reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.03 — Contract Regulation.

80D.03 CONTRACT REGULATION.
Subdivision 1.
Required filings.
A provider shall not enter into a contract that requires or permits the payment of an entrance fee in consideration for a promise to provide continuing care in the facility, if the facility is or will be located in this state, or if the provider or a person acting on the provider's behalf solicits the contract within this state and the person to be provided with continuing care under the contract resides within this state at the time of the solicitation, unless the provider has filed in the office of the county recorder of the county in which the facility is or will be located, a current disclosure statement which meets the requirements of section 80D.04, a verified statement of the escrow agent to the effect that the escrow required by section 80D.05 or 80D.06 has been established, and a filing fee in the amount of $100 has been paid.
Subd. 2.
Acts constituting solicitation in state.
A contract to provide continuing care is solicited in this state if, during the 12-month period preceding the date the contract is signed or accepted by either party, information concerning the facility or availability of the contract is given:
(a) by personal, telephone or mail contact or other communication directed to and received by a person at a location in this state; or
(b) in a paid advertisement published or broadcast from within this state other than in a periodical more than two-thirds of the circulation of which is outside this state.
Subd. 3.
[Repealed, 1981 c 135 s 14]
Subd. 4.
[Repealed, 1981 c 135 s 14]
History:
1980 c 516 s 5; 1981 c 135 s 4
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.06 — Reserve Fund Escrow.

80D.06 RESERVE FUND ESCROW.
Subdivision 1.
Escrow account; release of funds.
At the time a facility is first occupied by any resident and thereafter, the provider shall establish and maintain on a current basis, in escrow with a bank or trust company having its principal place of business in this state, as an escrow agent, a portion of all entrance fees received by the provider in an aggregate amount of up to the total of all principal and interest payments due during the next 12 months on account of any first mortgage loan or other long-term financing of the facility. The funds in the escrow account may be invested with the earnings thereon payable to the provider. If the provider requests and sets forth its reasons in writing, the escrow agent shall release up to 1/12 of the original principal balance of the escrow account. A release of funds shall not be made more than once during any calendar month, and then only after the escrow agent has given written notice of the release and the reasons therefor to any resident or association of residents, or the legal representative of a resident or association of residents, that has requested it at least ten days prior to the release.
Any person or affiliate of any person that controls any part of the reserve escrow fund comprised in part or totally of funds removed from the provider's resources, is liable for the debts of the provider up to the amount of the provider's contribution to the fund plus any prorated interest the fund may earn.
Subd. 2.
Facilities established prior to 1975.
In those instances where a provider has been offering continuing care in a facility since prior to January 1, 1975, the following shall apply. The provider shall establish a reserve escrow fund and shall contribute to it 15 percent of each new entrance fee received by the provider after December 31, 1981. The funds thereby received shall be permitted to accumulate until there is in the reserve fund an amount equal to the total of all principal and interest payments due during the next 12 months on account of any first mortgage loan or other long-term financing obligation of the facility.
History:
1980 c 516 s 8; 1981 c 135 s 7
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.07 — Entrance Fee Reimbursement After Occupancy.

80D.07 ENTRANCE FEE REIMBURSEMENT AFTER OCCUPANCY.
Any resident may terminate the residency agreement at any time after assuming residency. A residency agreement may not require more than 120 days' written notice by any resident desiring to terminate; nor require any additional fees for termination of residency.
The termination terms and provisions for reimbursement shall be stated in the residency agreement.
History:
1980 c 516 s 9; 1986 c 444
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.08 — Lien On Behalf Of Residents.

80D.08 LIEN ON BEHALF OF RESIDENTS.
Effective at the time a facility is first occupied by any resident, there shall exist a lien on the real and personal property of the provider or facility to secure the obligations of the provider pursuant to existing and future contracts for continuing care. A lien under this section is effective for a period of ten years. The lien may be foreclosed upon the liquidation of the facility or the insolvency or bankruptcy of the provider, and in that event the proceeds shall be used in full or partial satisfaction of obligations of the provider pursuant to contracts for continuing care then in effect.
History:
1980 c 516 s 10; 1981 c 135 s 8
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.09 — Revised Disclosure.

