State Codes and Statutes
Statutes > Utah > Title-13 > Chapter-16 > 13-16-213-16-2. Definitions.
As used in this chapter:
(1) "Affiliate" means a person that owns or controls, or is owned or controlled by, anotherperson, whether through stock ownership or otherwise.
(2) "Cost" means an amount calculated as follows:
(a) (i) if motor fuel is not purchased from an affiliate:
(A) the lowest invoice cost that the seller charged to the purchaser for motor fuel of likegrade and quality within five days prior to the date of any alleged unlawful resale by thepurchaser; or
(B) if there was no sale to the purchaser within the preceding five days, the purchaser'slast invoice cost for motor fuel of like grade and quality; or
(ii) if motor fuel is purchased or received from an affiliate:
(A) the lowest transfer price that the affiliate charged to the purchaser or receiver formotor fuel of like grade and quality within five days prior to the date of any alleged unlawfulresale by the purchaser or receiver; or
(B) if there was no purchase or receipt within the preceding five days, the last transferprice for motor fuel of like grade and quality;
(b) less each of the following that the purchaser receives on the particular invoice ortransfer:
(i) a trade discount;
(ii) an allowance; or
(iii) a rebate; and
(c) plus the following if not included in the invoice cost or transfer price:
(i) freight charges;
(ii) all applicable federal, state, and local taxes; and
(iii) charges imposed by a federal, state, or local government that are not taxes.
(3) "Motor fuel" means gasoline, diesel fuel, gasohol, and all other fuels of a typedesignated for use as a motor fuel in self-propelled vehicles designated primarily for use onpublic streets, roads, and highways.
(4) "Person" means any individual, partnership, corporation, or legal entity.
(5) (a) "Posted rack price" means the price at which a refiner or other person offers agrade of motor fuel for sale at the rack before:
(i) a reduction for:
(A) a trade discount;
(B) an allowance; or
(C) a rebate; or
(ii) the addition of:
(A) a charge for freight;
(B) a federal, state, or local tax; or
(C) a charge imposed by a federal, state, or local government that is not a tax.
(b) Notwithstanding Subsection (5)(a), the posted rack price for a refiner or other personoffering motor fuel for sale at the rack who does not establish a posted rack price shall be thelowest posted rack price of any person for motor fuel of like grade or quality in the geographicarea served by the refiner or other person.
(6) "Purchase," "purchases," or "purchased" means the acquisition of motor fuel as a
result of a sale or resale.
(7) "Rack" means a deck, platform, or open bay that consists of a series of metered pipesand hoses for the delivery or removal of motor fuel from the refinery or terminal into:
(a) a motor vehicle;
(b) a rail car; or
(c) a vessel.
(8) "Receipt" or "received" has the same meaning as purchase under Subsection (6).
(9) "Resale" or "resales" has the same meaning as sale under Subsection (11).
(10) "Retail sale" means any sale of motor fuel to a member of the motoring public forconsumption.
(11) (a) "Sale," "sales," "sell," "sells," or "sold" means the transfer of, or offer to transfer:
(i) ownership, title to, or possession of, motor fuel from one person to another; and
(ii) with or without consideration.
(b) "Sale," "sales," "sell," "sells," or "sold" includes any method by which any persontransfers or offers to transfer ownership, title to, or possession of, motor fuel to itself or anaffiliate for resale at another marketing level.
(12) "Terminal" means a facility:
(a) for the storage of motor fuel that is:
(i) part of a refinery; or
(ii) supplied by:
(A) a motor vehicle;
(B) a pipeline; or
(C) a vessel; and
(b) from which motor fuel is removed for distribution at a rack.
(13) "Transfer price" means the price used by a refiner in connection with any sale ofmotor fuel to itself or an affiliate for resale at another marketing level.
Amended by Chapter 283, 2001 General Session
