Current with changes from the 2024 Legislative Session
Section 10-311 - Operation of station(a) Except as provided in subsections (c) and (d) of this section, each retail service station in the State: (1) shall be operated by a retail service station dealer; and(2) may not be operated by a producer or refiner of motor fuel: (i) with a commissioned agent, company personnel, or a subsidiary company; or(ii) under a contract with a person who manages the station on a fee arrangement with the producer or refiner.(b) This section does not apply to facilities that an agricultural cooperative association owns and operates if:(1) the agricultural cooperative association is certified by a bank for cooperatives to be eligible to borrow from the bank under Subchapter III of the federal Farm Credit Act of 1971;(2) the certification is submitted to the Comptroller with the application for registration of a retail service station dealer under this subtitle;(3) the agricultural cooperative association owns the property on which the facilities are located; and(4) on the property, the agricultural cooperative association, as part of its business, sells or provides farm supplies or farm business services or distributes motor fuel in bulk to farmers on farms.(c) A retail service station shall be exempt from subsection (a) of this section for a fiscal year that starts July 1, if:(1) on January 1, 1979, the station was operated by a subsidiary of a producer or refiner of motor fuel; and(2) the gross revenues of the subsidiary from the sale of motor fuel in the State for the preceding calendar year is less than 2% of the gross revenues of the subsidiary from all retail operations in the State for the preceding calendar year.(d) If a dealer has previously operated a retail service station, the Comptroller may adopt regulations that define the circumstances in which a producer or refiner temporarily may operate the station.