    “Farm cooperative” means a cooperative organized under Subtitle 5 of Title 5 of the Corporations and Associations Article.    (g)    “Gasoline products” includes gasohol.    (h)    “Independent jobber” means an individual or corporation who purchases gasohol or gasoline products from a wholesaler for resale to a dealer.    (i)    “Marketing agreement” means an oral or written agreement between a distributor and a dealer under which the dealer is granted the right, for the purpose of engaging in the retail sale of gasohol or gasoline products supplied by the distributor, to:        (1)    Use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor; or        (2)    Occupy premises owned, leased, or controlled by the distributor.    (j)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.    (k)    “Retail sale” means the sale of a product for purposes other than resale.
MD. Commercial Law Code Ann. §  11-302 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-302 - Legislative Declaration; Statement of Public Policy

    (a)    The General Assembly finds and declares that since the distribution and sale through marketing arrangements of petroleum products in the State vitally affect the economy of the State, and its public interest, welfare, and transportation, it is necessary to define the relationships and responsibilities of the parties to certain agreements pertaining to these marketing arrangements.    (b)    This subtitle constitutes a statement of the public policy of the State.
MD. Commercial Law Code Ann. §  11-303 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-303 - Information to Be Given by Distributor to Prospective Dealer

    Before any marketing agreement is concluded, a distributor shall disclose fully to a prospective dealer the following information:         (1)    Any gallonage history of the location under negotiation for the shorter of:            (i)    The three-year period immediately past; or            (ii)    The entire period during which the location has been supplied by the distributor;        (2)    The name, last known address, and reason for the termination of the marketing agreement of each person who was a dealer at the location during:            (i)    The five-year period immediately past; or            (ii)    The entire period during which the location has been supplied by the distributor;        (3)    Any commitment for the sale, demolition, or other disposition of the location;        (4)    Any training program and any specific goods and services which the distributor will provide for and to the dealer;        (5)    Any obligation which will be required of the dealer;        (6)    Any restriction on the sale, transfer, and termination of the agreement; and        (7)    The total amount of any cash deposit required, any amount of interest to be paid on the deposit, and the conditions for the return of the deposit.
MD. Commercial Law Code Ann. §  11-305 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-305 - Defenses to Action Based on Termination or Cancellation of Marketing Agreement

    Subject to the notice requirements of § 11-306 of this subtitle, in any action filed under this subtitle which is based on a termination or cancellation of a marketing agreement, it is a defense that the marketing agreement was terminated or canceled:         (1)    By mutual agreement of the parties, provided however, that the mutual agreement is void and unenforceable unless it clearly states that it is not effective until the seventh business day after the date of its execution during which time either the dealer or the distributor have the absolute right to rescind such mutual agreement by written notice to the other;        (2)    Because of the bankruptcy or insolvency of the dealer;        (3)    Because the dealer failed to comply with an express requirement of the marketing agreement; or        (4)    Because the dealer failed to act in good faith in carrying out the terms of the marketing agreement.
MD. Commercial Law Code Ann. §  11-306 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-306 - Notice of Intent Required to Raise Defenses

    (a)    A party to a marketing agreement may not raise any defense set out in § 11-305 of this subtitle unless he gives written notice to the other party of his intent to terminate or cancel the agreement. This notice shall be given in person or by registered or certified mail at least 60 days before the date on which he intends to terminate or cancel it.    (b)    The 60-day notice is not required if at the time of termination or cancellation of the marketing agreement any of the following is proven:        (1)    Criminal misconduct;        (2)    Fraud;        (3)    Abandonment;        (4)    Bankruptcy or insolvency of the dealer;        (5)    Adulteration of product; or        (6)    Giving a check which is dishonored for insufficient funds.    (c)    If notice is given by registered or certified mail, it shall be effective on the date of mailing.
MD. Commercial Law Code Ann. §  11-307 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-307 - Remedies

