Ga. Comp. R. & Regs. R. 681-6-.01 - Established Place of Business
(a)
Used motor vehicle dealers and parts dealers shall be required to maintain an
"established place of business", which shall be a permanent building meeting
the requirements of Rule
681-1-.01(f) where
the records required to be kept in Rule
681-1-.01(y) are
located and from which sales are negotiated. In determining whether the
building meets the requirements of Rule
681-1-.01(f), the
Board will allow modular or manufactured office buildings that are tied down
and on blocks, with the wheels removed. Effective January 1, 2007, the Board
will not allow storage buildings or similar moveable structures that are
clearly manufactured or constructed for purposes unrelated to office use. Any
dealer who has previously obtained licensure in such a building will be allowed
to remain in such building as long as the dealer remains at the location of
licensure; however, effective January 1, 2007, if the dealer changes location,
or allows the license to lapse, the dealer must meet the requirements of this
rule.
(b) A dealer who operates an
open lot, according to Rule
681-1-.01(r), shall
conduct business in a building on the same property as the display lot. If the
dealer is a used car broker, and will not display an inventory of vehicles for
sale, the requirements of this rule for an established place of business shall
still be met, with the exception of the display area for vehicles. Effective
January 1, 2007, for new applicants, only one dealer shall be licensed to
operate an open lot on a plat of property as defined by the county tax
assessor's office records. Once a dealer is licensed to operate an open lot on
a defined plat of property, no other dealer, including a broker, shall be
licensed to operate on the same plat of property. Dealers who allow their
licenses to lapse must meet the requirements of this rule in order to reinstate
the license.
(c) The established
place of business shall also have installed and maintain a working land line
telephone whose number shall be listed in the licensee's trade name, the same
as that which is listed in the application and in any advertisement by the
dealer made available to the consumer. The established place of business shall
also erect and maintain a permanent sign which shall be in compliance with
board rules and the local ordinances of the particular city or county in which
the established place of business is located. If no local ordinances exist,
then the Board's criteria for an appropriate permanent sign shall be met. The
sign shall list the trade name of the licensee, the same as that which is
listed in the application and in any advertisement by the dealer. If the
telephone number is listed on the sign, it shall be the phone number listed in
the application and in any advertisement by the dealer.
(d) Free-standing signs shall be affixed to a
metal base or frame with concrete footings. Signs affixed to the building shall
be so affixed by metal bolts or on a metal frame affixed to the building by
metal bolts. Signs shall be professionally designed on permanent material, and
the lettering applied on the sign shall be a minimum of six inches in height.
At least one sign must be located and positioned to be clearly visible to
consumers from the street. Signs painted on the building, or on the door or
window of the building are allowed, as long as the painted sign meets local
ordinances and/or board criteria for size of lettering and visibility to
consumers from the street.
(e)
Effective January 1, 2007, a used motor vehicle dealer may operate from an
office suite in an office complex, provided that the facility meets the
criteria established in this rule and in Board Rule
681-3-.05. The permanent sign for the
dealer must be erected at the nearest point of public access from the street to
the building in which the dealer has established the office. Local ordinance
and property lease regulations will authorize where the sign may be erected and
displayed. At a minimum, the sign shall be at the entrance to the building, in
a publicly displayed marquee in the lobby of the building that lists all
businesses within the building, and directly outside the entrance to the office
of the dealer.
(f) Effective
January 1, 2007, used motor vehicle dealers may be permitted to operate from a
residential address, as long as local ordinances allow such operations in a
residential area, and in accordance with Board rules. The requirement for an
appropriate permanent sign must be met at the location. The office of the used
motor vehicle dealer shall be a separate building that is detached from the
residence. Such office shall be readily accessible to the public and to
official inspectors during regular business hours. Such office shall have a
dedicated phone line for the business telephone required by OCGA §
43-47-2(3), as
well as for computers and related equipment used exclusively for the business.
The office shall also contain the office furnishings and filing cabinets
necessary to file the records required by OCGA §§
43-47-2(3) and
43-47-12. The license issued by
the appropriate division of the Board shall be displayed in a conspicuous place
within the office, as well as the sales & use tax number issued by the
Georgia Department of Revenue and the local business license.
Notes
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