KRS 190.0451: New motor vehicle dealer license -- Prohibition against licensing new

dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year

duration of prohibition.

(1) Except as provided in subsections (2) and (3) of this section, if a de aler licensed

under this chapter has its franchise revoked by the manufacturer on or after January

1, 2009, for grounds other than those provided in KRS Chapter 190, the

commission shall not grant a new motor vehicle dealer license establishing a new

motor vehicle dealership, or relocating an existing new motor vehicle dealership,

within a ten (10) mile radius of a location at which a former licensed new motor

vehicle dealer for the same line make of new motor vehicles had its franchise

revoked.

(2) If the manufacturer can show proof that the franchise was offered to the original

franchisee at substantially similar terms as offered to other potential buyers, and the

original franchisee refused the offer, then the prohibition in subsection (1) of this

section shall not apply and the commission may grant a new motor vehicle dealer

license within the ten (10) mile radius described in subsection (1) of this section.

(3) The prohibition against granting a new motor vehicle dealer license outlined in

subsection (1) of this section shall remain in effect for ten (10) years from the date

of revocation of the original franchise by the manufacturer.