Cal. Corp. Code § 31011

Current through the 2023 Legislative Session.
Section 31011 - "Franchise fee" defined

"Franchise fee" means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business under a franchise agreement, including, but not limited to, any payment for goods and services.

However, the following shall not be considered the payment of a franchise fee:

(a) The purchase or agreement to purchase goods at a bona fide wholesale price if no obligation is imposed upon the purchaser to purchase or pay for a quantity of the goods in excess of that which a reasonable businessperson normally would purchase by way of a starting inventory or supply or to maintain a going inventory or supply.
(b) The payment of a reasonable service charge to the issuer of a credit card by an establishment accepting or honoring that credit card.
(c) Amounts paid to a trading stamp company under Chapter 3 (commencing with Section 17750) of Part 3 of Division 7 of the Business and Professions Code by a person issuing trading stamps in connection with the retail sale of merchandise or service.

Ca. Corp. Code § 31011

Amended by Stats 2002 ch 664 (AB 3034),s 54, eff. 1/1/2003.