1. (a) After April 19, 1977, no producer, refiner, or manufacturer of motor fuels as the terms are defined in § 36-301(6A), (9), and (12), shall open a retail service station in the District of Columbia, irrespective of whether or not the retail service station will be operated under a trademark owned, leased, or otherwise controlled by the producer, refiner, or manufacturer, unless the retail service station is to be operated by a person or entity other than.

   1. (1) An employee, servant, commissioned agent, or subsidiary of the producer, refiner, or manufacturer; or
   2. (2) A person or entity who operates or manages the retail service station under a contract with the producer, refiner, or manufacturer which provides for a fee arrangement.
2. (b) After January 1, 1981, no producer, refiner, or manufacturer of motor fuels, as the terms are defined in § 36-301.01(6A), (9), and (12), shall operate a retail service station in the District of Columbia, irrespective of whether or not the retail service station will be operated under a trademark owned, leased, or otherwise controlled by the producer, refiner, or manufacturer; with employees, servants, commissioned agents, or subsidiaries of the producer, refiner, or manufacturer; or with a person or entity who operates or manages the retail service station under a contract with the producer, refiner, or manufacturer which provides for a fee arrangement; provided, that any entity, which, as of October 9, 1979, operates a retail service station in the District of Columbia, and of which a producer, refiner, or manufacturer, as defined in § 36-301.01(6A) and (12), only has no more than 49% voting control, may continue to operate the station after January 1, 1981, so long as no producer, refiner or manufacturer, as defined in § 36-301.01(6A) and (12), only has more than 49% voting control of the entity.
3. (c) Repealed.
4. (d) Not Funded.

History

Apr. 19, 1977, D.C. Law 1-123, § 3-102, 24 DCR 2371

Dec. 29, 1979, D.C. Law 3-44, § 2(a), 26 DCR 2093

Apr. 8, 2005, D.C. Law 15-297, § 2(b), 52 DCR 1485

Jan. 29, 2008, D.C. Law 17-80, § 2(a), 54 DCR 11883

Mar. 7, 2025, D.C. Law 25-262, § 6

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Retail Service Station Clarification Emergency Act of 2007 (D.C. Act 17-21, March 22, 2007, 54 DCR 2782).

Temporary Legislation

Section 4(a) of D.C. Law 17-6 provided that the act shall expire after 225 days of its having taken effect.

“(c) Any jobber in violation of subsections (a) or (b) of this subsection as of April 8, 2005, shall come into compliance by January 1, 2008.”

Section 2 of D.C. Law 17-6 amended subsec. (c) to read as follows:

Effect of Amendments

D.C. Law 17-80, in subsecs. (a) and (b), deleted “jobbers,” preceding “producer”; and repealed subsec. (c) which had read as follows: “(c) Any jobber in violation of subsections (a) or (b) of this subsection as of April 8, 2005, shall have 2 years following April 8, 2005, to come into compliance.”

“(b) After January 1, 1981, no producer, refiner, or manufacturer of motor fuels as the terms are defined in § 36-301.01(10) and (12) shall operate a retail service station in the District of Columbia, irrespective of whether or not such retail service station will be operated under a trademark owned, leased, or otherwise controlled by such producer, refiner, or manufacturer, with employees, servants, commissioned agents, or subsidiaries of such producer, refiner, or manufacturer or with a person or entity who operates or manages such retail service station under a contract with such producer, refiner, or manufacturer which provides for a fee arrangement. However, any entity, which as of October 9, 1979, operates a retail service station in the District of Columbia, and of which a producer, refiner, or manufacturer as defined in § 36-301.01(12) only has no more than 49 per centum voting control, may continue to operate such station after January 1, 1981, so long as no producer, refiner or manufacturer as defined in § 36-301.01(12) only has more than 49 per centum voting control of the entity.”

“(a) After April 19, 1977, no producer, refiner, or manufacturer of motor fuels as the terms are defined in § 36-301.01(10) and (12) shall open a retail service station in the District of Columbia, irrespective of whether or not such retail service station will be operated under a trademark owned, leased, or otherwise controlled by such producer, refiner, or manufacturer, unless such retail service station is to be operated by a person or entity other than either an employee, servant, commissioned agent or subsidiary of such producer, refiner, or manufacturer or a person or entity who operates or manages such retail service station under a contract with such producer, refiner, or manufacturer which provides for a fee arrangement.

D.C. Law 15-297 rewrote the section which had read:

Prior Codifications

1973 Ed., § 10-212.

1981 Ed., § 10-212.

Section References

This section is referenced in § 36-302.04.

Applicability

Applicability of D.C. Law 25-262: § 7 of D.C. Law 25-262 provided that the creation of this section by § 6 of D.C. Law 25-262 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.