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<baltimore-city-law heading="Subtitle 10 – Motor Fuel Sales">
  <section prefix="§" num="10-1" heading="Definitions.">
    <para num="(a)">In general.
In this subtitle, the following terms have the meanings indicated.</para>
    <para num="(b)" heading="Credit price.">“Credit price” means the total cost, including any fees, for 1 whole measurement unit of regular gasoline sold on the premises that is payable to a fuel station by a customer using a credit card or other non-cash form of payment.</para>
    <para num="(c)" heading="Motor fuel.">“Motor fuel” means:<para num="(1)">a light distillate of petroleum or allied substance with suitable volatility and other characteristics to be used as a fuel for operating internal combustion engines whether or not it is mixed with other materials; or</para>
      <para num="(2)">any other product or liquid when sold for use as a fuel in any type of internal combustion engine furnishing power to operate a motor vehicle.</para>
    </para>
    <para num="(d)" heading="Retail dealer.">“Retail dealer” means any person, firm, or corporation operating a service station, filling station, store, garage, or other place of business for the retail sale of motor fuel or the sale or dispensing of motor fuel for delivery into the service tank or tanks of any motor vehicle which is propelled by an internal combustion motor, other than such a motor vehicle belonging to the person owning or operating said place of business.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §7</annotation>
    <annotation type="History">Ord. 76-066</annotation>
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-2" heading="License required for retail dealers.">
    <para num="(a)" heading="In general.">No retail dealer shall engage in the business of selling motor fuel at retail without first procuring from the Director of the Department of Consumer Protection and Business Licensing a license for each station, store, garage or other establishment at which his said business is to be conducted.</para>
    <para num="(b)" heading="Issuance; term.">Licenses issued under this section:<para num="(1)">shall be issued upon written application to the Director of the Department of Consumer Protection and Business Licensing;</para>
      <para num="(2)">shall be issued only to persons, firms, or corporations who own the business to be licensed and who are the owners or lessees of the premises on which the business is to be conducted;</para>
      <para num="(3)">shall be effective from the date of their issuance until January 1 of the ensuing year; and</para>
      <para num="(4)">shall be renewed annually.</para>
    </para>
    <para num="(c)" heading="Fee.">A license fee of $150 shall be paid for the issuance of every such license and every renewal thereof.</para>
    <para num="(d)" heading="Display of license.">Each licensee shall conspicuously display his license at the station, store, garage, or other establishment to which it pertains.</para>
    <para num="(e)" heading="Requirements supplemental to any other law.">The requirements of this section with respect to licenses are hereby declared to be in addition to, and not in substitution for, license requirements contained in any other statute or ordinance.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §8</annotation>
    <annotation type="History">Ord. 76-066</annotation>
    <annotation type="History">Ord. 83-163</annotation>
    <annotation type="History">Ord. 90-511</annotation>
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-3" heading="Motor fuel service station facilities.">
    <para num="(a)" heading="In general.">The Mayor and City Council of Baltimore finds and declares that the public health, safety, welfare, and convenience require motor fuel service stations offering motor fuel for sale at retail to the public, have and maintain toilet and hand washing facilities and water for motor vehicle purposes.</para>
    <para num="(b)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, unless the context clearly indicates otherwise, the following words have the meanings indicated.</para>
      <para num="(2)" heading="Convert.">“Convert” means to alter or change the method of distribution of motor fuel from full service method of distribution to a minimum service method of distribution by construction, renovation or otherwise altering the method of distribution of motor fuel into the tanks and vehicles of consumers.</para>
      <para num="(3)" heading="Full service.">“Full service” means that service provided by a retail dealer of a motor fuel service station for consumers, including dispensing of motor fuel by the retail dealer or the retail dealer’s employees along with auxiliary services for the repair and maintenance of motor vehicles on the premises inside a garage or other motor fuel service station structure or enclosure.</para>
