reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 113 - Annual Report; Records of Companies That Have Engaged in Unauthorized Switching of Customer's Ixc or Lec

Section 113. (a) The department shall track instances in which an IXC, LEC, or TPV company switched a customer's IXC or LEC without the customer's valid LOA or TPV.
(b) The department shall prepare an annual report of the impact of the provision of sections 108 to 113, inclusive, and submit it to the joint committee on government relations and the attorney general, within 30 days of its completion.
(c) The department shall keep monthly records of each unauthorized IXC or LEC change by company and produce an annual report of each violation by company and submit it to the joint committee on government regulations and the attorney general.
(d) The department shall keep a record of any TPV companies and any other agent affiliated with an IXC or an LEC that has engaged in the unauthorized switching of a customer's IXC or LEC.
(e) The department shall promulgate rules and regulations for the implementation of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 114 - Real Estate Transactions; Disclosure; Psychologically Impacted Property

Section 114. The fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction. ''Psychologically impacted'' shall mean an impact being the result of facts or suspicions including, but not limited to, the following:
(a) that an occupant of real property is now or has been suspected to be infected with the Human Immunodeficiency Virus or with Acquired Immune Deficiency Syndrome or any other disease which reasonable medical evidence suggests to be highly unlikely to be transmitted through the occupying of a dwelling;
(b) that the real property was the site of a felony, suicide or homicide; and
(c) that the real property has been the site of an alleged parapsychological or supernatural phenomenon.
No cause of action shall arise or be maintained against a seller or lessor of real property or a real estate broker or salesman, by statute or at common law, for failure to disclose to a buyer or tenant that the real property is or was psychologically impacted.
Notwithstanding the foregoing, the provisions of this section shall not authorize a seller, lessor or real estate broker or salesman to make a misrepresentation of fact or false statement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 1 - Definitions

Section 1. The following words, as used in this chapter unless the text otherwise requires or a different meaning is specifically required, shall mean—
(a) ''Person'' shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
(b) ''Trade'' and ''commerce'' shall include the advertising, the offering for sale, rent or lease, the sale, rent, lease or distribution of any services and any property, tangible or intangible, real, personal or mixed, any security as defined in subparagraph (k) of section four hundred and one of chapter one hundred and ten A and any contract of sale of a commodity for future delivery, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this commonwealth.
(c) ''Documentary material'' shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate.
(d) ''Examination of documentary material'', the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 2 - Unfair Practices; Legislative Intent; Rules and Regulations

Section 2. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
(b) It is the intent of the legislature that in construing paragraph (a) of this section in actions brought under sections four, nine and eleven, the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
(c) The attorney general may make rules and regulations interpreting the provisions of subsection 2(a) of this chapter. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 3 - Exempted Transactions

Section 3. Nothing in this chapter shall apply to transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the commonwealth or of the United States.
For the purpose of this section, the burden of proving exemptions from the provisions of this chapter shall be upon the person claiming the exemptions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 5 - Assurance of Discontinuance of Unlawful Method or Practice

Section 5. In any case where the attorney general has authority to institute an action or proceeding under section four, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may, among other terms, include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Suffolk county. Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest. Evidence of a violation of such assurance shall be prima facie evidence of a violation of section two in any subsequent proceeding brought by the attorney general.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 7 - Failure to Appear or to Comply With Notice

Section 7. A person upon whom a notice is served pursuant to the provisions of section six shall comply with the terms thereof unless otherwise provided by the order of a court of the commonwealth. Any person who fails to appear, or with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this chapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody or control of any person subject to any such notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than five thousand dollars.
The attorney general may file in the superior court of the county in which such person resides or has his principal place of business, or of Suffolk county if such person is a nonresident or has no principal place of business in the commonwealth, and serve upon such person, in the same manner as provided in section six, a petition for an order of such court for the enforcement of this section and section six. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 8 - Habitual Violation of Injunctions

Section 8. Upon petition by the attorney general, the court may for habitual violation of injunctions issued pursuant to section four order the dissolution, or suspension or forfeiture of franchise of any corporation or the right of any individual or foreign corporation to do business in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93a - Regulation of Business Practices for Consumers Protection › Section 10 - Notice to Attorney General; Injunction, Prima Facie Evidence

