§ 10-1-230. Short Title
This article shall be known and may be cited as the “Gasoline Marketing Practices Act.” History. Ga. L. 1973, p. 438, § 1.
§ 10-1-231. Legislative Findings
The General Assembly finds and declares that the distribution and sales through marketing agreements of gasoline in the State of Georgia vitally affects the general economy of the state, the public interest, and public welfare and that it is necessary, therefore, in the public interest to define the relationships and responsibilities of the parties to […]
§ 10-1-232. Definitions
As used in this article, the term: “Automotive gasoline” or “gasoline” means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles. “Automotive gasoline dealer” or “gasoline dealer” means any person or firm engaged primarily in the retail sale of automotive gasoline and related products and services under a marketing […]
§ 10-1-233. Acts of Distributor Violating Article
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: To terminate or cancel such marketing agreement without good cause prior to the expiration date; To terminate or […]
§ 10-1-234. Selling Controlled Product to Another Distributor for Retail Sale; Selling to Other Dealers at Distress Prices
It shall be an unlawful predatory and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product and has the power to require the purchase of that product by another automotive gasoline distributor or an automotive gasoline dealer doing business in this state to sell said […]
§ 10-1-234.1. Suppliers May Not Inhibit Gasoline Distributors From Being Blenders
Regardless of other products offered, any supplier which, pursuant to a marketing agreement, supplies gasoline from a terminal in this state to a gasoline distributor shall offer to supply such party with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol. No supplier shall prevent or inhibit a gasoline […]
§ 10-1-235. Action by Dealer Against Distributor for Violation of Article Authorized; Nature of Relief; Attorneys’ Fees
Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this article in the superior court of the county where such distributor resides or, if the distributor is a corporation, in accordance with Title 14, to recover damages sustained by reason of any violation of this article, provided that […]
§ 10-1-237. Action by Dealer Against Distributor for Violation of Article; Notice of Termination Prior to Expiration; When Premises Must Be Vacated
Upon receipt of notice to cancel or terminate an existing lease prior to expiration date, it shall be the duty of the dealer to notify the distributor within 30 days thereof of his intention to hold over and to set forth in writing to the distributor his reasons and justifications therefor and thereafter within ten […]
§ 10-1-238. Action by Distributor Against Dealer for Breach of Agreement; Attorneys’ Fees
Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement. Attorneys’ fees shall be controlled by Code Section 13-6-11. History. Ga. L. 1973, p. 438, § 11; Ga. L. 1978, p. 2249, § 12; Ga. L. 1993, p. 91, § 10.
§ 10-1-239. Limitation of Actions
No action shall be brought under Code Section 10-1-235 or Code Section 10-1-238 unless commenced within two years after the cause of action shall have accrued. History. Ga. L. 1973, p. 438, § 12.
§ 10-1-240. Marketing Agreements Subject to Article
This article shall apply to all marketing agreements as defined in paragraph (4) of Code Section 10-1-232 that are granted, renewed, or amended to extend the lease period on or after July 1, 2009. History. Ga. L. 1973, p. 438, §§ 6, 9; Ga. L. 1978, p. 2249, § 11; Ga. L. 2009, p. 201, […]
§ 10-1-241. Sale of Real Property Not Affected
This article is not intended to alter or change the present law or regulations pertaining to the sale or transfer of title to real property, and the owner may at any time enter into a contract for the bona fide sale of his property. History. Ga. L. 1973, p. 438, § 10.