80D.09 REVISED DISCLOSURE.
Annually within 120 days following the end of the provider's fiscal year, the provider shall file with the county recorder of the county in which the facility is or will be located a revised disclosure statement setting forth, as of the end of the fiscal year, information meeting the requirements of section 80D.04, and pay a $100 filing fee. The revised disclosure statement shall include a narrative describing any material differences between (a) the pro forma income statements filed in response to section 80D.04, subdivision 1, clause (l) as a part of the disclosure statement filed most immediately subsequent to the start of the provider's most recently completed fiscal year and (b) the actual results of operations during the fiscal year together with the revised pro forma income statements being filed as a part of the revised disclosure statement. A provider may, upon payment of a $100 filing fee, revise its disclosure statement on file with the county recorder at any other time if, in the opinion of the provider, revision is necessary to prevent the disclosure statement from containing a material misstatement of fact or omitting to state a material fact required to be stated therein. Only the most recently filed disclosure statement with respect to a facility, and in any event only a disclosure statement dated within 120 days prior to the date as of which the determination is made, shall be deemed current for purposes of sections 80D.01 to 80D.16 or be delivered pursuant to section 80D.04. In addition, the provider shall make the revised disclosure statement available for inspection by residents during regular business hours.
History:
1980 c 516 s 11; 1981 c 135 s 9
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.13 — Civil Liability.

80D.13 CIVIL LIABILITY.
Subdivision 1.
Violations, misstatements, or omissions.
Any person who, as or on behalf of a provider, enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements of section 80D.04 to the person contracting for the continuing care, or enters into a contract for continuing care at a facility with a person who has relied on a disclosure statement that omits to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading, is liable to the person contracting for the continuing care for damages and repayment of all fees paid to the provider, facility or person violating sections 80D.01 to 80D.11, less the reasonable value of care and lodging provided to the resident by or on whose behalf the contract for continuing care was entered into prior to discovery of the violation, misstatement or omission or the time the violation, misstatement or omission should reasonably have been discovered, together with interest thereon at the legal rate for judgments, and court costs and reasonable attorney fees.
Subd. 2.
Knowledge of act required.
Liability under this section for any violation, misstatement or omission exists only if the provider or person liable knew or should have known of the violation, the misstatement or omission.
Subd. 3.
Other remedies.
Nothing contained in sections 80D.01 to 80D.16 shall be construed to limit the remedies a person has under any other law.
History:
1980 c 516 s 15; 1981 c 135 s 11; 1987 c 384 art 2 s 1
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.16 — Criminal Penalties.

80D.16 CRIMINAL PENALTIES.
Any person who willfully and knowingly violates any provision of sections 80D.03 to 80D.16 shall upon conviction be fined not more than $20,000 or imprisoned not more than 364 days, or both.
Nothing in sections 80D.03 to 80D.16 limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
History:
1980 c 516 s 18; 1981 c 135 s 12; 1984 c 628 art 3 s 11; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.19 — Annual Financial Statement Required.

80D.19 ANNUAL FINANCIAL STATEMENT REQUIRED.
A provider shall prepare and distribute an annual financial statement to the residents of a facility. The statement shall be prepared in accordance with generally accepted accounting principles and shall be distributed within four months of the end of the provider's fiscal year. The statement must reflect all of the income and expense attributable to the facility for the fiscal year covered. The statement must account for all receipts and disbursements from whatever source derived, to whatever source paid, arising from the operation of the facility.
All entrance and maintenance fees, actual interest received and paid, and loan proceeds received, and interest and principal paid thereon, must be accounted for whether or not included in separate accounts because of trust, escrow, or other requirements. Items of income and expense to be allocated between a facility and another accounting entity must be allocated in accordance with generally accepted accounting principles. The allocation must be noted in the statement. The statement must be in sufficient detail to be meaningful but must be easily readable by, and understandable to, a person of average intelligence and education. The statement must include comparable data for the fewer of: each of the last five years; or for each year since the first receipts or disbursements, arising out of the facility project. If comparable data does not exist and cannot be created for a past year, the variation must be noted and explained in the statement.
History:
1984 c 641 s 7
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80D — Continuing Care Facilities › Section 80D.20 — Residents' Review Of Budget; Monthly Statements.

