Indiana Administrative Code › Title 75 - SECRETARY OF STATE › Article 2 - DEALER LICENSING (REPEALED) › Rule 2 - Application of Article › Section 2-3 - Dealer license requirements

Current through July 10, 2024
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-32
Sec. 3.
Under IC 9-32, dealers designated dealer-new, dealer-used,
				  motorcycle dealer-new, and motorcycle dealer-used shall meet the following
				  requirements:
(1) A dealer must have a
				license issued by the secretary of state in order to receive dealer
				plates.
(2) An application for a
				new dealer license and dealer plates may be submitted any time prior to
				December 15 for the current license year. A dealer license renewal application
				may be submitted thirty (30) days prior to the license expiration
				date.
(3) An applicant who applies
				for a license after December 15 shall be eligible to be licensed for the
				following year.
(4) Only one (1)
				dealer can be licensed from the same address or established place of
				business.
(5) In addition to the
				requirements outlined in IC 9-32, a dealer must meet the following minimum
				requirements:
(A) The dealer must provide a
				federal identification number and a retail merchant's certificate
				number.
(B) The dealer must, for
				the entire licensing period, have an established place of business with an
				Indiana address other than an Indiana post office box address. Dealer licenses
				and dealer plates shall be mailed to the business address only. The established
				place of business may 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.
				Multiple business locations such as strip office malls, garages, or residential
				properties shall be accepted if:
(i) a
				separate entrance is maintained;
(ii) a separate address is maintained, and
				the business location is not a part of or attached to a residential
				dwelling;
(iii) local zoning
				requirements are met;
(iv) a
				distinct impression of separate businesses is given to the general public;
				and
(v) all other location and
				office requirements are met.
(C) The dealer's established place of
				business shall:
(i) be accessible to the
				public;
(ii) have 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) vehicles of the kind and type which the
				dealer is licensed to sell and space for customer parking;
(iii) meet all local zoning
				requirements;
(iv) be well lit
				during hours of operation; and
(v)
				have display and customer parking areas adequately surfaced with asphalt,
				concrete, rock, or substance which will not change with weather
				conditions.
(D) The
				dealer's office shall be:
(i) housed at the
				dealer's established place of business;
(ii) at least one hundred (100) square feet
				in size;
(iii) equipped with office
				furniture such as a desk, chairs, and filing cabinets; and
(iv) served with utilities such as
				electricity, lighting, heat, and a business telephone.
(E) The dealer must provide garage liability
				insurance for the established place of business under 9-32-11-14
[IC
				9-32-11-14 ]
.
(F) The
				dealer must provide photographs of the established place of business with the
				initial application for dealer license. These photographs must include, but are
				not limited to, the major:
(i) sales and
				storage lot;
(ii) exterior
				advertising sign; and
(iii) display
				and office building.
The photographs must not be less than three (3) inches by
				  five (5) inches in size. The photographs will be required to be updated if the
				  dealership is moved or if its physical facilities are substantially altered or
				  modified.
(G)
				The dealer must be in good standing with the bureau of motor vehicles, the
				department of revenue, and the state police department.
(H) The dealer must provide, with the initial
				licensing application, evidence of a franchise or contract agreement, if
				applicable, showing a sales arrangement with a manufacturer, converter
				manufacturer, or distributor.
(I)
				The dealer must maintain, at the established place of business, a conspicuous,
				permanent sign identifying the dealer by the name in which the dealer is
				licensed and the dealership's hours of operation.
(J) The dealer's established place of
				business must be accessible to the public for a minimum of thirty (30) hours
				each week during normal business hours. For the purpose of this rule,
				"accessible" means the place of business must be:
(i) manned at least thirty (30) hours each
				week;
(ii) manned at least twenty
				(20) hours each week and a telephone answering, paging, or mobile service
				offered during the remaining ten (10) hours each week, the number for which is
				identified on the business sign; or
(iii) opened by appointment at least thirty
				(30) hours each week by maintaining a manned telephone or mobile telephone
				service for a minimum of ten (10) hours each week and a telephone answering,
				paging, or mobile service offered during remaining twenty (20) hours each week,
				the number for which is identified on the business sign.