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19.108.930 | Effective date—Application—1981 c 286. | This chapter takes effect on January 1, 1982, and does not apply to misappropriation occurring prior to the effective date.
[ 1981 c 286 s 12 .] |
19.110.010 | Legislative declaration. | The legislature finds and declares that the widespread and unregulated sale of business opportunities has become a common area of investment problems and deceptive practices in the state of Washington. As a result, the provisions of this chapter are necessary to counteract the potential negative impact of the sale of b... |
19.110.020 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Business opportunity" means the sale or lease of any product, equipment, supply, or service which is sold or leased to enable the purchaser to start a business; and: (a) The seller represents that the sell... |
19.110.030 | Sale or lease of business opportunity—Offer to sell or lease business opportunity—Occurrence in Washington. | (1) An offer to sell or offer to lease a business opportunity occurs in Washington when: (a) The offer is made in Washington; or (b) The purchaser resides in Washington at the time of the offer and the business opportunity is or will be located, in whole or in part, in the state of Washington; or (c) The offer originat... |
19.110.040 | Application of chapter. | Nothing in this chapter applies to: (1) A radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter; (2) A franchise subject to the pro... |
19.110.050 | Persons proposing to sell or lease business opportunity—Registration required—Application—Renewal—Denial, suspension, or revocation of registration. | (1) Any person who proposes to sell or lease a business opportunity must register prior to advertising, soliciting, or making any offer, sale, or lease in this state. (2) Any person proposing to sell or lease a business opportunity must apply for registration by filing with the director: (a) A copy of the disclosure do... |
19.110.060 | Registration fees. | The director shall charge and collect the fees specified by this section. All fees are nonrefundable and shall be deposited in the state treasury. (1) The registration fee is two hundred dollars. (2) The renewal fee is one hundred twenty-five dollars. (3) The amendment fee is thirty dollars.
[ 1981 c 155 s 6 .] |
19.110.070 | Disclosure document required—Contents. | The seller shall provide the purchaser a written disclosure document at least forty-eight hours before the purchaser signs a business opportunity contract. The cover sheet of the disclosure document shall be entitled: "DISCLOSURES REQUIRED BY THE STATE OF WASHINGTON." The following statement shall appear under the titl... |
19.110.075 | Business opportunity fraud—Penalties. | (1) Any person who violates RCW 19.110.050 or 19.110.070 is guilty of a gross misdemeanor. (2) Any person who knowingly violates RCW 19.110.050 or 19.110.070 is guilty of a class B felony punishable according to chapter 9A.20 RCW. (3) No indictment or information for a felony may be returned under this chapter more tha... |
19.110.080 | Disclosure document—Director authorized to accept alternative. | The director may, by rule or order: (1) Accept any disclosure document filed with agencies of the United States or any other state; or (2) Accept any disclosure document compiled in accordance with any rule or regulation of any agency of the United States or any other state; or (3) Waive disclosure of information which... |
19.110.090 | Persons proposing to sell or lease business opportunity—Service of process. | Every person who proposes to sell or lease a business opportunity in this state through any person acting on an agency basis in the common law sense shall file with the director, in such form as the director by rule prescribes, an irrevocable consent appointing the director or the director's successor in office to be t... |
19.110.100 | Seller to provide surety bond or trust account—Action by state or injured person—Damages. | (1) If the seller makes any guarantee described in RCW 19.110.020 (1)(c), the seller shall have a surety bond issued by a surety company authorized to do business in Washington or a trust account with a licensed and insured bank or savings institution located in the state of Washington. The trustee shall be acceptable ... |
19.110.110 | Business opportunity contract—Content—Cancellation period. | (1) Every business opportunity contract shall be in writing and shall be dated and signed by the purchaser. (2) The seller shall provide the purchaser with a copy of the completed contract at the time the purchaser signs the contract. (3) The seller may not receive any consideration before the purchaser signs a busines... |
19.110.120 | Unlawful acts. | (1) It is unlawful for any person to: (a) Make any untrue or misleading statement of a material fact or to omit to state a material fact in connection with the offer, sale, or lease of any business opportunity in the state; or (b) Employ any device, scheme, or artifice to defraud; or (c) Engage in any act, practice, or... |