      <para num="(4)" heading="Minimum service.">“Minimum service” means that service provided by a retail dealer of a motor fuel service station for consumers including the dispensing of motor fuel by a retail dealer or retail dealer’s employees or permitting the consumers to serve themselves by dispensing motor fuel into their own tanks or motor vehicles and does not have a garage or other motor fuel service station structure or enclosure for the repair and maintenance of motor vehicles.</para>
      <para num="(5)" heading="Motor fuel service stations.">“Motor fuel service stations” means any motor fuel service station, service station, filling station, store, garage, or other place of business for the retail sale of motor fuel or the sale or dispensing of motor fuel for delivery into the service tank or tanks of any motor vehicle which is propelled by an internal combustion motor.</para>
    </para>
    <para num="(c)" heading="Free services required.">After January 1, 1980, every retail dealer licensed under this subtitle who opens a new motor fuel service station shall provide free of charge to patrons the following:<para num="(1)">toilet facilities and hand washing facilities maintained in good working order and sanitary conditions;</para>
      <para num="(2)">hand towels at every self-service island for the use of patrons; and</para>
      <para num="(3)">at least 1 water outlet in good operating condition and accessible to patrons.</para>
    </para>
    <para num="(d)" heading="No diminution in service.">Retail dealers currently operating motor fuel service stations shall provide any or all of the facilities required by subsection (c) to the same extent that they are provided by those facilities on January 1, 1980.</para>
    <para num="(e)" heading="Converted stations.">Retail dealers who convert their motor fuel service stations from a full service motor fuel service station to a minimum service motor fuel service station shall provide any or all of the facilities required by subsection (c) to the same extent that they provided those services on January 1, 1980, before the conversion.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §8A</annotation>
    <annotation type="History">Ord. 76-066</annotation>
    <annotation type="History">Ord. 15-346</annotation>
  </section>
  <section prefix="§" num="10-4" heading="Signs.">
    <para num="(a)" heading="Legislative finding.">The City Council finds that the preservation of the natural beauty of Baltimore City requires the limitation of signs advertising prices of motor vehicle fuels at places dispersing fuels in Baltimore City.  Such limitation will equally serve to protect the safety and recreational value of public travel on streets in the City and will better protect the public investment in its streets and highways.  In furtherance of these purposes, the following limitations are enacted.</para>
    <para num="(b)" heading="Price signs on pumps.">
      <para num="(1)">Every retail dealer in motor fuel shall publicly display and maintain on each pump or other dispensing device, from which motor fuel is sold by him, at least 1 sign and not more than 2 signs stating the price per gallon of the motor fuel, the State and Federal taxes, and the total price, sold by him from such pump or device.</para>
      <para num="(2)">Said sign or signs shall be of a size not larger than 8 inches by 10 inches.</para>
      <para num="(3)">The price shown on each of such signs shall include an itemization of the cost per gallon of said motor fuel, the amount of Federal taxes, and the amount of State taxes.</para>
      <para num="(4)">All figures, including fractions, upon said signs, other than figures and fractions used in any price-computing mechanism constituting a part of any such pump or dispensing device, shall be of the same size.</para>
    </para>
    <para num="(c)" heading="Credit price must be displayed.">If a retail dealer in motor fuel posts a sign under § 10-315(e) of the State Business Regulation Article, the sign must include, clearly and visibly, the highest credit price.</para>
    <para num="(d)" heading="Other price signs prohibited.">No signs stating or relating to the prices of motor fuel and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel, other than the signs referred to in  subsections (b) and (c) of this section and required to be displayed upon pumps and other dispensing devices, shall be posted or displayed on or about the premises where motor fuel is sold at retail, and within the view of any public highway or reservation.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §9</annotation>
    <annotation type="History">Ord. 76-066</annotation>
    <annotation type="History" />
  </section>
  <section prefix="§" num="10-5" heading="Brand names.">
    <para num="(a)" heading="Display of brand name required.">
      <para num="(1)">All above-ground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear in a conspicuous place the brand name or trademark of the manufacturer or distributor of the product stored therein or sold or dispensed therefrom.</para>
      <para num="(2)">If the motor fuel stored in or sold or dispensed from above-ground equipment by a retail dealer has no brand name or trademark, each container or dispensing equipment shall have conspicuously displayed thereon the words “No Brand”.</para>
