§ 66-232. Definitions.
§66‑232. Definitions.
For purposes of this Articlethe following definitions apply:
(1) "Agreement"means a membership camping agreement.
(2) "Blanketencumbrance" means any mortgage, deed of trust, option to purchase,vendor's lien or interest under a contract or agreement of sale, judgment lien,federal or State tax lien, or other material lien or encumbrance which securesor evidences the obligation to pay money or to sell or convey all or part of acampground located in this State, made available to purchasers by themembership camping operator and which authorizes, permits, or requires theforeclosure or other disposition of the campground. Blanket encumbrance shallinclude the lessor's interest in a lease of all or part of a campground whichis located in this State and which is made available to purchasers by amembership camping operator. Blanket encumbrance shall not include a lien fortaxes or assessments levied by a public body which are not yet due and payable.
(3) "Businessday" means any day except Sunday or a legal holiday.
(4) "Campingsite" means a space designed and promoted for the purpose of locating atrailer, tent, tent trailer, recreational vehicle, pickup camper, van or othersimilar device used for camping.
(5) "Campground"means any single tract or parcel of real property within the State on whichthere are at least 10 camping sites.
(6) "Contract"means a membership camping contract.
(7) "Contractcost" means the total consideration paid by a purchaser pursuant to acontract including but not limited to:
a. Any initiation ornonrecurring fee charged;
b. All periodic feesrequired by the contract;
c. All dues ormaintenance fees; and
d. All finance charges,time‑price differentials, interest, and other similar fees and charges.
(8) "Facility"means an amenity within a campground set aside or otherwise made available topurchasers for their use and enjoyment of the campground, and may includecampsites, swimming pools, tennis courts, recreational buildings, boat docks,restrooms, showers, laundry rooms, and trading posts or grocery stores.
(9) "Membershipcamping contract" or "membership camping agreement" means anywritten agreement of more than one year's duration, executed in whole or inpart within this State, which grants to a purchaser a right or license to usethe campground of a membership camping operator or any portion thereof. Anyagreement which constitutes a "time share instrument" as defined inG.S. 93A‑41 is excluded from this definition.
(10) "Membershipcamping operator" means any person who owns or operates a campground andoffers or sells membership camping contracts. A membership camping operatorshall not include:
a. An enterprise thatis exempt from federal income tax under § 501(c) of the Internal Revenue Code;
b. An enterprise thatis exempt from State income tax under Article 4 of Chapter 105 of the GeneralStatutes; or
c. Mobile home parkswherein the residents occupy the premises as their primary homes or have leasedor purchased a lot for their exclusive use.
(11) "Offer,""offer to sell," "offer to execute" or "offering"means any offer, solicitation, advertisement, or inducement to execute amembership camping agreement.
(12) "Person"means any individual, corporation, partnership, company, unincorporated association,or any other legal entity other than a government or agency or a subdivisionthereof.
(13) "Purchaser"means a person who enters into a membership camping contract with themembership camping operator.
(14) "Purchasemoney" means any money, currency, note, security, or other considerationpaid by the purchaser for a membership camping agreement.
(15) "Reciprocalprogram" means any arrangement under which a purchaser is permitted to usecamping sites or facilities at one or more campgrounds not owned or operated bythe membership camping operator with whom the purchaser has entered into amembership camping contract.
(16) "Salesperson"means an individual, other than a membership camping operator, who offers tosell a membership camping contract by means of a direct sales presentation, butdoes not include a person who merely refers a prospective purchaser to asalesperson without making any direct sales presentation. (1991(Reg. Sess., 1992), c. 1009, s. 4.)