13-75-201. Franchisee religious day operation protection.
(1) Except as provided in Subsection, when a franchisee asserts a sincerely held religious belief, a franchisor may not: (2) unilaterally impose a religious day operation requirement; require a franchisee to accept a religious day operation requirement as a part of an amendment to the franchise agreement; or refuse to renew a franchise agreement based solely on a franchisee's failure to comply with a religious day operation requirement.
(2) Subsectiondoes not apply when: (1) the original franchise agreement provides a religious day operation requirement; the franchisee agrees through a renewal or an amendment to the franchise agreement to a religious day operation requirement; or 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 Subsectionare not transferable. (1)
(4) If a court with jurisdiction finds reasonable cause to believe that a franchisor violated Subsection, the court may order: (1) actual damages, reasonable attorney fees, and costs to the franchisee; a permanent or temporary injunction, a temporary restraining order, or other appropriate order; and civil penalties against the franchisor in an amount not exceeding: $10,000 for a first violation; $25,000 for a second violation within three years after the day on which the franchisee filed the complaint for the first violation; or $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.