Section 10. Upon commencement of any action brought under section nine or section eleven, the clerk of the court shall mail a copy of the bill in equity to the attorney general and, upon entry of any judgment or decree in the action, the clerk of the court shall mail a copy of such judgment or decree to the attorney general.
Any permanent injunction or order of the court made under section four shall be prima facie evidence in an action brought under section nine or section eleven that the respondent used or employed an unfair or deceptive act or practice declared unlawful by section two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 2 - Applicability of Chapter

Section 2. Any person who engages directly or indirectly in purposeful contacts in the commonwealth in connection with the offering or advertising for sale or has business dealings with respect to a motor vehicle in the commonwealth shall be subject to this chapter and shall be subject to the jurisdiction of the courts of the commonwealth, upon service of process in accordance with chapter 223A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 3 - Unfair Competition and Practices

Section 3. (a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 4, are hereby declared to be unlawful.
(b) In construing subsection (a) the courts may be guided by the interpretations of the Federal Trade Commission Act, 15 U.S.C. 45.
(c) The attorney general may make rules and regulations interpreting the subsection (a). The rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the federal courts interpreting the Federal Trade Commission Act, 15 U.S.C. 45.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 7 - Advertising by Manufacturer, Distributor or Dealer; New Motor Vehicle Prices; Charges Included

Section 7. (a) No manufacturer, distributor or dealer shall use any false or misleading advertisement in connection with its business as a manufacturer, distributor or dealer.
(b) Any motor vehicle dealer advertising the price of a new motor vehicle shall include all charges of any type, except taxes, and shall include, without limitation, any charges for freight, handling or preparation necessary or usual before delivery to the consumer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 11 - Franchise Relationship; Written or Oral Agreements; Applicability

Section 11. This chapter shall apply to all actions by a manufacturer or distributor which relate to the franchise relationship and which arise under any written or oral agreement between the manufacturer or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which said manufacturer or distributor has any direct or indirect interest.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 12 - Franchise Agreement Renewals; Void and Unenforceable Notice

Section 12. If a manufacturer or distributor renews its franchise agreements periodically, it shall do so as their contractual periods expire on terms equally available to all of its motor vehicle dealers in the commonwealth unless there is good cause to do otherwise. Any notification provided by a manufacturer or distributor to the effect that the market being served by a motor vehicle dealer is not considered viable in the future shall be void and unenforceable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 14 - Enforcement

Section 14. Upon the written request of a motor vehicle dealer, manufacturer or distributor, the attorney general may enforce compliance with this chapter in accordance with sections 4 to 8, inclusive, of chapter 93A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 16 - Franchise Agreement; Void Provisions; Arbitration, Mediation, or Alternative Dispute Resolution Clause; Voluntariness

Section 16. (a) Any provision of a franchise agreement or practice thereunder in violation of this chapter shall be against public policy and shall be void and unenforceable.
(b) A clause or provision in a franchise agreement requiring the parties to submit to arbitration, mediation or any other alternative dispute resolution mechanism before filing suit shall be enforceable only if the parties have voluntarily entered into an agreement to submit to arbitration, mediation or any other alternative dispute resolution mechanism, and the matter is conducted at a reasonable location within the commonwealth; provided, however, that the provisions of this subsection shall not prohibit the enforceability of a clause or provision in a franchise agreement which requires the parties to submit to non-binding mediation; and provided, further, that said non-binding mediation is conducted at a reasonable location within the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 17 - Time Limitations; Cause of Action

Section 17. Except as provided in subsection (f) of section 5 and subsection (e) of section 6, actions arising out of this chapter shall be commenced within 4 years next after the cause of action accrues; but if a person liable hereunder fraudulently conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of its cause of action by the person so entitled shall be excluded in determining the time limit for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States or any of its agencies under the anti-trust laws, the Federal Trade Commission Act, or any other federal act, or brought by the commonwealth or any of its political subdivisions under the laws of the commonwealth related to anti-trust laws or to franchising, the actions may be commenced within 1 year after the final disposition of the civil, criminal or administrative proceeding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 1 - Definitions

