| (1) |
| (a) | "Business opportunity" means an arrangement under which a person:
| (i) | sells or leases a product, equipment, a supply, or a service:
| (A) | upon payment of initial required consideration of at least $500; and |
| (B) | for the purpose of enabling the buyer or lessee to start a business; and |
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| (ii) | represents to the buyer or lessee that:
| (A) | the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee; |
| (B) | the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person; |
| (C) | the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or |
| (D) | the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. |
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| (b) | "Business opportunity" does not include:
| (i) | the sale of an ongoing business when the owner of that business sells and intends to sell only that one business; or |
| (ii) | not-for-profit sale of sales demonstration equipment, materials, or samples for a total price of $500 or less. |
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