New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 21 - LICENSING SERVICE › Subchapter 15 - NEW JERSEY LICENSED MOTOR VEHICLE DEALERS AND LEASING DEALERS › Section 13:21-15.4 - Established place of business

Current through Register Vol. 56, No. 14, July 15, 2024
(a)  All licensees shall maintain a permanent, properly identified place of business, at which place of business shall be kept and maintained the books, records, and files necessary to conduct the business, including, but not limited to, all documents required at N.J.S.A. 39:10-6, all payroll records, including, but not limited to, IRS Form W-4 and W-2 records, and all records required pursuant to N.J.A.C. 12:56-4, checkbooks, and ledgers for business accounts and trust accounts, all unissued temporary registrations, dealer reassignments, corporate authorities and licenses, dealer plates, and ledgers listing all issued and unissued temporary registrations, dealer assignments, and dealer plates. In the event that a dealership maintains branches or a licensee operates multiple licensed dealerships under common ownership or control (a dealership group), and the remaining requirements of this subsection are met at each dealership branch site or each individual dealership site within a dealership group, records that are not immediately necessary for the conduct of current business at a dealership branch site, or an individual dealership site within a dealership group may be maintained at the main or principal place of business of the dealership or dealership group or at a centralized recordkeeping facility. Licensees conducting online sales may keep and maintain non-physical, electronic records of online sales of motor vehicles and shall have a stable internet connection in the licensee's office. A stable internet connection shall be a high-speed internet connection provided by an internet service provider at the place of business.
(b)  All new motor vehicle dealers shall establish and maintain a place of business in this State consisting of a permanent building of not less than 1,000 square feet in floor space, to be used principally for the servicing and display of at least two motor vehicles with such equipment installed therein as shall be requisite for the servicing of motor vehicles in such manner as to make them comply with the laws of this State and with any rules promulgated by the Commission governing the equipment, use, and operation of motor vehicles within the State. A new motor vehicle dealer's proposed place of business will not be considered suitable for approval if there already exists one or more licenses issued for, or other business entities present in, the same building, except where there is absolute common identity of ownership or where an affiliated motor vehicle leasing company is licensed as a leasing dealer and in such cases a record of the transactions of each licensee shall be separately maintained.
(c)  All used motor vehicle dealers shall maintain a permanent, properly identified place of business in this State with a minimum office space of 72 square feet within a permanent, enclosed building and where there are included or immediately contiguous, clearly identified, fixed facilities to display at least two automobiles.
(d)  A proposed place of business for a used motor vehicle dealer will not be considered suitable for approval if there already exists one or more licenses issued for, or other business entities present in, the same building. A proposed place of business of a used motor vehicle dealer is deemed to occupy the same building as another business if the two entities:
1.  Are not completely separated by exterior walls or a firewall as defined by and conforming to sections 202 and 706 of the 2021 International Building Code, known as the "IBC/2021," as adopted by the New Jersey Department of Community Affairs, as the building subcode of the Uniform Construction Code pursuant to N.J.A.C. 5:23-3.14. Applicants and licensees shall submit proof of compliance with the exterior wall or firewall requirement certified by a New Jersey-licensed engineer, New Jersey-licensed architect, or municipal code official, and subject to inspection and approval by the Chief Administrator, or designee.
i.  For a proposed place of business located in a building housing more than one business, within which there was at least one licensed dealer and one other business prior to March 6, 2006, and where there is a fire suppression system approved by a local building code official or the New Jersey Department of Community Affairs, walls must be either exterior walls or standard walls constructed separately from any other wall. A proposed place of business meeting this criteria must also be certified to meet the requirements stated in this section by a New Jersey-licensed engineer, New Jersey-licensed architect, or municipal code official.
ii.  For the purposes of this subsection, a standard wall shall be a typical wall section at least eight feet in height, consisting of 2" X 4" wood or metal studs with one layer of 5/8 inch gypsum wall board on each side.
iii.  A proposed place of business located in new construction or in an addition over, or in an addition extending beyond the existing perimeter of, a building subject to this subsection shall meet the firewall requirement of this subsection.