332 Md. 279 (1993) 631 A.2d 77

ALLIED VENDING, INC. ET AL.
v.
THE CITY OF BOWIE, MARYLAND ET AL.

No. 108, September Term, 1992.

Court of Appeals of Maryland.

September 17, 1993. As Corrected on Denial of Reconsideration October 29, 1993.

Bruce C. Bereano, argued and on brief (Kevin Reynolds, on brief), Annapolis, for petitioner.

Angus R. Everton, argued (Roy L. Mason and Terrence C. McAndrews, Mason, Ketterman & Morgan, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

KARWACKI, Judge.

We issued a writ of certiorari in this case to determine the validity of ordinances enacted by two municipalities which restrict the placement of state-licensed cigarette vending machines to locations which are not generally accessible to minors. The Circuit Court for Prince George's County determined that the ordinances were valid. We shall hold that the municipal ordinances are pre-empted by state law, more specifically, the cigarette licensing scheme provided by Maryland Code (1957, 1991 Cum.Supp.), Article 56, §§ 607 through 631, and therefore, shall reverse.

I.

On July 23, 1990, the City of Takoma Park enacted Ordinance No. 1990-39, which repealed and reenacted with amendments, Chapter 10B of the Takoma Park Code ("Takoma Park ordinance"). As enacted, § 10B-15(a) provides that "[n]o person shall sell tobacco products through a vending machine without first obtaining a permit for the placement of a cigarette vending machine in compliance with the provisions of [this ordinance]."^[1] Section 10B-16 provides:

"(a) No permit shall be issued for placement of a cigarette vending machine except in locations which are not generally accessible to or frequented by minors, such as bars, cocktail lounges, liquor stores, and private clubhouses for members of fraternal or civic organizations not operated as public businesses or open to the general public.

"(b) Notwithstanding the foregoing, no permit shall be issued for a cigarette vending machine which is:

(1) Located in a coat room, restroom, unmonitored hallway, outer waiting area, or similar unattended or unmonitored area of a bar, cocktail lounge, liquor store, private clubhouse or other place to which minors are not generally permitted access; or

(2) Accessible to the public when the establishment is closed.

"(c) The burden of showing that a location is not generally accessible to or frequented by minors shall be on the person who is seeking a permit for a cigarette vending machine."

Section 10B-17 requires the permit to be posted on, or conspicuously in the immediate vicinity of, the cigarette vending machine. Under Section 10B-34(f), a violation of the Takoma Park ordinance by either the cigarette vending machine vendor or the person in charge of any area in which a cigarette vending machine is located, subjects the violator to a $75.00 fine for the first day there is a violation and to a $150.00 fine for each subsequent day there is a violation.

The purposes for the enactment of these provisions were set forth in the ordinance's preamble as follows:

"WHEREAS, the Council wishes to discourage minors from experimenting with smoking and to make tobacco products less accessible to minors by restricting where cigarette vending machines are placed ... and...

"WHEREAS, smoking by minors is detrimental to the public health and contrary to public policy; and . ..

"WHEREAS, smoking has been linked to lung cancer, respiratory disease and heart disease; and ...

"WHEREAS, the Surgeon General has determined that smoking is the leading cause of preventable death; and ...

"WHEREAS, nicotine in tobacco has been found by the Surgeon General to be a powerfully addictive drug and it is therefore important to prevent minors from using nicotine until they are mature and capable of making an informed and rational decision; and

"WHEREAS, everyday more than 3,000 minors begin smoking; and

"WHEREAS, one-half of all smokers began smoking before the age of 18; and

"WHEREAS, Article 27, Section 404 of the Annotated Code of Maryland prohibits the sale of tobacco products to minors; and

"WHEREAS, despite the Maryland state law, access by minors to tobacco products is a major problem; and

"WHEREAS, cigarette vending machines are often located in unattended or unmonitored areas where minors can readily purchase tobacco products; and

"WHEREAS, a City permit requirement which would allow the placement of cigarette vending machines only in establishments which are not generally accessible to or frequented by minors or are not open to the general public would help restrict the access of minors to tobacco products; and

"WHEREAS, a City cigarette vending machine permit is necessary for regulatory purposes to more effectively restrict the access of minors to tobacco products in the interest of public health."

