reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 3 - Returnable Containers and Returnable Textiles › Section 19-306 - Charging Document

(a)    In a prosecution under this subtitle, a charging document is sufficient if it:
(1)    describes the returnable container or returnable textile in a way that allows its identification;
(2)    affirms that the returnable container or returnable textile is distinctly marked and registered under this subtitle; and
(3)    gives the name of the owner of the returnable container or returnable textile, the person using the returnable container or returnable textile through registration, or, if applicable, the transferee.
(b)    In a prosecution under this subtitle, a charging document need not:
(1)    state or describe the name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile; or
(2)    state the particulars of the registration of the returnable container or returnable textile or of the assignment or transfer of the registration.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 3 - Returnable Containers and Returnable Textiles › Section 19-307 - Possession -- Evidence of Violation

(a)    In a prosecution under § 19-304(a), (b), (c), or (d) of this subtitle, possession by a person charged of all or part of the registered returnable container or returnable textile is prima facie evidence that the person is guilty of the charge.
(b)    Subsection (a) of this section does not apply to:
(1)    a garbage collector who collects a registered returnable container or returnable textile in the regular course of business;
(2)    the possession of a registered returnable container by a person who received the container with its contents; or
(3)    the possession of a registered returnable textile.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 3 - Returnable Containers and Returnable Textiles › Section 19-308 - Purchase of Plastic Secondary Packaging

(a)    (1)    In this section, “plastic secondary packaging” means a plastic crate or shell used for the bulk transportation, storage, or carrying of retail items.
(2)    “Plastic secondary packaging” includes milk crates, bakery and soft drink trays, and other commercial plastic secondary packaging.
(b)    Other than a manufacturer of plastic secondary packaging, a person may not purchase four or more items of plastic secondary packaging for the purpose of recycling, shredding, or destroying the items.
(c)    (1)    Each person that purchases an item of plastic secondary packaging, including a person that is in the business of recycling, shredding, or destroying plastic secondary packaging, shall make a written record of each transaction in which a person sells four or more items of plastic secondary packaging, that shows that the person selling the plastic secondary packaging has lawful possession or ownership of the plastic secondary packaging.
(2)    For each transaction subject to paragraph (1) of this subsection, the purchaser shall:
(i)    verify the seller’s identity by a driver’s license or other government–issued identification; and
(ii)    make a record of each transaction that includes:
1.    the name, address, telephone number, and signature of the seller or the seller’s authorized representative;
2.    the name and address of the purchaser;
3.    the registration number and license tag number of any vehicle used in the delivery of the plastic secondary packaging;
4.    a description of the items sold, including the number of units; and
5.    the date of the transaction.
(d)    The purchaser shall keep the records required by this section for at least 1 year after the date of purchase.
(e)    A person that violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and
(2)    for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 4 - Boat Sales › Section 19-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Beneficial owner” means a person for whose benefit a boat broker is entrusted to hold money.
(c)    “Boat” means any vessel that is propelled by sail or machinery in the water.
(d)    “Boat broker” means a person who provides boat brokerage services for another person.
(e)    “Boat broker trust account” means an account that a broker maintains at a financial institution for the deposit of trust money.
(f)    “Boat brokerage services” means to engage in any of the following activities for an expectation of compensation:
(1)    selling a boat, offering to sell a boat, or negotiating to sell a boat;
(2)    buying a boat, offering to buy a boat, or negotiating to buy a boat;
(3)    soliciting or obtaining a listing of a boat; or
(4)    negotiating the purchase, sale, or exchange of a boat.
(g)    “Trust money” means a deposit, payment, or other money that a person entrusts to a boat broker to hold for the benefit of the person or a beneficial owner.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 4 - Boat Sales › Section 19-402 - Boat Broker Trust Account

(a)    A boat broker shall place any trust moneys received in anticipation of a boat purchase into a boat broker trust account until the boat broker:
(1)    disburses the  trust moneys to the beneficial owner on completion of the boat purchase; or
(2)    returns the trust moneys to the purchaser if the boat purchase is not completed.
(b)    A boat broker trust account established under this section shall be separate from the boat broker’s operating account.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 5 - Use of a Deceased Soldier's Identity › Section 19-501 - "Soldier" Defined

