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House Journal: Page 666: Tuesday, March 18, 1997

 3   following:
 4     "Section 1.  Section 523H.1, Code 1997, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  2A.  "Food establishment" means
 7   food establishment, as defined by section 137A.1, or
 8   food service establishment, as defined by section
 9   137B.2, including outlets and carry-out stores.
10     Sec. ___.  Section 523H.1, subsection 3, paragraph
11   a, Code 1997, is amended to read as follows:
12     a.  "Franchise" means either of the following:
13     (1)  An oral or written agreement with respect to a
14   food establishment, either express or implied, which
15   provides all of the following:
16     (a)  Grants the right to distribute goods or
17   provide services operate a food establishment under
a
18   marketing plan prescribed or suggested in substantial
19   part by the franchisor.
20     (b)  Requires payment of a franchise fee to a
21   franchisor or its affiliate.
22     (c)  Allows the franchise food establishment
23   business to be substantially associated with a
24   trademark, service mark, trade name, logotype,
25   advertisement, or other commercial symbol of or
26   designating the franchisor or its affiliate.
27     (2)  A master food establishment franchise.
28     Sec. ___.  Section 523H.1, subsection 3, paragraph
29   c, Code 1997, is amended by striking the paragraph."
30     2.  Page 1, by inserting after line 13 the
31   following:  ""Franchise" does not include a food
32   establishment franchise subject to chapter 523H."
33     3.  Page 3, by striking line 15.
34     4.  Title page, by striking line 4 and inserting
35   the following:  "providing for the regulation of
36   certain food franchise establishments."
37     5.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 39, nays 52.
Amendment H-1207 lost.
Kremer of Buchanan asked and received unanimous consent to
withdraw amendment H-1165 filed by him on March 13, 1997.
Heaton of Henry asked and received unanimous consent to withdraw
amendments H-1185 and H-1186, filed by him on March 17, 1997.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendments H-1187 and H-1188, filed by him on March 17,
1997.

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