On April 15, 1991, the City of Bowie enacted ordinance 0-1-91 ("Bowie ordinance"), which added a new section, § 11-4, to the City of Bowie Code and which is nearly identical to the Takoma Park ordinance. After stating the purposes for its enactment, which are similar to those provided in the preamble to the Takoma Park ordinance, § 11-4(D)(1) of the Bowie ordinance provides that a cigarette vending machine "shall not be placed or permitted to remain in the city in a public place unless a license for its location has been obtained from the city."^[2] Section 11-4(E) provides:

"(E) License Restrictions.

(1) No license shall be issued for placement of a vending machine except in locations which are not generally accessible to or frequented by minors, including by way of example, bars, cocktail lounges, and private clubhouses for members of fraternal or civic organizations not operated as public businesses or open to the general public.

(2) Notwithstanding the foregoing, no license shall be issued for a vending machine which is:

(a) located in an unmonitored coat room, restroom, outer waiting area, or similar unattended or unmonitored area of such establishments; or

(b) accessible to the public when the establishment at which the vending machine is located is closed.

(c) located in an area which is less than twenty five (25) feet from any point of public ingress to or public egress from the establishment."

Under § 11-4(H), the City Manager may revoke or refuse to renew a license for repeated distributions of cigarettes to minors from a vending machine or for placing a vending machine in a public place without a license. Under the Bowie ordinance, the failure to obtain or renew a license, placing a vending machine in an unlicensed location, or the failure to properly display the license is a violation punishable by a fine of $100.00 for the first offense and $400.00 for each subsequent offense. §§ 11-4(I) and 11-5.

II.

On September 12, 1991, appellants, Allied Vending, Inc. ("Allied") and D.C. Vending Co., Inc. ("D.C. Vending") filed a declaratory judgment action in the Circuit Court for Prince George's County against the City of Bowie, City of Takoma Park, and Alexander Williams, Jr., the State's Attorney for Prince George's County,^[3] seeking declaratory relief that the ordinances were invalid and requesting both interlocutory and permanent injunctive relief prohibiting the enforcement of the ordinances.^[4] In their complaint, the vendors asserted that the ordinances were invalid for the following reasons: 1) they are pre-empted by state law; 2) they are in conflict with state law; 3) they affect the entire state and thus are not local laws; 4) they were not enacted pursuant to any express authority granted to a municipal corporation; 5) they are pre-empted by federal law; 6) they are in conflict with federal law; 7) they impair the vendor's contracts; 8) they deny the vendors equal protection of the law; and 9) they are void for vagueness and violate other due process guarantees.

Following a two-day trial, the circuit court filed an extensive written opinion rejecting each of the vendors' arguments and ruling that both ordinances were valid and enforceable. After appealing to the Court of Special Appeals, the vendors petitioned this Court for a writ of certiorari, which we issued prior to any consideration of the case by the intermediate appellate court, 328 Md. 741, 616 A.2d 904.

Because we shall hold that the ordinances are pre-empted by state law, we will not address any of the vendors' other arguments. Before we discuss pre-emption, however, it would be useful to explain the background behind this dispute and the state laws governing the licensing of cigarette vending machines.

A.

The vendors, Allied and D.C. Vending, own and operate cigarette vending machines. The vendors are licensed by the State of Maryland to operate cigarette vending machines in the Cities of Bowie and Takoma Park. At the time of the trial, Allied was licensed by the State to operate cigarette vending machines in several locations in Bowie, including Bob's Big Boy Restaurant, Bowie Golf and Country Club, and Pizza Cafe. The cigarette vending machines were operated in each location pursuant to an oral agreement with the owners of each of the premises, terminable at the will of either party. Under the agreement, Allied was required to pay the owners a monthly commission on each pack of cigarettes sold, varying from 5 cents per pack at the Bowie Golf and Country Club, 17 cents per pack at the Pizza Cafe, and 37 cents per pack at Bob's Big Boy Restaurant. Allied's President, Paul Oh, testified that its profit from a pack of cigarettes is approximately 50 cents and that approximately 63 percent of Allied's total business is derived from sales through cigarette vending machines.

D.C. Vending operates a cigarette vending machine at the New Hampshire Motor Inn in Takoma Park under a similar oral agreement. William John Deoudes, D.C. Vending's Vice President, testified that it pays the owner a monthly commission of 15 cents on each pack sold and receives a profit of approximately 30 cents per pack. He also testified that approximately 85 percent of D.C. Vending's business is derived from sales through cigarette vending machines.

With regard to the location of the cigarette vending machines, the trial court found as a fact that all of the cigarette vending machines involved in this case were located in places which were generally accessible to minors.

