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§47-564.1.
§47-564.1.
Licensing of off-premises displays of new motor vehicles and
off-premise sales of new recreational vehicles.
A. The Oklahoma Motor Vehicle Commission shall provide for licensing
of off-premise displays of new motor vehicles and off-premise sales of
new recreational vehicles, by currently licensed new motor vehicle
dealers as follows:
1. An off-premise display with prior approval by the manufacturer or
distributor for promotional purposes not at the established place of
business may be held under the following conditions:
a. a disclaimer that the motor vehicles are for display purposes only
and not for sale shall be placed on the motor vehicles in a manner to
be prescribed by the Commission,
b. no selling activities shall be conducted, and
c. display is in dealer's factory-approved area of sales and service
responsibility;
2. Except as otherwise provided by this section, an off-premise
promotion by an individual new recreational vehicle dealer at which
sales activities are conducted with prior written approval by the
manufacturer or distributor may be held only under the following
conditions:
a. the dealer shall hold the sales promotion within a five-mile radius
of the licensed individual dealer, but not closer than a five-mile
radius of an existing same line-make dealer, unless written permission
is obtained from the same line-make dealer,
b. the sales promotion shall not be held on the first day of the week,
commonly called Sunday,
c. a license for a sales promotion by an individual dealer shall be
obtained from the Commission at the rate of Fifteen Dollars ($15.00)
per vehicle, per event, and
d. the sponsoring entity of the sales promotion shall obtain a permit
from the Commission at the rate of Two Hundred Dollars ($200.00) per
event. The license shall be for a period not to exceed ten (10)
consecutive days;
3. Except as otherwise provided by this section, a sales promotion by
new recreational vehicle dealers selling the same line-make of new
recreational vehicles, at which sales activities are conducted and
with prior written approval by the manufacturer or distributor shall
be held only under the following conditions:
a. all participants in the sales promotion shall be new recreational
vehicle dealers who are located within a ten-mile radius of the
proposed sales promotion site,
b. the promotion shall not be held within a one-mile radius of a
nonparticipating new recreational vehicle dealer of the same
line-make, unless written permission is obtained from the same
line-make dealer,
c. the sales promotion shall not be held on the first day of the week,
commonly called Sunday,
d. a license for a sales promotion under this paragraph shall be
obtained from the Commission at the rate of Fifteen Dollars ($15.00)
per vehicle, per event,
e. the sponsoring entity of the sales promotion shall obtain a license
from the Commission at the rate of Two Hundred Dollars ($200.00) per
event, and
f. the license shall be for a period not to exceed ten (10)
consecutive days; and
4. Except as otherwise provided by this section, a sales promotion in
which all the participating new recreational vehicle dealers are
located within a ten-mile radius of the proposed location of the sales
promotion event or participating new recreational vehicle dealers that
are bound together by a common charter that operates within such a
described area, at which selling activities are conducted and with
prior written approval of the manufacturer or distributor, shall be
conducted only under the following conditions:
a. a license for a sales promotion described in this paragraph shall
be obtained from the Commission at the rate of Fifteen Dollars
($15.00) per vehicle, per event,
b. the license shall be for a period not to exceed ten (10)
consecutive days. The promotion shall not be held within a five-mile
radius of a nonparticipating new recreational vehicle dealer of the
same line-make, unless written permission is obtained from the same
line-make dealer,
c. the sales promotion shall not be held on the first day of the week,
commonly called Sunday, and
d. the sponsoring entity of the sales promotion shall obtain a license
from the Commission at the rate of Two Hundred Dollars ($200.00) per
event.
B. The Oklahoma Motor Vehicle Commission is authorized to provide a
variance to the distance requirements pursuant to this section for any
off-premise promotion or sales promotion if such promotional
activities are conducted within municipally owned or controlled
facilities or within the grounds of any fair association organized
pursuant to the provisions of Title 2 of the Oklahoma Statutes for
Agricultural Fair Corporations, the Free Oklahoma State Fair, Free
District Fairs, and Agricultural and Industrial Expositions and Fairs
or any county, district or state fair. The Oklahoma Motor Vehicle
Commission shall promulgate procedures and rules and regulations
effectuating the provisions of this subsection.
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