While certain franchise and other arrangements may operate to bring
the one to whom the franchise is granted into another enterprise (see
Sec. 779.232), section 3(r) contains a specific exception for certain
arrangements entered into by a retail or service establishment which is
under independent ownership. The specific exception in section 3(r)
reads as follows:
Provided, That, within the meaning of this subsection, a retail or
service establishment which is under independent ownership shall not be
deemed to be so operated or controlled as to be other than a separate
and distinct enterprise by reason of any arrangement, which includes,
but is not necessarily limited to, an agreement, (1) that it will sell,
or sell only, certain goods specified by a particular manufacturer,
distributor, or advertiser, (2) that it will join with other such
establishments in the same industry for the purpose of collective
purchasing, or (3) that it will have the exclusive right to sell the
goods or use the brand name of a manufacturer, distributor, or
advertiser within a specified area, or by reason of the fact that it
occupies premises leased to it by a person who also leases premises to
other retail or service establishments.