In this subtitle, “soldier” means:
(1)    an active duty member of    the armed forces of the United States, including the Army, Marine Corps, Navy, Air Force, Coast Guard, National Guard, Reserve forces, and any other standard United States military agency; or
(2)    a federal active duty member of the State National Guard or Reserve force.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 5 - Use of a Deceased Soldier's Identity › Section 19-502 - Applicability of Subtitle

This subtitle does not apply to:
(1)    the use of a soldier’s name, portrait, picture, or image in an attempt to portray, describe, or impersonate that soldier in a live performance, single and original work of fine art, play, book, article, film, musical work, radio or television programming, or other audio or audiovisual work, if the performance, fine art, play, book, article, film, musical work, radio or television programming, or other audio or audiovisual work does not constitute a commercial advertisement for any product, good, ware, or merchandise;
(2)    the use of a soldier’s name, portrait, picture, or image for noncommercial purposes, including any news, public affairs, or sports broadcast or account;
(3)    the use of a soldier’s name in truthfully identifying the soldier as the author of a particular work or program or as the performer in a particular performance;
(4)    any promotional materials, advertisements, or commercial announcements for a use described in item (1), (2), or (3) of this section;
(5)    unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by a person with the authority to grant consent for use under § 19–503 of this subtitle, the use of photographs, video recordings, and images by a person practicing professional photography to exhibit, in or about the professional photographer’s place of business or portfolio, samples of the professional photographer’s work;
(6)    the use of a soldier’s picture, portrait, or image that is not facially identifiable; and
(7)    a photograph of a monument or a memorial that is placed on any product, good, ware, or merchandise.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 5 - Use of a Deceased Soldier's Identity › Section 19-503 - Use of Deceased Soldier's Identity Prohibited

A person may not knowingly use the name, portrait, picture, or image of a soldier killed in the line of duty within the previous 50 years in advertising for the sale of a product, good, ware, merchandise, or service, for the purpose of gaining a commercial advantage, without obtaining prior consent for use from the soldier or the surviving spouse, the personal representative, or the majority of the heirs of the deceased soldier.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 5 - Use of a Deceased Soldier's Identity › Section 19-504 - Penalties

A person who violates § 19–503 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 6 - International Marriage Brokers › Section 19-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Basic rights information” means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources.
(c)    “Client” means an individual who is a citizen or resident of the United States and the State of Maryland and who uses the services of an international marriage broker to meet recruits.
(d) “Criminal history record information” means criminal history record information as described in § 10–201 of the Criminal Procedure Article.
(e)    (1)    “International marriage broker” means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to Maryland residents dating, matrimonial, or social referral services involving recruits by:
(i)    exchanging names, telephone numbers, addresses, photographs, or statistics or otherwise facilitating communication between a client and a recruit; or
(ii)    providing a social environment for introducing clients to recruits in person.
(2)    “International marriage broker” does not include:
(i)    a traditional marriage broker that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or
(ii)    an entity that provides dating services if its principal business is not to provide international dating services between Maryland residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship.
(f)    “Marital history information” means a declaration of an individual’s current marital status, the number of times the individual has been married, the number of domestic violence protective orders issued against the individual, and whether any previous marriage occurred as a result of receiving services from an international marriage broker.
(g)    “Recruit” means an individual who is not a citizen or resident of the United States and who uses the services of or is recruited by an international marriage broker for dating, matrimonial, or social referral services.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 6 - International Marriage Brokers › Section 19-602 - Criminal History Record and Marital History Information

(a)    (1)    An international marriage broker shall provide each recruit with criminal history record information and marital history information of its client and basic human rights information before personal contact information about a recruit is given to the client.
(2)    The human rights information provided under paragraph (1) of this subsection may be prepared by an organization that is not affiliated with the international marriage broker.
(b)    The information required in subsection (a) of this section must be:
(1)    in the recruit’s native language; and
(2)    displayed in a manner that:
(i)    separates the criminal history record information, the marital history information, and the basic rights information from any other information; and
(ii)    is highly noticeable.
(c)    The international marriage broker shall pay the costs incurred to translate the information.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 6 - International Marriage Brokers › Section 19-603 - Duties of Client and International Marriage Broker

