75 IAC 2-2-3 - Dealer license requirements
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-32
Sec. 3.
Under IC 9-32, dealers designated dealer-new, dealer-used, motorcycle dealer-new, and motorcycle dealer-used shall meet the following requirements:
(1) A dealer must have a
license issued by the secretary of state in order to receive dealer
plates.
(2) An application for a
new dealer license and dealer plates may be submitted any time prior to
December 15 for the current license year. A dealer license renewal application
may be submitted thirty (30) days prior to the license expiration
date.
(3) An applicant who applies
for a license after December 15 shall be eligible to be licensed for the
following year.
(4) Only one (1)
dealer can be licensed from the same address or established place of
business.
(5) In addition to the
requirements outlined in IC 9-32, a dealer must meet the following minimum
requirements:
(A) The dealer must provide a
federal identification number and a retail merchant's certificate
number.
(B) The dealer must, for
the entire licensing period, have an established place of business with an
Indiana address other than an Indiana post office box address. Dealer licenses
and dealer plates shall be mailed to the business address only. The established
place of business may not house a secondary business unless that business is
closely related to the sale of motor vehicles and this secondary business does
not provide in excess of fifty percent (50%) of the dealer's gross income.
Multiple business locations such as strip office malls, garages, or residential
properties shall be accepted if:
(i) a
separate entrance is maintained;
(ii) a separate address is maintained, and
the business location is not a part of or attached to a residential
dwelling;
(iii) local zoning
requirements are met;
(iv) a
distinct impression of separate businesses is given to the general public;
and
(v) all other location and
office requirements are met.
(C) The dealer's established place of
business shall:
(i) be accessible to the
public;
(ii) have at least a space
of one thousand three hundred (1,300) square feet and be able to accommodate
the display of a minimum of ten (10) vehicles of the kind and type which the
dealer is licensed to sell and space for customer parking;
(iii) meet all local zoning
requirements;
(iv) be well lit
during hours of operation; and
(v)
have display and customer parking areas adequately surfaced with asphalt,
concrete, rock, or substance which will not change with weather
conditions.
(D) The
dealer's office shall be:
(i) housed at the
dealer's established place of business;
(ii) at least one hundred (100) square feet
in size;
(iii) equipped with office
furniture such as a desk, chairs, and filing cabinets; and
(iv) served with utilities such as
electricity, lighting, heat, and a business telephone.
(E) The dealer must provide garage liability
insurance for the established place of business under 9-32-11-14[IC
9-32-11-14 ].
(F) The
dealer must provide photographs of the established place of business with the
initial application for dealer license. These photographs must include, but are
not limited to, the major:
(i) sales and
storage lot;
(ii) exterior
advertising sign; and
(iii) display
and office building.
The photographs must not be less than three (3) inches by five (5) inches in size. The photographs will be required to be updated if the dealership is moved or if its physical facilities are substantially altered or modified.
(G)
The dealer must be in good standing with the bureau of motor vehicles, the
department of revenue, and the state police department.
(H) The dealer must provide, with the initial
licensing application, evidence of a franchise or contract agreement, if
applicable, showing a sales arrangement with a manufacturer, converter
manufacturer, or distributor.
(I)
The dealer must maintain, at the established place of business, a conspicuous,
permanent sign identifying the dealer by the name in which the dealer is
licensed and the dealership's hours of operation.
(J) The dealer's established place of
business must be accessible to the public for a minimum of thirty (30) hours
each week during normal business hours. For the purpose of this rule,
"accessible" means the place of business must be:
(i) manned at least thirty (30) hours each
week;
(ii) manned at least twenty
(20) hours each week and a telephone answering, paging, or mobile service
offered during the remaining ten (10) hours each week, the number for which is
identified on the business sign; or
(iii) opened by appointment at least thirty
(30) hours each week by maintaining a manned telephone or mobile telephone
service for a minimum of ten (10) hours each week and a telephone answering,
paging, or mobile service offered during remaining twenty (20) hours each week,
the number for which is identified on the business sign.
Notes
Under P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-4 was renumbered by the Publisher as 75 IAC 2-2-3, effective July 1, 2007.
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