(a) A gasoline service station or establishment is one which is
typically a physically separate place of business engaged primarily
(``primarily'' meaning 50 percent or more) in selling gasoline and
lubricating oils to the general public at the station or establishment.
It may also sell other merchandise or perform minor repair work as an
incidental part of the business. (See S. Rept. 145, 87th Cong., first
session, p. 32.) No difference in application of the terms ``gasoline
service establishment'' and ``gasoline service station'' was intended by
Congress (see Senate Report cited above) and both carry the same
meaning.
(b) Under section 3(s)(5) of the prior Act and until February 1,
1969, under section 3(s)(1) of the amended Act, the covered enterprise
is always a single establishment--a gasoline service establishment, even
though such establishment may be a part of some larger enterprise for
purposes of other provisions of the ``enterprise'' coverage of the new
amendments. As noted above this term refers to what is commonly known as
a gasoline service station, a separate ``establishment.'' What
constitutes a separate establishment is discussed in Secs. 779.303
through 779.306. While receipts from incidental sales and services are
included and counted in determining the establishment's annual gross
volume of sales for purposes of enterprise coverage, the establishment's
primary source of receipts must be from the sale of gasoline and
lubricating oils. (See Senate Report cited above.) An establishment
which derives
the greater part of its income from the sales of goods other than
gasoline or lubricating oils will not be considered a ``gasoline service
establishment.'' The mere fact that an establishment has a gasoline pump
as an incidental part of other business activities in which it is
principally engaged does not constitute it ``a gasoline service
establishment'' within the meaning and for the purposes of these
sections.
