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<section article="gcl" article_name="Commercial Law" number="11-503" title_number="11" title_name="Trade Regulation" subtitle_number="5" subtitle_name="Cigarette Sales Below Cost Act">
  <level label="a">
    <text>In a wholesale sale of cigarettes, the presumptive wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle may be reduced by 2 cents for each carton of 200 cigarettes, if:</text>
    <level label="1">
      <text>The cigarettes are not delivered unless their full price is received by the wholesaler at or before delivery; and</text>
    </level>
    <level label="2">
      <text>The purchaser performs or pays for the cartage cost of the cigarettes to the place of business of the purchaser.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>In the absence of satisfactory proof of a lesser aggregate cost of doing business, a vending machine operator or retailer who purchases cigarettes at prices ordinarily invoiced to a wholesaler and who receives the wholesaler’s discounts on them shall:</text>
      <level label="i">
        <text>First, add to his basic cost of cigarettes the wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle to cover the cost of doing business as a wholesaler; and</text>
      </level>
      <level label="ii">
        <text>Then, on the resultant sum, add the retail markup of 8 percent provided for in § 11-501(d) of this subtitle.</text>
      </level>
    </level>
    <level label="2">
      <text>If the discount received by the vending machine operator or retailer is less than that ordinarily allowed to wholesalers, the wholesale markup of 5 percent may be reduced by the difference between the discount ordinarily allowed to wholesalers and the discount received by the retailer or vending machine operator.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A wholesaler who sells cigarettes to another wholesaler or to a vending machine operator is not required to include in his selling price the cost to the wholesaler. However, in the absence of satisfactory proof of a lesser cost for the service rendered, the wholesaler shall include in the selling price his basic cost of cigarettes, plus a charge of 1 percent of his basic cost of cigarettes.</text>
    </level>
    <level label="2">
      <text>If a wholesaler purchases cigarettes from another wholesaler, then, on resale of the cigarettes to a retailer, he is the wholesaler for the purposes of this subtitle.</text>
    </level>
  </level>
</section>