Section 1. In this chapter unless the context otherwise requires, the following words shall have the following meanings:
''Interstate system'', that portion of the national system of interstate and defense highways located within this commonwealth, as officially designated, or as may be hereafter so designated, by the department of public works of the commonwealth, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, ''Highways''.
''Primary systems'', that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department of public works of the commonwealth, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, ''Highways''.
''Outdoor advertising'', any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main travelled way of the interstate or primary systems.
''Safety rest area'', an area or site established and maintained within or adjacent to the right of way by or under public supervision or control, for the convenience of the traveling public.
''Secretary'', the United States Secretary of Transportation.
''Urban area'', urban area as defined in subsection (a) of section 101 of Title 23 of the United States Code.
''Board'', outdoor advertising board.
''Information center'', an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the department of highways may consider desirable.
''Department'', the department of highways of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 2 - Outdoor Advertising Prohibited; Exceptions

Section 2. Notwithstanding the provisions of chapter ninety-three, no outdoor advertising shall be erected or maintained within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main travelled way of a highway in the interstate or primary systems except the following:
(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, as required or authorized by law or by the department, and which conform to standards promulgated by the secretary under Title 23 of the United States Code.
(b) Signs, displays and devices advertising activities conducted on the property upon which they are located.
(c) Signs, displays and devices advertising the sale or lease of property upon which they are located.
(d) Signs, displays and devices which are located in areas which are zoned industrial or commercial under authority of law and which have permits issued under the provisions of section three.
(e) Signs, displays and devices which are located in unzoned commercial or industrial areas which areas shall be determined from actual land use and defined by regulations to be promulgated by the department and which have permits issued under the provisions of section three.
(f) Signs lawfully in existence on October twenty-second, nineteen hundred and sixty-five and lawfully maintained thereafter, determined by the department in consultation with the board subject to the approval of the secretary, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this section, and which have permits issued under the provisions of section three.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 2a - Outdoor Advertising on Highway Located Outside of Urban Areas

Section 2A. Notwithstanding the provisions of chapter ninety-three, no outdoor advertising shall be erected or maintained more than six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main travelled way of a highway in the interstate or primary systems if such outdoor advertising is located outside of urban areas and erected with the purpose of their message being read from such main travelled way.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 3 - Permits; Compliance With Standards and Agreements; Regulations

Section 3. Under the procedures set forth in chapter ninety-three, the board is authorized to issue permits for the erection and maintenance of signs, displays and devices described in clauses (a), (d), (e) and (f), of section two, provided, however, that the erection and maintenance thereof would comply with applicable ordinances and by-laws, with standards promulgated by the Secretary of Transportation under Title 23, United States Code, and with agreements between the department and the said Secretary authorized by section seven of this chapter. Nothing in this section shall apply to signs, displays or devices referred to in clauses (b) and (c) of section two.
Nothing in this chapter shall be construed to prohibit the board from adopting lawful regulations imposing stricter limitations with respect to signs, displays and devices on the interstate and primary systems.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 4 - Violations as a Public Nuisance; Abatement

Section 4. Any outdoor advertising which violates the provisions of this chapter shall be deemed a public nuisance. The department shall have the same power to abate and remove any such nuisance as is given the board of health of a town under sections one hundred and twenty-three to one hundred and twenty-five, inclusive, of chapter one hundred and eleven, and the provisions of said sections shall, so far as applicable, apply in the case of a nuisance as herein defined. The remedy provided herein shall be in addition to any other remedy provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 5 - Injunction; Jurisdiction

Section 5. The supreme judicial and superior courts shall have jurisdiction in equity upon the petition of the department, the board, the attorney general, of any city or town or any officer thereof, or of any interested party, to restrain the erection or maintenance of any outdoor advertising erected or maintained in violation of any provisions of this chapter, and to order the removal or abatement of such outdoor advertising as a nuisance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 6 - Maps, Informational Directories and Advertising Pamphlets

Section 6. The department is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish centers at safety rest areas for the purpose of informing the public of places of interest within the commonwealth and providing such other information as may be considered desirable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93d - Control of Outdoor Advertising Adjacent to the Interstate and Primary Highway Systems › Section 7 - Federal Agreements

Section 7. The department is hereby authorized to enter into an agreement with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, to establish standards for size, lighting and spacing of signs, displays and devices described in subsections (d) and (e) of section two, and to define an unzoned commercial or industrial area for the purposes of said section, and to take action in the name of the commonwealth to comply with the terms of such agreement.
The department is further authorized to enter into an agreement with the Secretary of Transportation as provided by said Title 23 of the United States Code, relating to the establishment of information centers at safety rest areas, and to take action in the name of the commonwealth to comply with the terms of such agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 1 - Definitions