    </para>
    <para num="(b)" heading="Adulteration or substitution prohibited.">No person shall adulterate or permit the adulteration of any motor fuel or lubricating oil offered for sale or sold under a brand name or trademark or distinguishing mark of the manufacturer or distributor of said products, or substitute or permit the substitution of any other motor fuel or lubricating oil therefor.</para>
    <para num="(c)" heading="Dispensed product to comport with displayed name.">No person shall sell or dispense, or offer to sell or dispense, from any pump, tank, or other dispensing device or container any motor fuel or lubricating oil other than that indicated by the name, trade name, trademark, symbol, sign, or other distinguishing mark of the manufacturer or distributor of said product, if any, appearing on said pump, tank, or other dispensing device or container.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §10</annotation>
    <annotation type="History">Ord. 76-066</annotation>
  </section>
  <section prefix="§" num="10-6" heading="Sales to senior citizen drivers.">
    <para num="(a)" heading="Senior citizens entitled to self-service price.">Except as provided in subsections (b) and (c) of this section, any retail service station dealer who provides a price reduction on motor fuel for self-service shall provide, upon request, refueling services at self-service pumps at the self-service price to senior citizens upon proof that said driver is 70 years old or older.</para>
    <para num="(b)" heading="Excepted facilities.">The provisions of this section do not apply to retail service station dealers selling motor fuel from the following facilities:<para num="(1)">exclusively self-service stations which have remotely controlled gas pumps, which are operated by a single cashier, and which do not provide motor fuel pump service; or</para>
      <para num="(2)">convenience stores that sell gasoline through remotely controlled pumps that do not provide motor fuel pump service.</para>
    </para>
    <para num="(c)" heading="Section not applicable to accompanied driver.">This section does not apply to any senior citizen driver age 70 or older who is accompanied by another person who is capable of providing self-service.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §10A</annotation>
    <annotation type="History">Ord. 90-552</annotation>
  </section>
  <section prefix="§" num="10-7" heading="Injunctions.">
    <text>Any court of competent jurisdiction shall have jurisdiction in equity to enjoin the habitual, continued, or repeated violation of any provision of this subtitle by any retail dealer.  Petitions for such relief may be filed by any person injured or damaged by such violation.</text>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §12</annotation>
    <annotation type="History">Ord. 76-066</annotation>
  </section>
  <section prefix="§" num="10-8" heading="Penalties.">
    <para num="(a)" heading="In general.">
      <para num="(1)">Except as provided under  subsections (b) and (c) of this section, whoever, himself or by his agent or servant, violates any provision of this subtitle shall be punished by a fine of not less than $10 nor more than $100.</para>
      <para num="(2)">Upon the 2nd conviction of any licensee or any such violation, whether by himself or by his agent or servant, the Director of the Department of Consumer Protection and Business Licensing may suspend the right of such licensee to engage in the business of selling motor fuel at retail for a period not exceeding 3 months.</para>
      <para num="(3)">Upon a 3rd or subsequent conviction of any license of any such violation, whether by himself or by his agent or servant, the Director of the Department of Consumer Protection and Business Licensing may suspend such right for a period not exceeding 1 year.</para>
    </para>
    <para num="(b)" heading="Violations of">Any retail dealer of motor fuel violating &lt;cite data-path="2|§10-4|(c)"&gt;§10-4(c)&lt;/cite&gt; of this subtitle is subject to:<para num="(i)">for a first offense, a fine of not more than $100;</para>
      <para num="(ii)">for a second offense, a fine of not more than $250;</para>
      <para num="(iii)">for a third offense, a fine of not more than $500; and</para>
      <para num="(iv)">for a fourth or subsequent offense, a fine of not more than $1,000 and the suspension of the retail dealer’s license under &lt;cite data-path="2|§10-2"&gt;§ 10-2&lt;/cite&gt; of this subtitle.</para>
    </para>
    <para num="(c)" heading="Violations of">Any retail service station dealer who is convicted of a violation of any provision of &lt;cite data-path="2|§10-6"&gt;§ 10-6&lt;/cite&gt; of this subtitle is subject to a fine of not more than $25.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 14, §11</annotation>
    <annotation type="History">Ord. 76-066</annotation>
    <annotation type="History">Ord. 90-552</annotation>
    <annotation type="History" />
    <annotation type="History" />
  </section>
</baltimore-city-law>
