California Vehicle Code 3073 – In determining whether good cause has been established for not …
In determining whether good cause has been established for not entering into a recreational vehicle franchise or relocating an existing dealership of the same recreational vehicle line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) The permanency of the investment.
Terms Used In California Vehicle Code 3073
- 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
- recreational vehicle franchise: is a written agreement between two or more persons having both of the following conditions:
California Vehicle Code 331.3
- 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) The effect on the retail recreational vehicle business and the consuming public in the relevant market area.
(c) Whether it is injurious to the public welfare for an additional recreational vehicle franchise to be established or an existing dealership be relocated.
(d) Whether the franchisees of the same recreational vehicle line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the recreational vehicle line-make in the market area. In making this determination, the board shall consider the adequacy of recreational vehicle sales and, if required by the franchise, 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.
(Amended by Stats. 2015, Ch. 407, Sec. 9. (AB 759) Effective January 1, 2016.)