                                 CODE OF VIRGINIA

DEFINITIONS (§ 59.1-21.10)

As used in this chapter, the following terms shall have the following meanings
unless the context requires otherwise:
		&#8220;Dealer&#8221; means any person who purchases motor fuel for sale to the
general public for ultimate consumption. &#8220;Dealer&#8221; shall not mean any
person, including any affiliate of such person, who (i) purchases motor fuel for
sale, consignment, or distribution to another; (ii) receives motor fuel on
consignment for consignment or distribution to his own motor fuel 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.
		&#8220;Designated family member&#8221; means the adult spouse, adult child or
stepchild, or adult brother or sister of the dealer who is designated in the
franchise agreement as the successor to the dealer&#8217;s interest under the
agreement and who shall become the dealer upon the completion of the succession.
		&#8220;Franchise&#8221; or &#8220;franchise agreement&#8221; means any
agreement, express or implied, between a refiner and a dealer under which a
refiner authorizes or permits a dealer to use, in connection with the sale,
consignment, or distribution of motor fuel, a trademark which is owned or
controlled by such refiner. &#8220;Franchise&#8221; or &#8220;franchise
agreement&#8221; shall also mean any agreement, express or implied, under which
a dealer is granted the right to occupy leased marketing premises, which
premises are to be employed in connection with the sale, consignment, or
distribution of motor fuel under a trademark which is owned or controlled by
such refiner.
		&#8220;Franchise fee&#8221; means any fee or charge that a dealer is required
to pay or agrees to pay for the right to enter into a franchise agreement or to
become a dealer at the premises to which the franchise agreement relates. The
term &#8220;franchise fee&#8221; shall not include reasonable actual costs and
expenses incurred by the refiner in effecting the assignment, transfer, or sale.
		&#8220;Franchisor&#8221; means a refiner who authorizes or permits, under a
franchise, a dealer to use a trademark in connection with the sale, consignment,
or distribution of motor fuel.
		&#8220;Jobber/distributor&#8221; means any person, including any affiliate of
such person, who (i) purchases motor fuel for sale, consignment, or distribution
to another; or (ii) receives motor fuel on consignment for consignment or
distribution to his own motor fuel 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.
		&#8220;Newly remodeled facility&#8221; means a retail outlet, marketing
premises, or leased marketing premises 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.
		&#8220;Operation of a retail outlet&#8221; 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.
		&#8220;Petroleum products&#8221; or &#8220;motor fuel&#8221; 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.
		&#8220;Profit&#8221; means the net gain, for income tax purposes, realized by
the dealer upon the assignment, transfer, or sale of the franchise agreement.
		&#8220;Refiner&#8221; means any person engaged in the refining of crude oil to
produce motor fuel and includes any affiliate of such person.
		&#8220;Retail&#8221; means the sale of petroleum products for purposes other
than resale.
		&#8220;Retail outlet,&#8221; &#8220;marketing premises,&#8221; or
&#8220;leased marketing premises&#8221; means the premises at which petroleum
products are sold to the general public.
		&#8220;Trial franchise&#8221; means the same as provided in the Petroleum
Marketing Practices Act (15 U.S.C. § 2803 et seq.).

HISTORY: 1973, c. 423; 1979, c. 306; 1990, c. 907; 2003, c. 410; 2005, c. 839;
2012, c. 351.