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<section article="gbr" article_name="Business Regulation" number="10-311" title_number="10" title_name="Motor Fuel and Lubricants" subtitle_number="3" subtitle_name="Inspection and Sale of Motor Fuel">
  <level label="a">
    <text>Except as provided in subsections (c) and (d) of this section, each retail service station in the State:</text>
    <level label="1">
      <text>shall be operated by a retail service station dealer; and</text>
    </level>
    <level label="2">
      <text>may not be operated by a producer or refiner of motor fuel:</text>
      <level label="i">
        <text>with a commissioned agent, company personnel, or a subsidiary company; or</text>
      </level>
      <level label="ii">
        <text>under a contract with a person who manages the station on a fee arrangement with the producer or refiner.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>This section does not apply to facilities that an agricultural cooperative association owns and operates if:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>the certification is submitted to the Comptroller with the application for registration of a retail service station dealer under this subtitle;</text>
    </level>
    <level label="3">
      <text>the agricultural cooperative association owns the property on which the facilities are located; and</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>A retail service station shall be exempt from subsection (a) of this section for a fiscal year that starts July 1, if:</text>
    <level label="1">
      <text>on January 1, 1979, the station was operated by a subsidiary of a producer or refiner of motor fuel; and</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
