32-6E-5.   Determination of cause for additional franchises of same line/make. In determining whether cause is established for entering into an additional franchise for the same line/make, the department shall consider the existing circumstances:

             (1)      The amount of business transacted by existing franchisee's of the same line/make in that community;

             (2)      Whether the franchisee's of the same line/make in that community are making a good faith effort to sell the franchisor's product;

             (3)      Investment necessarily made and obligations incurred by existing franchisee's of the same line/make in the community in the performance of their part of their franchises;

             (4)      The effect on the retail snowmobile business as a whole in that community;

             (5)      The general quality and reputation of existing franchises in the community and their ability to provide consumer care and service; and

             (6)      Whether it is injurious to the public interest for an additional franchise to be established.

Source: SL 1994, ch 248, § 5.

---