Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1020 - DEALERS, WRECKERS, TRANSPORTERS AND REBUILDERS › Section 1020.10 - Dealers Established Place of Business

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each person or entity seeking to be or
			 already duly licensed as a new or used vehicle dealer under the Illinois
			 Vehicle Code (IVC) [625 ILCS 5 ] shall maintain an established place of
			 business that shall, in addition to those requirements in IVC Section 5-100,
			 meet the following requirements:
1) Have
			 office facilities in a building for maintaining and keeping books and records
			 as are required. The office facilities shall be permanently mounted on a fixed
			 foundation and may not include a trailer with axle attached and still moveable.
			 It may include, however, a house trailer in a licensed mobile home park or
			 dealership lot with tires removed and utilities attached.
2) Be properly and permanently equipped with
			 the necessary office equipment and machines and documents and papers adequate
			 to properly conduct business as a dealer and must be within a permanent
			 building or structure as required in subsection (a)(1).
3) Be equipped with an operating telephone
			 for inbound and outbound calls, have the business telephone number published in
			 the telephone directory generally available in the dealership area, and be
			 adequately equipped with operating electric lights.
4) Have the name of the dealership posted on
			 the front entrance door.
5) Have
			 posted on the front entrance door a sign setting forth the days and regular and
			 reasonable hours when open for business. A dealership shall not be deemed as
			 being open for business unless at least one employee, who is able to conduct
			 regular business, is on the premises and available to the public. The
			 dealership must be operated consistent with general dealer practices. The
			 dealership must be open for business at least 5 days out of each 7 days in a
			 week, and a minimum of 4 consecutive hours per day. However, dealers who
			 operate their dealerships less than 12 months shall state in the license
			 application those months in which the dealership is closed and shall not be
			 required to maintain regular business hours during the period of closure. The
			 months of closure shall also be posted in a prominent place for the public to
			 see in the dealership office.
6)
			 Maintain a lot (the area not occupied by a building) that shall be surfaced
			 with rock or better surface material, and that shall be properly illuminated,
			 if open after sundown, so that vehicles for sale can be properly inspected by
			 any prospective customer.
A) The lot used for
			 sale of vehicles shall be separate and apart from any other business. In
			 addition, if a dealer is selling both new and used cars, the new cars shall be
			 parked separately and apart from used cars.
B) The lot requirement described in this
			 subsection (a)(6) shall not be applicable if the place of business has an
			 indoor showroom, properly illuminated, for the display of vehicles held for
			 sale.
C) The separate lot
			 requirement specified in subsection (a)(6)(A) shall not prohibit the operation
			 by the dealer of other businesses on the same premises, which shall include the
			 lot, provided that the businesses are reasonably related to the sale or
			 operation of new or used automobiles, if the sale of new or used automobiles
			 constitutes at least 50% of the gross revenues of the license holder.
			 Businesses reasonably related to the sale or operation of automobiles shall
			 include only the sale of automobile parts and accessories, the sale of
			 gasoline, diesel fuel, oil and lubricant, the sale of automobile tires, the
			 leasing of automobiles, insuring automobiles, and financing of automobiles sold
			 by the licensed dealers engaged in these businesses. Licensed dealers engaged
			 in operating businesses other than those stated in this subsection (a)(6)(C)
			 shall remove unauthorized businesses or modify them to comply with this Section
			 within 60 days after notification by the Secretary of State, or be subject to
			 the revocation or suspension of their dealer's license.
7) Dealership in a Department Store - When a
			 dealer maintains a place of business within a department store, the dealership
			 shall be separated from other operations of the department store.
8) Sign - Display a permanent sign bearing
			 the name of the dealership, which shall be properly illuminated if open after
			 sundown and which shall be visible from the highway, as defined at IVC Section
			 1-126, leading to the established place of business.
9) Display a federally required pricing
			 document on all new motor vehicles held for sale.
10) If the premises are leased, the lease
			 must be for at least the duration of the current licensed period.