75 IAC 6-2-2 - Dealer license requirements
Authority: IC 9-13-2-42; IC 9-32-3-1; IC 9-32-11-8
Affected: IC 9-13-2; IC 9-32
Sec. 2.
(a) In
addition to the requirements found in IC 9-32, dealers licensed or applying to
be licensed as dealer-new or dealer-used shall meet the following requirements
at the time of applying for the license and for the entire licensing period:
(1) No other dealer is licensed at or
operating from the same address or established place of business at which the
dealer is licensed or applying to be licensed. An exemption may be granted at
the secretary's discretion if all dealers licensed and operating from the same
address or established place of business have common, identical ownership and
there is no more than one (1) of a particular license type at the same address
or established place of business.
(2) The dealer's established place of
business is located in Indiana and has an Indiana address that is not:
(A) an Indiana post office box
address;
(B) a location that
functions like a mailbox box facility; or
(C) a location that only provides ministerial
services by a contract employee.
(3) The established place of business at
which the dealer is licensed or applying to be licensed meets the following
requirements:
(A) Does 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. An exemption may be granted at the secretary's
discretion so long as there are no concerns regarding the qualifications and
eligibility of the applicant to receive the license or the ability of the
applicant to conduct properly the business for which the application is
submitted.
(B) Is not at a retail
complex location such as a strip office mall or garage unless the location and
established place of business meet the following requirements:
(i) A separate exterior entrance is
maintained.
(ii) A separate address
is maintained.
(iii) The business
location is not a part of or attached to a residential dwelling.
(iv) Local zoning requirements are
met.
(v) A distinct impression of
separate businesses is given to the general public, which may include
distinguishable parking lot space properly marked for display of a minimum of
ten (10) vehicles.
(vi) Vehicles
within the dealer's inventory that are located in the dealer's display space
must be clearly marked with the name in which the dealer is licensed.
(vii) All other location and office
requirements are met.
(C)
Is accessible to the public.
(D)
Has 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) motor vehicles of the
kind and type that the dealer is licensed to sell.
(E) Is well lit during hours of
operation.
(F) Has sufficient space
for customer parking. Customer parking areas must be adequately surfaced with
asphalt, concrete, rock, or other substance that will not change with weather
conditions.
(G) Has a conspicuous
permanent sign identifying the dealer by the name in which the dealer is
licensed or applying to be licensed and the dealership's hours of
operation.
(H) Is open to the
public for a minimum of:
(i) thirty (30)
hours each week during normal business hours; or
(ii) twenty (20) hours each week with a
telephone answering, paging, or mobile service offered an additional ten (10)
hours each week, the number for which is identified on the business sign.
An exemption for this requirement may be given at the secretary of state's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.
(I) Has a dealer office that is:
(i) at least one hundred (100) square feet in
size;
(ii) equipped with office
furniture such as a desk, chairs, and filing cabinets;
(iii) served with utilities such as:
(AA) electricity;
(BB) lighting;
(CC) heat;
(DD) operational plumbing; and
(EE) a business telephone;
and
(iv) reflective of
functional use and operation of the license. An exemption for the requirements
in items (i) through (iii) may be given at the secretary's discretion so long
as there are no concerns regarding the qualifications and eligibility of the
applicant to receive the license or the ability of the applicant to conduct
properly the business for which the application is
submitted.
(b) The dealer must provide photographs of
the dealer's established place of business with the initial application for
dealer license. These photographs must include, at a minimum, the:
(1) sales and storage lot;
(2) exterior advertising sign required by
this section;
(3) display area;
and
(4) interior and exterior of
the dealer office.
Printed 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 dealer moves or if its physical facilities are substantially altered or modified. Digital photographs must be unaltered and verifiable.
Notes
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