Section 1453 - DefinitionsAs used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [ 1975, c. 549 (NEW).]
1.Automotive product. "Automotive product" shall mean any product sold or distributed by a retailer for use with a motor vehicle, whether or not such product is essential for the maintenance of the motor vehicle and whether or not such product is also used for non-automotive purposes; [ 1975, c. 549 (NEW).]
1-A.Blender. "Blender" means any person who blends blend stock with gasoline or who sells or distributes blend stock for the purpose of being blended with gasoline. [ 2011, c. 632, §1 (NEW).]
1-B.Blend stock. "Blend stock" means ethanol, methanol or any other products blended with gasoline to produce motor fuel. [ 2011, c. 632, §1 (NEW).]
1-C.Consignment. "Consignment" means a written or oral agreement between a franchisor and a franchisee whereby the franchisor maintains ownership of motor fuel provided to the franchisee and the franchisee sells the motor fuel on behalf of the franchisor at a price determined by the franchisor. [ 2013, c. 219, §1 (NEW).]
2.Deposit in advance. "Deposit in advance" shall mean any deposit, regardless of its purported purpose, which is received by a distributor or refiner from a retail dealer or distributor as a breakage, security or other similar deposit; [ 1975, c. 549 (NEW).]
3.Distributor. "Distributor" shall mean any person engaged in the sale, consignment or distribution of petroleum products to wholesale or retail outlets, whether or not such person owns, leases or in any way controls such outlets; [ 1975, c. 549 (NEW).]
4.Franchise agreement. "Franchise agreement" means a written or oral agreement, for a definite or indefinite period, between a refiner and a retail dealer or between a distributor and a retail dealer or between a refiner and a distributor under which:A. A retail dealer or a distributor promises to sell or distribute any petroleum product or products of a refiner; [ 2013, c. 219, §2 (AMD).]B. A retail dealer or a distributor is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by a refiner; or [ 1975, c. 549 (NEW).]C. A retail dealer or a distributor is granted the right to occupy premises owned, leased or controlled by a refiner or distributor and: (1) Promises to sell or distribute any petroleum products of the refiner or the distributor; or(2) Is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the refiner or the distributor. [ 2013, c. 219, §2 (AMD).][ 2013, c. 219, §2 (AMD).]
5.Franchisee. "Franchisee" shall mean either a distributor who has entered into a franchise agreement with a refiner or a retail dealer who has entered into a franchise agreement with a distributor or a refiner; [ 1975, c. 549 (NEW).]
6.Franchisor. "Franchisor" shall mean either a refiner who enters into a franchise agreement with a distributor or retail dealer, or a distributor who enters into a franchise agreement with a retail dealer; [ 1975, c. 549 (NEW).]
7.Motor fuel. "Motor fuel" and "petroleum product" shall mean any substance or combination of substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any internal combustion engine which is sold or used for that purpose; [ 1975, c. 549 (NEW).]
8.Person. "Person" means a natural person, corporation, partnership, trust or other entity and, in the case of any entity, includes any other entity that has a majority interest in the entity or effectively controls the entity. [ 2013, c. 219, §3 (AMD).]
9.Place of business. "Place of business" shall mean: A. Any fixed geographical location at which, pursuant to a franchise agreement, motor fuels are sold or distributed or a trademark, trade name, service mark or other identifying symbol is used or displayed; or [ 1975, c. 549 (NEW).]B. Any premises owned, leased or controlled by a refiner or distributor, in which a retail dealer or a distributor is granted the right of occupancy pursuant to a franchise agreement. [ 1975, c. 549 (NEW).] [ 1975, c. 549 (NEW).]
10.Refiner. "Refiner" shall mean any person engaged in the refining or importing of petroleum products; [ 1975, c. 549 (NEW).]
11.Retail dealer. "Retail dealer" shall mean any person who operates a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine; [ 1975, c. 549 (NEW).]
12.Retail fuel outlet. "Retail fuel outlet" shall mean a place at which gasoline and oil are stored and supplied to the public, which is operated directly by a refiner or distributor; [ 1975, c. 549 (NEW).]
Amended by 2013, c. 219,§§ 1 to 3, eff. 10/9/2013.Amended by 2012, c. 632,§ 1, eff. 8/30/2012.