19.110.130 | Liability of seller for violation of chapter—Remedies—Damages. | Any seller who violates any provision of this chapter is liable to the purchaser. The purchaser may sue for actual damages, or an injunction, or rescission, or other relief. In addition, the purchaser may sue for costs of suit, including a reasonable attorney's fee. The court may increase the amount of damages awarded ... |
19.110.140 | Director authorized to investigate violations—Authority to subpoena witnesses or require production of documents. | The director may make public or private investigations within or outside the state of Washington to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter. The director, or any officer designated by the director, may administer oaths... |
19.110.143 | Subpoena authority—Application—Contents—Notice—Fees. | (1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are loc... |
19.110.150 | Order to cease and desist—Hearing—Notice. | (1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter. (2) Reasonable notice of and opportunity for a hearing shall be given. The director may issue ... |
19.110.160 | Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—Appointment of receiver or conservator—Civil penalties. | (1)(a) The attorney general, in the name of the state or the director, or the proper prosecuting attorney may bring an action to enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus... |
19.110.170 | Violations constitute unfair practice. | Any violation of this chapter is declared to be an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of application of the Consumer Protection Act, chapter 19.86 RCW.
[ 1981 c 155 s 20 .] |
19.110.180 | Authority of director to issue rules, forms, orders, interpretive opinions. | The director may make, amend, and repeal rules, forms, and orders as necessary to carry out the provisions of this chapter. The director may honor requests for interpretive opinions.
[ 1981 c 155 s 17 .] |
19.110.190 | Appointment of administrator—Delegation of powers. | The director shall appoint a competent person to administer this chapter. The director shall delegate to an administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator will hold office at the pleasure of the director.
[ 1981 c 1... |
19.110.900 | Chapter cumulative and nonexclusive. | The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[ 1981 c 155 s 19 .] |
19.110.910 | Short title. | This chapter may be known and cited as the Business Opportunity Fraud Act.
[ 1981 c 155 s 22 .] |
19.110.930 | Effective date—1981 c 155. | This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981.
[ 1981 c 155 s 25 .] |
19.112.005 | Purpose. | It is desired that there should be uniformity among the requirements of the several states. This chapter provides for the establishment of quality specifications for all liquid motor fuels, except aviation fuel, marine fuel, and liquefied petroleum gases, and establishes a sampling, testing, and enforcement program.
[ ... |
19.112.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas that is used alone or in combination with gasoline or other petroleum products for use as a fuel in self-propelled mot... |
19.112.020 | Administration of chapter—Standards—Testing laboratory. | (1) This chapter shall be administered by the director or his or her authorized agent. For the purpose of administering this chapter, for motor fuel except biodiesel fuel, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof, are adopted, together with applicable f... |
19.112.030 | Director's authority. | The director may: (1) Enforce and administer this chapter by inspections, analyses, and other appropriate actions; (2) Have access during normal business hours to all places where motor fuels are marketed for the purpose of examination, inspection, taking of samples, and investigation. If access is refused by the owner... |
19.112.040 | Motor fuel registration. | All motor fuel shall be registered by the name, brand, or trademark under which it will be sold at the terminal. Registration shall include: (1) The name and address of the person registering the motor fuel; (2) The antiknock index or cetane number, as appropriate, at which the motor fuel is to be marketed; (3) A certi... |
19.112.050 | Unlawful acts. | It is unlawful to: (1) Market motor fuels in any manner that may deceive or tend to deceive the purchaser as to the nature, price, quantity, and quality of a motor fuel; (2) Fail to register a motor fuel; (3) Submit incorrect, misleading, or false information regarding the registration of a motor fuel; (4) Hinder or ob... |
19.112.060 | Penalties. | (1)(a) Any person who knowingly violates any provision of this chapter or rules adopted under it is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or imprisonment for up to three hundred sixty-four days, or both. (b) The director shall assess a civil pena... |
19.112.070 | Injunctive relief. | The director may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter.
