§ 13.1-557 Short title
§ 13.1-558 Policy of the Commonwealth
§ 13.1-559 Definitions; applicability of chapter
§ 13.1-560 Registration required
§ 13.1-561 Procedure for registration; bond; renewal; fee
§ 13.1-561.1 Fees to cover expense of regulation
§ 13.1-562 Revocation of or refusal to renew registration
§ 13.1-563 Unlawful offers
§ 13.1-564 Unlawful cancellation of franchise; undue influence
§ 13.1-565 Voidable franchises
§ 13.1-566 Service of process on nonresident franchisor
§ 13.1-567 Investigations; confidentiality of information and documents
§ 13.1-568 Injunctions
§ 13.1-569 Crimes
§ 13.1-569.1 Commission may transmit record or complaint to locality where violation occurred
§ 13.1-570 Violations punishable by Commission
§ 13.1-571 Civil remedies
§ 13.1-572 Rules and forms
§ 13.1-573 Certain records of Commission available to public; admissibility of copies; destruction
§ 13.1-574 Effective date

Terms Used In Virginia Code > Title 13.1 > Chapter 8 - Retail Franchising Act

  • Adequate space: means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. See Virginia Code 3.2-6500
  • Adoption: means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual. See Virginia Code 3.2-6500
  • Agricultural animals: means all livestock and poultry. See Virginia Code 3.2-6500
  • 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.
  • Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
  • Animal control officer: means a person appointed as an animal control officer or deputy animal control officer as provided in § 3. See Virginia Code 3.2-6500
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • broker: means a person that, for compensation or the expectation of compensation, obtains or offers to obtain sales-based financing from a provider for a recipient. See Virginia Code 6.2-2228
  • care: means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. See Virginia Code 3.2-6500
  • Collar: means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. See Virginia Code 3.2-6500
  • Commission: means the State Corporation Commission. See Virginia Code 13.1-559
  • Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
  • Companion animal: means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. See Virginia Code 3.2-6500
  • Controlling person: means a natural person who is an officer, director, or partner, or who occupies a similar status or performs a similar function, of a franchisor organized as a corporation, partnership, or other entity, or any person who possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of a franchisor, whether through the ownership of voting securities, by contract, or otherwise. See Virginia Code 13.1-559
  • Conviction: A judgement of guilt against a criminal defendant.
  • Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
  • Direct and immediate threat: means any clear and imminent danger to an animal's health, safety or life. See Virginia Code 3.2-6500
  • Docket: A log containing brief entries of court proceedings.
  • Enclosure: means a structure used to house or restrict animals from running at large. See Virginia Code 3.2-6500
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Euthanasia: means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness. See Virginia Code 3.2-6500
  • exercise: means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. See Virginia Code 3.2-6500
  • Facility: means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept. See Virginia Code 3.2-6500
  • Financial institution: means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union. See Virginia Code 6.2-100
  • Foster care provider: means a person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization. See Virginia Code 3.2-6500
  • Foster home: means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals. See Virginia Code 3.2-6500
  • Franchise: means a written contract or agreement between two or more persons, by which:

    1. See Virginia Code 13.1-559

  • Franchisee: means a person to whom a franchise is granted or sold. See Virginia Code 13.1-559
  • Franchisor: means a person, including a subfranchisor, who grants or sells, or offers to grant or sell, a franchise. See Virginia Code 13.1-559
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Humane: means any action taken in consideration of and with the intent to provide for the animal's health and well-being. See Virginia Code 3.2-6500
  • Humane society: means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals. See Virginia Code 3.2-6500
  • Incorporated: means organized and maintained as a legal entity in the Commonwealth. See Virginia Code 3.2-6500
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest: means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, service charges, and renewal charges, and any ancillary product sold in connection with a loan, but does not include the monthly maintenance fees, deposit item return fees, late charges, or reasonable costs of repossession and sale authorized under § 6. See Virginia Code 6.2-2200
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Kennel: means any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. See Virginia Code 3.2-6500
  • Law-enforcement officer: means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. See Virginia Code 3.2-6500
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-2200
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Livestock: includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in § 3. See Virginia Code 3.2-6500
  • loan agreement: means a written document that sets out the terms and conditions under which a licensee agrees to make a motor vehicle title loan to a borrower, and the borrower agrees to give to the licensee a security interest in a motor vehicle owned by the borrower to secure repayment of the motor vehicle title loan and performance of the other obligations under the loan agreement. See Virginia Code 6.2-2200
  • Loan amount: means the principal amount of a loan exclusive of fees or charges. See Virginia Code 6.2-2200
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Motor vehicle: means an automobile, motorcycle, mobile home, truck, van, or other vehicle operated on public highways and streets. See Virginia Code 6.2-2200
  • 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.
  • offer to sell: includes every attempt to offer to dispose of or grant, and every solicitation of an offer to buy, a franchise or an interest in a franchise for value. See Virginia Code 13.1-559
  • Ordinance: means any law, rule, regulation, or ordinance adopted by the governing body of any locality. See Virginia Code 3.2-6500
  • Owner: means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. See Virginia Code 3.2-6500
  • Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, or other legal or commercial entity. See Virginia Code 6.2-2200
  • Place of business: means a building or portion thereof from which the goods or services authorized by the franchise are sold or offered for sale in person by the franchisee or employees or agents of the franchisee, or a truck or van used in the sale of such goods which is of a type designated by the franchisor and is equipped and marked in conformance with requirements of the franchisor. See Virginia Code 13.1-559
  • Poultry: includes all domestic fowl and game birds raised in captivity. See Virginia Code 3.2-6500
  • Preopening obligations: means the franchisor's obligations to provide to the franchisee, prior to the opening of the franchisee's business, real estate, improvements, equipment, inventory, training, or other items to be included in the offering. See Virginia Code 13.1-559
  • Principal: means any person who, directly or indirectly, owns or controls (i) 10 percent or more of the outstanding stock of a stock corporation or (ii) a 10 percent or greater interest in any other type of entity. See Virginia Code 6.2-2200
  • Private animal shelter: means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other similar organization. See Virginia Code 3.2-6500
  • provider: means a person that extends a specific offer of sales-based financing to a recipient. See Virginia Code 6.2-2228
  • Public animal shelter: means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality. See Virginia Code 3.2-6500
  • real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recipient: means a person whose principal place of business is in the Commonwealth and that applies for sales-based financing and is made a specific offer of sales-based financing by a provider. See Virginia Code 6.2-2228
  • Releasing agency: means (i) a public animal shelter or (ii) a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption. See Virginia Code 3.2-6500
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sales-based financing: means a transaction that is repaid by the recipient to the provider, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient. See Virginia Code 6.2-2228
  • sell: includes every contract or agreement of sale or grant of, contract to sell, or disposition of a franchise or interest in a franchise for value. See Virginia Code 13.1-559
  • Specific offer: means the specific terms of sales-based financing, including price or amount, that are quoted to a recipient, based on information obtained from or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms. See Virginia Code 6.2-2228
  • State Veterinarian: means the veterinarian employed by the Commissioner as provided in § 3. See Virginia Code 3.2-5900
  • Statute: A law passed by a legislature.
  • sterilization: means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. See Virginia Code 3.2-6500
  • Subfranchisor: means a person who is authorized by a franchisor to grant a franchise within a particular geographic region. See Virginia Code 13.1-559
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • title loan: means a loan secured by a non-purchase money security interest in a motor vehicle. See Virginia Code 6.2-2200
  • Treasurer: includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city. See Virginia Code 3.2-6500
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.