As used in this chapter, the following terms shall have the followingmeanings unless the context requires otherwise:
"Dealer" means any person who purchases motor fuel for sale to the generalpublic for ultimate consumption. "Dealer" shall not mean any person,including any affiliate of such person, who (i) purchases motor fuel forsale, consignment, or distribution to another; (ii) receives motor fuel onconsignment for consignment or distribution to his own motor fuel accounts orto accounts of his supplier; or (iii) who is an employee of, or merely servesas a common carrier providing transportation service, for such person.
"Designated family member" means the adult spouse, adult child orstepchild, or adult brother or sister of the dealer who is designated in thefranchise agreement as the successor to the dealer's interest under theagreement and who shall become the dealer upon the completion of thesuccession.
"Franchise" or "franchise agreement" means any agreement, express orimplied, between a refiner and a dealer under which a refiner authorizes orpermits a dealer to use, in connection with the sale, consignment, ordistribution of motor fuel, a trademark which is owned or controlled by suchrefiner. "Franchise" or "franchise agreement" shall also mean anyagreement, express or implied, under which a dealer is granted the right tooccupy leased marketing premises, which premises are to be employed inconnection with the sale, consignment, or distribution of motor fuel under atrademark which is owned or controlled by such refiner.
"Franchise fee" means any fee or charge that a dealer is required to pay oragrees to pay for the right to enter into a franchise agreement or to becomea dealer at the premises to which the franchise agreement relates. The term"franchise fee" shall not include reasonable actual costs and expensesincurred by the refiner in effecting the assignment, transfer, or sale.
"Franchisor" means a refiner who authorizes or permits, under a franchise,a dealer to use a trademark in connection with the sale, consignment, ordistribution of motor fuel.
"Newly remodeled facility" means a retail outlet, marketing premises, orleased marketing premises which, within an 18-month period, has been rebuilt,renovated, or reconstructed at a cost of (i) for facilities remodeled beforeJanuary 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled onor after January 1, 2004, a minimum of $560,000 plus an amount reflecting theannual rate of inflation, such amount to be calculated on January 1 of eachyear by the Commissioner of the Department of Agriculture and ConsumerServices by referring to the Consumer Price Index published by the UnitedStates Department of Labor, Bureau of Labor Statistics.
"Operation of a retail outlet" means the ownership or option to buy aproperly zoned parcel of property for which a permit to build a retail outlethas been granted.
"Petroleum products" or "motor fuel" means gasoline and diesel fuel of atype distributed for use as a fuel in self-propelled vehicles designedprimarily for use on public streets, roads, and highways.
"Profit" means the net gain, for income tax purposes, realized by thedealer upon the assignment, transfer, or sale of the franchise agreement.
"Refiner" means any person engaged in the refining of crude oil to producemotor fuel and includes any affiliate of such person.
"Retail" means the sale of petroleum products for purposes other thanresale.
"Retail outlet," "marketing premises," or "leased marketing premises"means the premises at which petroleum products are sold to the general public.
"Trial franchise" means the same as provided in the Petroleum MarketingPractices Act (15 U.S.C. § 2803 et seq.).
(1973, c. 423; 1979, c. 306; 1990, c. 907; 2003, c. 410; 2005, c. 839.)
As used in this chapter, the following terms shall have the followingmeanings unless the context requires otherwise:
"Dealer" means any person who purchases motor fuel for sale to the generalpublic for ultimate consumption. "Dealer" shall not mean any person,including any affiliate of such person, who (i) purchases motor fuel forsale, consignment, or distribution to another; (ii) receives motor fuel onconsignment for consignment or distribution to his own motor fuel accounts orto accounts of his supplier; or (iii) who is an employee of, or merely servesas a common carrier providing transportation service, for such person.
"Designated family member" means the adult spouse, adult child orstepchild, or adult brother or sister of the dealer who is designated in thefranchise agreement as the successor to the dealer's interest under theagreement and who shall become the dealer upon the completion of thesuccession.
"Franchise" or "franchise agreement" means any agreement, express orimplied, between a refiner and a dealer under which a refiner authorizes orpermits a dealer to use, in connection with the sale, consignment, ordistribution of motor fuel, a trademark which is owned or controlled by suchrefiner. "Franchise" or "franchise agreement" shall also mean anyagreement, express or implied, under which a dealer is granted the right tooccupy leased marketing premises, which premises are to be employed inconnection with the sale, consignment, or distribution of motor fuel under atrademark which is owned or controlled by such refiner.
"Franchise fee" means any fee or charge that a dealer is required to pay oragrees to pay for the right to enter into a franchise agreement or to becomea dealer at the premises to which the franchise agreement relates. The term"franchise fee" shall not include reasonable actual costs and expensesincurred by the refiner in effecting the assignment, transfer, or sale.
