13-75-201. Franchisee religious day operation protection.
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Effective 3/17/2025
13-75-201. Franchisee religious day operation protection.
(1)Except as provided in Subsection
(2), when a franchisee asserts a sincerely held religious belief, a franchisor may not:
(a)unilaterally impose a religious day operation requirement;
(b)require a franchisee to accept a religious day operation requirement as a part of an amendment to the franchise agreement; or
(c)refuse to renew a franchise agreement based solely on a franchisee's failure to comply with a religious day operation requirement.
(2)Subsection
(1)does not apply when:
(a)the original franchise agreement provides a religious day operation requirement;
(b)the franchisee agrees through a renewal or an amendment to the franchise agreement to a religious day operation requirement; or
(c)the franchisor and the franchisee enter into a franchise agreement to develop an additional franchise location that contains a religious day operation requirement.
(3)The protections provided in Subsection
(1)are not transferable.
(4)If a court with jurisdiction finds reasonable cause to believe that a franchisor violated Subsection
(1), the court may order:
(a)actual damages, reasonable attorney fees, and costs to the franchisee;
(b)a permanent or temporary injunction, a temporary restraining order, or other appropriate order; and
(c)civil penalties against the franchisor in an amount not exceeding:
(i)$10,000 for a first violation;
(ii)$25,000 for a second violation within three years after the day on which the franchisee filed the complaint for the first violation; or
(iii)$50,000 for a violation subsequent to a second violation within five years after the day on which the franchisee filed the complaint for the first violation.
Enacted by Chapter 32 , 2025 General Session