[ 1990 c 102 s 8 .] |
19.112.080 | Chapter in addition to chapter19.94RCW. | This chapter is in addition to any requirements under chapter 19.94 RCW.
[ 1990 c 102 s 9 .] |
19.112.090 | Air pollution reduction—Variances from ASTM. | The directors of the departments of ecology and agriculture may grant a variance from ASTM motor fuel specifications if necessary to produce lower emission motor fuels.
[ 1991 c 199 s 231 .]
Finding — 1991 c 199: See note following RCW 70A.15.1005 .
Effective dates — 1991 c 199: See RCW 70A.15.9003 . |
19.112.100 | Methyl tertiary-butyl ether. | Methyl tertiary-butyl ether may not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in the state of Washington after December 31, 2003. In no event may methyl tertiary-butyl ether be knowingly mixed in gasoline above fifteen one-hundredths of one percent by volume.
[ 2007 c 31... |
19.112.110 | Special fuel licensees—Required sales of biodiesel or renewable diesel fuel—Rules. | (1) Special fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least two percent of the total annual diesel fuel sold in Washington is biodiesel or renewable diesel fuel, following the earlier of: (a) November 30, 2008; or (... |
19.112.120 | Motor vehicle fuel licensees—Required sales of denatured ethanol—Rules—Limitation of section. | (1) By December 1, 2008, motor vehicle fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least two percent of total gasoline sold in Washington, measured on a quarterly basis, is denatured ethanol. (2) If the director of ec... |
19.112.130 | Information submitted under RCW19.112.110or19.112.120—Limitation on release. | The department of licensing shall not publicly release, unless pursuant to an order of a court of competent jurisdiction, information submitted as evidence as required by RCW 19.112.110 or 19.112.120 , except information disclosed in aggregate form that does not permit the identification of information related to indiv... |
19.112.140 | Standards for biodiesel fuel/fuel blended with biodiesel fuel—Rules. | (1) The director shall adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements, amendments, or revisions thereof, all or part of the standards set forth in the National Institute ... |
19.112.150 | Biofuels advisory committee. | The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of implementation, including the potential fo... |
19.112.160 | Governor's authority to suspend certain minimum renewable fuel content requirements. | The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in RCW 19.112.110 or 19.112.120 , or 43.19.642 , based on a determination that such requirements are temporarily technically or economically infeasible, or pose a significant risk to public safety.
[ 2006 c ... |
19.112.170 | Determination of the supply of certain fuels—Notification—Declaration concerning the applicability of RCW19.112.110or19.112.120. | (1) By November 30, 2008, the director shall determine whether the state's diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock. (2) By November 30, 2008, the director shall determine whether the state's gasoline fuel supply is comprised of at least twenty perce... |
19.112.180 | Goals under RCW19.112.170—Report—Executive request legislation. | (1) If either or both of the goals in RCW 19.112.170 are not achieved by November 30, 2008, the director shall monitor the state's diesel and gasoline fuel supply until such time as those goals, or either of them, is met. (2) The director shall report to the governor and the legislature regarding the goals in RCW 19.11... |
19.112.900 | Short title. | RCW 19.112.005 through 19.112.080 shall constitute a new chapter in Title 19 RCW and may be cited as the motor fuel quality act.
[ 1990 c 102 s 11 .] |
19.112.902 | Effective date—1990 c 102. | This act shall take effect on July 1, 1990.
[ 1990 c 102 s 12 .] |
19.112.903 | Effective date—2006 c 338. | This act takes effect July 1, 2006.
[ 2006 c 338 s 16 .] |
19.116.005 | Finding. | The legislature finds that the practices of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles have a substantial negative impact on the state's financial institutions and other businesses engaged in the financing and leasing of motor vehicles.
