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§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.
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