Code of the District of Columbia

§ 36–302.02. Restrictions on operation.

(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) An employee, servant, commissioned agent, or subsidiary of the producer, refiner, or manufacturer; or

(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.

(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.

(c) Repealed.


(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.)

Prior Codifications

1981 Ed., § 10-212.

1973 Ed., § 10-212.

Section References

This section is referenced in § 36-302.04.

Effect of Amendments

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

“(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.

“(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.”

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.”

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

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