§ 5-55-3. Definitions.
As used in this chapter, unless the context indicates otherwise, the following words
mean:
(1) "Automotive product� means any product sold or distributed by a retailer for use with
a motor vehicle, whether or not that product is essential for the maintenance of the
motor vehicle and whether or not that product is also used for non-automotive purposes.
(2) "Deposit in advance� means any deposit, regardless of its purported purpose, that
is received by a distributor or refiner from a retail dealer or distributor as a breakage,
security, or other similar deposit.
(3) "Distributor� means any person engaged in the sale, consignment, or distribution of
petroleum products to wholesale or retail outlets, whether or not that person owns,
leases, or in any way controls those outlets.
(4) "Franchise agreement� means any written or oral agreement, for a definite or indefinite
period, between a refiner and a retail dealer or between a distributor and a retail
dealer or between a refiner and a distributor under which:
(i) A retail dealer or a distributor promises to sell or distribute the product or products
of the refiner;
(ii) A retail dealer or a distributor is granted the right to use a trademark, trade name,
service mark, or other identifying symbol or name owned by a refiner; or
(iii) A retail dealer or a distributor is granted the right to occupy premises owned, leased,
or controlled by a refiner or distributor.
(5) "Franchisee� means either a distributor who or that has entered into a franchise agreement
with a refiner, or a retail dealer who has entered into a franchise agreement with
a distributor or a refiner.
(6) "Franchisor� means either a refiner who or that enters into a franchise agreement
with a distributor or retail dealer, or a distributor who enters into a franchise
agreement with a retail dealer.
(7) "Motor fuel� and "petroleum product� means any substance or combination of substances
that is intended to be or is capable of being used for the purpose of propelling or
running by combustion any internal combustion engine that is sold or used for that
purpose.
(8) "Person� means any natural person, corporation, partnership, trust, or other entity,
and, in the case of any entity, the term also includes any other entity that has a
majority interest in the entity or effectively controls the entity, the officers,
directors, and other persons in active control of each entity.
(9) "Place of business� means:
(i) Any fixed geographical location at which, pursuant to a franchise agreement, motor
fuels are sold or distributed or a trademark, trade name, service mark, or other identifying
symbol is used or displayed; or
(ii) Any premises owned, leased, or controlled by a refiner or distributor, in which a
retail dealer or a distributor is granted the right of occupancy pursuant to a franchise
agreement.
(10) "Refiner� means any person engaged in the refining or importing of petroleum products.
(11) "Retail dealer� means any person who operates a service station, filling station,
store, garage, or other place of business for the sale of motor fuel for delivery
into the service tank or tanks of any vehicle propelled by an internal combustion
engine.
(12) "Retail fuel outlet� means a place at which gasoline and oil are stored and supplied
to the public that is operated directly by a refiner or distributor.