PART 1. DEFINITIONS
Part 1 added by Stats. 1970, Ch. 1400.
§§ 31000–31020 · 25 sections
- § 31000 This division may be known as the “Franchise Investment Law.” References in this division to “this law” refer to the applicable provisions of this division.
- § 31001 The Legislature hereby finds and declares that the widespread sale of franchises is a relatively new form of business which has created numerous problems both…
- § 31001.1 (a) To enhance the uniform and efficient administration, and the effective enforcement, of this division, it is the intent of the Legislature that the…
- § 31002 Unless the context otherwise requires, the definitions in this part apply throughout this division.
- § 31003 “Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or…
- § 31003.5 “Business days” are all days other than every Saturday, every Sunday, and such other days as are specified or provided for as holidays in the Government Code.
- § 31004 “Commissioner” means the Commissioner of Financial Protection and Innovation.
- § 31005 (a) “Franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which: (1) A franchisee is…
- § 31005.5 For the purposes of this division and in respect only to a franchise as defined in subdivision (b) of Section 31005, the following terms shall have the…
- § 31006 A “franchisee” is a person to whom a franchise is granted.
- § 31007 A “franchisor” is a person who grants a franchise.
- § 31008 “Area franchise” means any franchise between a franchisor and a franchisee whereby the franchisee is granted the right to operate more than one unit within a…
- § 31008.5 “Subfranchise” means any contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for consideration given…
- § 31009 A “subfranchisor” is a person to whom a subfranchise is granted.
- § 31010 Where used in this law, unless specifically stated otherwise, “franchise” includes “area franchise” and “subfranchise.”
- § 31011 “Franchise fee” means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business under a…
- § 31012 “Fraud” and “deceit” are not limited to common law fraud or deceit.
- § 31013 (a) An offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or if the…
- § 31014 “Order” means a consent, authorization, approval, prohibition or requirement applicable to a specific case issued by the commissioner.
- § 31015 “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust or an…
- § 31016 “Publish” means publicly to issue or circulate by newspaper, mail, radio or television, or otherwise to disseminate to the public.
- § 31017 “Rule” means any published regulation or standard of general application issued by the commissioner.
- § 31018 (a) “Sale” or “sell” includes every contract or agreement of sale of, a contract to sell, or disposition of, a franchise or interest in a franchise for value.…
- § 31019 “State” means any state, territory, or possession of the United States, the District of Columbia and Puerto Rico.
- § 31020 (a) “Franchise broker” means a person who directly or indirectly engages in the business of the offer or sale of a franchise, regardless of the title used by…