    Any person who violates any provision of this subtitle is liable for damages caused by the violation and is subject to the other legal or equitable remedies available to the party injured by the violation.
MD. Commercial Law Code Ann. §  11-308 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 3 - Gasohol and Gasoline Products Marketing Act|Section 11-308 - Short Title

    This subtitle may be cited as the Maryland Gasohol and Gasoline Products Marketing Act.
MD. Commercial Law Code Ann. §  11-402 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 4 - Sales Below Cost Act|Section 11-402 - Exceptions

    This subtitle does not apply to an advertisement, offer to sell, retail sale, or wholesale sale, if the merchandise:         (1)    Is sold in a bona fide clearance sale and is so advertised and marked;        (2)    Must be sold promptly in order to prevent loss;        (3)    Is imperfect, damaged, or being discontinued and is so advertised and marked;        (4)    Is sold on the final liquidation of a business;        (5)    Is sold for charitable purposes or to relief agencies;        (6)    Is sold on contract to a department of a government or governmental institution;        (7)    Is sold by an officer acting under the order or direction of a court;        (8)    Is sold at a price set in good faith to meet competition; or        (9)    Is motor fuel sold by a retail service station dealer.
MD. Commercial Law Code Ann. §  11-403 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 4 - Sales Below Cost Act|Section 11-403 - Advertised, Offered for Sale, or Sold

    For the purposes of this subtitle, if an item of merchandise is advertised, offered for sale, or sold with any other item at a combined price, or is advertised, offered as a gift, or given with the sale of any other item, all of the items are considered to be advertised, offered for sale, or sold. The cost to the retailer or the cost to the wholesaler, as the case may be, of each item is governed by § 11-401(b) and (c), respectively, of this subtitle.
MD. Commercial Law Code Ann. §  11-404 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 4 - Sales Below Cost Act|Section 11-404 - Sale at Less Than Cost Prohibited

    (a)    A retailer or wholesaler with intent to injure a competitor or to destroy competition may not advertise, offer to sell, or sell at retail sale or wholesale sale any item of merchandise at less than its cost to the retailer or its cost to the wholesaler, respectively.    (b)    Proof of an advertisement, offer to sell, or sale of an item of merchandise by a retailer or wholesaler at less than its cost to the retailer or its cost to the wholesaler, respectively, is prima facie evidence of intent to injure a competitor or to destroy competition.
MD. Commercial Law Code Ann. §  11-405 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 4 - Sales Below Cost Act|Section 11-405 - Injunction

    On complaint of a person who claims to be injured, a circuit court has jurisdiction to enjoin a retailer or wholesaler from the commission of an act prohibited by this subtitle.
MD. Commercial Law Code Ann. §  11-406 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 4 - Sales Below Cost Act|Section 11-406 - Short Title

    This subtitle may be cited as the Maryland Sales Below Cost Act.
MD. Commercial Law Code Ann. §  11-502 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-502 - Exceptions

    (a)    This subtitle does not apply to a retail sale of cigarettes or a wholesale sale of cigarettes, if they are sold:        (1)    At a bona fide clearance sale, are so advertised and marked, and the quantity is accurately, clearly, and conspicuously stated in all advertising of the sale and on signs conspicuously posted where the sale takes place;        (2)    As imperfect, damaged, or being discontinued, are so advertised and marked, and the quantity is accurately, clearly, and conspicuously stated in all advertising of the sale and on signs conspicuously posted where the sale takes place;        (3)    On the complete and final liquidation of the business of the seller;        (4)    Under an order, direction, or supervision of a court; or        (5)    Subject to subsection (b) of this section, by a retailer or wholesaler at a price set in good faith to meet the competition of another retailer or wholesaler who is rendering the same type of service as the seller, if the price of the competitor which the seller desires to meet is lawful.    (b)    For purposes of subsection (a)(5) of this section, the price of cigarettes sold under subsection (a)(1) through (4) of this section is not the lawful price of a competitor.    (c)    In calculating the basic cost of cigarettes purchased at a sale under subsection (a)(1) through (4) of this section or at any other sale outside the ordinary channels of trade, a retailer or wholesaler shall use, instead of invoice costs, the replacement cost of the cigarettes based on the quantity last purchased by him through the ordinary channels of trade.
MD. Commercial Law Code Ann. §  11-503 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-503 - Special Cost Provisions