(a)    In accordance with federal law, a client shall:
(1)    provide the client’s own marital history information to the international marriage broker; and
(2)    notify the international marriage broker if the client has previously sponsored an international spouse.
(b)    The international marriage broker shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, dissolutions, and the number of domestic violence protective orders issued against the client that occurred in this State, in another state, or in a foreign country.
(c)    The international marriage broker may not provide any personal contact information to the client or the recruit, including the last name, phone number, address, or electronic mail address of the client or the recruit, until the international marriage broker has:
(1)    received the information from the criminal history records check required under § 19–604 of this subtitle;
(2)    received the requested marital history information; and
(3)    provided the information to the recruit.
(d)    Information obtained by the international marriage broker under this section shall be confidential and may not be used for any purpose other than that for which it was disseminated.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 6 - International Marriage Brokers › Section 19-607 - Violations

(a)    A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $12,000 or imprisonment not exceeding 1 year or both, in addition to any penalty imposed under federal law.
(b)    In determining the penalty, the court shall consider:
(1)    any previous violations of this subtitle by the international marriage broker;
(2)    the seriousness of the violation, including the nature, circumstances, and extent of the violation;
(3)    the demonstrated good faith of the international marriage broker; and
(4)    the necessity of deterring future violations.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 7 - Retail Pet Stores › Section 19-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Animal control unit” has the meaning stated in § 10–617 of the Criminal Law Article.
(c)    (1)    “Animal welfare organization” means a nonprofit organization:
(i)    that has tax exempt status under § 501(c)(3) of the U.S. Internal Revenue Code; and
(ii)    whose mission and practice is the rescue of animals and the placement of those animals in permanent homes.
(2)    “Animal welfare organization” does not include an organization that obtains animals from a breeder or broker in exchange for payment or compensation.
(d)    “Breeder” means a person who breeds or raises dogs or cats to sell, exchange, or otherwise transfer to the public.
(e)    “Broker” means a person who transfers dogs or cats for resale by another person.
(f)    (1)    “Retail pet store” means:
(i)    a for–profit establishment that sells or offers for sale domestic animals to be kept as household pets; or
(ii)    a broker.
(2)    “Retail pet store” does not include an establishment at which the animals sold at the establishment were born at the establishment.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 7 - Retail Pet Stores › Section 19-703 - Duties of Retail Pet Stores

(a)    A retail pet store may not sell or otherwise transfer or dispose of cats or dogs.
(b)    This section may not be construed to prohibit a retail pet store from collaborating with an animal welfare organization or animal control unit to offer space for these entities to showcase cats or dogs for adoption.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 7 - Retail Pet Stores › Section 19-704 - Violations

(a)    A violation of this subtitle:
(1)    is an unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and
(2)    except for the provisions of § 13–411 of the Commercial Law Article, is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.
(b)    Each offer of an animal for sale in violation of this subtitle is a separate violation.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 8 - Mining Companies › Section 19-801 - Operation of Stores

(a)    A mining company formed or organized in the State may not own, operate, hold any interest in, or receive profits from any store.
(b)    This section does not prohibit the employees of a mining company from forming a cooperative store.
2023 Maryland Statutes › Business Regulation › Title 19 - Miscellaneous State Business Regulation › Subtitle 9 - Security Systems › Section 19-901 - Wireless Security Systems