80D.20 RESIDENTS' REVIEW OF BUDGET; MONTHLY STATEMENTS.
Subdivision 1.
Formation of association.
The residents of a facility may form a residents' association to deal with common interests related to their residency. The association may be organized in any way so long as each resident is given an equal opportunity to participate and an equal vote in the association's decisions including those delegating authority to the association's officers, board, and committees, if any.
Subd. 2.
Annual budget review.
Upon notification to it of the existence of a residents' association, the provider must present its annual budget to the association for comment before its adoption. The budget must be in sufficient detail to be meaningful, but must be readable by, and understandable to, a person of average intelligence and education. The budget must reflect the projected collection and disbursement of receipts of any kind, for any purpose by the provider, or any person related in business to the provider, attributable to residents of the facility, including interest income, and trust assets, during the budget year.
Subd. 3.
Review of monthly expenditure statements.
Throughout the budget year, the provider must give the association timely monthly statements of current income and expense showing year-to-date relationship to the annual budget, and explanations for a deviation from the budget. The association or its representative may comment on, or raise questions about, the monthly statements, to the provider.
Subd. 4.
Criminal penalties.
The penalty provisions of section 80D.16 shall apply to provider actions in Laws 1984, chapter 641, sections 2 and 3.
History:
1984 c 641 s 8
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.01 — Legislative Purpose And Intent.

80E.01 LEGISLATIVE PURPOSE AND INTENT.
The legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and license motor vehicle manufacturers, distributors or wholesalers, and factory or distributor representatives, and to regulate dealers of motor vehicles doing business in this state in order to prevent fraud, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this state.
History:
1981 c 59 s 2
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.02 — Applicability.

80E.02 APPLICABILITY.
The provisions of sections 80E.01 to 80E.17 shall apply to all new motor vehicle dealers and contracts existing between new motor vehicle dealers and manufacturers on May 1, 1981 and to all subsequent contracts between new motor vehicle dealers and manufacturers.
History:
1981 c 59 s 3
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.05 — Indemnification Required.

80E.05 INDEMNIFICATION REQUIRED.
Notwithstanding the terms of any franchise agreement to the contrary, it shall be a violation of sections 80E.01 to 80E.17 for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment for damages, including, but not limited to, those based on strict liability, negligence, misrepresentation, warranty (express or implied), or revocation of acceptance as is defined in section 336.2-608, where the complaint, claim, or lawsuit relates to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts or accessories or other functions by the manufacturer, beyond the control of the dealer. Indemnification under this section must include court costs, reasonable attorney fees, and expert witness fees incurred by the motor vehicle dealer.
History:
1981 c 59 s 6; 1991 c 69 s 3
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.06 — Cancellations, Terminations, Or Nonrenewals.

80E.06 CANCELLATIONS, TERMINATIONS, OR NONRENEWALS.
Subdivision 1.
Requirements.
Notwithstanding the terms of any franchise agreement or waiver to the contrary, no manufacturer shall cancel, terminate, or fail to renew any franchise relationship with a licensed new motor vehicle dealer unless the manufacturer has:
(a) satisfied the notice requirement of section 80E.08;
(b) acted in good faith as defined in section 80E.03, subdivision 9; and
(c) good cause for the cancellation, termination, or nonrenewal.
For the purposes of sections 80E.06 to 80E.09, a manufacturer includes a distributor. Any action by a manufacturer terminating a contractual relationship with a distributor is not effective to terminate existing valid franchises running from the distributor to new motor vehicle dealers unless the manufacturer follows the provisions of sections 80E.06 to 80E.09.
Subd. 2.
Circumstances constituting good cause.
Notwithstanding the terms of any franchise agreement or waiver to the contrary, good cause exists for the purposes of a termination, cancellation, or nonrenewal, when the new motor vehicle dealer fails to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship; provided, that the dealer has been notified in writing of the failure within 180 days after the manufacturer first acquired knowledge of the failure.
If failure by the new motor vehicle dealer relates to the performance of the new motor vehicle dealer in sales or service, then good cause shall be defined as the failure of the new motor vehicle dealer to comply with reasonable performance criteria established by the manufacturer; provided, that the new motor vehicle dealer was apprised by the manufacturer in writing of the failure; the notification stated that notice was provided for failure of performance pursuant to sections 80E.01 to 80E.17; the new motor vehicle dealer was afforded a reasonable opportunity in no event less than six months to comply with the criteria; and the dealer did not demonstrate substantial progress toward compliance with the manufacturer's performance criteria during the period.
To rebut allegations of good cause for a proposed termination, a dealer may present evidence including, but not limited to, a showing that the grounds for termination resulted from acts or circumstances beyond the control of the dealer and which were communicated to the manufacturer, or that in evaluating the dealer's compliance with reasonable sales criteria, the manufacturer failed to consider the dealer's sales of factory program vehicles. For the purposes of this subdivision, "factory program vehicle" means a vehicle of the current model year offered for sale and resold by the manufacturer directly or at a factory sponsored or authorized auction and purchased by a dealer holding a current franchise from the manufacturer for that same line make.
History:
1981 c 59 s 7; 1985 c 34 s 2; 1988 c 611 s 4; 1991 c 69 s 4
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.07 — Cancellation, Termination, Or Nonrenewal; Limitations.

