Colorado § 12-275-104 Proprietor defined

Colorado Statutes

§ 12-275-104 — Proprietor defined

Colorado·Title 12 Professions·Art. Optometrists

(1)The term proprietor, as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who:

(a)For financial gain, employs optometrists in the operation of an optometry office;

(b)Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist's office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term proprietor does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the man

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(1) The term proprietor, as used in this
article 275, includes any person, group, association, or corporation not licensed
under this article 275 who:

(a) For financial gain, employs optometrists in the operation of an optometry
office;

(b) Places, directly or indirectly, in possession of an optometrist such
materials or equipment as may be necessary for the operation of an optometrist's
office on the basis of any fee splitting, income division, profit sharing, or similar
agreement or on any basis that has the effect of any such agreement, but the term
proprietor does not include the bona fide seller of optometry equipment or
material secured by chattel mortgage, conditional sales contract, or other title
retention agreements or the bona fide leasing of the equipment by the
manufacturer or by the manufacturer's franchised dealer; or

(c) Under the guise of a rental percentage lease or sublease or other leasing
or rental arrangement, participates in the direction and control of a licensee's
practice and business or in the receipts or profits accruing therefrom, but a bona
fide percentage sale lease basing the rental of the premises let upon a percentage
of gross income of not to exceed the reasonable, going rate for like quarters and
location, as determined by the board after investigation, shall not be deemed an
avoidance of the provisions of this section. Certified copies of all such leasing and
rental arrangements and renewals thereof shall be filed with the board by the
licensee within thirty days after execution.

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