California Vehicle Code 3063 – In determining whether good cause has been established for not …
In determining whether good cause has been established for not entering into a franchise or relocating an existing dealership of the same line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) Permanency of the investment.
Terms Used In California Vehicle Code 3063
- business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
- franchise: is a written agreement between two or more persons having all of the following conditions:
California Vehicle Code 331
- motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
- relevant market area: is a ny area within a radius of 10 miles from the site of a potential new dealership. See California Vehicle Code 507
- vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
(b) Effect on the retail motor vehicle business and the consuming public in the relevant market area.
(c) Whether it is injurious to the public welfare for an additional franchise to be established or an existing dealership to be relocated.
(d) Whether the franchisees of the same line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the line-make in the market area, which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel.
(e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest.
(f) For purposes of this section, the terms “motor vehicle dealership” and “dealership” shall have the same meaning as defined in Section 3062.
(Amended by Stats. 2013, Ch. 512, Sec. 11. (SB 155) Effective January 1, 2014.)