reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-3. When Rebates and Special Privileges Prohibited; Penalty

The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is an unfair trade practice and any person, partnership, firm, corporation, joint-stock company, or other association resorting to such trade practice shall be deemed guilty of a misdemeanor and, on conviction thereof shall be subject to the penalties set out in section eleven of this article.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-4. Personal Responsibility of Directors, Officers or Agents

Any person who, either as director, officer or agent of any firm or corporation or as agent of any person violating the provisions of this article, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm or corporation for whom or for which he acts.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-5. “Retailer” and “wholesaler” Defined; Sales and Transfers Subject to Article

(a) The term “retailer” shall mean and include every person, partnership, firm, corporation, or other entity engaged in the business of making sales at retail within this state: Provided, however, That in the case of a person, partnership, firm, corporation, or other entity engaged in the business of making sales both at retail and at wholesale, such term shall be applied only to the retail portion of such business.
(b) The term “wholesaler” shall mean and include every person, partnership, firm, corporation, or other entity engaged in the business of making sales at wholesale within this state: Provided, That in the case of a person, partnership, firm, corporation, or other entity engaged in the business of making sales both at retail and wholesale, such term shall be applied only to the wholesale portion of such business.
(c) The provisions of this article shall be applicable to all sales at retail made by a retailer as herein defined, and shall be applicable to any transfer for a valuable consideration made in the ordinary course of trade, or the usual prosecution of the retailer's business, of title to tangible personal property to the purchaser for consumption or use other than resale or further proceedings or manufacturing, and shall be applicable also to any transfer of such property where title is retained by the retailer as security for the payment of such purchase price.
(d) The provisions of this article shall be applicable to all sales at wholesale, and shall be applicable to any transfer for a valuable consideration made in the ordinary course of trade or in the usual prosecution of the wholesaler’s business, of title to tangible personal property to the purchaser for purposes of resale or further proceedings or manufacturing, and shall be applicable also to any such transfer of property where title is retained by the seller as security for the payment of the purchase price.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-6. How Cost Determined

(a) The term "cost" when applicable to the business of retailer shall mean bona fide cost andshall mean: (i) The invoice cost of each separate or distinct product or item of merchandise to the retailer to include applicable taxes, or the replacement cost thereof to the retailer within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts, except customary discounts for cash; and (ii) to either of which there shall be added
freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to retail outlet if done or paid for by the retailer.
(b) The term "cost" when applicable to the business of a wholesaler shall mean bona fide cost and shall mean: (i) The invoice cost of the merchandise to the wholesaler to include applicable taxes, or the replacement cost of the merchandise to the wholesaler within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts except customary discounts for cash; and (ii) to either of which there shall be added the following items of expense:
(1) Freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to the retail outlet if done or paid for by the wholesaler;
(2) A markup to cover, in part, the cost of doing business, which markup in the absence of proof of a lesser cost, shall be four percent of the aggregate of invoice cost or replacement cost (whichever is used), less trade discounts as aforesaid, and plus said freight charges:
Provided
, That such a markup to cover the cost of doing business as provided for in this subdivision shall be exclusive of any federal and state motor fuel taxes.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-7. When Invoice Cost of Goods Purchased at Forced, etc., Sale May Be Used

In establishing the "cost" of a given article, product or item of merchandise to the vendor, the invoice cost of any article, product or item of merchandise purchased at a forced, bankrupt, close-out sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost as of the date of said sale of said article, product or item of merchandise replaced through the ordinary channels of trade, unless said article, product or merchandise is kept separate from goods purchased in the ordinary channels of trade and unless said article, product or item of merchandise is advertised and sold as merchandise purchased at a forced, bankrupt, close-out sale, or by means other than through the ordinary channels of trade, and said advertising shall state the conditions under which said goods were so purchased, and the quantity of such merchandise to be sold or offered for sale.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-8. Sales Exempt

The provisions of this article shall not apply to any sale, offer for sale, or advertisement to sell made:
(a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing trade in any such stock or commodity;
(b) When perishable merchandise must be sold promptly to avert loss to the retailer or wholesaler by spoilage or depreciation;
(c) When the goods are damaged or deteriorated in quality or when merchandise is sold in bona fide clearance sales and, in each case, merchandise is advertised, marked and sold as such;
(d) By an officer acting under the orders of any court;
(e) To meet the price of a competitor;
(f) Involving a discount or rebate earned by purchases through the use of a bonus, loyalty or rewards program or involving the redemption of credits, discounts or rebates through a bonus, loyalty or rewards program;
(g) For charitable purposes or to relief agencies;
(h) Where merchandise is sold on contract to departments of the government or governmental institutions; and
(i) During and for fifteen days after a business grand opening as determined by the completion date.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-9. Injunctions; Damage Suits; and Jurisdiction