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Security system” means any burglary alarm system or robbery alarm system.
(ii)    “Security system” includes the service of monitoring the property to which a security system is attached in case of an alarm sounding.
(3)    (i)    “Wireless security system” means a security system that is designed to carry a voltage of 50 volts or less and not hardwired.
(ii)    “Wireless security system” includes ancillary low–voltage components that are either wireless or battery–operated and supplementary smoke detectors as defined in the National Fire Protection Association 72: National Fire Alarm and Signaling Code.
(b)    If a wireless security system does not require the submission of a fire protection plan review to a local government for compliance with the State or a local building code, a local government may not require an electrical license or an electrical permit to install, maintain, inspect, replace, or service the wireless security system.
(c)    (1)    A local government may:
(i)    require a person who provides wireless security systems to comply with a local alarm ordinance or obtain an alarm business registration or permit; and
(ii)    require a person who operates wireless security systems or causes wireless security systems to be operated to comply with a local alarm ordinance or obtain an alarm system registration or permit.
(2)    A local government may not require a person described in paragraph (1) of this subsection to obtain an electrical permit.
(d)    Wireless security systems are not exempt from Title 18 of the Business Occupations and Professions Article.
(e)    Wireless security systems must comply with any State or local building codes.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 1 - Definitions; General Provisions › Section 20-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Automated purchasing machine” means a self–service device that:
(1)    is designed to dispense money in exchange for personal property; and
(2)    is also known as a reverse vending machine.
(c)    “Buyer” means a person that buys or offers to buy personal property by means of an automated purchasing machine.
(d)    “Electronic device” means a device capable of facilitating communication through voice, data, text, or other visual or auditory format.
(e)    “Employee” means an individual who is employed by a buyer to buy or supervise directly the buying of personal property.
(f)    “License” means a license issued by the Secretary to do business as a buyer.
(g)    (1)    “Personal property” means private property that is moveable.
(2)    “Personal property” includes:
(i)    property that is serialized or normally has a unique identifier; and
(ii)    gift cards or vouchers that have monetary value.
(h)    “Primary law enforcement unit” means the Department of State Police, a police department, or sheriff, as designated by a resolution of the county or municipal governing body in the county in which the automated purchasing machine is located.
(i)    (1)    “Recyclable materials” means material that:
(i)    if not recycled, would become solid waste for disposal in a refuse disposal system; and
(ii)    may be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
(2)    “Recyclable materials” includes paper, glass, metals, plastics, and cardboard.
(j)    “Resident agent” means a person registered in the State who:
(1)    serves as a primary point of contact;
(2)    regularly conducts business for the licensee; and
(3)    maintains a physical location in Maryland where the resident agent regularly conducts business and at which the resident agent or an employee of the resident agent is physically present during normal business hours.
(k)    “Seller” means a person who sells or offers to sell personal property to an automated purchasing machine.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 1 - Definitions; General Provisions › Section 20-102 - Applicability of Title

(a)    This title does not apply to an automated purchasing machine that is used exclusively for collecting recyclable materials in accordance with a recycling program approved by the Department of the Environment.
(b)    (1)    Except as provided in paragraph (2) of this subsection, this title:
(i)    preempts the right of a county or municipality to regulate automated purchasing machines and operators of automated purchasing machines; and
(ii)    supersedes any existing law of a county or municipality that regulates automated purchasing machines and operators of automated purchasing machines.
(2)    This title does not limit the power of a county or municipality to:
(i)    license automated purchasing machines and operators of automated purchasing machines; or
(ii)    prohibit the installation or operation of automated purchasing machines within the county or municipality.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 2 - Designation of Primary Law Enforcement Unit › Section 20-201 - Designation of Primary Law Enforcement Unit

(a)    A county or municipal governing body in the county in which an automated purchasing machine is located shall designate by resolution the primary law enforcement unit to receive records in accordance with § 20–402(a)(1) of this title.
(b)    If a municipal governing body designates a county police department or sheriff as the primary law enforcement unit under this section, the county may designate the Department of State Police as the primary law enforcement unit.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-302 - Application

(a)    (1)    An applicant for a license shall:
(i)    submit to the Secretary an application on the form that the Secretary provides; and
(ii)    pay to the Secretary an application fee of $300.
(2)    The application fee is nonrefundable.
(b)    The applicant shall sign the application under oath.
(c)    In addition to any other information that the Secretary requires, the application shall state:
(1)    the name, date of birth, and residence address of the applicant;
(2)    the business address of the applicant;
(3)    a telephone number at which the applicant can be reached during normal business hours;
(4)    each address where the applicant has conducted any business during the 3 years before application;
(5)    the driver’s license number, if any, of the applicant; and
(6)    the name and permanent address of the resident agent who will represent the applicant in the State.
(d)    The application form shall contain immediately above the signature line the following:
“If issued a license, I agree to allow a municipal, county, or State police officer or agent acting in the course of a stolen property investigation or an investigation of a violation of this title to inspect and photograph all personal property and records at my business or storage locations.”.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-303 - National and State Criminal History Records Check -- Required

Before an individual may begin work as a resident agent for a buyer:
(1)    the buyer shall submit to the Secretary on the form that the Secretary provides the name of the individual; and
(2)    the individual shall apply for a national and State criminal history records check required under § 20–304(b) of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-304 - National and State Criminal History Records Check -- Process

