§ 75-81. Definitions. - North Carolina Statutes

§75‑81.  Definitions.

The following terms shall havethe meanings ascribed to them in this section unless otherwise stated andunless the context or subject matter clearly indicates otherwise:

(1)        "Person"shall mean any person, firm, association, organization, partnership, businesstrust, joint stock company, company, corporation or legal entity.

(2)        "Sale"shall mean selling, offering for sale or advertising for sale.

(3)        "MotorFuel" means motor fuel, as defined in G.S. 105‑449.60, andalternative fuel, as defined in G.S. 105‑449.130.

(4)        "Cost" or"Costs" shall mean as follows:

a.         For a refiner orterminal supplier, costs shall be presumed to be the refiner's or terminalsupplier's prevailing price to the wholesale class of trade at the terminalused by the refiner or terminal supplier to obtain the motor fuel in questionor the lowest prevailing price within 10 days prior to a sale alleged to be inviolation of G.S. 75‑82 hereof plus all transportation expenses includingfreight expenses (incurred and not otherwise included in the cost of the motorfuel), and motor fuel taxes. If a refiner or terminal supplier does notregularly sell to the wholesale class of trade at the terminal in question,then such refiner or terminal supplier shall use as the prevailing price either(i) the lowest price to the wholesale class of trade of those other refiners orterminal suppliers at the same terminal who regularly sell to the wholesalerclass or (ii) a price determined by using standard functional accounting procedures.

b.         For all othersellers, cost includes the invoice or replacement cost, whichever is less, ofthe grade, brand or blend, of motor fuel within 10 days prior to the date ofsale, in the quantity or quantities last purchased, less all rebates and discountsreceived including prompt payment discounts and plus all applicable State,federal and local taxes, and transportation expenses including freightexpenses, incurred and not otherwise included in the cost of the motor fuel.

(5)        "Prompt PaymentDiscounts" shall mean any allowance for payment within a specified time,but shall not include discounts for cash made to the motoring public at motorfuel outlets.

(6)        "Affiliate"shall mean any person who (other than by means of a franchise) controls, iscontrolled by or is under common control with, any other person.

(7)        "Motor FuelMerchant" is any person selling motor fuel to the public.

(8)        "Motor FuelOutlet" is any retail facility selling motor fuel to the motoring public.

(9)        "New RetailOutlet" shall mean a new retail facility constructed from the ground or anexisting retail facility that is offering motor fuel to the motoring public forthe first time.

(10)      "Refiner"shall mean any person engaged in the production or refining of motor fuel,whether such production or refining occurs in this State or elsewhere, andincludes any affiliate of such person or firm.

(11)      "TerminalSupplier" shall mean any person engaged in selling or brokering motor fuelto wholesalers or retailers from a storage facility of more than 2,000,000gallons capacity and such person has an ownership interest in or control of thestorage facility. (1985 (Reg. Sess., 1986), c. 972, s. 1; 1991 (Reg.Sess., 1992), c. 1007, s. 36; 1995, c. 390, s. 12; 1997‑456, s. 27.)