§ 1241 Short title
§ 1242 Definitions
§ 1243 Prohibited acts
§ 1243-A Unlawful sale of new personal sports mobile
§ 1244 Limitations on establishing or relocating dealerships
§ 1245 Transportation damages
§ 1246 Survivorship
§ 1247 Delivery and preparation obligations; product liability and implied warranty complaints
§ 1248 Warranty
§ 1249 Unreasonable restrictions
§ 1250 Covered under written or oral agreements
§ 1250-A Franchise interest; vested rights
§ 1250-B Franchisee’s right to associate
§ 1250-C Discounts and other inducements
§ 1250-D Public policy
§ 1250-E Advertisements
§ 1250-F Civil remedies
§ 1250-G Statute of limitation
§ 1250-H Construction
§ 1250-I Jurisdiction

Terms Used In Maine Revised Statutes > Title 10 > Part 3 > Chapter 206-B - Personal Sports Mobile Manufacturers, Distributors and Dealers

  • Adjusted gross sports wagering receipts: means an operator's gross receipts from sports wagering less the total of all winnings paid to patrons, which includes the cash equivalent of any merchandise or thing of value awarded as a prize, and less excise tax payments remitted to the Federal Government. See Maine Revised Statutes Title 8 Sec. 1202
  • Amusement owner: means a person, the State or a political subdivision of the State that owns an amusement ride or, if the amusement ride is leased, the lessee. See Maine Revised Statutes Title 8 Sec. 802
  • Amusement ride: means :
A. See Maine Revised Statutes Title 8 Sec. 802
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beginner fantasy contestant: means an individual who has entered fewer than 51 fantasy contests offered by a single fantasy contest operator. See Maine Revised Statutes Title 8 Sec. 1101
  • Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
  • Collegiate sports or athletic event: means a sports or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers postsecondary educational services. See Maine Revised Statutes Title 8 Sec. 1202
  • Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
  • Commissioner: means the Commissioner of Public Safety. See Maine Revised Statutes Title 8 Sec. 1202
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 1202
  • Designated family member: means the spouse, child, grandchild, parent or sibling of the owner of a new personal sports mobile dealership who in the case of the owner's death is entitled to inherit the ownership interest in the new personal sports mobile dealership under the terms of the owner's will or who in the case of an incapacitated owner of a new personal sports mobile dealership has been appointed by a court as the legal representative of the new personal sports mobile dealer's property. See Maine Revised Statutes Title 10 Sec. 1242
  • Director: means the director of the Gambling Control Unit within the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 1101
  • Director: means the director of the Gambling Control Unit within the department. See Maine Revised Statutes Title 8 Sec. 1202
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distributor branch: means a branch office maintained by a distributor or wholesaler that sells or distributes new or used personal sports mobiles to personal sports mobile dealers. See Maine Revised Statutes Title 10 Sec. 1242
  • Distributor representative: means a representative employed by a distributor branch, distributor or wholesaler. See Maine Revised Statutes Title 10 Sec. 1242
  • Entry fee: means cash or a cash equivalent that is required to be paid by a fantasy contestant to a fantasy contest operator in order to participate in a fantasy contest. See Maine Revised Statutes Title 8 Sec. 1101
  • 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.