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    Applicants for licenses under § 20–301 of this subtitle and individuals whose names must be submitted to the Secretary under § 20–303 of this subtitle shall apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository.
(c)    The Central Repository shall provide to the Secretary:
(1)    the national and State criminal history records of each individual requiring a criminal history records check under subsection (b) of this section and a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge;
(2)    an update of the initial criminal history records check for an individual requiring a criminal history records check and a revised printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge occurring in the State after the date of the initial criminal history records check; and
(3)    an acknowledged receipt of the application for a criminal history records check by an individual requiring a criminal history records check.
(d)    An individual requiring a criminal history records check shall submit a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of Public Safety and Correctional Services to the Central Repository.
(e)    An individual requiring a criminal history records check under subsection (b) of this section shall pay:
(1)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and
(2)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.
(f)    A buyer or an applicant may pay for the costs incurred by the resident agent or other individual requiring a criminal history records check under subsection (b) of this section.
(g)    (1)    Information obtained by the Secretary from the Central Repository under this title shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.
(2)    Nothing in paragraph (1) of this subsection shall preclude the Secretary from notifying a buyer or an applicant of the approval or disqualification of the resident agent for employment based on information obtained by the Secretary under this section.
(h)    The Secretary shall verify periodically the continued employment or licensure of individuals requiring criminal history records checks in accordance with regulations adopted by the Secretary of Public Safety and Correctional Services.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-305 - Issuance of License

(a)    On receipt of a complete national and State criminal record report from the Central Repository in accordance with § 20–304 of this subtitle, the Secretary shall issue a license to each applicant who meets the requirements of this subtitle.
(b)    The Secretary may not issue a license for an address that is:
(1)    a hotel or motel room;
(2)    a motor vehicle; or
(3)    a post office box.
(c)    The Secretary may not issue more than one license for a single business location.
(d)    The Secretary may not issue a license to a minor.
(e)    Whenever a license is suspended or revoked, another license may not be issued to a buyer for the same business location.
(f)    A license authorizes the licensee to do business as a buyer only at the address for which the license is issued.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-306 - Expiration and Renewal

(a)    Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first April 30 that comes:
(1)    after the effective date of the license; and
(2)    in an even–numbered year.
(b)    At least 1 month before a license expires, the Secretary shall mail to the licensee, at the last known address of the licensee:
(1)    a renewal application form; and
(2)    a notice that states:
(i)    the date on which the current license expires;
(ii)    the date by which the Secretary must receive the renewal application for the renewal to be issued and mailed before the license expires; and
(iii)    the amount of the renewal fee.
(c)    Before a license expires, the licensee periodically may renew it for an additional 2–year term if the licensee:
(1)    submits to the Secretary a renewal application on the form that the Secretary provides;
(2)    signs the renewal application under oath;
(3)    updates the information submitted in the original application and states that the information is current;
(4)    except as provided in subsection (d) of this section, agrees to comply with each requirement applicable to the original application;
(5)    states that the licensee:
(i)    has not violated this title;
(ii)    has not been convicted of an offense specified in § 20–307 of this subtitle; and
(iii)    has not had a similar license denied, suspended, or revoked in another jurisdiction;
(6)    otherwise is entitled to be licensed; and
(7)    pays to the Secretary a renewal fee of $265.
(d)    The Secretary may require a licensee to submit a national and State criminal history records check with the renewal application.
(e)    The Secretary shall renew the license of each licensee who meets the requirements of this section.
(f)    A license is not transferable and may be used only to benefit the licensee.
(g)    (1)    A licensee may change the place of business for which a license is issued only if the licensee:
(i)    submits to the Secretary an application to transfer the license to a new business location on a form that the Secretary provides; and
(ii)    receives the written approval of the Secretary.
(2)    Within 45 days after the application is filed with the Secretary, the Secretary shall approve or disapprove the application and notify the licensee of the approval or disapproval in writing.
(3)    If the Secretary approves a proposed change of place of business, the licensee shall attach the written approval of the Secretary to the license until an amended license is received by the licensee.
(h)    The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-308 - Hearing

(a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Secretary takes any final action under § 20–307 of this subtitle, the Secretary shall give the individual against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Secretary may administer oaths in a proceeding under this section.
(d)    If, after due notice, the individual against whom the action is contemplated does not appear, nevertheless the Secretary may hear and determine the matter.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 3 - Licensing › Section 20-309 - Appeals

A party to a proceeding under this title who is aggrieved by a final decision of the Secretary in a contested case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 4 - Automated Purchasing Machine Transactions › Section 20-401 - Requirements

