Connecticut General Statutes
Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions
Section 42-133k. - Definitions.

For the purposes of sections 42-133j to 42-133n, inclusive:

(1) “Franchise” means any contract (A) between a refiner and a distributor; (B) between a refiner and a retailer; (C) between a distributor and another distributor; or (D) between a distributor and a retailer, under which a refiner or distributor, as the case may be, authorizes or permits a retailer or 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 by a refiner which supplies motor fuel to the distributor which authorizes or permits such use.
(2) “Franchise” includes (A) any contract under which a retailer or distributor, as the case may be, is authorized or permitted 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 or by a refiner which supplies motor fuel to the 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 (i) under a trademark owned or controlled by a refiner; or (ii) 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 or controlled on such date by a refiner; and (iii) the unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of state law which permits such transfer or assignment without regard to any provision of the franchise.
(3) “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.
(4) “Franchisor” means a refiner or distributor, as the case may be, who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
(5) “Franchisee” means a retailer or distributor, as the case may be, who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
(P.A. 77-493, S. 2; P.A. 91-195.)
History: P.A. 91-195 replaced the previous definitions with the definitions in the Federal Petroleum Marketing Practices Act, 15 U.S.C. 2801.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 42 - Business, Selling, Trading and Collection Practices

Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions

Section 42-126. - Sale of merchandise with trading stamps, coupons or other similar devices.

Section 42-126a. - Trading stamps.

Section 42-126b. - Unsolicited sending of goods. Cancellation of trial offers and introductory rate offers. Automatic renewals. Unfair trade practices.

Section 42-126c. - Disclosure requirements for mail order businesses in advertising or promotional materials.

Section 42-127b. - Licensing of persons in business on October 1, 1971.

Section 42-128. - Bond required.

Section 42-130. - Use of terms.

Section 42-132 and 42-133. - Application in case of pretended purchase or assignment. Penalty.

Section 42-133b. - Forfeiture of consumer credit charges on failure to respond to debtor's inquiry. Liability for damages if amount in error.

Section 42-133c. - Finance charge applied by retail sellers on open-end credit plans.

Section 42-133d. - Annual statement of interest imposed and paid under open-end credit plan.

Section 42-133e. - Franchises: Definitions.

Section 42-133f. - Termination, or cancellation of, or failure to renew a franchise.

Section 42-133g. - Action for violation. Right to occupy franchise premises where lease expires upon termination of franchise. Items filed with court by franchisor seeking possession of franchise premises.

Section 42-133h. - Applicability of sections 42-133e to 42-133g, inclusive.

Section 42-133i. - Notice of expiration date of magazine subscription. Magazine subscription offer in the form of an invoice or bill. Unfair trade practice.

Section 42-133j. - Legislative finding concerning petroleum product franchises.

Section 42-133k. - Definitions.

Section 42-133l. - Franchise agreements. Termination. Good cause. Notice required. Prohibited conduct. Terms.

Section 42-133m. - Assignment of franchise. Automatic termination.

Section 42-133n. - Remedies. Effect of judgment. Limitation of actions.

Section 42-133q. - Motor homes dealer, manufacturer or distributor: Applicable provisions of Secs. 42-133r to 42-133ee.

Section 42-133r. - Definitions.

Section 42-133s. - Obligations of manufacturers and distributors. Retail rate for parts and labor. Establishment, rebuttal and protest. Hearings. Dealer's claims.

Section 42-133t. - Liability of manufacturers and distributors for damages. Allocation of risk of loss.

Section 42-133u. - Manufacturers or dealers to indemnify franchised dealers.

Section 42-133v. - Cancellation, termination or nonrenewal of franchise. “Good cause” requirement. Notice. Appeal.

Section 42-133w. - Manufacturer or distributor to compensate dealer upon termination, nonrenewal or cancellation.

Section 42-133x. - Effects of a franchise termination, cancellation or nonrenewal.

Section 42-133y. - Succession to ownership interest in dealership by family member upon owner's death or incapacity.

Section 42-133z. - Refusal to honor succession by family member. Notice.

Section 42-133aa. - Burden of proof for succession refusal on manufacturer or distributor.

Section 42-133bb. - Prohibited acts by manufacturer or distributor re dealer.

Section 42-133cc. - Prohibited acts by manufacturer or distributor.

Section 42-133dd. - Establishment of new franchises within a market area. Notice of intention. Protests. Procedure. Hearing.

Section 42-133ee. - Civil action for injunction and damages.

Section 42-133ff. - Surcharge based on method of payment prohibited. Discount not prohibited. Agreement or contract not to prohibit discount based on method of payment for gasoline. Minimum purchase requirement. Agent commissions. Penalties. Regulati...

Section 42-133gg. - Sale or transfer of names of credit cardholders.

Section 42-133hh. - Restriction on information that may be printed on credit and debit card receipts.

Section 42-133ii. - Hold on credit or debit card account for the retail sale of gasoline.

Section 42-133mm. - Sale, transfers or assignment of franchisor's interest.