Effective – 28 Aug 2021, 3 histories 407.1025. Definitions. — As used in sections 407.1025 to 407.1049, unless the context otherwise requires, the following terms mean: (1) “Administrative hearing commission”, the body established in chapter 621 to conduct administrative hearings; (2) “All-terrain vehicle”, any motorized vehicle manufactured and used exclusively for off-highway use, with an […]
Effective – 28 Aug 1998 407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses. — Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, purchasing, selling, or contracting to purchase or to sell new motorcycles or all-terrain vehicles, or who, […]
Effective – 28 Aug 1998 407.1031. Procedure, before administrative hearing commission, application, notice, hearing, order, review. — 1. Any party seeking relief pursuant to the provisions of sections 407.1025 to 407.1049 may file an application for a hearing with the administrative hearing commission within the time periods specified in this section. The application for a […]
Effective – 28 Aug 1998 407.1034. Unlawful merchandising practices by motorcycle or all-terrain vehicle (ATV) franchisor. — Notwithstanding the terms of any franchise agreement, the performance, whether by act or omission, by a motorcycle or all-terrain vehicle franchisor of any or all of the following acts enumerated in this section are hereby defined as unlawful […]
Effective – 28 Aug 2003 407.1035. Relevant market area for motorcycle and all-terrain vehicle franchises, definitions. — 1. For purposes of this section, “relevant market area” means: (1) For a proposed franchisee or franchisee who plans to relocate his or her place of business in a county having a population which is greater than one […]
Effective – 28 Aug 1998 407.1037. Location of dealerships in City of St. Louis. — When a franchised dealer or manufacturer proposes to establish or relocate a motorcycle or all-terrain vehicle dealership within any city not within a county, the dealer or manufacturer shall make reasonable efforts to establish or relocate such dealership in an […]
Effective – 28 Aug 1998 407.1040. License approval in metropolitan areas, minorities. — The Missouri department of revenue, in approving licenses for dealer franchises in any metropolitan statistical area with a population of more than one million inhabitants as defined by the federal Office of Management and Budget or its successor agency shall ensure that […]
Effective – 28 Aug 1998 407.1043. Defenses. — It shall be a defense for a motorcycle or all-terrain vehicle franchisor, to any action brought pursuant to sections 407.1025 to 407.1049 by a motorcycle or all-terrain vehicle franchisee, if it is shown that such motorcycle or all-terrain vehicle franchisee has failed to substantially comply with reasonable […]
Effective – 28 Aug 1998 407.1046. False advertising prohibited. — No franchisee or franchisor shall use any false, deceptive or misleading advertising. ——– (L. 1998 H.B. 1055 § 8)
Effective – 28 Aug 2004 407.1047. Compensation agreements between franchisors and franchisees engaged in sale of motorcycles and ATVs. — 1. The provisions of this section shall apply to franchisors and franchisees engaged in the sale of motorcycles and all-terrain vehicles. 2. Each franchisor shall specify in writing to each of its franchisees in this […]
Effective – 28 Aug 1998 407.1049. Civil action, remedies. — In addition to the administrative relief provided in sections 407.1025 to 407.1049, any motorcycle or all-terrain vehicle franchisee may bring an action in any court of competent jurisdiction against a motorcycle or all-terrain vehicle franchisor with whom the franchisee has a franchise, for an act […]
