§ 13-35-306. Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.

In 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; (b) equipment; (c) supply of vehicle parts; and (d) qualified service personnel.