B.

Prior to the enactment of the ordinances, the licensing of cigarette vending machines was accomplished exclusively in accordance with Md.Code (1957, 1991 Cum.Supp.), Article 56, §§ 607 through 631.^[5] Sections 607 through 631 are comprehensive provisions governing the appropriate licenses necessary to sell cigarettes in Maryland at wholesale, retail, over-the-counter, and through cigarette vending machines. In order to operate a cigarette vending machine within this State, a vendor must obtain two licenses for each machine.

If a vendor operates cigarette vending machines on 40 or more premises, the vendor is required to obtain a license to engage in the business of a cigarette vending machine operator ("cigarette vending machine operator's license") from the Comptroller of the Treasury for a flat fee of $250.00. §§ 610(d), (f), (o), 611(a), 612(c), 613(a)(2). An application for a cigarette vending machine operator's license is made to the Comptroller on the form and containing the information that the Comptroller requires. § 612(c).

If a vendor operates cigarette vending machines on less than 40 premises, the vendor is required to obtain a license to engage in the business of a cigarette retailer ("cigarette retailer's license") from the clerk of the circuit court for the county where the cigarette vending machine is to be located.^[6] §§ 610(b), (f), (h), (l), 611(a)(2), 612(a), 613(b). For a vendor operating cigarette vending machines on less than 40 premises, a cigarette retailer's license is required for each cigarette vending machine and costs $3.00. § 612(a). An application for a cigarette retailer's license is made to the clerk of the circuit court on the form the clerk requires and containing the information the Comptroller requires. Id.

In addition to obtaining either a cigarette vending machine operator's license or a cigarette retailer's license for each cigarette vending machine, a vendor is required to obtain for each vending machine a license to make retail sales of cigarettes ("county license") from the clerk of the circuit court for the county where each cigarette vending machine is located for a fee of $25.00.^[7] §§ 612(a), (c), 631. The county license, required to make retail sales of cigarettes, has been required since 1890. See Chapter 91 of the Acts of 1890. The cigarette vending machine operator's license and the cigarette retailer's license have been required since 1956. See Chapter 90 of the Acts of 1956.

The Comptroller, in Title 03, Subtitle 02, Chapter 03 of COMAR, has promulgated regulations governing the information required in the applications for all types of cigarette licenses, including the requirement that the applicant provide the addresses where cigarette vending machines are located. COMAR 03.02.03 provides in relevant part:

".03 Applications for Cigarette Licenses.

A. Applications for a retailer's cigarette license or licenses shall show the name and address of the place where cigarettes are sold.

B. Applications for more than one cigarette license shall be accompanied by a list of locations stating names and addresses where cigarettes are sold.

C. Applications by vending machine operators ... for a [cigarette vending machine operator's license] shall be accompanied by a list showing:

(1) Names and addresses where cigarette vending machines are located;

(2) The number of machines at each location; and

(3) The address of the established place of business maintained by the applicant for the purchase of cigarettes, including but not limited to, the maintenance of warehousing facilities for the storage and distribution of cigarettes.

.04 Record Keeping and Licensing.

A. Holders of any cigarette license shall keep and maintain available for inspection during business hours, for a period of 2 years, the following:

(1) All invoices and bills of lading;

(2) All records covering all purchases and sales of cigarettes; and

(3) All records of merchandise sold in connection with cigarettes.

B. The records in § A of this regulation shall be subject to inspection wherever they may be found....

H. A vending machine operator holding a cigarette license shall notify the Comptroller within 10 days of the following:

(1) Discontinuance of a location; or

(2) Addition of a new location."

Other provisions of Article 56 govern the scope of the licenses, § 614, the term and renewal of the licenses, §§ 615 and 631(f), the assignment, transfer and surrender of the license, § 616, and the denial, suspension and revocation of licenses, §§ 618-621. In addition, § 617 provides:

"(a) License display. — A licensee shall display a cigarette license in the manner that the Comptroller requires by regulation.

(b) Cigarette display and vending machine label requirements. — A licensee who sells cigarettes through a vending machine shall:

(1) Position each package of cigarettes in a vending machine so that the tax stamps required in § 12-304 of the Tax-General Article[^[8]] are visible when the package is in an area of the vending machine that allows the package to be seen;

(2) Identify each vending machine:

(i) With a conspicuous label that states the licensee's name, address, and telephone number; and

(ii) In the manner that the Comptroller requires by regulation; and

(3) Display, in the manner that the Comptroller requires by regulation, a conspicuous label that states the age requirement and penalty as provided under Article 27, §§ 404 and 405 of the Code."