"Franchisor" means a refiner who authorizes or permits, under a franchise,a dealer to use a trademark in connection with the sale, consignment, ordistribution of motor fuel.
"Newly remodeled facility" means a retail outlet, marketing premises, orleased marketing premises which, within an 18-month period, has been rebuilt,renovated, or reconstructed at a cost of (i) for facilities remodeled beforeJanuary 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled onor after January 1, 2004, a minimum of $560,000 plus an amount reflecting theannual rate of inflation, such amount to be calculated on January 1 of eachyear by the Commissioner of the Department of Agriculture and ConsumerServices by referring to the Consumer Price Index published by the UnitedStates Department of Labor, Bureau of Labor Statistics.
"Operation of a retail outlet" means the ownership or option to buy aproperly zoned parcel of property for which a permit to build a retail outlethas been granted.
"Petroleum products" or "motor fuel" means gasoline and diesel fuel of atype distributed for use as a fuel in self-propelled vehicles designedprimarily for use on public streets, roads, and highways.
"Profit" means the net gain, for income tax purposes, realized by thedealer upon the assignment, transfer, or sale of the franchise agreement.
"Refiner" means any person engaged in the refining of crude oil to producemotor fuel and includes any affiliate of such person.
"Retail" means the sale of petroleum products for purposes other thanresale.
"Retail outlet," "marketing premises," or "leased marketing premises"means the premises at which petroleum products are sold to the general public.
"Trial franchise" means the same as provided in the Petroleum MarketingPractices Act (15 U.S.C. § 2803 et seq.).
(1973, c. 423; 1979, c. 306; 1990, c. 907; 2003, c. 410; 2005, c. 839.)
As used in this chapter, the following terms shall have the followingmeanings unless the context requires otherwise:
"Dealer" means any person who purchases motor fuel for sale to the generalpublic for ultimate consumption. "Dealer" shall not mean any person,including any affiliate of such person, who (i) purchases motor fuel forsale, consignment, or distribution to another; (ii) receives motor fuel onconsignment for consignment or distribution to his own motor fuel accounts orto accounts of his supplier; or (iii) who is an employee of, or merely servesas a common carrier providing transportation service, for such person.
"Designated family member" means the adult spouse, adult child orstepchild, or adult brother or sister of the dealer who is designated in thefranchise agreement as the successor to the dealer's interest under theagreement and who shall become the dealer upon the completion of thesuccession.
"Franchise" or "franchise agreement" means any agreement, express orimplied, between a refiner and a dealer under which a refiner authorizes orpermits a dealer to use, in connection with the sale, consignment, ordistribution of motor fuel, a trademark which is owned or controlled by suchrefiner. "Franchise" or "franchise agreement" shall also mean anyagreement, express or implied, under which a dealer is granted the right tooccupy leased marketing premises, which premises are to be employed inconnection with the sale, consignment, or distribution of motor fuel under atrademark which is owned or controlled by such refiner.
"Franchise fee" means any fee or charge that a dealer is required to pay oragrees to pay for the right to enter into a franchise agreement or to becomea dealer at the premises to which the franchise agreement relates. The term"franchise fee" shall not include reasonable actual costs and expensesincurred by the refiner in effecting the assignment, transfer, or sale.
"Franchisor" means a refiner who authorizes or permits, under a franchise,a dealer to use a trademark in connection with the sale, consignment, ordistribution of motor fuel.
"Newly remodeled facility" means a retail outlet, marketing premises, orleased marketing premises which, within an 18-month period, has been rebuilt,renovated, or reconstructed at a cost of (i) for facilities remodeled beforeJanuary 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled onor after January 1, 2004, a minimum of $560,000 plus an amount reflecting theannual rate of inflation, such amount to be calculated on January 1 of eachyear by the Commissioner of the Department of Agriculture and ConsumerServices by referring to the Consumer Price Index published by the UnitedStates Department of Labor, Bureau of Labor Statistics.
"Operation of a retail outlet" means the ownership or option to buy aproperly zoned parcel of property for which a permit to build a retail outlethas been granted.
"Petroleum products" or "motor fuel" means gasoline and diesel fuel of atype distributed for use as a fuel in self-propelled vehicles designedprimarily for use on public streets, roads, and highways.
"Profit" means the net gain, for income tax purposes, realized by thedealer upon the assignment, transfer, or sale of the franchise agreement.
"Refiner" means any person engaged in the refining of crude oil to producemotor fuel and includes any affiliate of such person.
"Retail" means the sale of petroleum products for purposes other thanresale.
"Retail outlet," "marketing premises," or "leased marketing premises"means the premises at which petroleum products are sold to the general public.
"Trial franchise" means the same as provided in the Petroleum MarketingPractices Act (15 U.S.C. § 2803 et seq.).
(1973, c. 423; 1979, c. 306; 1990, c. 907; 2003, c. 410; 2005, c. 839.)
