S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3815 A. 5331
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
February 18, 2015
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
Protection
IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA -- Multi-Sponsored by
-- M. of A. MAGEE, OAKS, RIVERA -- read once and referred to the
Committee on Economic Development
AN ACT to amend the general business law, in relation to prohibiting a
producer, distributor or refiner from selling, transferring, or
assigning interest in a retail outlet leased to a dealer unless the
producer, distributor or refiner makes certain offers of the produc-
er's, distributor's or refiner's interest to such dealer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
24-D to read as follows:
ARTICLE 24-D
SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS
SECTION 375. SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS.
S 375. SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS. (A) FOR THE
PURPOSES OF THIS SECTION:
(1) "PRODUCER" MEANS A PERSON WHO PURCHASES COMPONENT ELEMENTS AND
COMBINES THEM TO PRODUCE GASOLINE PRODUCTS.
(2) "BOOK VALUE" MEANS ACTUAL COST LESS ACTUAL DEPRECIATION TAKEN.
(3) "DEALER" MEANS ANY PERSON, OTHER THAN A REFINER OR WHOLESALER, WHO
IS ENGAGED IN THE BUSINESS OF SELLING MOTOR FUEL AT A RETAIL OUTLET.
(4) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED IN THE SALE, CONSIGNMENT OR
DISTRIBUTION OF MOTOR FUELS TO DEALERS.
(5) "REFINER" MEANS ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR FUEL
THROUGH THE LOADING RACK AT SUCH TERMINAL FACILITY, AND INCLUDES AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08495-01-5
S. 3815 2 A. 5331
AFFILIATE OF SUCH REFINER WITH RESPECT TO SUCH AFFILIATE'S SALE OF MOTOR
FUEL.
(6) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC.
(B)(1) EVERY MARKETING AGREEMENT BETWEEN A REFINER, PRODUCER OR
DISTRIBUTOR AND A DEALER IS SUBJECT TO THE PROVISIONS OF THIS SECTION,
WHETHER OR NOT EXPRESSLY SET FORTH OR STATED IN SUCH AGREEMENT.
(2) THIS SECTION SHALL NOT APPLY TO TRANSACTIONS OTHERWISE COVERED
UNDER THE FEDERAL PETROLEUM MARKETING PRACTICES ACT.
(C) IF A PRODUCER, REFINER OR DISTRIBUTOR OWNS A FEE SIMPLE INTEREST
IN A RETAIL OUTLET LEASED TO A DEALER, THE PRODUCER, REFINER OR DISTRIB-
UTOR MAY NOT SELL, TRANSFER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S,
REFINER'S OR DISTRIBUTOR'S INTEREST IN THE RETAIL OUTLET UNLESS THE
PRODUCER, REFINER OR DISTRIBUTOR:
(1) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEALER
THE PRODUCER'S, REFINER'S OR DISTRIBUTOR'S INTEREST IN THE RETAIL
OUTLET, EXCEPT FOR SIGNS DISPLAYING THE INSIGNIA OR ANY OTHER TRADEMARK,
SERVICE MARK, COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER, REFINER
OR DISTRIBUTOR; OR
(2) IF APPLICABLE, OFFERS A RIGHT OF FIRST REFUSAL TO THE DEALER OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER, REFINER OR DISTRIBUTOR
MADE BY ANOTHER PERSON TO PURCHASE THE PRODUCER'S, REFINER'S OR DISTRIB-
UTOR'S INTEREST IN THE RETAIL OUTLET.
(D) IF A PRODUCER, REFINER OR DISTRIBUTOR LEASES A RETAIL OUTLET FROM
A THIRD PARTY AND SUBLEASES THE RETAIL OUTLET TO A DEALER, THE PRODUCER,
REFINER OR DISTRIBUTOR MAY NOT SELL, TRANSFER, OR ASSIGN TO ANOTHER
PERSON THE PRODUCER'S, REFINER'S OR DISTRIBUTOR'S INTEREST IN THE THIRD
PARTY LEASE UNLESS THE PRODUCER, REFINER OR DISTRIBUTOR:
(1)(I) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE
DEALER THE PRODUCER'S, REFINER'S OR DISTRIBUTOR'S INTEREST IN THE THIRD
PARTY LEASE; AND
(II) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEAL-
ER THE PRODUCER'S, REFINER'S OR DISTRIBUTOR'S INTEREST IN ANY IMPROVE-
MENTS OR EQUIPMENT OWNED BY THE PRODUCER, REFINER OR DISTRIBUTOR AND
LOCATED AT THE RETAIL OUTLET, EXCEPT FOR SIGNS DISPLAYING THE INSIGNIA
OR ANY OTHER TRADEMARK, SERVICE MARK, COPYRIGHT, OR PATENTED EQUIPMENT
OF THE PRODUCER, REFINER OR DISTRIBUTOR, AT A PRICE NOT EXCEEDING THE
GREATER OF THE FAIR MARKET VALUE OR THE BOOK VALUE OF THE IMPROVEMENTS
AND EQUIPMENT; OR
(2) IF APPLICABLE, OFFERS A RIGHT OF FIRST REFUSAL TO THE DEALER OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER, REFINER OR DISTRIBUTOR
MADE BY ANOTHER PERSON TO ACQUIRE THE PRODUCER'S, REFINER'S OR DISTRIBU-
TOR'S INTEREST IN THE THIRD PARTY LEASE AND THE IMPROVEMENTS AND EQUIP-
MENT LOCATED AT THE RETAIL OUTLET.
S 2. This act shall take effect immediately; provided, however, that
nothing in this act shall be construed to affect any retail outlet where
the title to such retail outlet was transferred by the producer, refiner
or distributor, or a contract of sale or lease of such retail outlet was
entered into prior to the date this act shall have become a law.