THE APPLICATION IS FOR A TEMPORARY SALE. IF THE COMMISSION SIMPLY DENIED A LICENSE BECAUSE IT WAS AN APPLICATION FOR A TEMPORARY SALE, THE DENIAL COULD CERTAINLY APPEAR ARBITRARY AND BE CHALLENGED AS SUCH.
MOREOVER, SINCE ITS INCEPTION IN 1981, THE COMMISSION HAS ISSUED LICENSES TO APPLICANTS WHOSE INTENT WAS TO CONDUCT A SALE OF USED MOTOR VEHICLES AT A SPECIFIED LOCATION FOR A LIMITED TIME. IT IS ONLY RECENTLY THAT THE COMMISSION HAS SOUGHT TO REVERSE THAT POLICY. HOWEVER, CONTINUAL CONSTRUCTION OF A STATUTE BY THE AGENCY CHARGED TO ENFORCE IT MUST BE GIVEN GREAT WEIGHT. UNITED AIRLINES. INC. V. STATE BD. OF EQUALIZATION, 789 P.2D 1305 (OKLA. 1991). THEREFORE, IT WOULD BE IMPRUDENT FOR THE COMMISSION TO REVERSE ITSELF ABSENT STRONG JUSTIFICATION, SUCH AS HARM TO THE PUBLIC, FOR DOING SO.
YOU HAVE ALSO REQUESTED SOME GUIDANCE FOR THE COMMISSION IN EVALUATING APPLICATIONS FOR SALES OF LIMITED DURATION AS REFERENCED IN YOUR QUESTION ("TEMPORARY SALES"). IF THERE IS NO GENERAL POLICY TO CATEGORICALLY DENY THEM, THEN WHAT IS THE CRITERIA TO BE USED TO DETERMINE WHEN AND IF SUCH LICENSES SHOULD BE GRANTED?
THE FUNDAMENTAL RULE OF STATUTORY CONSTRUCTION IS TO ASCERTAIN AND, IF POSSIBLE, GIVE EFFECT TO THE INTENTION AND PURPOSE OF THE LEGISLATURE AS EXPRESSED IN THE STATUTE. JACKSON V. INDEPENDENT SCHOOL DIST. NO. 16 OF PAYNE COUNTY, 648 P.2D 26 (OKL.CR.1982). STATUTES DEALING WITH THE SAME GENERAL SUBJECT SHOULD BE CONSTRUED TOGETHER IN ORDER TO ARRIVE AT THE LEGISLATIVE INTENT IN ANY PARTICULAR SECTION. TWA V. MCKINLEY, 749 P.2D 108 (OKLA. 1988). BECAUSE THE ACT DOES NOT DEAL WITH TEMPORARY SALES SPECIFICALLY, WE MUST LOOK AT THE ACT IN ITS ENTIRETY TO DETERMINE ON WHAT BASIS THE COMMISSION MAY DENY OR GRANT A LICENSE TO A TEMPORARY SELLER.
FROM READING THE USED MOTOR VEHICLE ACT AS A WHOLE, ONE CAN DISCERN THAT ONE OF THE PURPOSES OF THE ACT IS TO PROTECT CONSUMERS FROM IRRESPONSIBLE, FLY-BY-NIGHT DEALERS AND SALESMEN. THUS, AN APPLICANT MUST PRESENT A GREAT DEAL OF INFORMATION TO THE COMMISSION TO SHOW FITNESS TO RECEIVE THE LICENSE APPLIED FOR INFORMATION RELATING TO FINANCIAL STANDING, BUSINESS INTEGRITY, ABILITY TO PROPERLY CONDUCT THE BUSINESS, WHETHER THE APPLICANT HAS AN ESTABLISHED PLACE OF BUSINESS AND IS ENGAGED IN THE BUSINESS FOR WHICH A LICENSE IS APPLIED FOR, AND "OTHER PERTINENT INFORMATION CONSISTENT WITH THE SAFEGUARDING OF THE PUBLIC INTEREST AND THE PUBLIC WELFARE." 47 O.S. 583(B)(1) (1992). ALL OF THESE ARE FACTORS TO BE CONSIDERED BY THE COMMISSION IN GRANTING ANY LICENSE.
ALSO, THE FIRST PORTION OF THE ACT WHICH HAS SOME RELEVANCE IS 582(E)(2)(B), AS AMENDED BY HOUSE BILL 1292. IT SAYS:
"2. AMONG THE COMMISSION'S POWERS AND DUTIES SHALL BE INCLUDED, BUT NOT LIMITED TO, THE FOLLOWING:
B. INSPECT USED MOTOR VEHICLE DEALER AND MANUFACTURED HOME DEALER LOCATIONS TO ENSURE THAT THEY ARE IN AN APPROVED LOCATION, MEET LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS, AND HAVE SUFFICIENT FACILITIES WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A BUSINESS SIGN, A LISTED AND USABLE TELEPHONE