§ 5-55-3 - Definitions.
SECTION 5-55-3
§ 5-55-3 Definitions. – As used in this chapter, unless the context indicates otherwise, the followingwords mean:
(1) "Automotive product" means any product sold ordistributed by a retailer for use with a motor vehicle, whether or not thatproduct is essential for the maintenance of the motor vehicle and whether ornot that product is also used for non-automotive purposes.
(2) "Deposit in advance" means any deposit, regardless of itspurported purpose, which is received by a distributor or refiner from a retaildealer or distributor as a breakage, security, or other similar deposit.
(3) "Distributor" means any person engaged in the sale,consignment, or distribution of petroleum products to wholesale or retailoutlets, whether or not that person owns, leases or in any way controls thoseoutlets.
(4) "Franchise agreement" means any written or oralagreement, for a definite or indefinite period, between a refiner and a retaildealer or between a distributor and a retail dealer or between a refiner and adistributor under which:
(i) A retail dealer or a distributor promises to sell ordistribute the product or products of the refiner;
(ii) A retail dealer or a distributor is granted the right touse a trademark, trade name, service mark, or other identifying symbol or nameowned by a refiner; or
(iii) A retail dealer or a distributor is granted the rightto occupy premises owned, leased, or controlled by a refiner or distributor.
(5) "Franchisee" means either a distributor who has enteredinto a franchise agreement with a refiner or a retail dealer who has enteredinto a franchise agreement with a distributor or a refiner.
(6) "Franchisor" means either a refiner who enters into afranchise agreement with a distributor or retail dealer, or a distributor whoenters into a franchise agreement with a retail dealer.
(7) "Motor fuel" and "petroleum product" means any substanceor combination of substances which is intended to be or is capable of beingused for the purpose of propelling or running by combustion any internalcombustion engine which is sold or used for that purpose.
(8) "Person" means any natural person, corporation,partnership, trust or other entity, and, in the case of any entity, the termalso includes any other entity that has a majority interest in the entity oreffectively controls the entity, the officers, directors and other persons inactive control of each entity.
(9) "Place of business" means:
(i) Any fixed geographical location at which pursuant to afranchise agreement, motor fuels are sold or distributed or a trademark, tradename, service mark, or other identifying symbol is used or displayed; or
(ii) Any premises owned, leased, or controlled by a refineror distributor, in which a retail dealer or a distributor is granted the rightof occupancy pursuant to a franchise agreement.
(10) "Refiner" means any person engaged in the refining orimporting of petroleum products.
(11) "Retail dealer" means any person who operates a servicestation, filling station, store, garage or other place of business for the saleof motor fuel for delivery into the service tank or tanks of any vehiclepropelled by an internal combustion engine.
(12) "Retail fuel outlet" means a place at which gasoline andoil are stored and supplied to the public, which is operated directly by arefiner or distributor.