Final Text
CHAPTER 460
RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA PETROLEUM PRODUCTS
FRANCHISE ACT (REPEALED)
2VAC5-460-10. Conditions under which a producer/refiner may
temporarily operate a franchised retail outlet. (Repealed.)
A. A producer or refiner may temporarily operate a
previously franchised dealer-operated retail outlet which is within 1½ miles
of any franchised dealer-operated outlet for a period not to exceed 60 days;
provided that the franchisee is lawfully terminated or not renewed under any
provisions of the Virginia Petroleum Products Franchise Act, § 59.1-21.14,
Chapter 2.2, §§ 59.1-21.8 through 59.1-21.18:1 of the Code of Virginia, or the
Petroleum Marketing Practices Act, 15 U.S.C. § 2801. In the case of illness or
personal injury of the franchised dealer, a producer/refiner may operate the
franchised outlet when mutually agreed by both parties for a period up to one
year, subject to certification upon the request of the commissioner.
B. A producer/refiner may operate the outlet for additional
30-day periods, provided that he can show that a good faith effort has been
made and no new franchisee can be found. A good faith effort shall be
considered advertising in a newspaper of general circulation in the area where
the establishment is located for three consecutive days during each 30-day
period. The producer/refiner shall document the advertising and maintain a file
of respondents or other potential franchisees. He shall also certify upon
request that no acceptable franchisees responded during each 30-day period of
operation.
2VAC5-460-20. Rebuilding and relocating of producer or
refiner operated retail outlets. (Repealed.)
A. Relocating. A retail outlet lawfully operated by a
producer/refiner on or before July 1, 1979, may be relocated at a distance of not
more than 10 miles; but it must be at least 1 ½ miles from any other franchised
retail outlet of the same brand. All distance shall be measured by the nearest
primary road or street. This move shall be allowed if the retail outlet
location is lost through:
1. Involuntary condemnation by state or other political
subdivision for any reason;
2. The nonrenewal by the owner of the property lease under
which the station was operating, and this nonrenewal can be certified by the
property owner; or
3. Denial of building permit or prohibited zoning by any
political subdivision.
B. Rebuilding. Producer/refiner locations may be rebuilt at
the same location, or in reasonable proximity, when the station is lost to
fire, other disasters, or being remodeled or renewed. For the purposes of this
section, reasonable proximity shall not be more than 1000 feet in any direction
from the current property line.
2VAC5-460-30. Producer/refiner and franchise dealers shall
file a listing of retail outlets operated. (Repealed.)
A. For each outlet operating on July 1, 1979, each
producer/refiner and each franchised dealer shall provide the name under which
the location is operated, the street address or other designation which
indentifies the exact location, and the correct mailing address including the
zip code. Forms shall be provided by the Department of Agriculture and Consumer
Services. These forms shall be certified by a responsible person who is
authorized to represent the producer/refiner or the franchised dealer. Filing
is optional for producer/refiner outlets that were operating July 1, 1979, as
provided for in § 59.1-21.16:2 D of the Code of Virginia.
1. All retail outlets existing July 1, 1979, shall be
reported to the Virginia Department of Agriculture and Consumer Services
(VDACS) not later than August 31, 1979.
2. Any retail outlets newly created after July 1, 1979,
shall be reported to VDACS as outlined above within 10 days of:
a. Any franchisee entering into an agreement with a
producer/refiner;
b. The issuance of a building permit to any
producer/refiner for any new location; or
c. The acquisition of any current facility by a
producer/refiner to be operated by the producer/refiner as a retail outlet.
B. The transfer or assignment of a franchise by a dealer to
a qualified transferee shall be filed with the Virginia Department of
Agriculture and Consumer Services by the new franchisee within 30 days after
the normal contractual transfer.
C. Failure to register as required may mean loss of
protection provided by the Virginia Petroleum Products Franchise Act, §
59.1-21.16:2 of the Code of Virginia or the rules and regulations for the
enforcement of that act.