A new personal sports mobile dealership may not be established nor may a personal sports mobile dealership be relocated, except as follows. [PL 1997, c. 473, §3 (NEW).]
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. The relevant market area is a radius of 30 miles around all other existing dealerships.
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.

[PL 1997, c. 473, §3 (NEW).]

Terms Used In Maine Revised Statutes Title 10 Sec. 1244

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Franchisee: means a personal sports mobile dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1242
  • Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a personal sports mobile dealer. See Maine Revised Statutes Title 10 Sec. 1242
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "wholesaler" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1242
  • New personal sports mobile: means a personal sports mobile that has not been sold previously to any person except a distributor or wholesaler or personal sports mobile dealer for resale. See Maine Revised Statutes Title 10 Sec. 1242
  • Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
  • Personal sports mobile dealer: means any person who sells or solicits or advertises the sale of new or used personal sports mobiles. See Maine Revised Statutes Title 10 Sec. 1242
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Good cause. In determining whether good cause has been established for not entering into or relocating an additional dealership for the same line make, the court shall take into consideration the existing circumstances, including, but not limited to:
A. The permanency of the investment of both the existing and proposed new personal sports mobile dealers; [PL 1997, c. 473, §3 (NEW).]
B. The effect on the retail new personal sports mobile business and the consuming public in the relevant market area; [PL 1997, c. 473, §3 (NEW).]
C. Whether it is injurious or beneficial to the public welfare for an additional new personal sports mobile dealership to be established; [PL 1997, c. 473, §3 (NEW).]
D. Whether the new personal sports mobile dealers of the same line make in that relevant market area are providing adequate competition and convenient consumer care for the personal sports mobiles of the line make in the market area, including the adequacy of personal sports mobile sales and service facilities, equipment, supply of personal sports mobile parts and qualified service personnel; [PL 1997, c. 473, §3 (NEW).]
E. Whether the establishment of an additional new personal sports mobile dealership would increase competition and therefore be in the public interest; and [PL 1997, c. 473, §3 (NEW).]
F. The effect on the establishing or relocating dealer as a result of not being permitted to establish or relocate. [PL 1997, c. 473, §3 (NEW).]

[PL 1997, c. 473, §3 (NEW).]

3. Mediation. A franchisee may not bring an action for recovery of damages or for equitable relief under this section until a franchisee has served upon the franchisor a written demand for nonbinding mediation and either the parties have engaged in such mediation in this State with an independent mediator or 60 days have passed from the franchisor’s receipt of notice of mediation, whichever occurs sooner. The service of the written notice of mediation tolls the running of any applicable statute of limitations for the subsequent 60-day period. A franchisor may not establish a new personal sports mobile dealership or relocate an existing sports mobile dealership within or into the relevant market area during this 60-day period. Notwithstanding any agreement or requirement to engage in nonbinding mediation, at the conclusion of the proceedings, the franchisee is entitled to file an action in any court in this State in accordance with section 1250?I. The results of nonbinding mediation are not admissible in the action.

[PL 2001, c. 246, §1 (NEW).]

For the purposes of this section, the reopening in a relevant market area of a new personal sports mobile dealership that has not been in operation for one year or more is deemed the establishment of an additional new personal sports mobile dealership. [PL 1997, c. 473, §3 (NEW).]
SECTION HISTORY

PL 1997, c. 473, §3 (NEW). PL 2001, c. 246, §1 (AMD).
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