Relevant market area for motorcycle and all-terrain vehiclefranchises, definitions.
407.1035. 1. For purposes of this section, "relevant market area"means:
(1) For a proposed franchisee or franchisee who plans to relocate his orher place of business in a county having a population which is greater thanone hundred thousand, the area within a radius of ten miles of the intendedsite of the proposed or relocated franchisee. The ten-mile distance shall bedetermined by measuring the distance between the nearest surveyed boundary ofthe existing franchisee's principal place of business and the nearest surveyedboundary line of the proposed or relocated franchisee's principal place ofbusiness; or
(2) For a proposed franchisee or a franchisee who plans to relocate hisor her place of business in a county having a population which is not greaterthan one hundred thousand, the area within a radius of twenty miles of theintended site of the proposed or relocated franchisee, or the county line,whichever is closer to the intended site. The twenty-mile distance shall bedetermined by measuring the distance between the nearest surveyed boundaryline of the existing franchisee's principal place of business and the nearestsurveyed boundary line of the proposed or relocated franchisee's principalplace of business.
2. As used in this section, "relocate" and "relocation" shall notinclude the relocation of a franchisee within two miles of its establishedplace of business.
3. As used in this section, "motor vehicle" shall include motorcyclesand all-terrain vehicles as defined in section 407.1025.
4. Before a franchisor enters into a franchise establishing orrelocating a franchisee within a relevant market area where the same line-makeis represented, the franchisor shall give written notice to each franchisee ofthe same line-make in the relevant market area of its intention to establishan additional franchisee or to relocate an existing franchisee within thatrelevant market area.
5. Within thirty days after receiving the notice provided for insubsection 4 of this section, or within thirty days after the end of anyappeal procedure provided by the franchisor, a franchisee may bring an actionpursuant to section 407.1031 to determine whether good cause exists for theestablishing or relocating of a proposed franchisee.
6. This section shall not apply to the reopening or replacement in arelevant market area of a closed dealership that has been closed within thepreceding year, if the established place of business of the reopened orreplacement franchisee is within two miles of the established place ofbusiness of the closed dealership.
7. In determining whether good cause exists for establishing orrelocating an additional franchisee for the same line-make, the court shalltake into consideration the existing circumstances, including but not limitedto the following:
(1) Permanency of the investment;
(2) Effect on the retail motor vehicle business and the consuming publicin the relevant market area;
(3) Whether it is injurious or beneficial to the public welfare;
(4) Whether the franchisees of the same line-make in that relevantmarket area are providing adequate competition and convenient consumer carefor the motor vehicles of that line-make in the market area, including theadequacy of the motor vehicle sales and qualified service personnel;
(5) Whether the establishment or relocation of the franchisee wouldpromote competition;
(6) Growth or decline of the population and the number of new motorvehicle registrations in the relevant market area; and
(7) Effect on the relocating franchisee of a denial of its relocationsinto the relevant market area.
8. The remedies and relief available pursuant to section 407.1049 shallapply to this section.
Relevant market area for motorcycle and all-terrain vehiclefranchises, definitions.
407.1035. 1. For purposes of this section, "relevant market area"means:
(1) For a proposed franchisee or franchisee who plans to relocate his orher place of business in a county having a population which is greater thanone hundred thousand, the area within a radius of ten miles of the intendedsite of the proposed or relocated franchisee. The ten-mile distance shall bedetermined by measuring the distance between the nearest surveyed boundary ofthe existing franchisee's principal place of business and the nearest surveyedboundary line of the proposed or relocated franchisee's principal place ofbusiness; or
(2) For a proposed franchisee or a franchisee who plans to relocate hisor her place of business in a county having a population which is not greaterthan one hundred thousand, the area within a radius of twenty miles of theintended site of the proposed or relocated franchisee, or the county line,whichever is closer to the intended site. The twenty-mile distance shall bedetermined by measuring the distance between the nearest surveyed boundaryline of the existing franchisee's principal place of business and the nearestsurveyed boundary line of the proposed or relocated franchisee's principalplace of business.
2. As used in this section, "relocate" and "relocation" shall notinclude the relocation of a franchisee within two miles of its establishedplace of business.
3. As used in this section, "motor vehicle" shall include motorcyclesand all-terrain vehicles as defined in section 407.1025.
4. Before a franchisor enters into a franchise establishing orrelocating a franchisee within a relevant market area where the same line-makeis represented, the franchisor shall give written notice to each franchisee ofthe same line-make in the relevant market area of its intention to establishan additional franchisee or to relocate an existing franchisee within thatrelevant market area.