(a) Any person, partnership, firm, corporation, or other entity injured by a violation of 47-11A-2 or 47-11A-3 of this code may maintain an action to enjoin a continuance of any such violation in the circuit court of the county wherein said violation is alleged to have occurred. If a violation is established in such an action, the court shall enjoin, restrain, or otherwise prohibit such violation. In such action, if damages are alleged and proven, the plaintiff in the action, in addition to injunctive relief, shall recover from the defendant the actual damages sustained and proven to be a result of the violation, and the court may award the plaintiff treble damages, court costs, litigation costs, and attorneys fees.
(b) In the event no injunctive relief is sought or required, any person, partnership, firm, corporation, or other entity injured by a violation of the provisions of this article may maintain an action for damages alone in the circuit court of the county wherein said violation is alleged to have occurred. If a violation is established in such an action and proven, a plaintiff shall recover from the defendant the actual damages sustained and proven to be a result of the violation, and the court may award the plaintiff treble damages, court costs, litigation costs, and attorneys fees.
(c) In any action under subsections (a) and (b) of this section it shall be an absolute defense that the sale price of any product or item of merchandise alleged to be in violation of this article is equal to or greater than the sales price of the same product or item being sold by a competitor of the defendant.
(d) A court may dismiss any action under subsections (a) and (b) of this section upon a motion for summary judgment if the court finds pursuant to Rule 56 of the West Virginia Rules of Civil Procedure that the provisions of subsection (c) of this section have been satisfied.
(e) The circuit courts of this state shall have jurisdiction of actions under this section.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-11. Penalties for Violations

Any person, firm, partnership, corporation, joint-stock company or other association, whether as principal, agent, officer or director, for or itself, or for another person, or for any person, firm, partnership, corporation, joint- stock company or other association, who or which shall violate any of the provisions of this article, is guilty of a misdemeanor for each single violation and upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment not exceeding ninety days or by both said fine and imprisonment, in the discretion of the court.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11A. Unfair Trade Practices › §47-11A-12a. Unsolicited Goods

No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares or merchandise, where the offer includes the voluntary and unsolicited sending of goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, wares or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner he sees fit without any obligation on his part to the sender.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-1. Legislative Findings

The Legislature hereby finds and declares that certain sales of goods, defined in this article as "closing-out sales,""sales of goods damaged by fire, smoke or water" or "defunct business sales" have heretofore often been advertised and conducted in such manner as to mislead and defraud the public or otherwise harm the public and that such sales should be licensed and regulated to prevent misrepresentation and fraud and to protect and promote the public welfare.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-2. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:
(a) The term "closing-out sale" shall include but not be limited to all sales advertised, represented or held forth under the designation of "quitting business,""going out of business," "discontinuance of business,""selling out,""liquidation,""lost our lease,""must vacate,""forced out,""removal,""branch store discontinuance sale,""building coming down,""end,""final days,""last days,""lease expires,""we give up sale,""we quit sale,""warehouse closing sale,""reorganization sale" and any other advertising or designation by any other expression or characterization similar to any of the foregoing and giving notice to the public that the sale will precede the abandonment of a business location.
(b) The term "sale of goods damaged by fire, smoke or water" shall include but not be limited to all sales advertised, represented or held forth under the designation of "fire sale," "smoke damage sale,""water damage sale,""flood damage sale," "insurance sale" and any other advertising or designation by any other expression or characterization similar to any of the foregoing and giving notice to the public that the goods, wares or merchandise offered for sale have been damaged.
(c) The term "defunct business sale" shall include but not be limited to all sales advertised, represented or held forth under the designation of "adjuster's sale,""administrator's sale,""assignee's sale,""bankrupt sale,""bankrupt stock sale," "benefit of administrator's sale,""benefit of creditor's sale," "benefit of trustee's sale,""creditor's committee sale," "creditor's sale,""executor's sale,""insolvent sale,""mortgage sale,""receiver's sale,""trustee's sale" and any other advertising or designation by any other expression or characterization similar to any of the foregoing and conveying the same meaning or giving notice to the public of a sale resulting from death, business failure, or other adversity.
(d) "Unusual purchase or addition" shall mean any purchase of goods, wares or merchandise during the ninety days preceding the application for a license the total value of which is at least twenty-five percent greater than purchases made by the applicant for a like ninety-day period during any one of three years next immediately preceding the year in which the application is made or his peak purchases for any ninety-day period if he has been in business for less than three years.
(e) "Commissioner" shall mean the state commissioner of labor.
(f) "Person" shall mean any individual, partnership, association, firm or corporation or the plural thereof.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-3. License Required; Exceptions

