(1) "Affiliate" means any person who, other than by means of a franchise, controls, is controlled by or is under common control with any other person.
(2) "Company operated station" means a motor fuel service station operated by a franchisor with employees of the franchisor or by a commission manager of the franchisor for the sale of motor fuel to the general public for ultimate consumption.
(3) "Contract" means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels.
(4) "Control" means the direct or indirect ownership of or the right to exercise a directing influence over more than 50 percent of the beneficial interest in any person.
(5)(a) "Franchise" means any contract:
(A) Between a refiner and a motor fuel distributor;
(B) Between a refiner and a motor fuel retailer;
(C) Between a motor fuel distributor and another motor fuel distributor; or
(D) Between a motor fuel distributor and a motor fuel retailer, under which a refiner or motor fuel distributor authorizes or permits a motor fuel retailer or motor fuel distributor to use, in connection with the sale, consignment or distribution of motor fuel, a trademark which is owned or controlled by such refiner or motor fuel distributor or by a refiner which supplies motor fuel to the motor fuel distributor which authorizes or permits such use.
(b) "Franchise" includes:
(A) Any contract under which a motor fuel retailer or motor fuel distributor is authorized or permitted to occupy leased marketing premises, 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 or motor fuel distributor or by a refiner which supplies motor fuel to the motor fuel distributor which authorizes or permits such occupancy;
(B) Any contract pertaining to the supply of motor fuel which is to be sold, consigned or distributed under a trademark owned or controlled by a refiner or motor fuel distributor or under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel was sold, consigned or distributed under a trademark owned and controlled on such date by a refiner or motor fuel distributor; and
(C) The unexpired portion of any franchise, as defined in this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provisions of law which permits such transfer or assignment without regard to any provision of the franchise.
(6) "Franchise relationship" means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise.
(7) "Franchisee" means a motor fuel retailer or motor fuel distributor who is authorized or permitted under a franchise to use a trademark in connection with the sale, consignment or distribution of motor fuel.
(8) "Franchisor" means a refiner or motor fuel distributor who, under a franchise, authorizes or permits a retailer or motor fuel distributor to use a trademark in connection with the sale, consignment or distribution of motor fuel.
(9) "Leased marketing premises" means marketing premises owned, leased or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment or distribution of motor fuel.
(10) "Marketing premises" means in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment or distribution of motor fuel.
(11) "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.
(12) "Motor fuel distributor" means any person, including any affiliate of such person, who:
(a) Purchases motor fuel for sale, consignment or distribution to another; or
(b) Receives motor fuel on consignment for distribution to the distributor’s own motor fuel accounts or to accounts of the distributor’s 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 or who receives motor fuel on consignment for sale to the general public for ultimate consumption.
(13) "Motor fuel retailer" means any person who purchases motor fuel for sale to the general public for ultimate consumption.
(14) "Refiner" means any person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person. [1987 c.917 §1]