10-1-720. Definitions.

As used in this article, the term:

“Adult” means any person who is not a minor.#

“Dealer” means any person, other than an agent or employee of a producer or redistributor, who is engaged in the retail sale of petroleum products under a franchise agreement as defined in paragraph (4) of this Code section.#

“Designated family member” means the adult spouse, the adult child of the dealer, or the spouse of an adult child of the dealer, who has experience in the service station business and who, in the case of the dealer’s death or retirement, is designated in writing by notice from the dealer to the producer or redistributor as entitled to be offered a trial franchise as such term is defined in the federal Petroleum Marketing Practices Act (15 U.S.C. Section 2801, et seq.).#

“Franchise” or “franchise agreement” means an agreement between a producer and a dealer or a redistributor and a dealer under which the dealer is granted the right to:#

1. (A)

   Use a trademark, trade name, service mark, or other identifying symbol or name owned by the producer or redistributor; or#

2. (B)

   Occupy a service station owned, leased, or controlled by the producer or redistributor for the purpose of engaging in the retail sale of petroleum products of the producer or redistributor.#

“Producer” means every person who produces, refines, manufactures, processes, blends, or otherwise alters any motor fuel and other petroleum products for sale or use in this state and every person who distributes any motor fuel and other petroleum products for resale in this state.#

“Redistributor” means any person who sells petroleum products for resale at retail.#

“Service station” means any filling station, store, garage, or other place of business in this state engaging in the retail sale of motor fuel and other petroleum products.#