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The Office of Retail Gasoline Sales is responsible for insuring that Delaware Retail Dealers sell motor fuel
and operate retail fuel outlets in accordance with 6 Del C c. 29.
A Retail Dealer, as defined by 6 Del C c. 29 § 2901(8), is "any person operating a service station, filling
station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any
vehicle propelled by an internal combustion engine".
Motor Fuel, as defined by 6 Del C c. 29 § 2901(6), "shall mean and include any substance or combination of
substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any
internal combustion engine and sold or used for that purpose".
A Retail Fuel Outlet, as defined by 6 Del C c. 29 § 2901(7), is "a place at which gasoline and oil
are stored and supplied to service station, filling station, store, garage or other place of business for the sale of motor fuel for
delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine".
Any individuals or business entities intending to sell gasoline in Delaware must obtain a Retail Dealer license from the
Office of Retail Gasoline Sales. To do so, a Retail Dealer license application must be submitted, along with a
non-refundable $5.00 application fee. The license must be renewed yearly, and is valid 12 months from July 1 to June 30.
If a retailer elects to sell or close a service station, the Office of Retail Gasoline Sales must be notified. 30 Del C
c. 51, §5124 states:
(a) Whenever a person ceases to engage in business as a distributor or retailer within this State by reason of the discontinuance
sale or transfer of the business of such distributor or retailer, the distributor or retailer shall notify the Department of
Transportation in writing at least 10 days prior to the time the discontinuance, sale or transfer takes effect. Such notice
shall give the date of discontinuance and, in the event of a sale or transfer of the business, the date thereof and the name and
address of the purchaser or transferee thereof. All taxes, penalties and interest under this chapter not yet due and payable
under the provisions of this chapter shall, notwithstanding such provisions, become due and payable concurrently with the
discontinuance, sale or transfer, and the distributor or retailer shall concurrently with such discontinuance, sale or transfer
make a report and pay all such taxes, interest and penalties, and surrender to the Department the license theretofore
issued to the distributor or retailer by the Department.
(b) Unless the notice provided for in subsection (a) of this section shall have been given to the Department of Transportation,
the purchaser or transferee shall be liable to this State for the amount of all taxes, penalties and interest under this chapter,
accrued against any such distributor or retailer so selling or transferring a business, on the date of such sale or transfer, but
only to the extent of the value of the property and business thereby acquired from such distributor or retailer.
(c) Whoever violates this section shall be fined not less than $50 nor more than $300 and the costs of the prosecution, or
imprisoned not more than 1 year, or both.
Key Compliance Areas:
- Fuel Testing. The Office of Retail Gasoline Sales is responsible for insuring that any motor fuel sold at retail or
intended to be sold at retail in the State of Delaware meets or exceeds the specifications of motor fuels as defined by the
American Society of Testing and Materials (ASTM). In order to determine whether or not these motor fuels meet the specifications,
fuel testing is performed. Such testing is typically performed as part of the routine compliance process. Fuel testing is also
performed when consumer complaints are received, due to automobile performance problems experienced after purchase of product from a
particular station.
- Manufacturer-Operated Stations. 6 Del C c. 29 § 2905 (a) states the following: "No manufacturer of petroleum products shall
open a major brand, secondary brand or unbranded retail gasoline outlet or service station in the State, that would be operated
by company personnel, a subsidiary company, or a commissioned agent". The Office of Retail Gasoline Sales routinely
verifies retail ownership structures, to insure that, unless legally authorized to do so, manufacturers (refiners) are
not operating stations as specified above.
- Assistance to Persons With Disabilities. 6 Del C c. 29 § 2912(a) requires retail stations that provide both
full and self service to dispense fuel from the self service pump, at self serve prices and during hours in which full service
is offered at those stations, to persons with disabilities. 6 Del C c. 29 § 2912(b) requires retail stations that
provide self service only to dispense fuel to persons with disabilities (unless the station is operating on a remote control
basis with only 1 employee, or someone able to provide refueling assistance is also in the vehicle). For more information,
please click on the "Pump Service Assistance to Disabled Motorists at Self and Full-Service Stations" link below.
Office of Retail Gasoline Sales Forms and Instructions
Assistance for the Disabled
For more information regarding the Office of Retail Gasoline Sales, please contact Transportation Services at 302.744.2715.
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