(a) Section 3(r) of the Act provides, in pertinent part that
``enterprise'' as used in the Act:
means the related activities performed (either through unified
operation or common control) by any person or persons for a common
business purpose, and includes all such activities whether performed in
one or more
establishments or by one or more corporate or other organizational units
including departments of an establishment operated through leasing
arrangements, but shall not include the related activities performed for
such enterprise by an independent contractor: 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, (a) that it will sell, or sell only, certain
goods specified by a particular manufacturer, distributor, or
advertiser, or (b) that it will join with other such establishments in
the same industry for the purpose of the collective purchasing, or (c)
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 * * *
The scope and application of this definitional language is discussed in
subpart C of this part.
(b) The 1966 amendments added two clauses to the above language of
the definition to make it clear that ``the activities performed by any
person or persons'' will be regarded as performed for a business purpose
if they are performed:
(1) In connection with the operation of a hospital, an institution
primarily engaged in the care of the sick, the aged, the mentally ill or
defective who reside on the premises of such institution, a school for
mentally or physically handicapped or gifted children, an elementary or
secondary school, or an institution of higher education (regardless of
whether or not such hospital, institution, or school is public or
private or operated for profit or not for profit); or
(2) In connection with the operation of a street, suburban, or
interurban electric railway, or local trolley or motorbus carrier, if
the rates and services of such railway or carrier are subject to
regulation by a State or local agency (regardless of whether or not such
railway or carrier is public or private or operated for profit or not
for profit).
A discussion of the scope and application of this added language is
contained in part 776 of this chapter.