80E.07 CANCELLATION, TERMINATION, OR NONRENEWAL; LIMITATIONS.
Subdivision 1.
Circumstances not constituting good cause.
Notwithstanding the terms of any franchise agreement or waiver to the contrary, the following examples represent circumstances which do not by themselves constitute good cause for the termination, cancellation, or nonrenewal of a franchise:
(a) a change of ownership of the new motor vehicle dealer's dealership. This paragraph does not authorize any change in ownership which would have the effect of the sale of the franchise without the manufacturer's or distributor's consent, but consent shall not in any case be unreasonably withheld. The burden of establishing the reasonableness is on the franchisor;
(b) the fact that the new motor vehicle dealer refused to purchase or accept delivery of any new motor vehicle parts, accessories, or any other commodity or services not ordered by the new motor vehicle dealer, other than parts necessary to conduct recall campaigns or perform warranty service;
(c) the fact that the new motor vehicle dealer owns, invests in, participates in the management of, holds a license for the sale of another make or line of new motor vehicle, or has established another make or line of new motor vehicle in the same dealership facilities as those of the manufacturer; provided, that the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicle, and that the new motor vehicle dealer remains in substantial compliance with the terms and conditions of the franchise and with any reasonable capital, credit, or facilities' requirements of the manufacturer; or
(d) a change in the location of the new motor vehicle dealership. This paragraph does not authorize a change in location without the manufacturer's or distributor's consent, but consent shall not in any case be unreasonably withheld. The burden of establishing reasonableness is on the franchisor.
Subd. 2.
Burden of proof.
The manufacturer has the burden of proving that it acted in good faith; that the notice requirements have been complied with; and that there was good cause for the franchise termination, cancellation, or nonrenewal.
History:
1981 c 59 s 8; 1982 c 452 s 2; 1988 c 611 s 5
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.08 — Notice Of Termination, Cancellation, Or Nonrenewal.

80E.08 NOTICE OF TERMINATION, CANCELLATION, OR NONRENEWAL.
Subdivision 1.
Requirements.
Notwithstanding the terms of any franchise agreement or waiver to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notice of the termination, cancellation, or nonrenewal to the new motor vehicle dealer as provided in subdivision 2.
Subd. 2.
Generally.
Notice shall be in writing and except as provided in subdivision 3 shall be given not less than 90 days prior to the effective date of the termination, cancellation, or nonrenewal.
Subd. 3.
Specific exceptions.
(a) At least 15 days' notice must be provided with respect to terminations, cancellations, or nonrenewals involving the following circumstances:
(1) conviction of or plea of nolo contendere of a franchised motor vehicle dealer, or one of its principal owners, of a crime which constitutes a felony as defined in section 609.02, subdivision 2;
(2) the business operations of the franchised motor vehicle dealer have been abandoned or closed for seven consecutive business days unless the closing is due to an act of God, strike or labor difficulty, or other cause over which the dealer has no control;
(3) a significant misrepresentation by the new motor vehicle dealer; or
(4) the suspension, revocation, or refusal to renew the franchised motor vehicle dealer's license pursuant to section 168.27.
(b) Not less than 180 days' notice must be provided prior to the effective date of cancellation, termination, or nonrenewal where the manufacturer or distributor is discontinuing the sale of the product line.
Subd. 4.
Contents and delivery.
The notice shall be sent by certified mail or personally delivered to the new motor vehicle dealer. The notice shall contain the following information:
(a) a statement of intention to terminate, cancel, or nonrenew the franchise;
(b) a statement of the reasons for the termination, cancellation, or nonrenewal; and
(c) the date on which the termination, cancellation, or nonrenewal takes effect.
History:
1981 c 59 s 9; 1988 c 611 s 6
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.135 — Waivers And Modifications Prohibited.

