HP0862
LD 1217
Session - 126th Maine Legislature
 
LR 784
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Modify Franchise Territories for Personal Sports Mobile Dealerships

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA §1244, sub-§1,  as enacted by PL 1997, c. 473, §3, is amended to read:

1. Notification.   If a manufacturer seeks to enter into a franchise establishing an additional new personal sports mobile dealership or relocating an existing new personal sports mobile dealership, within or into a relevant market area where the same line make is already represented, the manufacturer shall, in writing, first notify each new personal sports mobile dealer in the line make in the relevant market area of the intention to establish an additional dealership or to relocate an existing dealership within or into that market area. The relevant market area is a radius of 15 miles around an existing dealership in the following cities: Augusta, Auburn, Bangor, Biddeford, Brewer, Falmouth, Lewiston, Portland, Saco, South Portland, Waterville and Westbrook and municipalities that are contiguous to these cities. The relevant market area is a radius of 30 miles around all other existing dealerships , except that the relevant market area is a radius of 15 miles around an existing dealership with respect to a manufacturer seeking to establish a new dealership or relocate a dealership that does not sell all the same products as the existing dealership.

If a manufacturer seeks to add a line make to a dealership the manufacturer has an agreement with and the dealership was in business as of January 1, 1997, the additional line make is not subject to the distribution restrictions under this section.

Within 30 days of receiving the notice or within 30 days after the end of any appeal procedure provided by the manufacturer, any such new personal sports mobile dealership may file a complaint in the Superior Court of the county in which the dealership is located, protesting the establishment or relocation of the proposed new personal sports mobile dealership. When such a complaint is filed, the manufacturer may not establish or relocate the proposed new personal sports mobile dealership until a hearing has been held on the merits, nor thereafter if the court determines that there is good cause for not permitting the proposed new personal sports mobile dealership.

summary

This bill exempts from the 30-mile radius requirement in current law that applies in most municipalities with respect to adding a new personal sports mobile dealership near an existing dealership the addition of a new personal sports mobile dealership or the relocation of an existing new personal sports mobile dealership when there are no existing dealerships selling all the same products within 15 miles around the new dealership to be added.


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