Ohio Admin. Code 4501:1-3-33 - Place of business required for a motor vehicle auction owner
(A) A motor vehicle
auction owner shall have an established place of business that meets all of the
following requirements:
(1) Is separated with
a permanent physical barrier, as defined in
rule
4501:1-3-08
of the Administrative Code, from any residence, motor vehicle dealership,
salvage motor vehicle dealership, salvage motor vehicle auction, or salvage
motor vehicle pool;
(2) Has at
least one area under permanent roof that is large enough that motor vehicles
may be moved through where such motor vehicles may be offered at
auction;
(3) Has an office area
that is easily accessible, permanent, and shall include, at minimum,
electric lighting, and heating that is of a
permanent nature and that is secure and safe for a retail office
environment;
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.
(4) Has an office and auction area that shall
be kept neat and orderly at all times that shall not be used as a storage or
utility area;
(5) Has a business
telephone in service at all times that shall be answered and identified
exclusively for the auction's business. The business telephone number shall be
legibly posted in a conspicuous place in public view. A motor vehicle auction
owner shall notify the registrar in writing within
fifteen days of any change in the business telephone number;
(6) Has an auction area that is open during
the posted business hours. The business hours shall be legible and posted in a
conspicuous place near the entrance of the business. A motor vehicle auction
owner shall notify the registrar in writing within
fifteen days of any change in the posted business hours.
(B) Notwithstanding section
4517.21 of the Revised Code,
auction facilities may be used to conduct a public auction of repossessed motor
vehicles and a motor vehicle dealer auction simultaneously. All inventories
shall be maintained and separated at all times.
(C) Any person in attendance for a public
auction of repossessed motor vehicles shall be separately identified and
prohibited from participating in a motor vehicle dealer auction.
(D) Every auction owner licensed under
Chapter 4517. of the Revised Code shall notify the registrar of motor vehicles
in writing within fifteen days of any change in status of the business name or
location, or change in status of sole proprietor, partner, president of a
corporation, member of a limited liability company, trustee of a business
trust, or an equivalent natural person affiliated with some other kind of
legally constituted business organization.
Notes
Promulgated Under: 119.03
Statutory Authority: 4517.07, 4517.03, 4517.12
Rule Amplifies: 4517.02, 4517.07, 4517.03
Prior Effective Dates: 05/11/1998, 07/01/2009, 02/27/2015
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