[ 1990 c 44 s 1 .] |
19.116.010 | Public interest—Finding. | The legislature finds that the practice of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1990 c 44 s 2 .] |
19.116.020 | Definitions. | The definitions set forth in this section apply throughout this chapter, unless the context requires otherwise: (1) "Debtor" has the meaning set forth in RCW 62A.9A-102 . (2) "Motor vehicle" means a vehicle required to be registered under chapter 46.16A RCW. (3) "Person" means an individual, company, firm, association,... |
19.116.030 | Application of consumer protection act. | Unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ ... |
19.116.040 | Violations of chapter. | (1) It is a violation of this chapter for a vehicle dealer, as defined in RCW 46.70.011 , to engage in the unlawful transfer of an ownership interest in motor vehicles. (2) It is a violation of this chapter for a person to engage in the unlawful subleasing of motor vehicles.
[ 2025 c 58 s 2009 ; 1990 c 44 s 5 .]
Explan... |
19.116.050 | Unlawful transfer of motor vehicle—Conditions. | A dealer engages in an act of unlawful transfer of ownership interest in motor vehicles when all of the following circumstances are met: (1) The dealer does not pay off any balance due to the secured party on a vehicle acquired by the dealer, no later than the close of the second business day after the acquisition date... |
19.116.060 | Unlawful subleasing of motor vehicle—Conditions. | A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met: (1) The motor vehicle is subject to a lease contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract or ... |
19.116.070 | Nonparties assisting, causing, or arranging unlawful assignment or transfer. | (1) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract or security agreement, and assists, causes, or arranges an actual or purported assignment as described in RCW 19.116.060 . (2) A dealer engages in an act of unlawful transfer of an ownership int... |
19.116.080 | Unlawful subleasing or transfer—Class C felony. | (1) Unlawful subleasing of a motor vehicle is a class C felony punishable under chapter 9A.20 RCW. (2) Unlawful transfer of an ownership interest in a motor vehicle is a class C felony punishable under chapter 9A.20 RCW.
[ 2003 c 53 s 157 ; 1990 c 44 s 9 .]
Intent — Effective date — 2003 c 53: See notes following RCW 2... |
19.116.090 | Violations—Criminal profiteering. | A violation of this chapter constitutes an act of criminal profiteering, as defined in RCW 9A.82.010 .
[ 1990 c 44 s 10 .] |
19.116.100 | Persons who may bring action—Damages. | (1) Any one or more of the following persons who suffers damage proximately resulting from one or more acts of unlawful motor vehicle subleasing or unlawful transfer of an ownership interest in a motor vehicle may bring an action against the person who has engaged in those acts: (a) A secured party; (b) A debtor; (c) A... |
19.116.110 | Transfer or assignment of interest by persons with motor vehicles under lease contract or security agreement not subject to prosecution—Enforceability of contract or agreement not affected. | (1) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract or security agreement, by an individual who is a party to the lease contract or security agreement is not an... |
19.116.120 | Penalties in addition to other remedies or penalties. | The penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter.
[ 1990 c 44 s 13 .] |
19.118.005 | Legislative intent. | The legislature recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication between a manufacturer and a new motor vehicle dealer wil... |
19.118.010 | Motor vehicle manufacturers—Express warranties—Service and repair facilities. | Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize... |
19.118.021 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means new motor vehicle arbitration board. (2) "Collateral charges" means any sales or lease related charges including but not limited to sales tax, use tax, arbitration service fees, unused license... |
19.118.031 | Manufacturers and new motor vehicle dealers—Responsibilities to consumers—Extension of eligibility period. | (1) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer or leasing company. The owner's manual shall include a list of the addresses and phone numbers for the manufacturer's customer assistance division, or zone or regional offices. A manufacturer shall provide to the new mot... |
19.118.041 | Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of attempts—Notice by consumer regarding motor home nonconformity—Liabilities and rights of parties—Application of consumer protection act. | (1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer's written request to the manufacturer's corporate,... |
19.118.061 | Vehicle with nonconformities or out of service—Notification of correction—Resale or transfer of title—Issuance of new title—Disclosure to buyer—Intervening transferor. | (1) A manufacturer is prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected. (2) Before any sale or transfer of a motor ... |
19.118.070 | Remedies. | The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law.