(a)    A buyer shall ensure that each automated purchasing machine that the buyer owns or operates in the State meets the requirements of this section.
(b)    (1)    Before the completion of a transaction in which an automated purchasing machine buys personal property, the automated purchasing machine shall require a seller to provide the following information:
(i)    the full name of the seller;
(ii)    the date of birth of the seller;
(iii)    the complete home address of the seller; and
(iv)    a contact telephone number for the seller.
(2)    An automated purchasing machine receiving personal property from a seller shall verify the information provided by the seller under paragraph (1) of this subsection by requiring the seller to submit:
(i)    the seller’s government–issued identification card; or
(ii)    any other form of personal identifying information required by the Secretary.
(c)    (1)    On completion of a transaction in which an automated purchasing machine buys personal property, the automated purchasing machine shall make a record of the transaction that includes:
(i)    the information obtained from the seller under subsection (b)(1) of this section;
(ii)    a photograph of the seller;
(iii)    an electronic copy or a photocopy of the identifying information submitted under subsection (b)(2) of this section;
(iv)    the date, time, and location of the transaction; and
(v)    a description of the personal property, including a statement whether the personal property appears to have been altered.
(2)    (i)    In addition to the information required under paragraph (1) of this subsection, if the personal property bought by an automated purchasing machine is an electronic device, the automated purchasing machine shall make a record of:
1.    the make and model of the electronic device; and
2.    the serial number of the electronic device if it can be determined at the time of purchase.
(ii)    A serial number that an automated purchasing machine generates to record a transaction does not qualify as a serial number for purposes of this paragraph.
(3)    A separate entry shall be made for each item of personal property involved in a transaction.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 4 - Automated Purchasing Machine Transactions › Section 20-402 - Duties of Buyer

(a)    (1)    (i)    Subject to subparagraph (iii) of this paragraph, a buyer shall submit a copy of the records required under § 20–401(c) of this subtitle to the primary law enforcement unit within 48 hours after a transaction in a paper or electronic format acceptable to the primary law enforcement unit.
(ii)    If a serial number cannot be determined at the time of the transaction, a buyer shall submit to the primary law enforcement unit:
1.    a preliminary report containing the information required under § 20–401(c) of this subtitle, except the serial number, within 48 hours after the transaction; and
2.    a final report containing the information required under § 20–401(c) of this subtitle, including the serial number, within 17 days after the transaction.
(iii)    The provisions of subparagraph (i) of this paragraph may not be construed to require a buyer to incur a substantial financial burden to comply with the requirements of this paragraph.
(2)    A buyer shall keep the records required under § 20–401(c) of this subtitle for at least 1 year after the date of the transaction.
(3)    A copy of a record submitted under § 20–401(c) of this subtitle:
(i)    shall be kept confidential;
(ii)    is not a public record; and
(iii)    is not subject to Title 10, Subtitle 6 of the State Government Article.
(b)    (1)    A buyer shall keep all personal property bought for at least 30 days after the buyer submits the information required under § 20–401(c) of this subtitle to the primary law enforcement unit.
(2)    On the request of the primary law enforcement unit, a buyer shall provide to the primary law enforcement unit any personal property purchased by an automated purchasing machine at the cost of the buyer.
(c)    A buyer shall make all personal property purchased by an automated purchasing machine available for inspection by the primary law enforcement unit at any time.
(d)    (1)    A buyer shall remove all items of personal property from an automated purchasing machine in intervals of no less than 10 days.
(2)    A buyer shall notify the primary law enforcement unit of the date and time the buyer will remove personal property from an automated purchasing machine at least 72 hours before removing the personal property.
(3)    The primary law enforcement unit may inspect the personal property being removed from an automated purchasing machine at the time of the removal.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 4 - Automated Purchasing Machine Transactions › Section 20-403 - Screening

(a)    (1)    (i)    A buyer shall use an individual to screen each transaction in which an automated purchasing machine buys personal property.
(ii)    An individual who screens a transaction may screen the transaction remotely.
(2)    A buyer shall keep a record of the screener assigned to screen each transaction.
(b)    If a buyer determines that personal property sold to an automated purchasing machine is stolen, the buyer shall:
(1)    contact the primary law enforcement unit as soon as practicable; and
(2)    return the personal property to the primary law enforcement unit free of charge.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 5 - Prohibited Acts; Penalties › Section 20-501 - Prohibited Acts

(a)    A buyer may not buy or offer to buy personal property from a minor.
(b)    If an automated purchasing machine cannot determine the serial number of an electronic device and the device is valued at $25 or more, the buyer may not purchase the electronic device.
2023 Maryland Statutes › Business Regulation › Title 20 - Automated Purchasing Machines › Subtitle 5 - Prohibited Acts; Penalties › Section 20-502 - Violations; Penalties

