29-A §957. Licensing of locations other than primary facilities
Title 29-A: MOTOR VEHICLES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)
Chapter 9: DEALERS HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)
Subchapter 3: LICENSING OF DEALERS HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)
§957. Licensing of locations other than primary facilities
1. Annex license. The Secretary of State may issue to a dealer a license to operate an annex facility. An annex facility must be an established place of business, except that books and records may be kept at the dealer's primary location. An annex facility must meet the requirements of section 952, subsection 1. The annual fee for an annex license is $150.
[ 1997, c. 437, §26 (NEW) .]
2. Secondary location license. The Secretary of State may issue to a dealer a license to operate at a secondary location within one mile of the dealer's primary location. For the purposes of this subsection, "secondary location" means a display area that complies with applicable building codes and zoning and land use ordinances, is large enough to display at least 2 vehicles and contains signs posting the business's name and operating hours. The annual fee for a secondary location license is $100.
[ 1997, c. 437, §26 (NEW) .]
3. Attended sales promotion. The Secretary of State may issue to a dealer a permit for up to 90 days to operate an attended sales promotion at one or more locations inside this State. A request for an attended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion and must contain the proposed promotion dates. The promotion must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under this subsection for a promotion involving new vehicles may not locate the promotion outside that dealer's area of responsibility as defined by the dealer's franchise agreement. A dealer who operates an attended sales promotion at an agricultural fair or other agricultural event or at a charitable event where a vehicle is displayed or offered as a prize for fund-raising purposes is exempt from this subsection. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. The fee for an attended sales promotion is:
A. Fifty dollars if the promotion runs for 7 or fewer days; [2009, c. 435, §15 (NEW).]
B. One hundred dollars if the promotion runs for more than 7 but no more than 60 days; and [2009, c. 435, §15 (NEW).]
C. One hundred fifty dollars if the promotion runs for more than 60 days but no more than 90 days. [2009, c. 435, §15 (NEW).]
[ 2009, c. 435, §15 (AMD) .]
4. Unattended sales promotion. The Secretary of State may issue to a dealer a permit to operate an unattended sales promotion. A request for an unattended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion and contain the proposed promotion dates and, if applicable, a copy of a contract between the dealer and the promotion sponsor. The promotion and any use of a location must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under this subsection for a promotion involving new vehicles may not locate the promotion outside that dealer's area of responsibility as defined by the dealer's franchise agreement. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. The fee for an unattended sales promotion is:
A. Fifty dollars if the promotion runs 7 days or less; [1997, c. 437, §26 (NEW).]
B. One hundred dollars if the promotion runs between 8 and 60 days; or [1997, c. 437, §26 (NEW).]
C. One hundred fifty dollars if the promotion runs more than 60 days. [1997, c. 437, §26 (NEW).]
A dealer who operates an unattended sales promotion at a charity event where a vehicle is displayed as a prize is exempt from the permit fee requirements.
[ 2009, c. 598, §33 (AMD) .]
5. Penalty. A person commits a Class E crime if that person conducts an activity authorized by a license or permit under this section without obtaining that license or permit.
[ 2007, c. 5, §3 (AMD) .]
SECTION HISTORY
1997, c. 437, §26 (NEW). 2001, c. 361, §27 (AMD). 2007, c. 5, §§1-3 (AMD). 2009, c. 435, §15 (AMD). 2009, c. 598, §33 (AMD).