    (a)    In a wholesale sale of cigarettes, the presumptive wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle may be reduced by 2 cents for each carton of 200 cigarettes, if:        (1)    The cigarettes are not delivered unless their full price is received by the wholesaler at or before delivery; and        (2)    The purchaser performs or pays for the cartage cost of the cigarettes to the place of business of the purchaser.    (b)    (1)    In the absence of satisfactory proof of a lesser aggregate cost of doing business, a vending machine operator or retailer who purchases cigarettes at prices ordinarily invoiced to a wholesaler and who receives the wholesaler’s discounts on them shall:            (i)    First, add to his basic cost of cigarettes the wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle to cover the cost of doing business as a wholesaler; and            (ii)    Then, on the resultant sum, add the retail markup of 8 percent provided for in § 11-501(d) of this subtitle.        (2)    If the discount received by the vending machine operator or retailer is less than that ordinarily allowed to wholesalers, the wholesale markup of 5 percent may be reduced by the difference between the discount ordinarily allowed to wholesalers and the discount received by the retailer or vending machine operator.    (c)    (1)    A wholesaler who sells cigarettes to another wholesaler or to a vending machine operator is not required to include in his selling price the cost to the wholesaler. However, in the absence of satisfactory proof of a lesser cost for the service rendered, the wholesaler shall include in the selling price his basic cost of cigarettes, plus a charge of 1 percent of his basic cost of cigarettes.        (2)    If a wholesaler purchases cigarettes from another wholesaler, then, on resale of the cigarettes to a retailer, he is the wholesaler for the purposes of this subtitle.
MD. Commercial Law Code Ann. §  11-504 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-504 - Sale or Purchase at Less Than Cost Prohibited

    (a)    A retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not make a retail sale of cigarettes or a wholesale sale of cigarettes at less than the cost to the retailer or the cost to the wholesaler, respectively.    (b)    A retailer may not purchase cigarettes from a wholesaler at a cost which directly or indirectly is less than the cost to the wholesaler by any means, including offering, accepting, inducing, or attempting to induce a rebate in price or a concession of any kind in connection with the sale or purchase of cigarettes.
MD. Commercial Law Code Ann. §  11-505 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-505 - Combination Sales and Concessions

    (a)    Except as provided in subsection (b) of this section, a retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not:        (1)    Sell cigarettes in combination with any other item of merchandise if the other item is given free of charge or sold at a price below its cost to the retailer or its cost to the wholesaler, respectively, as defined in Subtitle 4 of this title;        (2)    Sell cigarettes in combination with any other item of merchandise if the total sale price for the cigarettes and all other items included in the sale is less than the sum of:            (i)    The cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes; and            (ii)    The cost to the retailer or the cost to the wholesaler, respectively, as defined in Subtitle 4 of this title, of all other items included in the sale, including items given free of charge in connection with the sale;        (3)    Give cigarettes free of charge, except in the case of specially packaged manufacturers’ samples which are designated on the package as not to be sold; or        (4)    Make any rebate, advertising allowance, or any other concession by any means or device in connection with the sale of cigarettes whereby the cigarettes are in effect sold below their cost to the retailer or their cost to the wholesaler, respectively.    (b)    A retailer or wholesaler may pass on to a purchaser any reduction in cost which results from:        (1)    Payment or compensation given by a manufacturer of cigarettes on a uniform and nondiscriminatory basis for promotional services; or        (2)    Any coupon issued and ultimately redeemed by a cigarette manufacturer.
MD. Commercial Law Code Ann. §  11-506 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-506 - Evidence