Section 617(3) is a recent addition to the section, added by Chapter 301 of the Acts of 1989. Chapter 301 raised the minimum age of a person, from 16 years to 18 years of age, to whom it is lawful to sell cigarettes or other tobacco products. See Md.Code (1957, 1992 Repl.Vol.), Art. 27, § 404.^[9] Chapter 301 also added Article 27, § 405(b), which exempts from criminal penalties a cigarette machine vendor from whose machine a minor has purchased cigarettes if the vendor complies with the display requirements of § 617(b)(3).^[10] Article 27, § 405(b) provides:

"(b) Exceptions. — If the requirements of Article 56, § 617(b)(3) of the Code are satisfied, the provisions of subsection (a) of this section do not apply to the owner of a tobacco product vending machine or any other person exercising control over a tobacco product if a person under 18 has purchased a tobacco product from a vending machine."

Under the authority granted in § 617, the Comptroller has promulgated regulations governing the display of cigarette licenses. COMAR 03.02.03.04 provides in relevant part:

"D. Cigarette Vending Machine Requirements.

(1) A licensee who sells cigarettes at retail through a vending machine shall display on each machine:

(a) A label that indicates the licensee's name, address, and telephone number; and

(b) The label provided by the Comptroller that states the:

(i) Age requirement for the purchase of cigarettes, and

(ii) Penalty as provided by Article 27, §§ 404 and 405.

(2) Operators of cigarette vending machines not covered in § D(1)(a) shall display the retailer's cigarette license on the machines they operate.

E. Other holders of retailer's cigarette licenses shall visibly display the license on the premises where cigarettes are sold."

The cigarette license fees paid to the Comptroller are used to administer the licensing scheme embodied in §§ 607 through 631 and enforcement of the Cigarette Sales Below Cost Act.^[11] § 624. Section 628(a) provides:

"[t]he Comptroller shall seal a [cigarette] vending machine to prevent the sale or removal of cigarettes from the vending machine if:

(1) the tobacco tax stamp is not visible on packages of cigarettes in the vending machine, as required in § 617 of this subtitle; or

(2) The vending machine is not labeled as required under § 617...."

There are numerous criminal offenses punishable by fines or jail, which are provided in the licensing scheme. These provisions include operating without a cigarette vending machine operator's license or a cigarette retailer's license, § 630(a), operating without a county license, § 631(j), violating regulations issued by the Comptroller, including the regulations governing display of cigarette licenses, § 631(k), improper display of the county license, 631(g), and willfully tampering with a seal placed on a cigarette vending machine by the Comptroller. § 630(b). These provisions are in addition to those which allow the Comptroller to deny a license to an applicant, reprimand any licensee, or suspend or revoke a license. §§ 618, 631(h).

Under Md.Code (1990 Repl.Vol.), § 11-507 of the Commercial Law Article and Md.Code (1988), § 2-107 of the Tax-General Article, the Comptroller is given authority to enforce the Cigarette Sales Below Cost Act and the tobacco tax laws of Title 12 of the Tax-General Article. The record indicates that during fiscal year 1990, there were over 3,000 inspections of retail outlets, including inspections of cigarette vending machines. Marion E. Schanze, Assistant Director of the Alcohol and Tobacco Tax Division of the Comptroller of the Treasury, testified that the enforcement unit of the Comptroller's office conducts inspections of approximately ten percent of the cigarette vending machines for each cigarette vending machine operator's license issued by the Comptroller and makes spot inspections of many cigarette retailers. Although there is no express provision for enforcement of the warning label requirement, it is clear from the record that this warning label requirement, imposed by both § 617(b)(3) and COMAR 03.02.03.04D, is enforced by the Comptroller. For as stated previously, it is a misdemeanor to fail to comply with a regulation issued by the Comptroller, § 631(k), (l) and subjects the vendor or other person exercising control over the vending machine to a fine if a minor purchases cigarettes from a vending machine that does not display the warning label. Art. 27, §§ 404, 405.

C.

