36-85.19 - License required; penalty.
§ 36-85.19. License required; penalty.
A. It shall be unlawful and constitute the commission of a Class 1misdemeanor for any manufactured home manufacturer, dealer, broker, orsalesperson to be engaged in business as such in this Commonwealth withoutfirst obtaining a license from the Board, as provided in this chapter.
Application for such license shall be made to the Board at such time, in suchform, and contain such information as the Board shall require, and shall beaccompanied by required fees established by the Board by regulation inaccordance with the Administrative Process Act (§ 2.2-4000 et seq.). TheBoard shall levy and collect fees that are sufficient to cover the expensesfor the administration of this chapter by the Board and the Department. Suchfees may be levied and collected on a per unit sold basis, a percentagebasis, an annual per dealer basis, or a combination thereof.
In such application, the Board shall require information relating to thematters set forth in § 36-85.20 as grounds for refusal of a license, andinformation relating to other pertinent matters consistent with safeguardingthe public interest. All such information shall be considered by the Board indetermining the fitness of the applicant to engage in the business for whichthe license is sought.
All licenses that are granted shall expire, unless revoked or suspended, onthe annual anniversary of the date of issuance.
Every regulant under this chapter shall obtain a renewal of a license for theensuing year, by application, accompanied by the required fee. Upon failureto renew, the license shall automatically expire. Such license may be renewedupon payment of the prescribed renewal fee and upon evidence satisfactory tothe Board that the applicant has not engaged in business as a manufacturedhome manufacturer, dealer, broker, or salesperson after expiration of thelicense and is otherwise eligible for a license under the provisions of thischapter.
Special licenses, not to exceed ten days in duration, may be issued for eachtemporary place of business, operated or proposed by the regulant, that isnot contiguous to other premises for which a license is issued. The fee for aspecial license shall be established by the Board, provided that no suchlicense shall be required for a place of business operated by a regulant thatis used exclusively for storage.
B. Notwithstanding any other provisions of this chapter, the Board mayprovide by regulation that a manufactured home salesperson will be allowed toengage in business during the time period after applying for a license butbefore such license is granted.
(1991, c. 555; 1992, c. 223; 1994, c. 671.)