(a)    A person who knowingly or willfully violates this title is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first offense, a fine not exceeding $1,000; and
(2)    for a second or subsequent offense, a fine not exceeding $5,000.
(b)    Each violation of this title is a separate offense.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 1 - General Provisions › Section 1-103 - Construction of Maryland Uniform Commercial Code; Applicability of Supplemental Principles of Law

(a)    The Maryland Uniform Commercial Code shall be liberally construed and applied to promote its underlying purposes and policies.
(b)    The underlying purposes and policies of the Maryland Uniform Commercial Code are:
(1)    To simplify, clarify, and modernize the law governing commercial transactions;
(2)    To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3)    To make uniform the law among the various jurisdictions.
(c)    Unless displaced by the particular provisions of the Maryland Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions, except that:
(1)    The age of majority as it pertains to the capacity to contract is 18 years of age; and
(2)    No person who is at least 18 years old shall be considered to be without capacity by reason of age.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 1 - General Provisions › Section 1-105 - Severability

If any provision or clause of the Maryland Uniform Commercial Code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Maryland Uniform Commercial Code that can be given effect without the invalid provision or application, and to this end the provisions of the Maryland Uniform Commercial Code are severable.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 1 - General Provisions › Section 1-106 - Use of Singular and Plural; Gender

In the Maryland Uniform Commercial Code, unless the context otherwise requires:
(1)    Words in the singular number include the plural, and those in the plural include the singular; and
(2)    Words of any gender also refer to any other gender.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 1 - General Provisions › Section 1-108 - Relation to Electronic Signatures in Global and National Commerce Act

This title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., except that nothing in this title modifies, limits, or supersedes § 7001(c) of that Act or authorizes electronic delivery of any of the notices described in § 7003(b) of that Act.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 2 - General Definitions and Principles of Interpretation › Section 1-202 - Notice; Knowledge

(a)    Subject to subsection (f) of this section, a person has “notice” of a fact if the person:
(1)    Has actual knowledge of it;
(2)    Has received a notice or notification of it; or
(3)    From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b)    “Knowledge” means actual knowledge. “Knows” has a corresponding meaning.
(c)    “Discover”, “learn”, or words of similar import refer to knowledge rather than to reason to know.
(d)    A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e)    Subject to subsection (f) of this section, a person “receives” a notice or notification when:
(1)    It comes to that person’s attention; or
(2)    It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f)    Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time the transaction is brought to the attention of the individual conducting that transaction and, in any event, from the time the transaction would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if the organization maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 2 - General Definitions and Principles of Interpretation › Section 1-204 - Value

Except as otherwise provided in §§ 3–303, 4–208, and 4–209 of this article, a person gives value for rights if the person acquires them:
(1)    In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge–back is provided for in the event of difficulties in collection;
(2)    As security for, or in total or partial satisfaction of, a preexisting claim;
(3)    By accepting delivery under a preexisting contract for purchase; or
(4)    In return for any consideration sufficient to support a simple contract.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 2 - General Definitions and Principles of Interpretation › Section 1-205 - Reasonable Time; Seasonableness

(a)    Whether a time for taking an action required by the Maryland Uniform Commercial Code is reasonable depends on the nature, purpose, and circumstances of the action.
(b)    An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 2 - General Definitions and Principles of Interpretation › Section 1-206 - Presumptions

Whenever the Maryland Uniform Commercial Code creates a “presumption” with respect to a fact or provides that a fact is “presumed” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
2023 Maryland Statutes › Commercial Law › Title 1 - General Provisions › Subtitle 3 - Territorial Applicability and Applicable Law › Section 1-301 - Territorial Applicability; Parties' Power to Choose Applicable Law

(a)    Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State and also to another state or nation, the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties.
(b)    In the absence of an agreement effective under subsection (a) of this section, and except as provided in subsection (c) of this section, the Maryland Uniform Commercial Code applies to transactions bearing an appropriate relation to this State.
(c)    If one of the following provisions of the Maryland Uniform Commercial Code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
(1)    Section 2–402;
(2)    Sections 2A–105 and 2A–106;
(3)    Section 4–102;
(4)    Section 4A–507;
(5)    Section 5–116;
(6)    Section 6–103;
(7)    Section 8–110; or
(8)    Sections 9–301 through 9–307.