80E.135 WAIVERS AND MODIFICATIONS PROHIBITED.
Subdivision 1.
Prohibition.
No manufacturer, distributor, or factory branch shall, before entering into a franchise with a new motor vehicle dealer or during the franchise term, use any written instrument, agreement, or waiver, to attempt to nullify or modify any provision of this chapter or prevent a new motor vehicle dealer from bringing an action in a particular forum otherwise available under law. These instruments, agreements, and waivers are null and void.
Subd. 1a.
Site control agreements.
No manufacturer, distributor, or factory branch shall directly or indirectly condition the awarding of a franchise to a prospective new motor vehicle dealer, the addition of a line make or franchise to an existing dealer, the renewal of a franchise of an existing dealer, the approval of the relocation of an existing dealer's facility, or the approval of the sale or transfer of the ownership of a franchise on the willingness of a dealer, proposed new dealer, or owner of an interest in the dealership facility to enter into a site control agreement or exclusive use agreement. For purposes of this section, the terms "site control agreement" and "exclusive use agreement" include any agreement that has the effect of either:
(1) requiring that the dealer establish or maintain exclusive dealership facilities; or
(2) restricting the ability of the dealer, or the ability of the dealer's lessor in the event the dealership facility is being leased, to transfer, sell, lease, or change the use of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease the dealership facilities, option to purchase the dealership facilities, option to lease the dealership facilities, or other similar agreement, regardless of the parties to the agreement.
Any provision contained in any agreement that is inconsistent with the provisions of this subdivision is voidable at the election of the affected dealer or owner of an interest in the dealership facility. This subdivision does not limit the right of a manufacturer, distributor, factory branch, or importer to exercise a right of first refusal under section 80E.13, paragraph (j), to acquire a franchisee's assets or ownership in the event of a proposed sale or transfer of a franchise.
Subd. 2.
Applicability.
Subdivision 1a does not apply to a site control agreement or an exclusive use agreement if the agreement:
(1) is voluntarily entered into by the dealer or the dealer's lessor as described in subdivision 1a and its execution is not a condition of approval of a transaction by a manufacturer, distributor, or factory branch;
(2) clearly and conspicuously discloses that the agreement is voluntary; and
(3) provides for a separate consideration to the dealer or dealer's lessor.
History:
1988 c 611 s 9; 2009 c 34 s 5; 2010 c 339 s 4
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.15 — Manufacturers, Distributors, Factory Branches Acting As Lessors.

80E.15 MANUFACTURERS, DISTRIBUTORS, FACTORY BRANCHES ACTING AS LESSORS.
A manufacturer, distributor or factory branch acting in the capacity of lessor of buildings or facilities to a new motor vehicle dealer may not take any actions or include in a lease agreement relating to those buildings or facilities any provisions which would be in contravention of or prohibited by sections 80E.01 to 80E.17.
History:
1981 c 59 s 16
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.16 — Enforcement.

80E.16 ENFORCEMENT.
Subdivision 1.
Civil penalty.
Any person who violates section 80E.041, 80E.045, 80E.12, or 80E.13 shall be subject to a fine of not more than $2,000 for each violation. Any person who fails to comply with a final judgment or order rendered by a court of competent jurisdiction, issued for a violation of sections 80E.01 to 80E.17, shall be subject to a fine of not more than $25,000. The fines authorized by this subdivision shall be imposed in a civil action brought by the attorney general on behalf of the state of Minnesota, and shall be deposited into the state treasury.
Subd. 2.
Remedies cumulative.
Nothing in this section shall be construed to limit the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
History:
1981 c 59 s 17; 2018 c 203 s 5
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.17 — Civil Remedies.

80E.17 CIVIL REMEDIES.
Notwithstanding the terms of any franchise agreement or waiver to the contrary, any person whose business or property is injured by a violation of sections 80E.01 to 80E.17, or any person injured because of the refusal to accede to a proposal for an arrangement which, if consummated, would be in violation of sections 80E.01 to 80E.17, may bring a civil action to enjoin further violations and to recover the actual damages sustained, together with costs and disbursements, including reasonable attorney's fees.
History:
1981 c 59 s 18; 1986 c 444
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80E — Motor Vehicle Sale And Distribution › Section 80E.18 — No Retroactive Application.

80E.18 NO RETROACTIVE APPLICATION.
The provisions of this chapter shall not apply to any action to terminate or cancel a motor vehicle franchise if the notice to terminate or cancel was given prior to May 1, 1981. Any such action to terminate or cancel shall be governed by the laws and rules of the state of Minnesota in effect on the day notice to terminate or cancel was given.
History:
1982 c 452 s 9; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.01 — Definitions.

