(A) A used motor
vehicle dealer shall have an established place of business that meets all of
the following requirements:
(1) Has a display
lot of no less than three thousand five hundred square feet, not including
driveways or office, with adequate ground cover of a hard surface that is free
from the collection of dust, mud, water, or other unsightly
conditions;
(2) Except as set forth
in paragraphs (B) and (D) of this rule, is separated with a barrier, as defined
in this rule, from any residence and from any other business or service
facility that is not primarily related to assisting or furthering the selling,
displaying, offering for sale, or dealing in motor vehicles;
A barrier is a permanent fixture or feature of the property
that distinguishes the display lot from residences or other businesses,
comprised of metal, brick, stone, concrete, wood, heavy support cable,
landscaping, curbing, or other comparable feature that creates a distinct space
for the display lot. It shall clearly delineate a separation between a
residence or an unrelated business and the beginning of the dealership's
established place of business. Such separation shall be properly maintained
during the entire period for which a used motor vehicle dealer's license is
held.
(3) Includes a
permanent usable structure on the display lot that is identifiable as a motor
vehicle dealership to the public that includes an easily accessible office of
at least a contigious one hundred eighty square feet with walls of a hard
surface and shall not be used as a storage or other utility area. The office
shall include, at minimum, a desk, three chairs, and a filing cabinet, or
similar furnishings to create an environment conducive to transacting business,
consummating sales, and facilitating the storage of records, all of which shall
be kept in a neat and orderly fashion at all times. The office shall include
adequate lighting, electrical service, heating and ventilation that is secure
and safe for a retail office environment. The entire premises, including any
plumbing fixtures, shall not be in violation of any applicable building and
zoning requirements. The dealer shall provide evidence to show building and
zoning requirements have been met upon request of the registrar or the
registrar's designee. Upon request of the dealer, the registrar of motor
vehicles shall consider, and may approve, reasonable variances to these
requirements except for variances to the building and zoning
requirements;
(4) Has a business
telephone in service at all times that shall be answered and identified
exclusively for the dealership's business. The business telephone number shall
be legible and posted in a conspicuous place in public view. A motor vehicle
dealer shall notify the registrar in writing within fifteen days of any change
in the business telephone number;
(5) Is staffed during posted business hours
by a a sole proprietor, officer of a corporation, trustee of a business trust,
or in the case of a partnership or limited liability company, partner or
member, or any such entity as defined in division (A) of section
4517.01
of the Revised Code, or a licensed motor vehicle salesperson under sections
4517.09,
4517.14,
and
4517.20
of the Revised Code.
(B)
Ninety days after
After the effective date of this rule, all licensed
used motor vehicle dealers are to be open to the public no less than
twenty-five
five hours a week, with at least
ten
two of
those hours being between
nine
eight a.m. to five p.m. Monday through Friday. The
business hours shall be legible and posted in a conspicuous place near the
entrance of the office. A motor vehicle dealer shall notify the registrar in
writing within fifteen days of any change in the posted business
hours;
(C) A physical barrier
between the dealership and service facility is not required at an established
place of business that includes a service facility that is used to perform
service on motor vehicles, if the established place of business meets the
following requirements:
(1) The service
facility is owned and operated by each person listed on the dealer license as a
sole proprietor, officer(s) of a corporation, trustee(s) of a business trust,
or in the case of a partnership or limited liability company, partner(s) or
member(s), or any such entity as defined in division (A) of section
4517.01
of the Revised Code;
(2) The
display lot shall have distinguished areas, identified through signage, for
motor vehicles that are being repaired, motor vehicles that are being offered
for sale, and customer parking;
(3)
Notwithstanding the requirement of paragraph (A)(3) of this rule, a private
office shall be available that is conducive to transacting business in a
confidential manner regarding the sale of a motor vehicle; and
(4) Is staffed during posted business hours
by a sole proprietor, officer of a corporation, trustee of a business trust, or
in the case of a partnership or limited liability company, partner or member,
or any such entity as defined in division (A) of section
4517.01
of the Revised Code, or a licensed motor vehicle salesperson under sections
4517.09,
4517.14,
and
4517.20
of the Revised Code.
(D)
No motor vehicle dealer, its agent, or its representative shall alter the
physical conditions of the established place of business so that it is not in
compliance with the requirements of Chapter 4517. of the Revised
Code.
(E) A dealer may make a
written request to the registrar for an exception to the barrier requirements
as follows:
(1) The dealer shall present a
plan to clearly identify, distinguish and segregate through signage or other
measures any vehicles the dealer is offering for sale from any other vehicles
that may be present on the premises at any time;
(2) The registrar shall review the plan. If
the registrar determines that there is no reasonable health or safety threat to
customers, neighbors, or neighboring businesses; that the dealer acted in good
faith in buying or leasing the property; and that the dealer has made a
reasonable effort to comply with the barrier requirements, but that
restrictions imposed by local zoning ordinances or by the lessor prohibit the
establishment of a barrier, the registrar, in the registrar's discretion, may
approve the plan, approve the plan with modifications, or disapprove the
plan.
(F) In the event
that a used motor vehicle dealer's license is sought by an applicant that
surrenders a new motor vehicle dealer's license, and specific circumstances
prevent the location previously used for operation of the new motor vehicle
dealership from meeting all of the requirements of section
4517.03
of the Revised Code and this rule, the registrar may exercise discretion to
grant a used motor vehicle dealer's license at said location despite the
defect.
Notes
Ohio Admin. Code
4501:1-3-08
Effective:
10/9/2021
Five Year Review (FYR) Dates:
11/1/2022
Promulgated Under:
119.03
Statutory Authority:
4501.02,
4517.32
Rule Amplifies:
4517.02,
4517.03,
4517.05,
4517.12
Prior Effective Dates: 06/15/1962, 12/08/1986, 05/09/1998,
11/13/2014, 03/01/2016, 01/27/2018,
10/01/2020