44-1551. Definitions

In this article, unless the context otherwise requires:

1. " Affiliate" means a person who controls, is controlled or is under common control with another person.

2. " Control" means actual or legal power of influence over another person, whether direct or indirect, arising through direct or indirect ownership of capital stock, interlocking directorates or officers, contractual relations, agency agreements or leasing arrangements where the result is used to affect or influence such persons.

3. " Dealer" means any person engaged in the retail sale of petroleum products supplied under a distributorship, franchise or other agreement, entered into with a distributor.

4. " Distributor" means any person engaged in the sale, consignment or other distribution of petroleum products to dealers at retail outlets serving the general motoring public.

5. " Engaged in the sale of petroleum products" means, in the case of a dealer, that at least fifty per cent of the average annual gross revenue of the franchise is derived from the sale of petroleum products.

6. " Franchise" or " franchise agreement" means a written agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the distributor, under which the dealer is granted the right to occupy premises owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of petroleum products of the distributor.

7. " Good cause" means the failure of a dealer to comply with those express provisions of the franchise except any that may be unconscionable.

8. " Good faith" includes the duty of a party to act in a fair and equitable manner in the performance and in demanding performance of the franchise.

9. " Petroleum products" means motor vehicle fuels and lubricants.

10. " Retail sale of products" means the sale thereof for consumption and not for resale at a retail outlet serving the motoring public.

11. " Sale, transfer or assignment" means any disposition of a franchise or any interest therein, with or without consideration, to include but not limited to bequest, inheritance, gift, exchange, lease or license.