The following are exempt from this chapter:

(1) Any franchise relationship covered by the Petroleum Marketing Practices Act, 15 U.S.C. § 2801, as of January 1, 2008;

Terms Used In South Dakota Codified Laws 37-5B-12

  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) Any franchise relationship where there is no written document that describes any material term or aspect of the relationship or arrangement;

(3) Any fractional franchise;

(4) Any leased department;

(5) The total of the required payments, or commitments to make a required payment, to the franchisor or an affiliate that are made any time from before to within six months after commencing operation of the franchisee’s business is less than five hundred dollars;

(6) Any franchise relationship covering farm machinery, motor vehicles, or recreational vehicles, including snowmobiles, motorcycles, motor homes, mobile homes, and manufactured homes.

Source: SL 2008, ch 203, § 12.