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RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA PETROLEUM PRODUCTS FRANCHISE ACT (REPEALED)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 (Repealed.)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 (Repealed.)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.