Motor Fuel Sales

Baltimore City Code art. 2, subtit. 10

in effect

Baltimore City Code, Article 2, § 10-1 Definitions.

§ 10-1. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) 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. (c) Motor fuel. “Motor fuel” means: (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 (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. (d) 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. (Ord. 24-335 Section 1; Ord. 76-066.)

Baltimore City Code, Article 2, § 10-2 License required for retail dealers.

§ 10-2. License required for retail dealers. (a) 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. (b) Issuance; term. Licenses issued under this section: (1) shall be issued upon written application to the Director of the Department of Consumer Protection and Business Licensing; (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; (3) shall be effective from the date of their issuance until January 1 of the ensuing year; and (4) shall be renewed annually. (c) Fee. A license fee of $150 shall be paid for the issuance of every such license and every renewal thereof. (d) Display of license. Each licensee shall conspicuously display his license at the station, store, garage, or other establishment to which it pertains. (e) 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. (Ord. 25-013 Section 1; Ord. 90-511; Ord. 83-163; Ord. 76-066.)

Baltimore City Code, Article 2, § 10-3 Motor fuel service station facilities.

§ 10-3. Motor fuel service station facilities. (a) 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. (b) Definitions. (1) In general. In this section, unless the context clearly indicates otherwise, the following words have the meanings indicated. (2) 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. (3) 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. (4) 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. (5) 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. (c) 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: (1) toilet facilities and hand washing facilities maintained in good working order and sanitary conditions; (2) hand towels at every self-service island for the use of patrons; and (3) at least 1 water outlet in good operating condition and accessible to patrons. (d) 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. (e) 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. (Ord. 15-346; Ord. 76-066.)

Baltimore City Code, Article 2, § 10-4 Signs.

§ 10-4. Signs. (a) 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. (b) Price signs on pumps. (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. (2) Said sign or signs shall be of a size not larger than 8 inches by 10 inches. (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. (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. (c) 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. (d) 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. (Ord. 24-335 Section 1; Ord. 76-066.)

Baltimore City Code, Article 2, § 10-5 Brand names.

§ 10-5. Brand names. (a) Display of brand name required. (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. (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”. (b) 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. (c) 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. (Ord. 76-066.)

Baltimore City Code, Article 2, § 10-6 Sales to senior citizen drivers.

§ 10-6. Sales to senior citizen drivers. (a) 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. (b) Excepted facilities. The provisions of this section do not apply to retail service station dealers selling motor fuel from the following facilities: (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 (2) convenience stores that sell gasoline through remotely controlled pumps that do not provide motor fuel pump service. (c) 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. (Ord. 90-552.)

Baltimore City Code, Article 2, § 10-7 Injunctions.

§ 10-7. Injunctions. 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. (Ord. 76-066.)

Baltimore City Code, Article 2, § 10-8 Penalties.

§ 10-8. Penalties. (a) In general. (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. (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. (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. (b) Violations of § 10-4(c). Any retail dealer of motor fuel violating §10-4(c) of this subtitle is subject to: (i) for a first offense, a fine of not more than $100; (ii) for a second offense, a fine of not more than $250; (iii) for a third offense, a fine of not more than $500; and (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 § 10-2 of this subtitle. (c) Violations of §10-6. Any retail service station dealer who is convicted of a violation of any provision of § 10-6 of this subtitle is subject to a fine of not more than $25. (Ord. 25-013 Section 1; Ord. 24-335 Section 1; Ord. 90-552; Ord. 76-066.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/2/10Fetched: 10/25/2026