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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 todistribute goods or17provide servicesoperate 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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