It shall be unlawful for any person in this state to advertise or conduct any sale of any goods, wares or merchandise which is a "closing-out sale,""a sale of goods damaged by fire, smoke or water," or a "defunct business sale" unless a license is first obtained to conduct such a sale from the commissioner as provided in this article.
This article shall, however, not be construed to apply to or affect the following persons:
(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.
(2) Persons who are required to file an accounting with a court of competent jurisdiction.
(3) Persons acting in accordance with their powers and duties as public officers such as sheriffs, constables and marshals.
(4) Any publisher or employee of a newspaper, magazine or any operator or employee of a radio or television broadcasting station who publishes or broadcasts any such advertisement in good faith without knowledge of its false, deceptive and misleading character or without knowledge that the provisions of this article are not being complied with.
(5) Persons conducting sales by and on behalf of licensed insurers.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-6. Duration of Sale; License Fee

A license to conduct a sale issued pursuant to this article shall be good for no more than a period of thirty consecutive calendar days and may be renewed for one consecutive period not exceeding thirty consecutive calendar days upon the affidavit of the applicant that the goods listed in the inventory have not been disposed of and that no new goods have been or will be added to the inventory previously filed pursuant to this article by purchase, acquisition on consignment, or otherwise. The application for renewal shall be made not more than ten days prior to the time of the expiration of the license and shall contain a new inventory of the goods remaining on hand at the time the application for renewal is made which new inventory shall be prepared and furnished in the same manner and form as the original inventory. The commissioner shall receive from the applicant for such license, upon the granting thereof, a fee of $50 and upon the renewal thereof a fee of $100. The applicant shall not be entitled to a refund of the fee paid if said application is refused, denied or revoked.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-7. Revocation of License; Grounds

The commissioner may, on his own initiative, or shall, upon the written and verified complaint of any resident of this state, investigate any person licensed by him under the provisions of this article to determine if such person is violating or has violated this article. The commissioner shall immediately revoke such person's license if, after such investigation, he shall determine that:
(1) Any sale by the applicant is conducted in violation of any provision of this article,
(2) The applicant has made any material misstatement in his application for said license,
(3) The applicant has failed to include in the inventory required by the provisions of this article the goods, wares or merchandise required to be contained in such inventory,
(4) The applicant has added or permitted to be added to said sale or offered or permitted to be offered at said sale any goods, wares or merchandise not described in the original application and inventory, or
(5) The applicant made or permitted to be made any false, misleading or deceptive statements in advertising said sale, whether written or oral, or in displaying, ticketing or pricing goods, wares or merchandise offered for sale.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-8. Notice of Denial, Refusal or Revocation of License; Judicial Review Thereof

Whenever the commissioner shall deny or refuse to issue a license or shall revoke any license, he shall make and enter an order to that effect and shall cause a copy of such order to be served in person or by certified mail, return receipt requested, on the applicant or person licensed by him as the case may be. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. Any person adversely affected by an order made and entered by the board is entitled to judicial review thereof. Such judicial review shall be in the circuit court for the county in which the sale is to be or is being conducted. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals of West Virginia. Legal counsel and services for the commissioner in appeal proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The commissioner, with the written approval of the Attorney General, may employ special counsel to represent the commissioner in a particular proceeding.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-9. Bond Required