[ 1983 c 240 s 7 .] |
19.118.080 | New motor vehicle arbitration boards—Arbitration proceedings—Prerequisite to filing action in superior court. | (1) Except as provided in RCW 19.118.160 , the attorney general shall contract with one or more entities to conduct arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in this chapter, and each entity shall constitute a new motor vehicle arbitration board for purposes of ... |
19.118.090 | Request for arbitration—Eligibility—Manufacturer's response—Defenses—Remedies—Acceptance or appeal. | (1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer r... |
19.118.095 | Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys' fees. | (1) Compliance with an arbitration board decision under this chapter must be accomplished at a time, place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer. (a) The consumer shall make the motor vehicle available to the manufacturer free of damage other than that related to any... |
19.118.100 | Trial de novo—Posting security—Recovery. | (1) The consumer or the manufacturer may request a trial de novo of the arbitration decision, including a rejection, in superior court. (2) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review. (3) If the consumer pr... |
19.118.110 | Arbitration fee—New motor vehicle arbitration account—Report by attorney general. | If the new motor vehicle will be registered in the state of Washington, a three-dollar arbitration fee shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. The fee shall be forwarded to the department of licensing at the time o... |
19.118.120 | Application of consumer protection act. | The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or dec... |
19.118.130 | Waivers, limitations, disclaimers—Void. | Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in RCW 19.118.021 through 19.118.140 shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of such new motor vehicle.
[ 1987 c 344 s 11 .] |
19.118.140 | Other rights and remedies not precluded. | Nothing in this chapter limits the consumer from pursuing other rights or remedies under any other law.
[ 1987 c 344 s 12 .] |
19.118.150 | Informal dispute resolution settlement procedure. | If a manufacturer has established an informal dispute resolution settlement procedure which substantially complies with the applicable provision of Title 16, Code of Federal Regulations Part 703, as from time to time amended, a consumer may choose to first submit a dispute under this chapter to the informal dispute res... |
19.118.160 | Arbitration program—When established by attorney general. | If the attorney general is unable to contract with one or more entities to conduct arbitrations, the attorney general shall establish an arbitration program and conduct arbitrations under the procedures and standards established in this chapter.
[ 2009 c 351 s 9 ; 1989 c 347 s 9 ; 1987 c 344 s 15 .]
Application — 2009 ... |
19.118.170 | History of vehicle—Availability to owner. | Notwithstanding RCW 46.12.635 , the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the registered owner and receipt of a statement that he or she is investigating or pursuing rights under this chapter.
[ 2011 c 171 s 6 ; 1995 c 25... |
19.118.900 | Effective dates—1987 c 344. | (1) Section 9 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 1, 1987. (2) Sections 2 through 8, 10 through 12, and 14 through 16 of this act shall take effect January 1,... |
19.118.904 | Effective date—1989 c 347. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1989.
