Missouri Laws 416.605 – Definitions
As used in sections 416.600 to 416.640, the following words and phrases mean:
(1) “Affiliate”, any person who, other than by means of franchise, is controlled by, or is under common control with, any other person, whether through stock ownership or otherwise;
Terms Used In Missouri Laws 416.605
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) “Cost”, is the sum of:
(a) a. If the motor fuel is not purchased from an affiliate, the lowest invoice cost that the seller charged to the purchaser for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser, less trade discounts, allowances or rebates which the purchaser receives on the particular invoice or transfer; or
b. If motor fuel is purchased or received from an affiliate, the lowest transfer price that the affiliate charged to the purchaser or receiver for motor fuel of like grade and quality within three days prior to the date of any alleged unlawful resale by the purchaser or receiver, less trade discounts, allowances, or rebates which the purchaser receives on the particular invoice or transfer; plus
(b) The cost of doing business; plus
(c) Freight charges and all applicable federal, state and local taxes not already included in the invoice cost or transfer price;
(3) “Cost of doing business”, all costs incurred in the operation of the business for fair market rental value, licenses, taxes, utilities, insurance and nonmanagerial labor;
(4) “Motor fuel”, gasoline, diesel fuel, gasohol and all other fuels of a type designated for use as a motor fuel in self-propelled vehicles designated primarily for use on public streets, roads and highways;
(5) “Person”, any individual, firm, partnership, corporation, association or other entity;
(6) “Retailer”, any person engaged in the sale of motor fuel to the public at retail;
(7) “Retail sale”, any sale of motor fuel to the public for consumption;
(8) “Sale”, any transfer, gift, sale, offer for sale, or advertisement for sale in any manner or by any means, including any transfer of motor fuel by a person to himself or his affiliate;
(9) “Sell”, any act of making a sale or offer for sale;
(10) “Transfer price”, the price used by a person in transferring motor fuel to itself or an affiliate for resale at another marketing level.