80F.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the following terms have the meanings given to them in this section.
Subd. 2.
Affiliate.
"Affiliate" means a person who controls, is controlled by, or is under common control with, any other person. Affiliate includes, without limitation, partners, business entities with common ownership, principals of any business entity, and subsidiaries, parent companies, or holding companies of any person.
Subd. 3.
Dealer.
"Dealer" means a person permitted to market motor vehicle fuel pursuant to a marketing agreement.
Subd. 4.
Facility.
"Facility" means the premises which, under a marketing agreement, are to be used by a dealer in connection with the sale, consignment, and distribution of motor vehicle fuel to the public for ultimate consumption.
Subd. 5.
Incentive; incentives.
"Incentive" or "incentives" means any rebates, volume credits, volume discounts, funds for construction, funds for reimaging, funds for equipment, funds for fixtures, funds for equipment or fixture upgrades, equipment, fixtures, or any other money or things of value provided by or passed through the supplier to a dealer and which are required by the terms of the agreement between the supplier and the dealer to be repaid by the dealer if the terms of the supply contract, whether oral or written, are not met.
Subd. 6.
Motor fuel marketing agreement; marketing agreement.
"Motor vehicle fuel marketing agreement" or "marketing agreement" means any contract, lease, or other agreement, whether that agreement is oral or written and whether it is express or implied, between a supplier or its affiliate and a dealer whereby a dealer is supplied motor vehicle fuel by a supplier or its affiliate for marketing from a facility under a brand name, trade name, service mark, logotype, or other commercial symbol or related characteristics owned or controlled by the supplier or its affiliate, or where the supplier or its affiliate authorizes or permits such use. The term includes any agreement between the supplier and its affiliate and the dealer to occupy or lease a facility, but does not include any agreement that meets the definition of a franchise under chapter 80C.
Subd. 7.
Person.
"Person" means a natural person, corporation, partnership, trust, or other legal entity.
Subd. 8.
Supplier.
"Supplier" means a person other than a refiner who supplies motor vehicle fuel to a dealer pursuant to a marketing agreement.
History:
2000 c 456 s 6
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.02 — Required Disclosures.

80F.02 REQUIRED DISCLOSURES.
Subdivision 1.
Form of disclosures.
The disclosures required by this section must be made in writing by the supplier or its affiliate to the dealer, and must be made either prior to the execution of any marketing agreement or as part of the marketing agreement itself.
Subd. 2.
Content of disclosures.
The supplier or its affiliate must disclose the following information to the extent it is known to the supplier or affiliate:
(1) the prior three-year motor vehicle fuel gallonage history of the premises, unless previously operated by the same dealer;
(2) the interest, by ownership, lease, or other means of control, of the supplier, an affiliate of the supplier, or any other person, in the facility;
(3) any plans for condemnation, roadway alteration, or other government action that would materially impact the dealer's occupation of the facility or the marketing of motor vehicle fuel from the facility;
(4) any agreements the supplier or affiliate may have to alter, sell, or otherwise dispose of the facility; and
(5) the name, current address, and current telephone number of all dealers who have occupied the facility in the three-year period before the disclosure is made.
History:
2000 c 456 s 7
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.04 — Elimination Of Service Bays Prohibited.

80F.04 ELIMINATION OF SERVICE BAYS PROHIBITED.
Subdivision 1.
Service bays.
For the purposes of this section, "service bay" means an enclosed area where automobile repairs are performed, including, but not limited to, lubrication, oil change, tire repair, battery charge, replacement of fan belts, hoses, and wiper blades.
Subd. 2.
Provision for elimination of service bays.
A marketing agreement that includes a lease of the facility to the dealer must provide that if the supplier eliminates one or more service bays during the term of the marketing agreement, the supplier must first pay to the dealer in cash an amount that fairly and adequately compensates the dealer for the loss of the service and repair business.
Subd. 3.
Waiver.
The provision required by subdivision 2 may not be waived or modified except in a writing signed by the dealer executed at least 30 days after the execution of the marketing agreement. The writing must be separate and independent from the marketing agreement, and shall eliminate the payment provisions of subdivision 2.
Subd. 4.
Limitations.
Nothing in this subdivision prohibits a supplier from altering, modifying, or remodeling a full-service station, without payment to the dealer, following the expiration of the franchise relationship based upon termination or nonrenewal of the franchise relationship in accordance with United States Code, title 15, section 2802(b)(3)(D).
History:
2000 c 456 s 9
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.05 — Hours Of Operation.