The powers of incorporated municipalities are provided in Article XI-E of the Maryland Constitution and Article 23A of the Maryland Code. Mayor of Forest Heights v. Frank, 291 Md. 331, 342, 435 A.2d 425, 431 (1981). Under Article XI-E, § 3 of the Maryland Constitution, each municipal corporation in Maryland is vested with "the power and authority ... to amend or repeal an existing charter or local laws relating to the incorporation, organization, government, or affairs of said municipal corporation heretofore enacted by the General Assembly of Maryland, ... and to amend or repeal any charter adopted under the provisions of this Article." This authority is qualified by Article XI-E, § 6, of the Maryland Constitution which provides that "[a]ll charter provisions, or amendments thereto, adopted under the provisions of this Article, shall be subject to all applicable laws enacted by the General Assembly." Likewise, Maryland Code (1957, 1990 Repl.Vol.), Article 23A, § 2 provides:

"(a) The legislative body of every incorporated municipality in this State, except Baltimore City, by whatever name known, shall have general power to pass such ordinances not contrary to the Constitution of Maryland, public general law, or, except as provided in § 2B of this article, public local law as they may deem necessary in order to assure the good government of the municipality, to protect and preserve the municipality's rights, property, and privileges, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience of the citizens of the municipality...."

Following this delegation of general power, Article 23A, § 2(b) grants certain express powers to municipal corporations and provides in relevant part:

"(b) In addition to, but not in substitution of, the powers which have been, or may hereafter be, granted to it, such legislative body also shall have the following express ordinance-making powers: ...

(32) To exercise the licensing authority granted in Article 56 and other provisions of the law.

(33) Subject to the limitations imposed under Article 24 of the Code, the Tax-General Article, and the Tax-Property Article, to establish and collect reasonable fees and charges:

(i) For the franchises, licenses, or permits authorized by law to be granted by a municipal corporation...."

The enactment of Article 23A, § 2(b)(32) and (33) was an unambiguous response by the General Assembly to our decision in Campbell v. City of Annapolis, 289 Md. 300, 424 A.2d 738 (1981). In Campbell, we determined that a rental dwelling license fee imposed by the Annapolis City Code was invalid because the fee had not been expressly authorized by the General Assembly. In response to Campbell, the General Assembly enacted two identical bills as emergency legislation. Those bills added Article 23A, § 2(b)(32) and (33). See Vytar Assocs. v. City of Annapolis, 301 Md. 558, 561, 483 A.2d 1263, 1264-65 (1984); 67 Op.Att'y Gen. 307 (1982). Thus, subsections (32) and (33) enable municipal corporations to exercise the licensing authority granted in Article 56, and further, to establish and collect reasonable fees for the licenses and permits authorized in Article 56 to be granted by municipal corporations.

The ability of a municipal corporation to regulate businesses through licensing and permitting processes is circumscribed in part by Article 56, § 12. Section 12 provides in relevant part:

"Except as otherwise expressly provided in this article, no county, city or other political subdivision of this State shall require any person, firm or corporation to obtain a permit or license to transact in such county, city or other political subdivision any business or occupation for which it or he is required to obtain a State license under the provisions of this article, nor shall any county, city or other political subdivision of this State levy an occupational tax or fee upon such person, firm or corporation for transacting any such business or engaging in any such occupation for which such State license is required. Notwithstanding the provisions of this section, any county, city or other political subdivision of this State may require permits or licenses to be obtained where necessary for regulatory purposes in the interest of the public health, safety or morals."

Although municipalities may require permits or licenses for regulatory purposes in the interest of the public health, safety or morals, this authority is "subject to all applicable laws enacted by the General Assembly." Md. Const. Art. XI-E, § 6. Moreover, ordinances passed pursuant to such authority are permissible as long as they are "not contrary to the Constitution of Maryland [or] public general law...." Art. 23A, § 2(a). In short, if the General Assembly has pre-empted a certain field, such as the sale of cigarettes through cigarette vending machines, it is irrefutable that municipalities have no authority to legislate in that field.

III.

We recognized in Ad + Soil, Inc. v. County Comm'rs, 307 Md. 307, 513 A.2d 893 (1986),

"[t]he doctrine of pre-emption is grounded upon the authority of the General Assembly to reserve for itself exclusive dominion over an entire field of legislative concern. When properly invoked, the doctrine precludes local legislative bodies from enacting any legislation whatsoever in the pre-empted field."