    (a)    In any proceeding under this subtitle, including a proceeding relating to licenses before the State Comptroller, proof of a sale by a retailer or a wholesaler of cigarettes or of any other item in combination or in connection with cigarettes at less than their cost to the retailer or their cost to the wholesaler, respectively, is prima facie evidence of intent to injure a competitor or to destroy or substantially lessen competition.    (b)    In determining cost to the retailer or cost to the wholesaler, the State Comptroller or the court shall receive and consider evidence:        (1)    That the person complained against purchased cigarettes at a fictitious price or on terms, in a manner, or under invoices which conceal the true costs, discounts, or terms of purchase; and        (2)    Of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area.
MD. Commercial Law Code Ann. §  11-507 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-507 - Administration and Enforcement

    (a)    It is the duty of the State Comptroller to enforce this subtitle.    (b)    The State Comptroller shall:        (1)    Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and        (2)    Adopt reasonable rules and regulations necessary to effectuate and enforce the policies of this subtitle.
MD. Commercial Law Code Ann. §  11-508 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-508 - Remedies

    (a)    (1)    On complaint of the State Comptroller or any person affected, a circuit court has jurisdiction to:            (i)    Enjoin a retailer or wholesaler from the commission of any act prohibited by this subtitle; and            (ii)    Award damages and costs.        (2)    In an action for injunctive relief, it is not necessary for the complainant to allege or prove that an adequate remedy at law does not exist or that the complainant has suffered actual damages.    (b)    If injunctive relief is not sought or required, an injured person may institute an action for damages in any court of competent jurisdiction.    (c)    On violation of this subtitle, the State Comptroller shall suspend or revoke the cigarette license of the offender required by § 16-210 of the Business Regulation Article.
MD. Commercial Law Code Ann. §  11-509 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-509 - Applicability of Sales Below Cost Act

    Except as specifically provided by § 11-505 of this subtitle with respect to combination sales and concessions, the Maryland Sales Below Cost Act does not apply to the sale of cigarettes.
MD. Commercial Law Code Ann. §  11-510 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5 - Cigarette Sales Below Cost Act|Section 11-510 - Short Title

    This subtitle may be cited as the Maryland Cigarette Sales Below Cost Act.
MD. Commercial Law Code Ann. §  11-5A-01 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5A - Sales of Unpackaged Cigarettes|Section 11-5A-01 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Retailer” has the meaning stated in § 11–501(i) of this title.    (c)    “Sell” has the meaning stated in § 11–501(j) of this title.    (d)    “Unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes.    (e)    “Vending machine operator” has the meaning stated in § 11–501(k) of this title.    (f)    “Wholesaler” has the meaning stated in § 11–501(m) of this title.
MD. Commercial Law Code Ann. §  11-5A-02 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5A - Sales of Unpackaged Cigarettes|Section 11-5A-02 - Prohibitions

    (a)    This section does not apply to an individual who produces unpackaged cigarettes for the individual’s consumption by using:        (1)    A mechanical rolling machine; or        (2)    A hand rolling device or procedure.    (b)    Notwithstanding any other provision of law, a retailer or vending machine operator may not purchase from a tobacco product manufacturer or sell, resell, distribute, dispense, or give away to any person an unpackaged cigarette.    (c)    Notwithstanding any other provision of law, a wholesaler may not sell, resell, distribute, dispense, or give away to any person in this State an unpackaged cigarette.    (d)    In addition to any other penalties provided by law, a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 3 months or both.
MD. Commercial Law Code Ann. §  11-5A-03 (2021)
2021 Maryland Statutes|Commercial Law|Title 11 - Trade Regulation|Subtitle 5A - Sales of Unpackaged Cigarettes|Section 11-5A-03 - Enforcement

    (a)    The State Comptroller shall enforce this subtitle.    (b)    The State Comptroller shall:        (1)    Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and        (2)    Adopt reasonable regulations necessary to effectuate and enforce the provisions of this subtitle.