49 Pa. Code § 19.18 - Established place of business for dealers
A licensed dealer shall maintain an established place of business that meets the following criteria:
(1)
Permanent enclosed
building. The dealer shall own or rent a permanent enclosed building
for use by the dealership. A permanent enclosed building may consist of an
office trailer with skirting and a permanent foundation. The dealership must be
separated from adjoining businesses and residences by partitions or
walls.
(2)
Private
office. The dealership must have a private office, separate from
display areas and repair and servicing facilities, that has space for the
storage of books and records.
(3)
Display area. The dealership must have a display area-whether
indoors, outdoors or partly indoors and partly outdoors-where the public is
permitted and invited in the regular course of business to inspect or test
drive the vehicles that are being offered for sale, purchase or exchange by the
dealership. The display area may not include areas of the dealership premises
on which are placed vehicles that are wrecked or damaged, that are awaiting
reconditioning or preparation for sale, purchase or exchange, that are being
serviced or repaired, that are part of general inventory, or that are otherwise
not being offered for sale, purchase or exchange to the public. The display
area shall meet the following requirements:
(i)
Size.
(A) The display area of a dealership that
buys, sells or exchanges vehicles must be large enough for the display of at
least five vehicles-with doors opened-of the kind that are bought, sold or
exchanged by the dealership. The display area of a dealership that buys, sells
or exchanges recreational vehicles, manufactured housing and mobile homes must
have a display area of at least 5,000 square feet, unless exempted by section
5(e)(3) or (4) of the act (63 P. S. § 815.5(e)(3) and (4)).
(B) The minimum size display area
requirements of this paragraph do not apply to a licensed vehicle dealer that
sells only new firefighting or emergency service vehicles.
(ii)
Grading and surfacing.
An outdoor display area must be properly graded. The outdoor display area of a
dealership that buys, sells or exchanges vehicles must be surfaced with
concrete, asphalt, slag, brick, stone, aggregate, gravel, cinder or similar
material. A dealership that otherwise complies with this paragraph may display
up to five vehicles without regard for the grading or surfacing where those
vehicles are displayed, so long as customers are not permitted to be present in
the nonconforming area. A dealer may demonstrate that customers are not
permitted to be present in the nonconforming area by posting a no-trespassing
or similar sign, erecting a barrier or taking another reasonable
precaution.
(iii)
Separation from adjacent parking areas. An outdoor display
area must be separated from the parking areas of adjacent businesses and
residences by grass strips, ropes and pennants, painted lines or some other
conspicuous means of separation.
(iv)
Lighting. If a
dealership with an outdoor display area intends to be open during evening
hours, the display area must be lighted adequately.
(4)
Repairs and ancillary
services. A dealership that buys, sells or exchanges mobile homes or
manufactured housing must do one of the following:
(i) Provide transportation, installation and
repair services to its customers.
(ii) Make available to its customers a list
of persons or companies who provide transportation, installation and repair
services.
(5)
Telephone. The dealership must have a single business line
telephone, located within the permanent enclosed building, that is used for the
dealership. The telephone number must be listed under the dealership's licensed
name.
(6)
Sign.
The dealership must exhibit a sign, either permanently affixed to the building
or erected in the outdoor display area, that shows the licensed name of the
dealership and that is visible to the public.
(7)
Land-use ordinances. The
dealership must be in full compliance with applicable building codes, zoning
ordinances and other land-use ordinances.
(8)
Fire-safety requirements
. A dealership must posses a certificate of occupancy issued by a building code
official in accordance with the Pennsylvania Construction Code Act
(35
P. S. §§
7210.101-7210.1103).
(9)
Posting of business
hours. The dealership must post its regular business hours in a
conspicuous place for the visiting public.
Notes
The provisions of this § 19.18 issued under sections 2 and 5(e) of the Board of Vehicles Act (63 P. S. §§ 818.2 and 818.5(e)); amended under section 4(9) of the Board of Vehicles Act (63 P. S. § 818.4(9)).
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