Md. Code Regs. 03.03.05.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 03.03.05.07 - Registration

A. Definitions. As used in this regulation and for the purposes of the administration of Business Regulation Article, §10-303, Annotated Code of Maryland:

(1) "Company" means a sole proprietorship, partnership, corporation, or other business entity;

(2) "Enclosed work areas" means a service bay;

(3) "Jobber" means a company other than a wholesaler, that acquires possession of motor fuel for bulk resale;

(4) "Manufacturer" means producer;

(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 outlet" means the real property and its improvements from which motor fuel is sold at retail and delivered into the tanks of motor vehicles or vessels;

(9) "Retail service station dealer" means a company offering motor fuel for sale at retail;

(10) "Service of motor vehicles" means at least lubrication, oil change, tire repair, battery charge, and replacement of fan belts, radiator hoses, and wiper blades;

(11) "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;

(12) "Wholesaler" means a "dealer" or "distributor" as defined in Tax-General Article, §9-301, Annotated Code of Maryland.

B. Registration. Each company proposing to sell motor fuel in Maryland as a wholesaler, diesel fuel seller, heating oil distributor, manufacturer, refiner, jobber, or retail service station dealer, shall:

(1) Obtain a Certificate of Registration from the Bureau before initially selling or exposing or offering for sale any motor fuel;

(2) Obtain a renewal Certificate of Registration from the Bureau before June 1 before selling or exposing or offering for sale motor fuel during each State fiscal year after initial registration; and

(3) Display prominently a current Certificate of Registration at the location from which the motor fuel is sold.

C. Form of Application. Applications for Certificates of Registration for each class of motor fuel seller shall be in such form and require such information that is not inconsistent with these regulations and the Motor Fuel and Lubricants Law, as required by the Comptroller for enforcement of these regulations and that law.

D. Restriction on Issuance of Certificates of Registration to the Retail Service Station Dealer Class.

(1) A Certificate of Registration may not be issued to a company whose retail outlet has been physically changed in any manner, excepting normal maintenance, after July 1, 1977, and before October 1, 2000, unless the retail outlet contains enclosed work areas from which the applicant offers or will offer the service of motor vehicles, irrespective of whether motor vehicle fuel is purchased.

(2) Exceptions. This restriction does not apply to the following applications:

(a) An applicant whose retail outlet did not have enclosed work areas immediately before being physically changed in any manner, excepting normal maintenance; or

(b) An applicant at whose retail outlet motor fuel was not previously sold or exposed or offered for sale.

E. Issuance of Temporary Retail Service Station Dealer Certificates of Registration to Producers or Refiners.

(1) Subject to §D of this regulation, a producer or refiner which satisfies the criteria specified in Regulation .25A will be issued upon application a 90-day retail service station dealer Certificate of Registration.

(2) Subject to §D of this regulation, a producer or refiner entitled, under Regulation .25E of this chapter, temporarily to operate a retail service station will be issued upon application a temporary retail service station dealer Certificate of Registration, the term of which will be coextensive with the period of entitlement. For the purposes of this subsection an authorization which expires due to the grant of an extension under Regulation .25 of this chapter will constitute an enlargement of the original period of entitlement.

(3) A Certificate of Registration issued under these regulations does not authorize the operation of a retail service station in violation of the provisions of Business Regulation Article, Title 10, Subtitle 3, Annotated Code of Maryland.

Md. Code Regs. 03.03.05.07

Regulation .07 amended effective February 22, 1988 (15:4 Md. R. 470)
Regulation .07A amended effective February 9, 1979 (6:3 Md. R. 148)
Regulation .07B amended effective February 9, 1979 (6:3 Md. R. 148); September 14, 1981 (8:18 Md. R. 1477)
Regulation .07D amended effective February 9, 1979 (6:3 Md. R. 148)
Regulation .07F amended effective February 9, 1979 (6:3 Md. R. 148)