No license shall be issued unless the applicant files with the commissioner a bond with corporate surety payable to the State of West Virginia conditioned upon the faithful observance of all the provisions of this article, the payment to any municipality or the state of all taxes due and owing or which may become due and the indemnifying of any purchaser at such sale who suffers any loss by reason of misrepresentation made in connection with such sale: Provided, That the aggregate liability of the surety for all breaches of the conditions of the bond shall in no event exceed the amount of said bond. The amount of said bond shall be determined as follows: Five percent of the first $100,000 of the retail value of all the goods, wares and merchandise to be offered at such sale, two percent of the next $400,000 and one percent of the balance. Said bond shall be approved as to form and sufficiency by the prosecuting attorney or his assistant of the county in which such sale is to be conducted.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-10. Branch Stores and Warehouses

If the applicant owns, conducts or operates more than one store or warehouse in connection with such store or warehouse specified in the application, the license issued will apply only to the one store or warehouse for which it was issued and no other store or warehouse may advertise or represent in any way that it is cooperating with or participating in any way in the licensed sale, nor shall the licensed store or warehouse or any person advertise or represent that any other person, store or warehouse is cooperating with or participating in the licensed sale. The licensed sale conducted by any store or warehouse of a chain or group of stores or warehouses shall be conducted solely at the location of the store or warehouse for which the license was obtained and no goods, wares or merchandise shall be brought from any other store or warehouse and placed on sale at the store or warehouse licensed to conduct a sale hereunder.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-11. Substitution, Addition and Commingling of Goods Voids License; Change of Time or Place of Sale; Certain Purchases Prohibited

(a) Any substitution for or addition to goods described in an inventory filed pursuant to this article or any change in the time or place for a sale conducted pursuant to this article shall be unlawful and shall void any license issued to conduct a sale pursuant to this article and such license shall be revoked.
(b) In the case of a sale licensed under this article conducted by any person licensed under this article in addition to conducting a business or selling other goods, wares or merchandise not included in the inventory accompanying the application, the goods to be sold at such sale shall be clearly and distinctly segregated, marked or identified and advertised, if at all, so that both on display and in advertising such goods may be readily distinguished from other stocks and their identity readily ascertained. Any commingling of such goods with other stocks of such person in such a manner as to cause the goods to lose their separate identity either on display or in advertising shall be unlawful.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-12. Copy of Application, Inventory and License to Be Posted; License to Be Referred to in Advertisements

A copy of the application for a license to conduct a sale under this article, including a copy of the inventory filed therewith, shall be posted in a conspicuous place in the sales room or place where the inventoried goods are to be sold so that the public may be informed of the facts relating to the goods before purchasing same. Any advertisement or announcement published in connection with the sale shall conspicuously show on its face the number of the license, the date of its expiration, and if applicable, the location where the business is to be resumed.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-13. Opening of a Similar Business Within One Year of Sale Prohibited

Opening of a business similar to the one for which the sale licensed pursuant to this article was conducted except the licensed "sale of goods damaged by fire, smoke or water" by the person, partner of a partnership, officer of an association, or principal stockholder of a corporation who or which conducted the sale upon the same premises within one year of the termination of the sale shall constitute a violation of this article. Every day in which business is conducted within the prohibited period of one year shall constitute a separate violation of this article.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-14. Records

(a) Suitable books and records concerning said sale shall be kept by the licensee for the duration of the licensed sale and one year thereafter and shall be open for inspection by the commissioner or his duly authorized representative.
(b) Upon the termination of a sale licensed hereunder the applicant shall within thirty days of such termination file a statement with the commissioner stating:
(1) The total retail value of the goods, wares or merchandise not disposed of during the sale, and
(2) The ultimate disposition thereof and if transferred to another, the name and address of the transferee.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-15. Penalties for Violations

Any person who shall violate any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $100 or by imprisonment not exceeding thirty days. Each day any sale is conducted in violation of the provisions of this article shall constitute and be a separate violation of the provisions of this article.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales › §47-11B-16. Severability

If any part or parts of this article shall be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the Constitutionality or validity of the remaining part or parts of this article. The Legislature hereby declares that it would have passed the remaining part or parts of this article if it had known that such part or parts would be declared unconstitutional or invalid.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11C. West Virginia Petroleum Products Franchise Act › §47-11C-2. Definitions

