As used in NRS 597.270 to 597.470, inclusive, unless the context requires otherwise, the words and terms defined in NRS 597.280 to 597.380, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1975, 1280; A 1987, 2197; 1999, 702)
“Affiliate” means any person who controls, is controlled by or is under common control with any other person. (Added to NRS by 1987, 2196)
“Control” means the direct or indirect ownership of, or right to exercise a directing influence over, more than 50 percent of the beneficial interest in any other person. (Added to NRS by 1987, 2196)
“Franchise” or “franchise agreement” means a written or oral agreement between a refiner and a retailer under which the retailer is granted the right: 1. To use a trademark, trade name, service mark or other identifying symbol or name owned by the refiner; or 2. To occupy premises owned, leased or controlled by the refiner, […]
“Lessee dealer” means a retailer who operates a service station pursuant to a franchise agreement if the service station is leased to the retailer by the refiner with whom the retailer has entered into the franchise agreement. (Added to NRS by 1997, 2015)
“Marketing area” means an area of not more than 5 miles in any direction from a service station selling the products of a refiner pursuant to a franchise. (Added to NRS by 1987, 2196)
“Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060, except that it includes diesel fuel. (Added to NRS by 1987, 2196)
“Price” means the net purchase price after any adjustment for a commission, fee, rebate or discount, or for the furnishing of services or facilities. (Added to NRS by 1987, 2196)
“Refiner” means any person, including an affiliate, who: 1. Produced quantities of crude oil equal to more than 30 percent of the domestic and imported crude oil supplied to his or her refinery during the most recent calendar year for which information is available; 2. Refines motor vehicle fuel from crude oil; and 3. Has […]
“Refinery” means a manufacturing facility at which motor vehicle fuel is produced from crude oil. (Added to NRS by 1987, 2196)
“Retailer” means a: 1. Wholesale purchaser; or 2. Person who operates a service station pursuant to a franchise agreement with a refiner or wholesale purchaser. (Added to NRS by 1987, 2196)
“Service station” means an establishment where motor vehicle fuel is sold to the general public. (Added to NRS by 1987, 2197)
“Wholesale purchaser” means any person who purchases motor vehicle fuel or other petroleum products from a refiner or other wholesaler for distribution to service stations or to individual or business consumers. (Added to NRS by 1987, 2197)
A refiner shall not, directly or indirectly or through any officer, agent or employee: 1. Prohibit, directly or indirectly, the right of free association among retailers or wholesale purchasers for any lawful purpose. 2. Change or modify any restrictions upon business activities of a retailer during the term of the franchise that are not related […]
1. A refiner shall not fail to renew the franchise of any retailer without fairly compensating the retailer at a fair going business value for his or her capital investment if: (a) The capital investment was entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (b) The cancellation […]
1. Except as otherwise provided in subsection 2 or 3, a refiner shall not, directly or indirectly, or through an officer, agent or employee terminate, cancel or fail to renew a franchise or a contract with a wholesale purchaser without first giving to the retailer or wholesale purchaser written notice as follows: (a) In case […]
The failure of a refiner to serve notice upon a retailer or wholesale purchaser as required in NRS 597.410 constitutes a grant of the option by the refiner to the retailer or wholesale purchaser to renew the franchise or contract for a period of 1 year under the same price, rent, terms and conditions as […]
All notices required of refiners under NRS 597.410 or 597.420 must be given in writing by certified mail, return receipt requested, to: 1. The address indicated in the agreement or as subsequently changed by the party in writing; or 2. If no address was designated, the party’s place of business. (Added to NRS by 1975, […]
On or after January 1, 2001, a refiner who engages in the direct operation of: 1. Less than 30 service stations in this state, with his or her own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of not more than […]
1. If a refiner is unable to commence the direct operation of a service station because of the restrictions set forth in NRS 597.440, the refiner may operate the service station temporarily for not more than 180 days if: (a) The retailer voluntarily terminates or agrees not to renew the franchise for the service station; […]