Section 1. For the purpose of this chapter, the following words shall, unless the context otherwise requires, have the following meanings:—
''Supplier'', any person engaged in the sale, consignment or distribution of petroleum products to retail outlets.
''Dealer'', any person who is not a petroleum supplier, engaged in the retail sale of gasoline to the motoring public in the commonwealth under written agreements entered into with a petroleum supplier.
''Marketing agreement'', means any agreement either written or oral between a supplier and a retail dealer under which (1) the retail dealer promises to sell or distribute the produce or products of the supplier; (2) the retail dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by a manufacturer; or (3) the retail dealer is granted the right to occupy premises owned, leased or controlled by a supplier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 2 - Agreements to Which Chapter Applies

Section 2. This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than twenty percent of the dealer's gross sales are covered by such agreement and (b) such gross sales covered by such agreement are more than twenty-five thousand dollars yearly.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 3 - Disclosures to Prospective Dealers

Section 3. A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:—
(a) The gallonage volume history, if any, of the location under negotiation for and during the three year period immediately past or for the entire period which the location has been supplied by the supplier, which ever is shorter.
(b) The name and last known address of the previous dealer or dealers for the last three years, or for and during the entire period which the location has been supplied by the petroleum supplier, whichever is shorter, and the reason or reasons for the termination of each dealer agreement.
(c) Any legally binding commitments for the sale, demolition or other disposition of the location.
(d) The training programs, if any, and the specific goods and services the supplier will provide for and to the gasoline dealer.
(e) Full disclosure of any and all obligations which will be required of the dealer, including but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries or any other company or any advertising and promotional items that the dealer must accept.
(f) Full disclosure of all restrictions on the sale, transfer, renewal and termination of the agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 3a - Required Promotions, Give-Aways, Rebates, etc.; Prohibition

Section 3A. No agreement, formal or informal, shall require the use of any promotion, premium, coupon, give-away, or rebate in the operation of the business; provided, however, that a retail dealer may participate in a promotion, premium, coupon, give-away, or rebate sponsored by a supplier and completely paid for by said supplier, or unless said dealer elects to participate at his own expense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 4 - Termination, etc., of Dealership; Repurchase of Merchandise

Section 4. In the event of any termination, assignment, cancellation or failure to renew, whether by mutual agreement or otherwise, a supplier shall within thirty days of such termination, assignment or failure to renew make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased by said dealer from the petroleum supplier, provided however, that in such event the petroleum supplier shall have the right to apply the proceeds against any existing indebtedness owed to him by the dealer and further provided that such repurchased obligation is conditioned upon there being no other claims or liens against such products by or on behalf of other creditors of the dealer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 4a - Marketing Agreements; Mandatory Non-Waiverable Provisions

Section 4A. Every marketing agreement between a supplier and a retail dealer shall be subject to the following non-waiverable provisions, whether or not they are expressly set forth in the agreement:
(a) No agreement between a retail dealer and a supplier shall require a retail dealer to keep his station open for business any specified number of hours per day or days per week.
(b) No party to a marketing agreement with a retail dealer shall withhold his consent to any assignment, transfer or sale of the marketing agreement without first notifying the retail dealer in writing within thirty days prior to the effective date of said agreement, transfer or sale, stating the specific grounds for such refusal to consent to said assignment, transfer, or sale.
(c) A supplier who requires in a marketing agreement a security deposit for a period of one year or longer for the use of a service station or delivery of fuel shall, beginning with the first day of the agreement, pay interest at the rate of six percent per year, payable to the retail dealer within thirty days after the termination of said agreement. The supplier shall return the security deposit or any balance thereof, and interest thereon, after deducting the amount of any damage caused by the retail dealer or any person on the demised premises with his knowledge or consent, reasonable wear and tear excepted, and less any unpaid rent or other indebtedness.
Any deduction for damage or indebtedness pursuant to this section shall be itemized by the manufacturer or supplier with particularity indicating the nature of the repair necessary to correct any damage and the actual or estimated cost thereof, or the nature of the indebtedness, as the case may be.
If the supplier fails to return to the retail dealer such deposit or the balance thereof as provided herein, he shall be liable in damages in an amount equal to twice the amount of such security deposit or balance thereof, plus interest at the rate of six percent from the date on which payment became due.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 5 - Unfair Methods of Competition; Unfair or Deceptive Acts or Practices; Prohibition