As used in this article:
(1) "Adult" means any person who is not a minor;
(2) "Dealer" means any person, other than an agent or employee of a producer, who is engaged in the retail sale of petroleum products under a franchise agreement as defined by this section;
(3) "Designated family member" means the adult spouse or the adult child or stepchild of the dealer or any other adult person related to the dealer by either the half or whole blood or the adult spouse of any other adult person, who has experience in the service station business and who, in the case of the dealer's death or retirement, is designated in the franchise agreement for a service station as the successor to the dealer's interest under the agreement and who shall become the dealer upon the completion of the succession;
(4) "Franchise" or "franchise agreement" means a written agreement between a producer and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the producer, or a written agreement between a producer and a dealer by which the dealer is granted the right to occupy premises owned, leased or controlled by the producer, for the purpose of engaging in the retail sale of petroleum products of the producer;
(5) "Good cause" means failure of the dealer to make good faith effort to comply with any material requirement of a franchise agreement;
(6) "Producer" means every person who produces, refines, manufactures, processes or otherwise alters any motor fuel and other petroleum products for sale or use in this state; and
(7) "Service station" means any filling station, store, garage or other place of business in this state for the retail sale of motor fuel and other petroleum products.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11C. West Virginia Petroleum Products Franchise Act › §47-11C-4. Disclosures to Prospective Dealers

A producer shall disclose in writing to any prospective dealer the following information, before any franchise is concluded:
(1) 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 producer, whichever is shorter;
(2) The name and last-known home address of the previous dealer or dealers for the last three years, or for and during the entire period for which the location has been supplied by the producer, whichever is shorter, and the reason or reasons for the termination of each dealer franchise;
(3) Any legally binding commitments for the sale, demolition or other disposition of the location;
(4) The training programs, if any, and the specified goods and services the producer will provide for and to the dealer;
(5) 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 producer, its subsidiaries, any other company or any advertising and promotional items that the dealer must accept;
(6) Full disclosure of all restrictions on the sale, transfer, renewal and termination of the agreement.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11C. West Virginia Petroleum Products Franchise Act › §47-11C-5a. Motor Fuel Franchise Agreements

(a) Effective July 1, 1983, every franchise agreement entered into between a producer and dealer shall contain provisions which comply with this section.
(b) A dealer shall have the right, effective upon his death or retirement, to have his interests under a franchise agreement assigned to a designated family member who has been approved by the producer in accordance with the producer's reasonable standards for personal and financial condition unless the producer shows that the designated family member no longer meets the reasonable standards set at the time of the previous approval. All franchise agreements shall contain a provision identifying the designated family member who is entitled to succeed to the interests of the dealer under the agreement upon his death or retirement. The foregoing shall not prohibit a producer from requiring as a condition to honoring the succession that the designated family member accept a trial franchise within thirty days of the dealer's death or retirement and that the designated family member attend a training program offered by the producer. As used herein, the term "trial franchise" shall have the same meaning as the same is defined in the federal petroleum marketing practices act (15 U.S.C., paragraph 2801, et seq.).
(c) A dealer and producer may mutually agree to change the designated family member entitled to succeed to the dealer's interests under a franchise agreement. The designated family member shall provide, upon the request of the producer, personal and financial data that is reasonably necessary to determine whether the succession shall be honored. The producer shall not be obligated to accept a designated family member under this subsection who does not meet the producer's reasonable standards, but any refusal to accept the designated family member as a successor dealer shall be given by the producer in writing to the dealer and shall fairly state the reason therefor.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11C. West Virginia Petroleum Products Franchise Act › §47-11C-6. Damages; Remedies

(1) Any producer or dealer, aggrieved by a violation of this article may bring an action for legal or equitable relief, including reasonable attorney fees, in the circuit court of the county in which the franchised premises are located.
(2) No action may be brought under the provisions of this article for a cause of action which arises more than two years prior to the date on which such action is brought.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11D. The Motion Picture Fair Competition Act › §47-11D-1. Purpose

The purpose of this article is to establish fair and open procedures for bidding and negotiating for the exhibition of motion pictures within this state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state; to promote fair and effective competition in that business; and to benefit the movie-going public by holding down admission prices to motion picture theatres, expanding the choice of motion pictures available to the public, and preventing exposure of the public to objectionable or unsuitable motion pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibiting it.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11D. The Motion Picture Fair Competition Act › §47-11D-2. Definitions