80F.05 HOURS OF OPERATION.
A supplier may set forth in a marketing agreement the required number of hours per day and days per week that the dealer must maintain the retail outlet open for business. However, the supplier shall not unreasonably withhold consent to a modification of such requirements where the dealer can demonstrate that the modification is reasonable based on a change of circumstances, including economic conditions.
History:
2000 c 456 s 10
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.06 — Other Businesses On Premises.

80F.06 OTHER BUSINESSES ON PREMISES.
The supplier may set forth in the marketing agreement any prohibitions and limitations on the conduct of any other businesses at the facility, including a charge for additional rent where another business is permitted and conducted. However, the supplier shall not unreasonably withhold consent to the performance of another business, impose unreasonable limitations on the dealer's ability to perform any other business, or charge an unreasonable rent for the conduct of another business, considering the fair rental value of the site and any imposition upon the supplier's business.
History:
2000 c 456 s 11
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.08 — Promotional Requirements.

80F.08 PROMOTIONAL REQUIREMENTS.
No dealer or supplier shall be required to use any promotion, premium, coupon, giveaway, or rebate. Except as otherwise provided by law, nothing herein shall be construed to prohibit voluntary participation in a promotion, premium, coupon, giveaway, or rebate.
History:
2000 c 456 s 13
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.09 — Disposition Of Product.

80F.09 DISPOSITION OF PRODUCT.
In the event of termination or nonrenewal of the marketing agreement, whether by mutual agreement or otherwise, the supplier shall purchase from the dealer products that were available for sale to the public at the facility and were purchased from the supplier, provided that the products are tendered by the dealer no later than 30 days from the date of the termination or nonrenewal of the marketing agreement. The payment for the products shall be the then current wholesale price of the products, minus a reasonable restocking fee for products moved by the supplier. The payment shall be reduced by any amount of indebtedness owed by the dealer to the supplier. If the dealer has in its possession on the date of termination any products which were supplied by the supplier which have not been paid for in full, the dealer at its expense shall, within 30 days of the termination or nonrenewal of the marketing agreement, transfer to the supplier all of such products in a merchantable condition. The provisions of this section are subject to valid liens against the products by or on behalf of other creditors of the dealer.
History:
2000 c 456 s 14
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.10 — Free Association.

80F.10 FREE ASSOCIATION.
No supplier shall restrict or prohibit, directly or indirectly, the right of free association among dealers for any lawful purpose. No dealer shall restrict or prohibit, directly or indirectly, the right of free association among suppliers for any lawful purpose.
History:
2000 c 456 s 15
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.11 — Release And Waiver.

80F.11 RELEASE AND WAIVER.
No party to a marketing agreement shall require as a condition of entering into the marketing agreement that the other party assent to a release or waiver of any rights provided by this chapter, or include in a marketing agreement a release of claims. Any such waiver or release is void. The right of either party to the interposition of counterclaims or crossclaims shall not be waived by the marketing agreement, and any such provision is void.
History:
2000 c 456 s 16
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.12 — Security Deposit.

80F.12 SECURITY DEPOSIT.
A security deposit shall not be required except for the purpose of securing against loss of or damage to real or personal property or payment of money due to the supplier or credit extended to the dealer. Any security deposit required of the dealer may be satisfied by a letter of credit or the deposit of cash or a pledge of a savings account or its equivalent in a banking institution located in Minnesota. In the event that the security deposit is made by the dealer by depositing cash with the supplier, the deposit shall earn interest at the rate of six percent per year which shall accrue to the benefit of the dealer and be payable to the dealer upon termination of the security deposit, less any charges to which the supplier is entitled to collect from the security deposit or interest earned on it. In the event that the security deposit is made by the pledge of a savings account, a savings account shall be opened in the joint name of the supplier and the dealer and neither party shall be entitled to withdraw the funds without the consent of the other party; upon termination of the security deposit arrangement, the principal deposit together with accrued interest at the rate paid for the account shall be payable to the dealer after deduction of any charges to which the supplier may be entitled.
History:
2000 c 456 s 17
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.13 — Violation Of Law.

80F.13 VIOLATION OF LAW.
No party to a marketing agreement shall require or encourage any other party to the marketing agreement to violate or conspire to violate any state, federal, or local laws.
History:
2000 c 456 s 18
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.14 — Assignment.

