2218

LAWS OF MARYLAND

[Ch. 373

Article - Commercial Law

Section 11-304(k) [[and 11-304(1)]]

Annotated Code of Maryland

(As enacted by Chapter ____ (HB 26) of the

Acts of the General Assembly of 1975)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new [[Sections 11-304(k) and 11-304(1) be
and they are]] Section 11—304(k) be and it is hereby
added to Article — Commercial Law, of the Annotated Code

of Maryland (As enacted by Chapter ____ (HB 26) of the

Acts of the General Assembly of 1975) to read as follows:

Article - Commercial Law

11-304.

(K) A CLAUSE IN ANY LEASE OR CONTRACT FROM A
PRODUCER OR REFINER TO A DEALER FOR THE USE OF A RETAIL
SERVICE STATION PROVIDING FOR A MINIMUM MONTHLY RENTAL
BASED ON A CERTAIN VOLUME OF SALES IS NOT ENFORCEABLE TO
THE EXTENT THE MINIMUM RENT EXCEEDS A SUM EQUAL TO THE
MINIMUM RENT PROVIDED FOR IN THE LEASE OR CONTRACT TIMES
A FRACTION, THE DENOMINATOR OF WHICH IS THE NUMBER OF
GALLONS OF GASOLINE ON WHICH THE MINIMUM RENT IS BASED
AND THE NUMERATOR OF WHICH IS THE NUMBER OF GALLONS OF
GASOLINE MADE AVAILABLE BY THE PRODUCER OR REFINER TO THE
DEALER FOR THAT MONTH.

[[(L) A LEASE OR CONTRACT BETWEEN A PRODUCER OR
REFINER AND A DEALER FOR THE USE OF A RETAIL SERVICE
STATION WHICH IS RENEWED OR ENTERED INTO AFTER JULY. 1,
1975, MAY NOT PROVIDE FOR A FIXED MINIMUM RENTAL, BUT ANY
RENTALS UNDER THE LEASE SHALL BE BASED ONLY ON THE
GALLONS OF GASOLINE SOLD BY THE DEALER DURING THE PERIOD
COVERED BY THE RENTAL.]]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1975.

Approved April 22, 1975.

CHAPTER 374
(Senate Bill 954)

AN ACT concerning