1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 11-B: Franchises for the Sale of Motor Fuels


Section 199-A Definitions

General Business (GBS)

As used in this article, the terms:

  1. "Distributor" means any person engaged in the sale, consignment, or distribution of motor fuels to dealers.

  2. "Dealer" means any person engaged in the retail sale of motor fuels for use in motor vehicles under a franchise entered into with a distributor.

  3. "Franchise" means any agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor, or to which the distributor has the right to authorize the use thereof, and is furnished by the distributor with products to be sold at retail under such trademark, trade name, service mark, or other identifying symbol or name or any agreement between a distributor and a dealer under which the dealer is granted the right to occupy or use premises or facilities owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of motor fuels of the distributor, provided that an agreement by one distributor to lease premises or facilities to another distributor shall not constitute a franchise.

  4. "Retail" means the sale of motor fuels to the consuming public for the purposes other than resale.

  5. "Service Station" means any premises whereon the retail sale of motor fuels is conducted as the principal business.