190.0451 New motor vehicle dealer license -- Prohibition against licensing new dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year duration of prohibition. - Kentucky Statutes

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Page 1 of 1 190.0451 New motor vehicle dealer license -- Prohibition against licensing new dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year
duration of prohibition. (1) Except as provided in subsections (2) and (3) of this section, if a dealer licensed under this chapter has its franchise revoked by the manufacturer on or after January
1, 2009, for grounds other than those provided in KRS Chapter 190, the
commission shall not grant a new motor vehicle dealer license establishing a new
motor vehicle dealership, or relocating an existing new motor vehicle dealership,
within a ten (10) mile radius of a location at which a former licensed new motor
vehicle dealer for the same line make of new motor vehicles had its franchise
revoked. (2) If the manufacturer can show proof that the franchise was offered to the original franchisee at substantially similar terms as offered to other potential buyers, and the
original franchisee refused the offer, then the prohibition in subsection (1) of this
section shall not apply and the commission may grant a new motor vehicle dealer
license within the ten (10) mile radius described in subsection (1) of this section. (3) The prohibition against granting a new motor vehicle dealer license outlined in subsection (1) of this section shall remain in effect for ten (10) years from the date
of revocation of the original franchise by the manufacturer. Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 84, sec. 1, effective July 15, 2010.