SB 48 - This act defines certain terms as they relate to motor vehicle dealerships. A franchise licensee who wants to establish, relocate or reopen a new motor vehicle franchise dealership shall apply to the Missouri Motor Vehicle Commission for a license. The Commission shall publish a notice of this application. A presently licensed dealer with standing to protest the application shall file such protest within thirty days of publication of the notice.

An application will be approved by the Commission unless: 1) a timely protest is filed, or 2) the Commission determines that the volume of business in the proposed dealership location is not sufficient to insure and maintain the solvency of both the proposed and existing dealerships. In the case of a protest, the application is suspended and the existing dealer and applicant are required to mediate their dispute.

If the parties fail to mediate, the Commission shall conduct a hearing on the record. Such a hearing is subject to judicial review. Even if no protest is filed, a presently licensed dealer may bring a cause of action against any franchisor, manufacturer or distributor within five years of the establishment, relocation or reopening of the new motor vehicle dealership.
MIKE HOEFERKAMP