Compilation of Rules and Regulations of the State of Georgia › Department 681 - RULES OF STATE BOARD OF REGISTRATION OF USED MOTOR VEHICLE DEALERS AND USED MOTOR VEHICLE PARTS DEALERS USED MOTOR VEHICLE DIVISION › Chapter 681-6 - ESTABLISHED PLACE OF BUSINESS › Rule 681-6-.01 - Established Place of Business

Current through Rules and Regulations filed through June 27, 2024
(a)
			 Used motor vehicle dealers and parts dealers shall be required to maintain an
			 "established place of business", which shall be a permanent building meeting
			 the requirements of Rule
			  681-1-.01(f)  where
			 the records required to be kept in Rule
			  681-1-.01(y)  are
			 located and from which sales are negotiated. In determining whether the
			 building meets the requirements of Rule
			  681-1-.01(f), the
			 Board will allow modular or manufactured office buildings that are tied down
			 and on blocks, with the wheels removed. Effective January 1, 2007, the Board
			 will not allow storage buildings or similar moveable structures that are
			 clearly manufactured or constructed for purposes unrelated to office use. Any
			 dealer who has previously obtained licensure in such a building will be allowed
			 to remain in such building as long as the dealer remains at the location of
			 licensure; however, effective January 1, 2007, if the dealer changes location,
			 or allows the license to lapse, the dealer must meet the requirements of this
			 rule.
(b) A dealer who operates an
			 open lot, according to Rule
			  681-1-.01(r), shall
			 conduct business in a building on the same property as the display lot. If the
			 dealer is a used car broker, and will not display an inventory of vehicles for
			 sale, the requirements of this rule for an established place of business shall
			 still be met, with the exception of the display area for vehicles. Effective
			 January 1, 2007, for new applicants, only one dealer shall be licensed to
			 operate an open lot on a plat of property as defined by the county tax
			 assessor's office records. Once a dealer is licensed to operate an open lot on
			 a defined plat of property, no other dealer, including a broker, shall be
			 licensed to operate on the same plat of property. Dealers who allow their
			 licenses to lapse must meet the requirements of this rule in order to reinstate
			 the license.
(c) The established
			 place of business shall also have installed and maintain a working land line
			 telephone whose number shall be listed in the licensee's trade name, the same
			 as that which is listed in the application and in any advertisement by the
			 dealer made available to the consumer. The established place of business shall
			 also erect and maintain a permanent sign which shall be in compliance with
			 board rules and the local ordinances of the particular city or county in which
			 the established place of business is located. If no local ordinances exist,
			 then the Board's criteria for an appropriate permanent sign shall be met. The
			 sign shall list the trade name of the licensee, the same as that which is
			 listed in the application and in any advertisement by the dealer. If the
			 telephone number is listed on the sign, it shall be the phone number listed in
			 the application and in any advertisement by the dealer.
(d) Free-standing signs shall be affixed to a
			 metal base or frame with concrete footings. Signs affixed to the building shall
			 be so affixed by metal bolts or on a metal frame affixed to the building by
			 metal bolts. Signs shall be professionally designed on permanent material, and
			 the lettering applied on the sign shall be a minimum of six inches in height.
			 At least one sign must be located and positioned to be clearly visible to
			 consumers from the street. Signs painted on the building, or on the door or
			 window of the building are allowed, as long as the painted sign meets local
			 ordinances and/or board criteria for size of lettering and visibility to
			 consumers from the street.
(e)
			 Effective January 1, 2007, a used motor vehicle dealer may operate from an
			 office suite in an office complex, provided that the facility meets the
			 criteria established in this rule and in Board Rule
			  681-3-.05. The permanent sign for the
			 dealer must be erected at the nearest point of public access from the street to
			 the building in which the dealer has established the office. Local ordinance
			 and property lease regulations will authorize where the sign may be erected and
			 displayed. At a minimum, the sign shall be at the entrance to the building, in
			 a publicly displayed marquee in the lobby of the building that lists all
			 businesses within the building, and directly outside the entrance to the office
			 of the dealer.
(f) Effective
			 January 1, 2007, used motor vehicle dealers may be permitted to operate from a
			 residential address, as long as local ordinances allow such operations in a
			 residential area, and in accordance with Board rules. The requirement for an
			 appropriate permanent sign must be met at the location. The office of the used
			 motor vehicle dealer shall be a separate building that is detached from the
			 residence. Such office shall be readily accessible to the public and to
			 official inspectors during regular business hours. Such office shall have a
			 dedicated phone line for the business telephone required by OCGA §
								43-47-2(3), as
			 well as for computers and related equipment used exclusively for the business.
			 The office shall also contain the office furnishings and filing cabinets
			 necessary to file the records required by OCGA §§
								43-47-2(3) and  
			  43-47-12. The license issued by
			 the appropriate division of the Board shall be displayed in a conspicuous place
			 within the office, as well as the sales & use tax number issued by the
			 Georgia Department of Revenue and the local business license.
O.C.G.A. Secs.
				  43-47-2,  43-47-6,  43-47-12.