5. Within thirty days after receiving the notice provided for insubsection 4 of this section, or within thirty days after the end of anyappeal procedure provided by the franchisor, a franchisee may bring an actionpursuant to section 407.1031 to determine whether good cause exists for theestablishing or relocating of a proposed franchisee.
6. This section shall not apply to the reopening or replacement in arelevant market area of a closed dealership that has been closed within thepreceding year, if the established place of business of the reopened orreplacement franchisee is within two miles of the established place ofbusiness of the closed dealership.
7. In determining whether good cause exists for establishing orrelocating an additional franchisee for the same line-make, the court shalltake into consideration the existing circumstances, including but not limitedto the following:
(1) Permanency of the investment;
(2) Effect on the retail motor vehicle business and the consuming publicin the relevant market area;
(3) Whether it is injurious or beneficial to the public welfare;
(4) Whether the franchisees of the same line-make in that relevantmarket area are providing adequate competition and convenient consumer carefor the motor vehicles of that line-make in the market area, including theadequacy of the motor vehicle sales and qualified service personnel;
(5) Whether the establishment or relocation of the franchisee wouldpromote competition;
(6) Growth or decline of the population and the number of new motorvehicle registrations in the relevant market area; and
(7) Effect on the relocating franchisee of a denial of its relocationsinto the relevant market area.
8. The remedies and relief available pursuant to section 407.1049 shallapply to this section.
Relevant market area for motorcycle and all-terrain vehiclefranchises, definitions.
407.1035. 1. For purposes of this section, "relevant market area"means:
(1) For a proposed franchisee or franchisee who plans to relocate his orher place of business in a county having a population which is greater thanone hundred thousand, the area within a radius of ten miles of the intendedsite of the proposed or relocated franchisee. The ten-mile distance shall bedetermined by measuring the distance between the nearest surveyed boundary ofthe existing franchisee's principal place of business and the nearest surveyedboundary line of the proposed or relocated franchisee's principal place ofbusiness; or
(2) For a proposed franchisee or a franchisee who plans to relocate hisor her place of business in a county having a population which is not greaterthan one hundred thousand, the area within a radius of twenty miles of theintended site of the proposed or relocated franchisee, or the county line,whichever is closer to the intended site. The twenty-mile distance shall bedetermined by measuring the distance between the nearest surveyed boundaryline of the existing franchisee's principal place of business and the nearestsurveyed boundary line of the proposed or relocated franchisee's principalplace of business.
2. As used in this section, "relocate" and "relocation" shall notinclude the relocation of a franchisee within two miles of its establishedplace of business.
3. As used in this section, "motor vehicle" shall include motorcyclesand all-terrain vehicles as defined in section 407.1025.
4. Before a franchisor enters into a franchise establishing orrelocating a franchisee within a relevant market area where the same line-makeis represented, the franchisor shall give written notice to each franchisee ofthe same line-make in the relevant market area of its intention to establishan additional franchisee or to relocate an existing franchisee within thatrelevant market area.
5. Within thirty days after receiving the notice provided for insubsection 4 of this section, or within thirty days after the end of anyappeal procedure provided by the franchisor, a franchisee may bring an actionpursuant to section 407.1031 to determine whether good cause exists for theestablishing or relocating of a proposed franchisee.
6. This section shall not apply to the reopening or replacement in arelevant market area of a closed dealership that has been closed within thepreceding year, if the established place of business of the reopened orreplacement franchisee is within two miles of the established place ofbusiness of the closed dealership.
7. In determining whether good cause exists for establishing orrelocating an additional franchisee for the same line-make, the court shalltake into consideration the existing circumstances, including but not limitedto the following:
(1) Permanency of the investment;
(2) Effect on the retail motor vehicle business and the consuming publicin the relevant market area;
(3) Whether it is injurious or beneficial to the public welfare;
(4) Whether the franchisees of the same line-make in that relevantmarket area are providing adequate competition and convenient consumer carefor the motor vehicles of that line-make in the market area, including theadequacy of the motor vehicle sales and qualified service personnel;
(5) Whether the establishment or relocation of the franchisee wouldpromote competition;
(6) Growth or decline of the population and the number of new motorvehicle registrations in the relevant market area; and
(7) Effect on the relocating franchisee of a denial of its relocationsinto the relevant market area.
8. The remedies and relief available pursuant to section 407.1049 shallapply to this section.
