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:”Dealer” means any person who
purchases motor fuel for sale to the general public for ultimate consumption.
“Dealer” 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.”Designated family member” 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’s
interest under the agreement and who shall become the dealer upon the completion
of the succession.”Franchise” or “franchise agreement”
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. “Franchise” or “franchise
agreement” 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.”Franchise fee” 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 “franchise fee” shall not include reasonable
actual costs and expenses incurred by the refiner in effecting the assignment,
transfer, or sale.”Franchisor” 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.”Jobber/distributor” 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.”Newly remodeled facility” 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.”Operation of a retail
outlet” 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.”Petroleum products” or “motor fuel” 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.”Profit” means the net gain, for income tax purposes,
realized by the dealer upon the assignment, transfer, or sale of the franchise
agreement.”Refiner” means any person engaged in the refining of
crude oil to produce motor fuel and includes any affiliate of such
person.”Retail” means the sale of petroleum products for purposes
other than resale.”Retail outlet,” “marketing premises,”
or “leased marketing premises” means the premises at which petroleum
products are sold to the general public.”Trial franchise” 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.