  • Facility operator: means a facility sports wagering licensee under subsection 7, paragraph A. See Maine Revised Statutes Title 8 Sec. 1202
  • Factory branch: means a branch maintained by a manufacturer that manufactures or assembles personal sports mobiles for sale to distributors or personal sports mobile dealers or that is maintained for directing and supervising the representatives of the manufacturer. See Maine Revised Statutes Title 10 Sec. 1242
  • Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of personal sports mobiles or for contracting with, supervising, servicing or instructing personal sports mobile dealers or prospective personal sports mobile dealers. See Maine Revised Statutes Title 10 Sec. 1242
  • Fantasy contest: means a simulated game or contest in which:
  • A. See Maine Revised Statutes Title 8 Sec. 1101
  • Fantasy contest operator: means a person that offers a platform for the playing of fantasy contests and that administers a fantasy contest for which a prize of value is awarded. See Maine Revised Statutes Title 8 Sec. 1101
  • Fantasy contestant: means an individual who participates in a fantasy contest offered by a fantasy contest operator. See Maine Revised Statutes Title 8 Sec. 1101
  • Franchisee: means a personal sports mobile dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1242
  • Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a personal sports mobile dealer. See Maine Revised Statutes Title 10 Sec. 1242
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade. See Maine Revised Statutes Title 10 Sec. 1242
  • Gross fantasy contest revenues: means the amount determined by subtracting the total of all sums paid out by a fantasy contest operator as cash prizes to all fantasy contestants from the total of all entry fees that the fantasy contest operator collects from all fantasy contestants and multiplying the result by the resident percentage. See Maine Revised Statutes Title 8 Sec. 1101
  • Highly experienced fantasy contestant: means a fantasy contestant who has:
  • A. See Maine Revised Statutes Title 8 Sec. 1101
  • License: means any license applied for or issued by the director under this chapter, including, but not limited to:
  • A. See Maine Revised Statutes Title 8 Sec. 1202
  • manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "wholesaler" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1242
  • Mobile operator: means a mobile sports wagering licensee under subsection 7, paragraph B. See Maine Revised Statutes Title 8 Sec. 1202
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • New personal sports mobile: means a personal sports mobile that has not been sold previously to any person except a distributor or wholesaler or personal sports mobile dealer for resale. See Maine Revised Statutes Title 10 Sec. 1242
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • Operator: includes a facility operator and a mobile operator. See Maine Revised Statutes Title 8 Sec. 1202
  • Parent or guardian: means each parent, custodian or guardian responsible for the control, safety, training or education of a minor rider. See Maine Revised Statutes Title 8 Sec. 802
  • person: includes any other entity in which the person has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1242
  • Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
  • Personal sports mobile dealer: means any person who sells or solicits or advertises the sale of new or used personal sports mobiles. See Maine Revised Statutes Title 10 Sec. 1242
  • Platform: means an online or electronic method by which access to a fantasy contest is provided, including, but not limited to, a website, personal digital device, such as a device commonly known as a smartphone, or other application providing access to a fantasy contest. See Maine Revised Statutes Title 8 Sec. 1101
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional sports or athletic event: means an event at which 2 or more persons participate in sports or athletic contests and receive compensation in excess of actual expenses for their participation in the event. See Maine Revised Statutes Title 8 Sec. 1202
  • Prohibited sports event: means a high school sports or athletic event, any other event in which a majority of the participants are under 18 years of age or a collegiate sports or athletic event in which any Maine collegiate sports team participates, regardless of where the event takes place. See Maine Revised Statutes Title 8 Sec. 1202
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Resident percentage: means , for each fantasy contest, the percentage, rounded to the nearest tenth of a percent, obtained by dividing the total amount of entry fees collected from fantasy contestants located in the State by the total amount of entry fees collected from all fantasy contestants. See Maine Revised Statutes Title 8 Sec. 1101
  • Rider: means any person who is:
  • A. See Maine Revised Statutes Title 8 Sec. 802
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation or mortgage in any form, whether by transfer in trust or otherwise, of any personal sports mobile or interest in a personal sports mobile or of any franchise related to a personal sports mobile; and any option, subscription or other contract or solicitation looking to a sale, or any offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1242
  • School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sign: means any symbol or language reasonably calculated to communicate information to riders or their parents or guardians, including placards, prerecorded messages, live public address, stickers, pictures, pictograms, video, verbal information and visual signals. See Maine Revised Statutes Title 8 Sec. 802
  • Special school district: means a school district created by private and special law for the purpose of constructing or adding to school buildings, but which does not have the authority or responsibility for operating public schools. See Maine Revised Statutes Title 20-A Sec. 1
  • Sports event: means any professional sports or athletic event, collegiate sports or athletic event or amateur sports or athletic event, including but not limited to an Olympic or international sports or athletic event, a motor vehicle race or an electronic sports event, commonly referred to as "e-sports. See Maine Revised Statutes Title 8 Sec. 1202
  • Sports governing body: means an organization that is headquartered in the United States and prescribes final rules and enforces codes of conduct with respect to a sports event and participants in the sports event. See Maine Revised Statutes Title 8 Sec. 1202
  • Sports wagering: means the business of accepting wagers on sports events or portions of sports events, the individual performance statistics of athletes in a sports event or a combination of any of the same by any system or method of wagering approved by the director, including, but not limited to, in person on the property of a facility operator or via a mobile operator's mobile applications and digital platforms that use communications technology to accept wagers. See Maine Revised Statutes Title 8 Sec. 1202
  • State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Wager: means a sum of money or thing of value risked on an uncertain occurrence. See Maine Revised Statutes Title 8 Sec. 1202
  • wholesaler: means any person that sells or distributes new or used personal sports mobiles to personal sports mobile dealers or that maintains distributor representatives within this State. See Maine Revised Statutes Title 10 Sec. 1242