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
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 42-127b. - 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 42-133c. - 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 42-133h. - Applicability of sections 42-133e to 42-133g, inclusive.
Section 42-133j. - Legislative finding concerning petroleum product franchises.
Section 42-133k. - Definitions.
Section 42-133m. - Assignment of franchise. Automatic termination.
Section 42-133n. - Remedies. Effect of judgment. Limitation of actions.
Section 42-133r. - Definitions.
Section 42-133u. - Manufacturers or dealers to indemnify franchised dealers.
Section 42-133x. - Effects of a franchise termination, cancellation or nonrenewal.
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 42-133ee. - Civil action for injunction and damages.
Section 42-133gg. - Sale or transfer of names of credit cardholders.
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.