416.605. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

416.605. As used in sections 416.600 to 416.640, thefollowing words and phrases mean:

(1) "Affiliate", any person who, other than by means offranchise, is controlled by, or is under common control with, anyother person, whether through stock ownership or otherwise;

(2) "Cost", is the sum of:

(a) a. If the motor fuel is not purchased from anaffiliate, the lowest invoice cost that the seller charged to thepurchaser for motor fuel of like grade and quality within threedays prior to the date of any alleged unlawful resale by thepurchaser, less trade discounts, allowances or rebates which thepurchaser receives on the particular invoice or transfer; or

b. If motor fuel is purchased or received from anaffiliate, the lowest transfer price that the affiliate chargedto the purchaser or receiver for motor fuel of like grade andquality within three days prior to the date of any allegedunlawful resale by the purchaser or receiver, less tradediscounts, allowances, or rebates which the purchaser receives onthe particular invoice or transfer; plus

(b) The cost of doing business; plus

(c) Freight charges and all applicable federal, state andlocal taxes not already included in the invoice cost or transferprice;

(3) "Cost of doing business", all costs incurred in theoperation of the business for fair market rental value, licenses,taxes, utilities, insurance and nonmanagerial labor;

(4) "Motor fuel", gasoline, diesel fuel, gasohol and allother fuels of a type designated for use as a motor fuel inself-propelled vehicles designated primarily for use on publicstreets, roads and highways;

(5) "Person", any individual, firm, partnership,corporation, association or other entity;

(6) "Retailer", any person engaged in the sale of motorfuel to the public at retail;

(7) "Retail sale", any sale of motor fuel to the public forconsumption;

(8) "Sale", any transfer, gift, sale, offer for sale, oradvertisement for sale in any manner or by any means, includingany transfer of motor fuel by a person to himself or hisaffiliate;

(9) "Sell", any act of making a sale or offer for sale;

(10) "Transfer price", the price used by a person intransferring motor fuel to itself or an affiliate for resale atanother marketing level.