Section 13-35-306 - Evidence to be considered in determining cause to relocate existing francliisee or establish a new franchised dealershipIn determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the executive director shall consider:
(1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees;(2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements;(3) the permanency of the existing and proposed investment;(4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established; and(5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the powersport vehicles of the line-make, which shall include the adequacy of: (a) the powersport vehicle sale and service facilities;(c) supply of vehicle parts; and(d) qualified service personnel.Amended by Chapter 507, 2024 General Session ,§ 29, eff. 10/1/2024.Amended by Chapter 268, 2005 General Session.