Terms Used In Rhode Island General Laws > Chapter 5-55 - Motor Fuel Distribution and Sales

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural land: means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. See Rhode Island General Laws 45-22.2-4
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Capital improvements: means improvements with a useful life of ten (10) years or more, which increases or improves the service capacity of a public facility;

  (2)  "Capital improvement program" means that component of a municipal budget that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. See Rhode Island General Laws 45-22.4-3

• Chief: means the highest-ranking administrative officer of the division of planning as established by §? 42-11-10(g). See Rhode Island General Laws 45-22.2-4
• Coastal features: means any coastal beach, barrier island or spit, coastal wetland, coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by the coastal resources management program, and as may be amended. See Rhode Island General Laws 45-22.2-4
• commission: means the body established by a municipality under chapter 22 of this title or combination of municipalities which has the responsibility to prepare a comprehensive plan and make recommendations concerning that plan to the municipal legislative body. See Rhode Island General Laws 45-22.2-4
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• comprehensive land use plan: means a document containing the components described in this chapter, including the implementation program which is consistent with the goals and guidelines established by this chapter. See Rhode Island General Laws 45-22.2-4
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Days: means calendar days. See Rhode Island General Laws 45-22.2-4
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Deposit in advance: means any deposit, regardless of its purported purpose, that is received by a distributor or refiner from a retail dealer or distributor as a breakage, security, or other similar deposit. See Rhode Island General Laws 5-55-3
• Distributor: means any person engaged in the sale, consignment, or distribution of petroleum products to wholesale or retail outlets, whether or not that person owns, leases, or in any way controls those outlets. See Rhode Island General Laws 5-55-3
• Division of planning: means the office established as a division of the department of administration by §? 42-11-10(g). See Rhode Island General Laws 45-22.2-4
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Franchise agreement: means any written or oral agreement, for a definite or indefinite period, between a refiner and a retail dealer or between a distributor and a retail dealer or between a refiner and a distributor under which:

  (i)  A retail dealer or a distributor promises to sell or distribute the product or products of the refiner;

  (ii)  A retail dealer or a distributor is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by a refiner; or

  (iii)  A retail dealer or a distributor is granted the right to occupy premises owned, leased, or controlled by a refiner or distributor. See Rhode Island General Laws 5-55-3

• Franchisee: means either a distributor who or that has entered into a franchise agreement with a refiner, or a retail dealer who has entered into a franchise agreement with a distributor or a refiner. See Rhode Island General Laws 5-55-3
• Franchisor: means either a refiner who or that enters into a franchise agreement with a distributor or retail dealer, or a distributor who enters into a franchise agreement with a retail dealer. See Rhode Island General Laws 5-55-3
• Goals: means those goals stated in Rhode Island General Laws 45-22.2-4
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: means real property including improvements and fixtures on, above, or below the surface. See Rhode Island General Laws 45-22.2-4
• land capacity: means the suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. See Rhode Island General Laws 45-22.2-4
• Land use regulation: means a rule or statute of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for these uses. See Rhode Island General Laws 45-22.2-4
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Maintain: means to evaluate regularly and revise as needed or required in order to ensure that a comprehensive plan remains consistent with the goals and guidelines established by this chapter. See Rhode Island General Laws 45-22.2-4
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal legislative body: means the town council in a town or the city council in a city; or that part of a municipal government that exercises legislative powers under a statute or charter. See Rhode Island General Laws 45-22.2-4
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Open space: means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land. See Rhode Island General Laws 45-22.2-4
• 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: means any natural person, corporation, partnership, trust, or other entity, and, in the case of any entity, the term also includes any other entity that has a majority interest in the entity or effectively controls the entity, the officers, directors, and other persons in active control of each entity. See Rhode Island General Laws 5-55-3
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Place of business: means :

  (i)  Any fixed geographical location at which, pursuant to a franchise agreement, motor fuels are sold or distributed or a trademark, trade name, service mark, or other identifying symbol is used or displayed; or

  (ii)  Any premises owned, leased, or controlled by a refiner or distributor, in which a retail dealer or a distributor is granted the right of occupancy pursuant to a franchise agreement. See Rhode Island General Laws 5-55-3

• Quorum: The number of legislators that must be present to do business.
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Refiner: means any person engaged in the refining or importing of petroleum products. See Rhode Island General Laws 5-55-3
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Retail dealer: means any person who operates a service station, filling station, store, garage, or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine. See Rhode Island General Laws 5-55-3
• State guide plan: means goals, policies, and plans or plan elements for the physical, economic, and social development of the state, adopted by the state planning council in accordance with § 42-11-10. See Rhode Island General Laws 45-22.2-4
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Zoning: means the reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements. See Rhode Island General Laws 45-22.2-4