Section 5. (a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 5A, are hereby declared to be unlawful.
(b) In construing paragraph (a) the courts may be guided by the interpretations of the Federal Trade Commission Act or the Federal Energy Administration Act as from time to time amended.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 7 - Violations of Chapter; Actions for Damages by Dealers; Attorney's Fees

Section 7. A dealer may bring an action for damages sustained as a result of (1) failure to make such disclosures as are required in section three; or (2) failure to make an offer in good faith to repurchase as required in section four; or (3) wrongful termination of or failure to renew his agreement as set forth in section five; or (4) any violation of section six. This remedy is in addition to all other remedies available under contract or provided by law. If the court finds that the violation of this chapter has been willful the court may allow reasonable attorney fees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 7a - Enforcement by Attorney General; Application of Other Laws

Section 7A. The attorney general shall enforce compliance with the provisions of this chapter in accordance with section 4 to 8, inclusive, of chapter 93A. Any retail dealer shall have the right to damages as provided in sections 9 and 10 of said chapter 93A. A final judgment, order or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States Anti-Trust Laws, under the Federal Trade Commission Act, under chapter 93A or under this chapter shall be regarded as prima facie evidence against such person subject to the conditions set forth in the United States Anti-Trust Laws, (15 U.S.C. 16).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93e - Regulation of Dealers' Agreements for the Sale of Gasoline › Section 7c - Severability

Section 7C. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93f - Regulation of Certain Business Practices Between Motion Picture Distributors and Exhibitors › Section 1 - Definitions

Section 1. The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meaning:—
''Bid'', a written offer or proposal by an exhibitor to a distributor, in response to an ''invitation to bid'', stating the terms under which the exhibitor will agree to exhibit a motion picture.
''Blind bidding'', the solicitation of bidding for, solicitation of negotiation for, or solicitations of offers for or agreeing to terms for the licensing or exhibition of, a motion picture if the motion picture has not been trade screened within the commonwealth before any such event has occurred.
''Defined geographic area'', a relevant market area as used in the motion picture industry.
''Distributor'', any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
''Exhibit'' or ''exhibition'', showing a motion picture to the public for a charge.
''Exhibitor'', any person engaged in the business of operating one or more theatres.
''Invitation to bid'', a written solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture.
''License agreement'', any contract agreement, understanding or condition between a distributor and an exhibitor relating to the licensing of exhibition of a motion picture by the exhibitor.
''Person'', one or more individuals, partnerships, associates, societies, trust, or corporations.
''Run'', the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A ''first run'' is the first exhibition of a picture in the designated area, a ''second run'' is the second exhibition and ''subsequent runs'' are subsequent exhibitions after the second run. ''Exclusive run'' is any run limited to a single theatre in a defined geographic area and a ''non-exclusive run'' is any run in more than one theatre in a defined geographic area.
''Theatre'', any establishment in which motion pictures are exhibited to the public regularly for a charge.
''Trade screening'', the showing of a motion picture by a distributor at some location within Metropolitan Boston which is open to any exhibitor interested in exhibiting the motion picture.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93f - Regulation of Certain Business Practices Between Motion Picture Distributors and Exhibitors › Section 2 - Blind Bidding; Trade Screening

Section 2. Blind bidding is hereby prohibited within the commonwealth. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has been trade screened within the commonwealth.
A distributor shall include in each invitation to bid for a motion picture for exhibition, if such motion picture has not already been trade screened within the commonwealth, the date, time and place of the trade screening of the motion picture within the commonwealth.
A distributor shall provide reasonable and uniform notice to exhibitors within the commonwealth of all trade screenings within the commonwealth of motion pictures he is distributing.
Any purported waiver of the requirements of this section shall be void and unenforceable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93f - Regulation of Certain Business Practices Between Motion Picture Distributors and Exhibitors › Section 3 - Bids; Procedures

