13-35-102 - Definitions.
13-35-102. Definitions.
As used in this chapter:
(1) "Advisory board" or "board" means the Utah Powersport Vehicle Franchise AdvisoryBoard created in Section 13-35-103.
(2) "Dealership" means a site or location in this state:
(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
(b) that is identified as a new powersport vehicle dealer's principal place of business forregistration purposes under Section 13-35-105.
(3) "Department" means the Department of Commerce.
(4) "Executive director" means the executive director of the Department of Commerce.
(5) "Franchise" or "franchise agreement" means a written agreement, for a definite orindefinite period, in which:
(a) a person grants to another person a license to use a trade name, trademark, servicemark, or related characteristic; and
(b) a community of interest exists in the marketing of new powersport vehicles, newpowersport vehicle parts, and services related to the sale or lease of new powersport vehicles atwholesale or retail.
(6) "Franchisee" means a person with whom a franchisor has agreed or permitted, inwriting or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,produced, represented, or distributed by the franchisor.
(7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with orpermits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,produced, represented, or distributed by the franchisor, and includes:
(i) the manufacturer or distributor of the new powersport vehicles;
(ii) an intermediate distributor;
(iii) an agent, officer, or field or area representative of the franchisor; and
(iv) a person who is affiliated with a manufacturer or a representative or who directly orindirectly through an intermediary is controlled by, or is under common control with themanufacturer.
(b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if themanufacturer has the authority directly or indirectly by law or by an agreement of the parties, todirect or influence the management and policies of the person.
(8) "Lead" means the referral by a franchisor to a franchisee of an actual or potentialcustomer for the purchase or lease of a new powersport vehicle, or for service work related to thefranchisor's vehicles.
(9) "Line-make" means the powersport vehicles that are offered for sale, lease, ordistribution under a common name, trademark, service mark, or brand name of the franchisor, ormanufacturer of the powersport vehicle.
(10) (a) "Powersport vehicle" means:
(i) an all-terrain type I or type II vehicle "ATV" defined in Section 41-22-2;
(ii) a snowmobile as defined in Section 41-22-2;
(iii) a motorcycle as defined in Section 41-1a-102;
(iv) a personal watercraft as defined in Section 73-18-2;
(v) except as provided in Subsection (10)(b), a motor-driven cycle as defined in Section41-6a-102; or
(vi) a moped as defined in Section 41-6a-102.
(b) "Powersport vehicle" does not include:
(i) an electric assisted bicycle defined in Section 41-6a-102;
(ii) a motor assisted scooter as defined in Section 41-6a-102; or
(iii) an electric personal assistive mobility device as defined in Section 41-6a-102.
(11) "New powersport vehicle dealer" means a person who is engaged in the business ofbuying, selling, offering for sale, or exchanging new powersport vehicles either outright or onconditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place ofbusiness for the sale, lease, trade, or display of powersport vehicles.
(12) "Notice" or "notify" includes both traditional written communications and allreliable forms of electronic communication unless expressly prohibited by statute or rule.
(13) "Relevant market area" means:
(a) the county in which a powersport dealership is to be established or relocated; and
(b) the area within a 15-mile radius from the site of the new or relocated dealership.
(14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest ina franchise, with or without consideration, including a bequest, inheritance, gift, exchange, lease,or license.
(15) "Serve" or "served," unless expressly indicated otherwise by statute or rule, includesany reliable form of communication.
(16) "Written," "write," "in writing," or other variations of those terms shall include allreliable forms of electronic communication.
Amended by Chapter 86, 2007 General Session