An Act To Modify Franchise Territories for Personal Sports Mobile Dealerships
Maine Legislature, Session 126, LD 1217
Committee: Labor, Commerce, Research and Economic Development
Sponsors: JONES
Amends: 10 MRSA §1244

Legislative Document 
No. 1217 
H.P. 862 
House of Representatives, March 26, 2013 
An Act To Modify Franchise Territories for Personal Sports Mobile 
Dealerships 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative JONES of Freedom. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §1244, sub-§1, as enacted by PL 1997, c. 473, §3, is amended 
to read: 
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 and 
municipalities that are contiguous to these cities.  The relevant market area is a radius of 
miles around all other existing dealerships, except that the relevant market area is a 
radius of 15 miles around an existing dealership with respect to a manufacturer seeking to 
establish a new dealership or relocate a dealership that does not sell all the same products 
as the existing dealership. 
If a manufacturer seeks to add a line make to a dealership the manufacturer has an 
agreement with and the dealership was in business as of January 1, 1997, the additional 
line make is not subject to the distribution restrictions under this section. 
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. 
SUMMARY 
This bill exempts from the 30-mile radius requirement in current law that applies in 
most municipalities with respect to adding a new personal sports mobile dealership near 
an existing dealership the addition of a new personal sports mobile dealership or the 
relocation of an existing new personal sports mobile dealership when there are no 
existing dealerships selling all the same products within 15 miles around the new 
dealership to be added.