[ 1989 c 347 s 11 .] |
19.120.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communication media published in connection... |
19.120.020 | Sale of franchise to third party. | Notwithstanding the terms of any motor fuel franchise, a motor fuel refiner-supplier shall not absolutely prohibit or unreasonably withhold its consent to any sale, assignment, or other transfer of the motor fuel franchise by a motor fuel retailer to a third party without fairly compensating the motor fuel retailer for... |
19.120.030 | Sale of franchise to corporation. | Notwithstanding the terms of any motor fuel franchise, no motor fuel refiner-supplier may prohibit or prevent the sale, assignment, or other transfer of the motor fuel franchise to a corporation in which the motor fuel retailer has and maintains a controlling interest if the motor fuel retailer offers in writing person... |
19.120.040 | Franchise considered personal property—Designated successor in interest. | Notwithstanding the terms of any motor fuel franchise, the interest of a motor fuel retailer under such an agreement shall be considered personal property and shall devolve on the death of the motor fuel retailer to a designated successor in interest of the retailer, limited to the retailer's spouse, adult child, or ad... |
19.120.050 | Purchase of real estate and improvements owned by refiner-supplier—Retailer given right of first refusal—Notice to retailer. | Notwithstanding the terms of any motor fuel franchise, the motor fuel retailer shall be given the right of first refusal to purchase the real estate and/or improvements owned by the refiner-supplier at the franchise location, and at least thirty days' advance notice within which to exercise this right, prior to any sal... |
19.120.060 | Refiner-suppliers—Prohibited conduct. | Notwithstanding the terms of any motor fuel franchise, no motor fuel refiner-supplier may: (1) Require any motor fuel retailer to meet mandatory minimum sales volume requirements for fuel or other products unless the refiner-supplier proves that its price to the motor fuel retailer has been sufficiently low to enable t... |
19.120.070 | Offers, sales, or purchases of franchises—Unlawful acts. | It is unlawful for any person in connection with the offer, sale, or purchase of any motor fuel franchise directly or indirectly: (1) To sell or offer to sell a motor fuel franchise in this state by means of any written or oral communication which includes an untrue statement of a material fact or omits to state a mate... |
19.120.080 | Refiner-supplier and retailer relationship—Rights and prohibitions. | Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the motor fuel refiner-supplier and the motor fuel retailers: (1) The parties shall deal with each other in good faith. (2) For the purposes of this chapter and without limiting its ge... |
19.120.090 | Action for damages, rescission, or other relief. | (1) Any person who sells or offers to sell a motor fuel franchise in violation of this chapter shall be liable to the motor fuel retailer or motor fuel refiner-supplier who may sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem appropriate. In the case of a violation... |
19.120.100 | Limitation period tolled. | The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, or any federal or state act related to anti-trust laws or to franchising, or under this chapter... |
19.120.110 | Civil actions by retailers—Attorneys' fees. | Any motor fuel retailer who is injured in his or her business by the commission of any act prohibited by this chapter, or any motor fuel retailer injured because of his or her refusal to accede to a proposal for an arrangement which, if consumated, would be in violation of this chapter may bring a civil action in super... |
19.120.120 | Civil actions by attorney general—Attorneys' fees—Criminal actions not limited by chapter. | (1) The attorney general may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. The prevailing party may in the discretion of the court recover the costs of such action including a reasonable attorneys' fee. (2) Nothing ... |
19.120.130 | Exception or exemption—Burden of proof—Waiver of provisions of chapter void. | In any proceeding under this chapter, the burden of proving an exception or an exemption from definition is upon the person claiming it. Any condition, stipulation or provision purporting to bind any person acquiring a motor fuel franchise at the time of entering into a motor fuel franchise or other agreement to waive ... |
19.120.900 | Short title. | This chapter shall be known as the "gasoline dealer bill of rights act."
[ 1986 c 320 s 19 .] |
19.120.901 | Application of chapter. | The provisions of this chapter apply to any motor fuel franchise or contract entered into or renewed on or after June 30, 1986, between a motor fuel refiner-supplier and a motor fuel retailer.
[ 1986 c 320 s 15 .] |
19.120.902 | Intent—Interpretation consistent with chapter19.100RCW. | It is the intent of the legislature that this chapter be interpreted consistent with chapter 19.100 RCW.
[ 1986 c 320 s 17 .] |
19.120.903 | Liberal construction. | This chapter shall be liberally construed to effectuate its beneficial purposes.
[ 1986 c 320 s 18 .] |
19.120.905 | Effective date—1986 c 320. | (1) Sections 20 and 21 are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect immediately. (2) Sections 1 through 19, 22 and 23 of this act shall take effect June 30, 1986.
[ 1986 c 320 s 24 .] |
19.120.906 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
19.122.010 | Intent. | In this chapter, the underground utility damage prevention act, the legislature intends to protect public health and safety and prevent disruption of vital utility services through a comprehensive damage prevention program that includes: (1) Assigning responsibility for providing notice of proposed excavation, free loc... |
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