407.817. Establishment or transfer of a new motor vehicle dealer, procedures for franchisor.
Establishment or transfer of a new motor vehicle dealer, proceduresfor franchisor.
407.817. 1. For purposes of this section, "relevant market area"means:
(1) For a proposed new motor vehicle dealer or a new motor vehicledealer who plans to relocate his or her place of business in a countyhaving a population which is greater than one hundred thousand, the areawithin a radius of six miles of the intended site of the proposed orrelocated dealer. The six-mile distance shall be determined by measuringthe distance between the nearest surveyed boundary of the existing newmotor vehicle dealer's principal place of business and the nearest surveyedboundary line of the proposed or relocated new motor vehicle dealer'sprincipal place of business; or
(2) For a proposed new motor vehicle dealer or a new motor vehicledealer who plans to relocate his or her place of business in a countyhaving a population which is not greater than one hundred thousand, thearea within a radius of ten miles of the intended site of the proposed orrelocated dealer, or the county line, whichever is closer to the intendedsite. The ten-mile distance shall be determined by measuring the distancebetween the nearest surveyed boundary line of the existing new motorvehicle dealer's principal place of business and the nearest surveyedboundary line of the proposed or relocated new motor vehicle dealer'sprincipal place of business.
2. As used in this section, "relocate" and "relocation" shall notinclude the relocation of a new motor vehicle dealer within two miles ofits established place of business.
3. Before a franchisor enters into a franchise establishing orrelocating a new motor vehicle dealer within a relevant market area wherethe same line-make is represented, the franchisor shall give written noticeto each new motor vehicle dealer of the same line-make in the relevantmarket area of its intention to establish an additional dealer or torelocate an existing dealer within that relevant market area.
4. Within thirty days after receiving the notice provided for insubsection 3 of this section, or within thirty days after the end of anyappeal procedure provided by the franchisor, a new motor vehicle dealer maybring an action pursuant to section 407.822 to determine whether good causeexists for the establishing or relocating of a proposed new motor vehicledealer.
5. 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 dealer is within two miles of the established place of businessof the closed dealership.
6. In determining whether good cause exists for establishing orrelocating an additional new motor vehicle dealer for the same line-make,the court shall take into consideration the existing circumstances,including, but not limited to, the following:
(1) Permanency of the investment;
(2) Effect on the retail motor vehicle business and the consumingpublic in the relevant market area;
(3) Whether it is injurious or beneficial to the public welfare;
(4) Whether the new motor vehicle dealers of the same line-make inthat relevant market area are providing adequate competition and convenientconsumer care for the motor vehicles of that line-make in the market area,including the adequacy of motor vehicle sales and qualified servicepersonnel;
(5) Whether the establishment or relocation of the new motor vehicledealer would promote 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 dealer of a denial of its relocationinto the relevant market area.
7. The remedies and relief available pursuant to section 407.835shall apply to this section.
(L. 2001 H.B. 575)(2009) Section is sole and exclusive authority for challenging the establishment of a new motor vehicle dealership under the Motor Vehicle Franchise Practices Act. Parktown Imports v. Audi of America, 278 S.W.3d 670 (Mo.banc).