Id. at 324, 513 A.2d at 902. As we recently explained in Talbot County v. Skipper, 329 Md. 481, 487-88, 620 A.2d 880, 883 (1993), state law may pre-empt local law in one of three ways: 1) pre-emption by conflict,^[12] 2) express pre-emption,^[13] or 3) implied pre-emption. Over the last twenty-five years, we have frequently examined the concept of implied pre-emption. Skipper, supra; Howard County v. Potomac Elec. Power Co., 319 Md. 511, 573 A.2d 821 (1990); Board of Child Care of the Balt. Annual Conf. of the Methodist Church, Inc. v. Harker, 316 Md. 683, 561 A.2d 219 (1989); Ad + Soil, supra; National Asphalt Pavement Ass'n, Inc. v. Prince George's County, 292 Md. 75, 437 A.2d 651 (1981); Montgomery County Bd. of Realtors, Inc. v. Montgomery County, 287 Md. 101, 411 A.2d 97 (1980); McCarthy v. Board of Educ., 280 Md. 634, 374 A.2d 1135 (1977); County Council v. Montgomery Ass'n, Inc., 274 Md. 52, 333 A.2d 596 (1975); Mayor of Baltimore v. Sitnick, 254 Md. 303, 255 A.2d 376 (1969). In Sitnick, we explained the theory of implied pre-emption:

"[W]e wish it understood that there may be times when the legislature may so forcibly express its intent to occupy a specific field of regulation that the acceptance of the doctrine of pre-emption by occupation is compelled...."

254 Md. at 323, 255 A.2d at 385.

Although there is no particular formula for determining whether the General Assembly intended to pre-empt by implication an entire area, Skipper, 329 Md. at 488, 620 A.2d at 883; Potomac Elec. Power Co., 319 Md. at 522-23, 573 A.2d at 827, and though our decisions have considered several factors, Skipper, 329 Md. at 488, 620 A.2d at 883, we have stated repeatedly that "``[t]he primary indicia of a legislative purpose to pre-empt an entire field of law is the comprehensiveness with which the General Assembly has legislated the field.''" Skipper, 329 Md. at 488, 620 A.2d at 883 (quoting Potomac Elec. Power Co., 319 Md. at 523, 573 A.2d at 828 (quoting Harker, 316 Md. at 696-97, 561 A.2d at 226)); Ad + Soil, 307 Md. at 328, 513 A.2d at 904.

Among the secondary factors we have considered in determining whether pre-emption by implication exists are the following: 1) whether local laws existed prior to the enactment of the state laws governing the same subject matter, Potomac Elec. Power Co., 319 Md. at 529, 573 A.2d at 830-31; Harker, 316 Md. at 698, 561 A.2d at 227; Ad + Soil, 307 Md. at 333, 513 A.2d at 906; National Asphalt Pavement Ass'n, 292 Md. at 79-80, 437 A.2d at 653; Montgomery Ass'n, 274 Md. at 60 n. 5, 333 A.2d at 600 n. 5; Sitnick, 254 Md. at 322, 255 A.2d at 385, 2) whether the state laws provide for pervasive administrative regulation, Skipper, 329 Md. at 489, 620 A.2d at 884; National Asphalt Pavement Assoc., 292 Md. at 79, 437 A.2d at 653, 3) whether the local ordinance regulates an area in which some local control has traditionally been allowed, Skipper, 329 Md. at 493, 620 A.2d at 886, Montgomery Ass'n, 274 Md. at 65, 333 A.2d at 603, 4) whether the state law expressly provides concurrent legislative authority to local jurisdictions or requires compliance with local ordinances, Skipper, 329 Md. at 492, 620 A.2d at 885; Harker, 316 Md. at 698, 561 A.2d at 226-27; Ad + Soil, 307 Md. at 326-28, 513 A.2d at 903-04, 5) whether a state agency responsible for administering and enforcing the state law has recognized local authority to act in the field, Potomac Elec. Power Co., 319 Md. at 525-28, 573 A.2d at 828-30; Harker, 316 Md. at 697-98, 561 A.2d at 227; National Asphalt Pavement Ass'n., 292 Md. at 80, 437 A.2d at 653-54, 6) whether the particular aspect of the field sought to be regulated by the local government has been addressed by the state legislation, Skipper, 329 Md. at 492, 620 A.2d at 885; Potomac Elec. Power Co., 319 Md. at 526, 573 A.2d at 829; Montgomery Ass'n, 274 Md. at 63, 333 A.2d at 602, and 7) whether a two-tiered regulatory process existing if local laws were not pre-empted would engender chaos and confusion, Skipper,