When used in this chapter, unless the context otherwise requires:
1.“Blender pump” means a motor fuel blender pump as defined in section 214.1 that
dispenses motor fuel or special fuel in a manner required pursuant to chapters 214 and 214A.
2.“Dealer” means a person, other than an employee of a distributor or franchiser, who
operates, maintains or conducts a place of business from which motor fuel or special fuel is
sold or offered for sale at retail to the ultimate consumer, and who holds a license, issued as
provided in chapter 214, for each pump and meter operated upon the retail premises.
3.“Dealer franchise” means an agreement or contract, either written or oral, between
a franchiser and a dealer or between a distributor and a dealer when all of the following
conditions are include
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When used in this chapter, unless the context otherwise requires:
1. “Blender pump” means a motor fuel blender pump as defined in section 214.1 that
dispenses motor fuel or special fuel in a manner required pursuant to chapters 214 and 214A.
2. “Dealer” means a person, other than an employee of a distributor or franchiser, who
operates, maintains or conducts a place of business from which motor fuel or special fuel is
sold or offered for sale at retail to the ultimate consumer, and who holds a license, issued as
provided in chapter 214, for each pump and meter operated upon the retail premises.
3. “Dealer franchise” means an agreement or contract, either written or oral, between
a franchiser and a dealer or between a distributor and a dealer when all of the following
conditions are included:
a. A commercial relationship of definite duration or continuing indefinite duration is
involved.
b. The dealer is granted the right to offer and sell motor fuel or special fuel that is
imported, refined or distributed by the franchiser or by the distributor.
c. The dealer’s business is substantially reliant on the franchiser or distributor for the
continued supply of motor fuel or special fuel.
4. “Department” means the department of inspections, appeals, and licensing.
5. a. “Dispenser” means a meter or similar commercial weighing and measuring device
usedtomeasureanddispensemotorfuelorspecialfuel, includingrenewablefuel, originating
from a storage tank used to store fuel.
b. “Dispenser” includes but is not limited to a motor fuel pump or blender pump.
6. “Distributor” means distributor as defined in section 452A.2.
7. “Distributor franchise” means a written agreement or contract, either written or oral,
between a franchiser and a distributor when all of the following conditions are included:
a. A commercial relationship of definite duration or continuing indefinite duration is
involved.
b. The distributor is granted the right to offer and sell motor fuel or special fuel that is
imported, refined or distributed by the franchiser.
c. Thedistributor,asanindependentbusiness,constitutesacomponentofthefranchiser’s
distribution system.
d. The distributor’s business, or a portion of it which is related to motor fuel or special
fuel purchased from the franchiser is substantially reliant on the franchiser for the continued
supply of motor fuel or special fuel.
e. The distributor’s business or a portion of it which is related to motor fuel or special fuel
purchased from the franchiser is substantially associated with the franchiser’s trademark,
servicemark,tradename,advertisingorothercommercialsymboldesignatingthefranchiser.
8. “Franchiser”meansapersonwhoisengagedintheimportation, refiningordistribution
of motor fuel or special fuel and who has entered into a distributor franchise or a dealer
franchise.
9. “Motor fuel” means motor fuel as defined in chapter 452A.
10. “Motor fuel pump” means the same as defined in section 214.1 that dispenses motor
fuel or special fuel in a manner that complies with standards set forth in chapters 214 and
214A.
11. “Refiner” means a person engaged in the refining of crude oil to produce motor fuel
or special fuel, and includes any affiliate of such person.
12. “Renewable fuel” means the same as defined in section 214A.1 that complies with
standards set forth in section 214A.2.
13. “Retail premises” means real estate either owned or leased by the dealer and used
primarily for the sale at retail to the ultimate consumer of motor fuel or special fuel.
14. “Retaliatory action” means action contrary to the purpose or intent of this chapter
and may include a refusal to continue to sell or lease, a reduction in the quality or quantity
of services or products customarily available for sale or lease, a violation of privacy, or an
inducement of others to retaliate.
15. “Special fuel” means special fuel as defined in chapter 452A.
16. “Storage tank” means a motor fuel storage tank as defined in section 214.1, including
an underground storage tank subject to regulation under chapter 455B, subchapter IV, part
8, section 455E.11, subsection 2, paragraph “d”, subparagraph (2), or section 455G.31.
17. “Supplier” means the same as defined in section 452A.2.