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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67296</law_id><section_number>59.1-21.10</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>59.1-263</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="59.1">Trade and Commerce</unit><unit label="chapter" level="2" order_by="1" identifier="2.2">Virginia Petroleum Products Franchise Act</unit></structure><text>
						<section><p>As used in this chapter, the following terms shall have the following meanings unless the context requires otherwise:
		&#x201C;<span class="dictionary">Dealer</span>&#x201D; means any person who purchases <span class="dictionary">motor fuel</span> for sale to the general public for ultimate consumption. &#x201C;<span class="dictionary">Dealer</span>&#x201D; shall not mean any person, including any affiliate of such person, who (i) purchases <span class="dictionary">motor fuel</span> for sale, consignment, or distribution to another; (ii) receives <span class="dictionary">motor fuel</span> on consignment for consignment or distribution to his own <span class="dictionary">motor fuel</span> accounts or to accounts of his supplier; or (iii) who is an employee of, or merely serves as a common carrier providing transportation service, for such person.
		&#x201C;<span class="dictionary">Designated family member</span>&#x201D; means the adult spouse, adult child or stepchild, or adult brother or sister of the <span class="dictionary">dealer</span> who is designated in the <span class="dictionary">franchise agreement</span> as the successor to the <span class="dictionary">dealer</span>&#x2019;s interest under the agreement and who shall become the <span class="dictionary">dealer</span> upon the completion of the succession.
		&#x201C;Franchise&#x201D; or &#x201C;<span class="dictionary">franchise agreement</span>&#x201D; means any agreement, express or implied, between a <span class="dictionary">refiner</span> and a <span class="dictionary">dealer</span> under which a <span class="dictionary">refiner</span> authorizes or permits a <span class="dictionary">dealer</span> to use, in connection with the sale, consignment, or distribution of <span class="dictionary">motor fuel</span>, a trademark which is owned or controlled by such <span class="dictionary">refiner</span>. &#x201C;Franchise&#x201D; or &#x201C;<span class="dictionary">franchise agreement</span>&#x201D; shall also mean any agreement, express or implied, under which a <span class="dictionary">dealer</span> is granted the right to occupy <span class="dictionary">leased marketing premises</span>, which premises are to be employed in connection with the sale, consignment, or distribution of <span class="dictionary">motor fuel</span> under a trademark which is owned or controlled by such <span class="dictionary">refiner</span>.
		&#x201C;<span class="dictionary">Franchise fee</span>&#x201D; means any fee or charge that a <span class="dictionary">dealer</span> is required to pay or agrees to pay for the right to enter into a <span class="dictionary">franchise agreement</span> or to become a <span class="dictionary">dealer</span> at the premises to which the <span class="dictionary">franchise agreement</span> relates. The term &#x201C;<span class="dictionary">franchise fee</span>&#x201D; shall not include reasonable actual costs and expenses incurred by the <span class="dictionary">refiner</span> in effecting the assignment, transfer, or sale.
		&#x201C;<span class="dictionary">Franchisor</span>&#x201D; means a <span class="dictionary">refiner</span> who authorizes or permits, under a franchise, a <span class="dictionary">dealer</span> to use a trademark in connection with the sale, consignment, or distribution of <span class="dictionary">motor fuel</span>.
		&#x201C;Jobber/distributor&#x201D; means any person, including any affiliate of such person, who (i) purchases <span class="dictionary">motor fuel</span> for sale, consignment, or distribution to another; or (ii) receives <span class="dictionary">motor fuel</span> on consignment for consignment or distribution to his own <span class="dictionary">motor fuel</span> accounts or to accounts of his supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier.
		&#x201C;<span class="dictionary">Newly remodeled facility</span>&#x201D; means a retail outlet, marketing premises, or <span class="dictionary">leased marketing premises</span> which, within an 18-month period, has been rebuilt, renovated, or reconstructed at a cost of (i) for facilities remodeled before January 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled on or after January 1, 2004, a minimum of $560,000 plus an amount reflecting the annual rate of inflation, such amount to be calculated on January 1 of each year by the Commissioner of the Department of Agriculture and Consumer Services by referring to the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics.
		&#x201C;<span class="dictionary">Operation of a retail outlet</span>&#x201D; means the ownership or option to buy a properly zoned parcel of property for which a permit to build a retail outlet has been granted.
		&#x201C;<span class="dictionary">Petroleum products</span>&#x201D; or &#x201C;<span class="dictionary">motor fuel</span>&#x201D; means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways.
		&#x201C;<span class="dictionary">Profit</span>&#x201D; means the net gain, for income tax purposes, realized by the <span class="dictionary">dealer</span> upon the assignment, transfer, or sale of the <span class="dictionary">franchise agreement</span>.
		&#x201C;<span class="dictionary">Refiner</span>&#x201D; means any person engaged in the refining of crude oil to produce <span class="dictionary">motor fuel</span> and includes any affiliate of such person.
		&#x201C;Retail&#x201D; means the sale of <span class="dictionary">petroleum products</span> for purposes other than resale.
		&#x201C;Retail outlet,&#x201D; &#x201C;marketing premises,&#x201D; or &#x201C;<span class="dictionary">leased marketing premises</span>&#x201D; means the premises at which <span class="dictionary">petroleum products</span> are sold to the general public.
		&#x201C;<span class="dictionary">Trial franchise</span>&#x201D; means the same as provided in the Petroleum Marketing Practices Act (15 U.S.C. &#xA7;&#xA0;2803 et seq.).</p></section></text><history>1973, c. 423; 1979, c. 306; 1990, c. 907; 2003, c. 410; 2005, c. 839; 2012, c. 351.</history><metadata></metadata></law>
