[Previous] [Next]

§47-564.


§47-564.
   
   A. It shall be unlawful for any person, firm, association, corporation
   or trust to engage in business as, or serve in the capacity of, or act
   as a motor vehicle dealer, or motor vehicle salesperson, or
   manufacturer or distributor of new motor vehicles, or factory branch,
   distributor branch, or factory representative or distributor
   representative, as such, in this state without first obtaining a
   license therefor as provided for by law. Any person, firm,
   association, corporation or trust engaging in more than one of said
   capacities or having more than one place where such business is
   carried on or conducted shall be required to obtain and hold a current
   license for each thereof in which he, it or they shall be engaged.
   Provided that, a new motor vehicle dealer's license shall authorize
   one person to sell without a salesperson's license in the event such
   person shall be the owner of a proprietorship, or the person
   designated as principal in the dealer's franchise or the managing
   officer or one partner if no principal person is named in the
   franchise.
   
   B. Applications for licenses required to be obtained under provisions
   of this act shall be verified by the oath or affirmation of the
   applicant and shall be on forms prescribed by the Commission and
   furnished to such applicants, and shall contain such information as
   the Commission deems necessary to enable it to fully determine the
   qualifications and eligibility of the several applicants to receive
   the license or licenses applied for. The Commission shall require in
   such application, or otherwise, information relating to the
   applicant's financial standing, the applicant's business integrity,
   whether the applicant has an established place of business and is
   primarily engaged in the pursuit, avocation or business for which a
   license, or licenses, are applied for, and whether the applicant is
   able to properly conduct the business for which a license, or
   licenses, are applied for, and such other pertinent information
   consistent with the safeguarding of the public interest and the public
   welfare. All such applications for license or licenses shall be
   accompanied by the appropriate fee or fees therefor in accordance with
   the schedule thereof hereinafter set out. In the event any such
   application is denied and the license applied for is not issued, the
   entire license fee shall be returned to the applicant. All licenses
   issued under the provisions of this act shall expire on June 30,
   following the date of issue and shall be nontransferable. All
   applications for renewal of a license for a new motor vehicle dealer,
   salesperson, manufacturer, distributor or manufacturer's or
   distributor's representative shall be submitted by June 1 of each
   year, and such license or licenses will be issued by July 1. If
   applications have not been made for renewal of licenses at the times
   described in this subsection it shall be illegal for any person to
   represent himself and act as a dealer, salesperson, manufacturer,
   distributor or manufacturer's or distributor's representative. Tag
   agents will be notified not to accept such dealers' titles until such
   time as licenses have been issued by the Commission.
   
   Dealers' payrolls and other evidence will be checked to ascertain that
   all salespersons for such dealers are licensed.
   
   C. The schedule of license fees to be charged and received by the
   Commission for the licenses issued hereunder shall be as follows:
   
   1. For each factory branch or distributor branch, Two Hundred Dollars
   ($200.00) initial fee with annual renewal fee of One Hundred Dollars
   ($100.00);
   
   2. For each manufacturer or distributor of new motor vehicles, Two
   Hundred Dollars ($200.00) initial fee with annual renewal fee of One
   Hundred Dollars ($100.00);
   
   3. For each factory representative or distributor representative,
   Sixty Dollars ($60.00) annually;
   
   4. For the license issued initially to each new motor vehicle dealer,
   the fee shall be Two Hundred Dollars ($200.00) per franchise sold at
   each location licensed, with an annual renewal fee of Sixty Dollars
   ($60.00) per franchise sold at each location per year; and
   
   5. For each salesperson's license issued, Ten Dollars ($10.00) renewed
   annually.
   
   D. The licenses issued to each new motor vehicle dealer, manufacturer,
   distributor, factory branch, distributor branch or representative, if
   a corporation, shall specify the location of the factory, office or
   branch thereof. In case such location is changed, the Commission may
   endorse the change of location on the license without charge unless
   the change of address triggers a relocation of a new motor vehicle
   dealer pursuant to the provisions of Section 578 of this title. The
   license of each dealer shall be posted in a conspicuous place in the
   dealer's place or places of business.
   
   Every motor vehicle salesperson, factory representative or distributor
   representative if an individual shall have his or her license upon his
   person when engaged in his or her business, and shall display same
   upon request. The name of the employer of such salesperson, factory
   representative or distributor representative shall be stated on said
   license and, in case of a change of employer, the holder of such
   license shall immediately mail same to the Commission for its
   endorsement of such change thereon. The Commission shall endorse each
   such change of employer on said licenses without charge.
   

[Previous] [Next]