Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 3 - LICENSING AND REGULATION (§§ 23-112-301 — 23-112-319) › Section 23-112-301 - License required - Definition

(a)
Notwithstanding any other statute, the following acts are declared to be unlawful:
(1)
The violation of any of the provisions of this chapter; and
(2)
For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, manufacturer, importer, distributor, factory branch or division, distributor branch or division, factory representative, distributor representative, second-stage manufacturer, or converter, as such, in Arkansas without first obtaining a license therefor as provided in this chapter, regardless of whether or not the person maintains or has a place of business in Arkansas.
(b)
Any person, firm, association, corporation, or trust engaging, acting, or serving in more than one (1) of these capacities or having more than one (1) place where such a business is carried on or conducted shall be required to obtain and hold a separate and current license for each capacity and place of business.
(c)
(1)
However, any licensed motor vehicle dealer shall not be required to obtain a license as a motor vehicle lessor for any location licensed as a motor vehicle dealer.
(2)
A motor vehicle lessor shall be required to obtain only one (1) motor vehicle lessor's license, regardless of the number of leasing locations he or she owns and operates but shall list each location on his or her application and pay a fee of fifty dollars ($50.00) for each location.
(3)
New lease locations opened after a license is issued shall be approved by the Arkansas Motor Vehicle Commission but shall not require a new license.
(4)
A motor vehicle lessor shall sell or offer for sale used motor vehicles only from an established place of business and only after application to, approval of, and licensure at each location by the commission.
(d)
(1)
A person shall not engage in the business of buying, selling, or exchanging motor vehicles unless he or she:
(A)
Holds a valid motor vehicle dealer license issued by the commission for the makes of motor vehicles being bought, sold, or exchanged; or
(B)
Is a bona fide employee or agent of the licensed motor vehicle dealer.
(2)
As used in this subsection, "engage in the business of buying, selling, or exchanging motor vehicles" means:
(A)
Displaying for sale motor vehicles on a lot or showroom;
(B)
Advertising for sale new motor vehicles regardless of the medium used; or
(C)
Regularly or actively soliciting buyers for motor vehicles.
Amended by Act 2021, No. 1077,§ 3, eff. 7/28/2021.
Amended by Act 2021, No. 504,§ 6, eff. 7/28/2021.
Amended by Act 2021, No. 504,§ 5, eff. 7/28/2021.
Acts 1975, No. 388, §§ 5, 8, 10; 1977, No. 838, § 2; 1985, No. 1032, §§ 3, 6; 1985, No. 1058, §§ 3, 6; A.S.A. 1947, §§ 75-2305, 75-2308, 75-2310; Acts 1989, No. 678, § 1; 1995, No. 568, § 4; 1997, No. 1154, § 9; 1999, No. 1042, § 2; 2001, No. 1053, § 2; 2009, No. 756, § 6.