When used in this article, unless the context indicates otherwise:
(1) "Person" includes one or more individuals, partnerships, associations, societies, trusts or corporations.
(2) "Theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge.
(3) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
(4) "Exhibitor" means any person engaged in the business of operating one or more theatres.
(5) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(6) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture.
(7) "Bid" means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture.
(8) "License agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(9) "Trade screening" means the showing of a motion picture by a distributor, which showing is open to any of this state's exhibitors who are interested in exhibiting the motion picture.
(10) "Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture before that motion picture has been trade screened for this state's exhibitors.
(11) "Run" means 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 all exhibitions after the second run.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11D. The Motion Picture Fair Competition Act › §47-11D-3. Blind Bidding Prohibited; Invitation to Bid; Provisions of Article Waived as to Certain Exhibitors

(a) Blind bidding is hereby prohibited within the state. No bids may be returnable, no negotiations for the exhibition or licensing of a motion picture may take place, and no license agreement or any of its terms may be agreed to, for the exhibition of any motion picture within the state before that motion picture has been trade screened either within the state or, alternatively, at the local exchange serving the geographic area within the state for which bids have been invited.
(b) A distributor shall include in each invitation to bid for a motion picture for exhibition within the state, if such motion picture has not already been trade screened within the state, the date, time and place of the trade screening of the motion picture either within the state or alternatively, at the local exchange serving the geographic area within this state for which bids have been requested.
(c) A distributor shall provide reasonable and uniform notice to all exhibitors in each competitive market within the state of all trade screenings for that competitive market of motion pictures he is distributing.
(d) The provisions of this article are waived with respect to West Virginia exhibitors whose theatres are located within twenty miles of a state line of a state where a provision for prior trade screening before bidding has not been adopted, so long as theatres exist within the other state within twenty miles of the state line between that state and West Virginia and no further than twenty miles from at least one West Virginia exhibitor's theatre in the same competitive market. Any other purported waiver of the requirements of this article shall be void and unenforceable.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11D. The Motion Picture Fair Competition Act › §47-11D-4. Bidding Procedures

If bids are solicited from exhibitors for the licensing of a motion picture within the state, then:
(1) The invitation to bid shall specify (i) 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; (ii) the earliest availability date of the motion picture; (iii) the names of all exhibitors who are being solicited; (iv) the date and hour the invitation to bid expires; and (v) the location, including the address, where the bids will be opened, which shall be within the state, or at the local exchange serving the geographic area for which the bids have been requested.
(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.
(3) After being opened, bids shall be subject to examination by any 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. Bids shall be kept on file at the local exchange for a period of sixty days after acceptance, and may be examined by any competitive exhibitor during that period during the regular business hours of the local exchange.
(4) Once bids are solicited for a particular run, the distributor may subsequently license the picture only by bidding for that run and shall solicit rebids if he does not accept any of the submitted bids.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11E. Physicians Freedom of Practice Act › §47-11E-1. Definitions

As used in this article:
“Contract” means a written agreement between a physician and an employer.
“Covenant not to compete” means any contract that restricts the right of a physician to practice medicine in any geographic area of the state for any period of time following the expiration of the physician’s contract with his or her employer, or upon the termination of the physician’s contract by the physician’s employer.
“Employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.
“Person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization, limited liability corporation or any other legal entity.
“Physician” means a doctor of allopathic or osteopathic medicine who is fully licensed to practice medicine and surgery pursuant to the provisions of either article three or fourteen, chapter thirty of this code.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11E. Physicians Freedom of Practice Act › §47-11E-2. Limitation on Contractual Provisions in Physician Employment Contract

(a) A covenant not to compete contained in a contract between a physician and an employer shall be limited to not more than:
(1) One year in duration; and
(2) Thirty road miles from the physician’s primary place of practice with the employer.
(b) A covenant not to compete shall be void and unenforceable upon the termination of the physician’s employment by the employer.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11E. Physicians Freedom of Practice Act › §47-11E-3. Enforceability of Other Provisions

Provided that the contract does not state otherwise, nothing in this article limits the enforceability of:
(1) Provisions prohibiting a physician from taking any property, patient lists or records of the employer with him or her upon the termination or expiration of the contract;
(2) Provisions requiring a physician to repay an employer all or a portion of:
(A) A loan;
(B) Relocation expenses;
(C) A signing bonus;
(D) Remuneration to induce the physician to relocate or establish a physician practice in a specific geographic area; or
(E) Recruiting, education and training expenses;
(3) A nondisclosure provision relating to confidential information and trade secrets;
(4) A nonsolicitation provision with respect to patients and employees of the employer;
(5) A provision for liquidated damages; or
(6) Any other provision of a contract that is not in violation of law.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11E. Physicians Freedom of Practice Act › §47-11E-4. Exemptions to Limitations