80F.14 ASSIGNMENT.
Subdivision 1.
Lease arrangements.
If a dealer leases a facility under a marketing agreement with the supplier or its affiliate, the provisions of this subdivision apply. A supplier shall not unreasonably withhold or delay its consent to any assignment or transfer of a marketing agreement. The dealer may assign the marketing agreement to another person that meets the reasonable standards of the supplier. A dealer who intends to assign the marketing agreement shall give the other party notice of the proposed assignment and shall identify the proposed assignee. At the time of serving notice of assignment, a dealer shall promptly provide, at the request of the other party, personal and financial data that is reasonably necessary to determine whether the assignment should be honored. If the supplier who is requested to approve the assignment believes in good faith that reasonable cause exists for refusing to honor the assignment, that person shall inform the dealer of the denial and the reasons for denial within 60 days of receiving the notice of assignment. A supplier may condition assignment upon the agreement of the dealer who intends to assign and the other assignee to be bound by all terms and conditions of the existing marketing agreement.
Subd. 2.
Nonlease arrangements.
If a marketing agreement does not involve the lease of the facility by the dealer from the supplier, the agreement shall be freely assignable by the dealer or the supplier, provided that such assignment does not increase the burdens or obligations of the other party. A supplier may require an assignee to make reasonable and adequate credit arrangements for the payment of product delivered. If the assigning dealer has an incentive obligation to the supplier, the assigning dealer either shall obtain the consent of the supplier to the proposed assignment, which consent shall not be unreasonably withheld, or shall provide reasonable and adequate security for the benefit of the supplier to assure that the assignor's incentive obligation to the supplier is met by the assignee dealer.
History:
2000 c 456 s 19
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.15 — Assignment Of Facility Lease Option.

80F.15 ASSIGNMENT OF FACILITY LEASE OPTION.
A supplier or an affiliate of a supplier who has an option to purchase, or an option to lease or extend the lease of a facility occupied by a dealer, who determines not to exercise the option, shall offer to assign or otherwise transfer the option to the dealer. The supplier may charge the dealer a reasonable legal and administrative cost for transfer of the option. Options to purchase, or lease or extend the lease of a facility created after May 6, 2000, are assignable to the dealer who occupies the facility. If the dealer exercises the option, the supplier or affiliate is not liable for the performance of the dealer pursuant to the option or the underlying lease after the option is exercised.
History:
2000 c 456 s 20
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.16 — Dealer Notice Of Termination.

80F.16 DEALER NOTICE OF TERMINATION.
A dealer may only terminate a marketing agreement if the dealer provides 90 days' written notice of termination to the supplier. On or before the termination date, the dealer shall repay to the supplier any incentive money that is required to be repaid to the supplier upon termination pursuant to the terms of the marketing agreement. The giving of notice of termination shall not eliminate a claim by the supplier for damages for breach of contract.
History:
2000 c 456 s 21
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.17 — Enforcement.

80F.17 ENFORCEMENT.
Any person aggrieved by a violation of this chapter may obtain injunctive relief, damages, rescission, or other relief. It is not a defense to an action for injunctive relief that an aggrieved person may have adequate remedies at law. A party shall submit the dispute to binding arbitration in accordance with the commercial rules of the Minnesota American Arbitration Association. Injunctive relief shall remain available in a court of competent jurisdiction where arbitration cannot provide complete relief to vindicate the rights of either party or where appropriate to secure rights after arbitration. The court or arbitrator shall have the discretion to award to the prevailing party its costs and disbursements. No action may be commenced under this chapter more than three years after the cause of action accrued. If the marketing agreement provides for the right of the supplier to recover attorney fees as the prevailing party in a suit between the parties, then the dealer shall have the right to recover attorney fees as the prevailing party in an action under this marketing agreement or under this chapter.
History:
2000 c 456 s 22
2023 Minnesota Statutes › Chapters 80B - 81A — Commercial Regulations › Chapter 80F — Motor Vehicle Fuel Franchises › Section 80F.18 — Choice Of Law And Jurisdiction.

80F.18 CHOICE OF LAW AND JURISDICTION.
The laws of the state of Minnesota shall govern any marketing agreement whereby the dealer is or will be marketing motor vehicle fuel in Minnesota and venue for all actions shall be the state of Minnesota. Any condition, stipulation or provision, including any choice of law provision or any choice of venue provision, purporting to bind any person who is acquiring a marketing agreement to be operated in this state to waive compliance with any provisions of this chapter is void.
History:
2000 c 456 s 23