Sec. 03.03.05.24. Ban Against Operation of Service Stations by Producers or Refiners

A. In this regulation and Regulation .25 of this chapter, and for the purposes of the administration of Business Regulation Article, §10-311, Annotated Code of Maryland, the following terms have the meanings indicated:

B. Terms Defined.

(1) "Commissioned agent" means a company (or any of its officers, directors, agents, or employees) which directly or indirectly receives, from a producer or refiner and for participation in the operation of a station, compensation determined by reference to the profits earned or revenues generated at a station.

(2) "Company" means a sole proprietorship, partnership, corporation, or other business entity.

(3) "Company personnel" means one or more employees, servants, or agents of a producer, a refiner, or a subsidiary of a producer or refiner.

(4) "Fee arrangement" means any agreement whereby a company (or any of its officers, directors, agents, or employees) directly or indirectly receives, from a producer or refiner and for participation in the operation of a station, compensation determined other than by reference to the profits earned or revenues generated at a station.

(5) "Motor vehicle fuel" or "motor fuel" means gasoline, special fuels, or both.

(6) "Producer" means a company which engages (or which has an agent, a parent company, a subsidiary, or a joint venturer which engages) in extracting crude oil from the earth.

(7) "Refiner" means a company which engages (or which has an agent, a parent company, a subsidiary, or a joint venturer which engages) in refining crude oil into motor fuel.

(8) "Retail service station" or "station" means the real property and its improvements from which motor fuel is sold at retail and delivered into the tanks of motor vehicles.

(9) "Retail service station dealer" or "dealer" means a company engaged in the operation of a station, which company (and its officers, directors, agents, and employees) is neither a producer, refiner, commission agent, party to a fee arrangement, subsidiary of a producer or refiner, nor operated by company personnel.

(10) "Subsidiary" means a company which has more than 50 percent of its assets, capital stock, or voting securities held directly or through attribution by another company or which as a practical matter is controlled by another company. Practical control shall be presumed to exist if 15 percent or more of the assets, capital stock, or voting securities of a company are held directly or through attribution by another company.