The limitations set forth in this article do not apply to any of the following unless the contract terms provide otherwise:
(1) In the case where the physician has sold his or her business or practice in the form of a sale of assets, stock, membership interests or otherwise to his or her employer; or
(2) To contracts between physicians who are shareholders, owners, partners, members or directors of a health care practice.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11E. Physicians Freedom of Practice Act › §47-11E-5. Applicability

This article applies to any contract between a physician and his or her employer entered into, modified, renewed or extended on or after July 1, 2017: Provided, That the provisions of this article do not otherwise apply to or abrogate any contract in effect on or before June 30, 2017.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11F. Farm Equipment Dealer Contract Act › §47-11F-2. Definitions

(a) As used in this article, unless the context in which used clearly requires otherwise:
(1) "Agreement" or "contract" means a written or oral agreement or contract between a dealer and a supplier, by the terms of which the dealer is granted the right to sell the supplier's equipment and the dealer is required to order and maintain inventory from such supplier in excess of $10,000 at current net price.
(2) "Current net price" means the price listed in the supplier's price list in effect at the time an agreement is terminated, less any applicable discount allowed.
(3) "Dealer" means any person, firm, partnership, association, corporation or other business entity engaged in the business of selling, at retail, farm, construction, industrial or outdoor power equipment or any combination of the foregoing and who maintains a total inventory of new equipment and repair parts having an aggregate value of not less than $25,000 at current net price and who provides repair service for such equipment.
(4) "Inventory" means the tractors, implements, attachments, equipment, and repair parts that the dealer purchased from the supplier, including, but not limited to, any data processing hardware and software, special service tools, and business signs the supplier has required the dealer to purchase and maintain.
(5) "Net cost" means the price paid by the dealer to 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 and the reasonable cost of assembly incurred or performed by the dealer.
(6) "Supplier" means a wholesaler, manufacturer or distributor who enters into an agreement with a dealer and who supplies inventory to such dealer.
(7) "Termination" means the termination, cancellation, nonrenewal or discontinuation of an agreement.
(b) The terms "farm," "construction," "industrial" or "outdoor power," when used to refer to tractors, implements, attachments or repair parts shall have the meaning commonly used and understood among dealers and suppliers subject to this article.
2023 West Virginia Code › Chapter 47. Regulation of Trade › Article 11F. Farm Equipment Dealer Contract Act › §47-11F-3. Notice of Termination of Agreement or Contract

(a) The provisions of any agreement to the contrary notwithstanding, a supplier who terminates a contract or agreement with a dealer shall notify such dealer of the termination not less than six months prior to the effective date thereof: Provided, That the supplier may terminate the agreement at anytime after the occurrence of any of the following described events:
(1) The filing of a petition for bankruptcy or for receivership filed either by or against the dealer;
(2) The dealer defaults under a chattel mortgage or other security agreement between the dealer and the supplier;
(3) The dealer has made an intentional misrepresentation with the intent to defraud the supplier;
(4) The close out or sale or discontinuance of all or at least fifty percent of the dealer's business related to the handling of goods or products of the supplier;
(5) If the dealer is a partnership or corporation, the commencement of dissolution or liquidation, whether voluntary or involuntary of such dealer;
(6) 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;
(7) The 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 approval of the supplier. If the dealership is operated from more than one location, the involuntary termination of a manager at one or more branch locations without the prior written approval of the supplier shall not be grounds for termination of the dealership by the supplier;
(8) The revocation or discontinuance by a guarantor or of any guarantee of the dealer's present or future obligations to the supplier.
(b) The provisions of any agreement to the contrary notwithstanding, a dealer who terminates an agreement or contract with a supplier shall notify such supplier of the termination not less than six months prior to the effective date thereof.
(c) Any agreement or contract may also be terminated by the written mutual consent of the parties; and the effective date of such termination may be such as is mutually agreed upon by the parties.
(d) Notification under this section shall be in writing and shall be given by certified mail, return receipt requested, or by personal delivery to the recipient and the receipt thereof acknowledged in writing by such recipient. Any such notice of termination shall contain (i) a statement of intention to terminate the agreement; (ii) a statement of the reasons for such termination; and (iii) the date on which the termination is to take effect.