Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 6 - AUTO DEALER SERVICES › Rule 2 - Licensing › Section 2-2 - Dealer license requirements

Current through July 10, 2024
Authority: IC
				  9-13-2-42; IC
				  9-32-3-1; IC
				  9-32-11-8
Affected: IC
				  9-13-2; IC 9-32
Sec. 2.
(a) In
				addition to the requirements found in IC 9-32, dealers licensed or applying to
				be licensed as dealer-new or dealer-used shall meet the following requirements
				at the time of applying for the license and for the entire licensing period:
(1) No other dealer is licensed at or
				operating from the same address or established place of business at which the
				dealer is licensed or applying to be licensed. An exemption may be granted at
				the secretary's discretion if all dealers licensed and operating from the same
				address or established place of business have common, identical ownership and
				there is no more than one (1) of a particular license type at the same address
				or established place of business.
(2) The dealer's established place of
				business is located in Indiana and has an Indiana address that is not:
(A) an Indiana post office box
				address;
(B) a location that
				functions like a mailbox box facility; or
(C) a location that only provides ministerial
				services by a contract employee.
(3) The established place of business at
				which the dealer is licensed or applying to be licensed meets the following
				requirements:
(A) Does not house a secondary
				business unless that business is closely related to the sale of motor vehicles
				and this secondary business does not provide in excess of fifty percent (50%)
				of the dealer's gross income. An exemption may be granted at the secretary's
				discretion so long as there are no concerns regarding the qualifications and
				eligibility of the applicant to receive the license or the ability of the
				applicant to conduct properly the business for which the application is
				submitted.
(B) Is not at a retail
				complex location such as a strip office mall or garage unless the location and
				established place of business meet the following requirements:
(i) A separate exterior entrance is
				maintained.
(ii) A separate address
				is maintained.
(iii) The business
				location is not a part of or attached to a residential dwelling.
(iv) Local zoning requirements are
				met.
(v) A distinct impression of
				separate businesses is given to the general public, which may include
				distinguishable parking lot space properly marked for display of a minimum of
				ten (10) vehicles.
(vi) Vehicles
				within the dealer's inventory that are located in the dealer's display space
				must be clearly marked with the name in which the dealer is licensed.
(vii) All other location and office
				requirements are met.
(C)
				Is accessible to the public.
(D)
				Has at least a space of one thousand three hundred (1,300) square feet and be
				able to accommodate the display of a minimum of ten (10) motor vehicles of the
				kind and type that the dealer is licensed to sell.
(E) Is well lit during hours of
				operation.
(F) Has sufficient space
				for customer parking. Customer parking areas must be adequately surfaced with
				asphalt, concrete, rock, or other substance that will not change with weather
				conditions.
(G) Has a conspicuous
				permanent sign identifying the dealer by the name in which the dealer is
				licensed or applying to be licensed and the dealership's hours of
				operation.
(H) Is open to the
				public for a minimum of:
(i) thirty (30)
				hours each week during normal business hours; or
(ii) twenty (20) hours each week with a
				telephone answering, paging, or mobile service offered an additional ten (10)
				hours each week, the number for which is identified on the business sign.
An exemption for this requirement may be given at the
				  secretary of state's discretion so long as there are no concerns regarding the
				  qualifications and eligibility of the applicant to receive the license or the
				  ability of the applicant to conduct properly the business for which the
				  application is submitted.
(I) Has a dealer office that is:
(i) at least one hundred (100) square feet in
				size;
(ii) equipped with office
				furniture such as a desk, chairs, and filing cabinets;
(iii) served with utilities such as:
(AA) electricity;
(BB) lighting;
(CC) heat;
(DD) operational plumbing; and
(EE) a business telephone;
				and
(iv) reflective of
				functional use and operation of the license. An exemption for the requirements
				in items (i) through (iii) may be given at the secretary's discretion so long
				as there are no concerns regarding the qualifications and eligibility of the
				applicant to receive the license or the ability of the applicant to conduct
				properly the business for which the application is
				submitted.