As used in this sub-chapter, the following definitions apply:

(1) "Agency store" means a liquor store operated by an agent.

(2) "Agent" means a person, partnership, or corporation that markets liquor on a commission basis under an agency agreement with the department and provides all the resources, including personnel and store premises, needed to market liquor under the agreement.

(3) "Average commission percentage" means the simple average of the commission percentage of agents with similar gross sales volumes.   This percentage is calculated by adding the commission percentages of all agents with similar gross sales volumes and dividing by the number of agents with similar gross sales volumes.

(4) "Community boundary" means:

(a) in the case of an incorporated city or town, the city or town limits; and

(b) in other communities, the generally recognized and commonly accepted outer edge of the community.

(5) "Gross sales volume" means an agency liquor store's purchases at posted price as defined in 16-1-106, MCA.

(6) "Minimum qualified petitioners" means the number of adults who reside in the community which number equals 5% of the community population as determined in the most recently available census estimate for the community or 20 adults who reside in the community if 5% of the community population is less than 20.

(7) "New state agency liquor store" means a state agency liquor store that begins operation in a community that has not had a state agency liquor store in operation for one or more years.

(8) "Sales band" means a group of agents with similar gross sales volumes.