Title 10, Chapter 1, Section 233
( 10-1-233)
It shall be a violation of this article for any gasoline distributor
who has a marketing agreement with a gasoline dealer, directly or
indirectly, through any officer, agent, or employee, to commit any
of the following acts: (1) To terminate or cancel such marketing agreement without good
cause prior to the expiration date; (2) To terminate or cancel an existing marketing agreement prior
to this expiration date or to fail to enter into subsequent
agreements without having first given written notice setting forth
all the reasons for such action to the gasoline dealer at least 60
days in advance of such termination, cancellation, or expiration
of the existing agreement; provided, however, that such notice
shall not be required of a gasoline distributor acting with
reasonable cause to believe the dealer is maliciously and
willfully damaging the property rights of the gasoline distributor
or if the dealer has voluntarily abandoned the marketing
relationship or after five days' notice has failed to pay his just
debts when due to the distributor; (3) By the use of coercion, intimidation, or threats, to force or
induce such gasoline dealer to deal exclusively in products
manufactured, distributed, or sponsored by the gasoline
distributor or to participate in promotions. Hours of operation
which are set in any written agreement in effect prior to July 1,
1978, can only be changed by mutual consent. It shall also be the
duty of the distributor to advise the dealer in writing prior to
execution of the agreement the projected potential gallonage and
the dealer shall acknowledge same in writing prior to execution of
the marketing agreement that he is willing to accept same; (4) To engage in any acts which have the purpose, intent, or
effect of fixing or maintaining prices or of forcing or inducing
adherence to prices at which such gasoline distributor's products
are to be resold by such gasoline dealers, provided that nothing
in this paragraph shall be deemed to prohibit recommendation,
suggestion, urging, or discussion; (5) To require a gasoline dealer, at the time of entering into a
marketing agreement, to assent to a release, assignment, novation,
waiver, or estoppel which would relieve any person from liability
imposed by this article; (6) To require or prohibit any change in management of any
gasoline dealer unless such requirement or prohibition of change
shall be for good cause, which cause shall be stated in writing by
the gasoline distributor; (7) To impose standards of performance upon the gasoline dealer
other than those in the marketing agreement; (8) To provide any term or condition in any marketing agreement,
or other agreement ancillary or collateral thereto, which term or
condition directly or indirectly violates this article; (9) After July 1, 1978, to require operation in excess of a
six-day week or in excess of a 12 hour day if the dealer can prove
it results in substantially lessening the profits earned in his
entire operation to the extent that it is not economically
feasible to continue said operation; provided, however, that this
paragraph shall in no way impair the obligation of contracts made
prior to July 1, 1978; and provided, further, that this paragraph
shall not impair the writing of a contract for hours in excess of
the hours expressed in this paragraph or impair the right to
enforce the hours contained in any contract until sufficient
evidence is available to a dealer to exercise the rights provided
in this article; and provided, further, that this paragraph shall
not be applicable to dealers or distributors who operate a food or
convenience store in conjunction with the retail sale of
automotive gasoline and related products. |