§486H-1  Definitions.  As used in this
chapter:



"Commission" means the public
utilities commission.



"Company retail station" means a
retail service station owned and operated by a manufacturer or jobber and where
retail prices are set by that manufacturer or jobber.



"Conventional gasoline" means a
gasoline formulation with properties having the closest similarities to the
gasoline then sold in the State.



"Dealer retail station" means a
retail service station owned by a manufacturer or jobber and operated by a
qualified gasoline dealer other than a manufacturer or a jobber under a
franchise.



"Franchise" means:



(1)  Any agreement or related agreements between a
petroleum distributor and a gasoline dealer under which the gasoline dealer is
granted the right to use a trademark, trade name, service mark, or other
identifying symbol or name owned by the distributor in connection with the
retail sale of petroleum products supplied by the petroleum distributor; or



(2)  Any agreement or related agreements described in
paragraph (1) and any agreement between a petroleum distributor and a gasoline
dealer under which the gasoline dealer is granted the right to occupy the
premises owned, leased, or controlled by the distributor, for the purpose of
engaging in the retail sale of petroleum products supplied by the distributor.



"Gasoline" includes gasoline, benzol,
benzine, naphtha, and any other liquid prepared, advertised, offered for sale,
sold for use as, or used for, the generation of power for the propulsion of motor
vehicles, including any product obtained by blending together any one or more
petroleum products with or without other products, if the resultant product is
capable of the same use.



"Gasoline dealer" means any person
engaged in the retail sale of petroleum products in the United States under a
franchise agreement entered into with a petroleum distributor.



"Good faith" means the duty of a
gasoline dealer and a petroleum distributor to act in a fair and equitable
manner in the performance and in the demanding of performance of the terms and
provisions of the franchise.  The petroleum distributor shall not impose on a
gasoline dealer by contract, rule, or regulation, whether written or oral, any
standard of conduct that is not reasonable and of material significance to the
franchise relationship.



"Independent retail station" means a
retail service station not owned by a manufacturer or jobber and operated by a
qualified gasoline dealer.



"Inventory" means any product sold to
a gasoline dealer for resale purposes by a petroleum distributor.



"Jobber" means every wholesaler of
petroleum products.



"Major brand" means the primary trade
name or trademark most commonly associated and identified with a manufacturer's
retail service station.



"Manufacturer" means every producer
or refiner of petroleum products on January 1, 1992, or any subsidiary of that
producer or refiner.



"Motor vehicle fuel" means gasoline,
diesel fuel, alcohol, and any mixture of those fuels suitable for use in
vehicles registered under chapter 286.



"Non-refiner marketer" means any
person who acquires gasoline for sale in the State and who is not a refiner
located and operating in the State, nor an importer owned by or affiliated
with, directly or indirectly, a refiner located and operating in the State.



"Operate" means to engage in the
business of selling motor vehicle fuel at a retail service station through any
employee, commissioned agent, subsidiary company, or person managing a retail
service station under a contract and on a fee arrangement with the manufacturer
or jobber.



"Other areas" means the second
congressional district of the State.



"Petroleum distributor" means any
person engaged in the sale, consignment, or distribution of petroleum products
to retail outlets that it owns, leases, or otherwise controls.



"Petroleum products" includes motor
vehicle fuel, residual oils number 4, 5, and 6, and all grades of jet (turbo)
fuel.



"Pre-tax" when used in reference to a
price means such price net of the fuel-related or other taxes assessed when the
gasoline is sold.



"Purchase" means any acquisition of
ownership.



"Retail" means a sale of gasoline
made to the general public at prices that are displayed on the dispensing
equipment.



"Retail service station" or
"retail station" means a place of business where motor vehicle fuel
is sold and delivered into the tanks of motor vehicles and includes a company
retail station, a dealer retail station, and an independent retail station.



"Sale" means any exchange, gift, or
other disposition.



"Secondary brand" means a trade name
or trademark, other than a major brand, used to identify a company retail
station.



"Unbranded" means an independent
retail service station dealer, jobber, heating oil distributor, motor fuel
wholesaler, or peddler marketing gasoline or special fuels under its own brand,
trade name, or trademark, other than those of a manufacturer, or any subsidiary
thereof.



"Urban" means the first congressional
district of the State. [L 1975, c 133, pt of §1; am L 1976, c 213, §3; am L 1983,
c 268, §1; am L 1993, c 329, §2; am L 2002, c 77, §2(2); am L 2006, c 78, §16;
am L 2008, c 19, §57]