Section 3. If bids are solicited from exhibitors for the licensing of a motion picture within the commonwealth then:—
1. The invitation to bid shall specify (a) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run, and the geographic area for each run; (b) the names of all exhibitors who are being solicited; (c) the date and hour the invitation to bid expires; and (d) the location, including the address, where the bids will be opened, which shall be within the commonwealth.
2. All bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors, or their agents, who submitted bids and are present at such time.
3. After being opened, bids shall be subject to examination by exhibitors, or their agents, who submitted bids. Within seven business days after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the terms of the accepted bid and the name of the winning bidder.
4. Once bids are solicited, the distributor shall license the picture only by bidding and may negotiate if he does not accept any of the original bids.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 1 - Definitions

Section 1. For purposes of this chapter the following words shall have the following meanings:
''Current net price'', the price listed in the supplier's price list or catalog in effect at the time the dealer agreement is terminated, less any applicable discounts allowed.
''Dealer'', a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. The term ''dealer'' shall not include a single line dealer primarily engaged in retail sale and service of industrial, forestry and construction equipment.
''Dealer agreement'', a written or oral contract or agreement between a dealer and a wholesaler, manufacturer or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol.
''Inventory'', farm, utility, forestry, or light industrial equipment, implements, machinery, yard and garden equipment, attachments or repair parts; provided, however, that inventory shall not include heavy construction equipment.
''Net cost'', the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. In the event of termination of a dealer agreement by the supplier, ''net cost'' shall include the reasonable cost of assembly and/or disassembly performed by a dealer.
''Single line dealer'', a person partnership or corporation who:
(1) has purchased seventy-five per cent or more of the dealer's total new product inventory from a single supplier; and
(2) who has a total annual average sales volume for the previous three years in excess of twenty million dollars for the entire territory for which the dealer is responsible.
''Supplier'', a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer.
''Termination of dealer agreement'', the cancellation, nonrenewal or discontinuance of the agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 2 - Termination of Dealer Agreement; Cause; Lease

Section 2. (a) Notwithstanding any agreement to the contrary, prior to the termination of a dealer agreement, a supplier shall notify the dealer of the termination not less than one hundred and twenty days prior to the effective date of the termination. No supplier may terminate, cancel or fail to renew a dealer agreement without cause. For purposes of this paragraph cause means failure by an equipment dealer to comply with requirements imposed upon the equipment dealer by the dealer agreement; provided however, that the requirements are not substantially different from those requirements imposed upon other similarly situated dealers in the commonwealth.
(b) The supplier may immediately terminate an agreement at any time upon the occurrence of any of the following events:
(1) the filing of a petition for bankruptcy or for receivership either by or against the dealer;
(2) the making by the dealer of an intentional and material misrepresentation as to the dealer's financial status;
(3) any default by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier;
(4) the commencement of voluntary or involuntary dissolution or liquidation of the dealer if the dealer is a partnership or corporation;
(5) a change in location of the dealer's principal place of business as provided in the agreement without the prior written approval of the supplier;
(6) withdrawal of an individual proprietor, partner, major shareholder, or the involuntary termination of the manager of the dealership, or a substantial reduction in the interest of a partner or major shareholder without the prior written consent of the supplier.
(c) Unless there is an agreement to the contrary, a dealer who intends to terminate a dealer agreement with the supplier shall notify the supplier of such intent not less than one hundred and twenty days prior to the effective date of the termination.
(d) Notification required by either party under this section shall be in writing and shall be made by certified mail or by delivery in hand and shall contain:
(1) a statement of intention to terminate the dealer agreement;
(2) a statement of the reasons for the termination; and
(3) the date on which the termination shall be effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 3 - Repurchase of Dealer's Inventory

Section 3. (a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the dealer filed within thirty days of the effective date of the termination, shall repurchase the dealer's inventory as provided in this chapter. There shall be no requirement for the supplier to repurchase inventory pursuant to this section if:
(1) the dealer has made an intentional and material misrepresentation as to the dealer's financial status;
(2) the dealer has defaulted under a chattel mortgage or other security agreement between the dealer and supplier; or
(3) the dealer has filed a voluntary petition in bankruptcy.
(b) Whenever a dealer enters into a dealer agreement in which the dealer agrees to maintain an inventory and the dealer or the majority stockholder of the dealer, if the dealer is a corporation, dies or becomes incompetent, the supplier shall, at the option of the heir, personal representative, or guardian of the dealer, or the person who succeeds to the stock of the majority stockholder, repurchase the inventory as if the agreement has been terminated. The heir, personal representative, guardian or succeeding stockholder has six months from the date of the death of the dealer or majority stockholder to exercise the option under this chapter.