§47-583.

§47-583.
   
   A. 1. It shall be unlawful and constitute a misdemeanor for any
   person, firm, association, corporation, or trust to engage in business
   as, or serve in the capacity of, or act as a used motor vehicle
   dealer, used motor vehicle salesperson, wholesale used motor vehicle
   dealer, manufactured home dealer, or manufactured home manufacturer
   selling directly to a licensed manufactured home dealer in this state
   without first obtaining a license or following other requirements
   therefor as provided in this section.
   
   2. Any person, firm, association, corporation, or trust engaging,
   acting, or serving in the capacity of a used motor vehicle dealer
   and/or a used motor vehicle salesperson, or a manufactured home
   dealer, or having more than one place where the business of a used
   motor vehicle dealer or a manufactured home dealer is carried on or
   conducted shall be required to obtain and hold a current license for
   each thereof in which engaged. A used 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. A salesperson's license may not be issued under a wholesale
   used motor vehicle dealer's license.
   
   3. Any person, firm, association, corporation, or trust violating the
   provisions of this section shall, upon conviction, be fined not to
   exceed Five Hundred Dollars ($500.00). A second or subsequent
   conviction shall be punished by a fine not to exceed One Thousand
   Dollars ($1,000.00); provided that each day such unlicensed person
   violates this section shall constitute a separate offense, and any
   vehicle involved in a violation of this subsection shall be considered
   a separate offense.
   
   B. 1. Applications for licenses required to be obtained under
   provisions of this act, Section 581 et seq. of this title, which
   creates the Oklahoma Used Motor Vehicle and Parts Commission shall be
   verified by the oath or affirmation of the applicant and shall be on
   forms prescribed by the Commission and furnished to the 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 the application, or otherwise,
   information relating to:
   
   a. the applicant's financial standing,
   
   b. the applicant's business integrity,
   
   c. whether the applicant has an established place of business and is
   engaged in the pursuit, avocation, or business for which a license, or
   licenses, is applied for,
   
   d. whether the applicant is able to properly conduct the business for
   which a license, or licenses, is applied for, and
   
   e. such other pertinent information consistent with the safeguarding
   of the public interest and the public welfare.
   
   2. All applications for license or licenses shall be accompanied by
   the appropriate fee or fees in accordance with the schedule
   hereinafter provided. In the event any application is denied and the
   license applied for is not issued, the entire license fee shall be
   returned to the applicant.
   
   3. All bonds and licenses issued under the provisions of this act
   shall expire on December 31, following the date of issue and shall be
   nontransferable. All applications for renewal of dealers' licenses
   should be submitted by November 1 of each year, and licenses shall be
   issued by January 10. If applications have not been made for renewal
   of licenses, such licenses shall expire on December 31 and it shall be
   illegal for any person to represent himself or herself and act as a
   dealer thereafter. Tag agents shall be notified not to accept dealers'
   titles until such time as licenses have been issued.
   
   4. A used motor vehicle salesperson's license shall permit the
   licensee to engage in the activities of a used motor vehicle
   salesperson. Salespersons shall not be allowed to sell vehicles unless
   applications, bonds, and fees are on file with the Commission and the
   motor vehicle salesperson's or temporary salesperson's license issued.
   A temporary salesperson's license, salesperson's renewal or reissue of
   salesperson's license shall be deemed to have been issued when the
   appropriate application, bond, and fee have been properly addressed
   and mailed to 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 used motor vehicle dealer's license and each wholesale
   used motor vehicle dealer's license, Two Hundred Dollars ($200.00). If
   a used motor vehicle dealer or a wholesale used motor vehicle dealer
   has once been licensed by the Commission in the classification for
   which he or she applies for a renewal of the license, the fee for each
   subsequent renewal shall be One Hundred Dollars ($100.00); provided,
   if an applicant holds a license to conduct business as an automotive
   dismantler and parts recycler issued pursuant to Section 591.1 et seq.
   of this title, the initial fee shall be One Hundred Dollars ($100.00)
   and the renewal fee shall be Seventy-five Dollars ($75.00). If an
   applicant is applying simultaneously for a license under this
   paragraph and a license under paragraph 1 of Section 591.5 of this
   title, the initial application fee shall be One Hundred Fifty Dollars
   ($150.00);
   
   2. For a used motor vehicle dealer's license, for each place of
   business in addition to the principal place of business, Fifty Dollars
   ($50.00);
   
   3. For each used motor vehicle salesperson's license, Ten Dollars
   ($10.00);
   
   4. For each holder who possesses a valid new motor vehicle dealer's
   license from the Oklahoma Motor Vehicle Commission, One Hundred
   Dollars ($100.00) shall be the initial fee for a used motor vehicle
   license and the fee for each subsequent renewal shall be One Hundred
   Dollars ($100.00);
   
   5. For each manufactured home dealer's license, and for each place of
   business in addition to the principal place of business, Two Hundred
   Dollars ($200.00);
   
   6. For each renewal of a manufactured home dealer's license, and
   renewal for each place of business in addition to the principal place
   of business, One Hundred Dollars ($100.00); and
   
   7. For each manufactured home manufacturer selling directly to a
   licensed manufactured home dealer in this state, Seven Hundred Fifty
   Dollars ($750.00).
   
   D. 1. The license issued to each used motor vehicle dealer, each
   wholesale used motor vehicle dealer, and each manufactured home dealer
   shall specify the location of the place of business. If the business
   location is changed, the Commission shall be notified immediately of
   the change and the Commission may endorse the change of location on
   the license without charge. The license of each dealer shall be posted
   in a conspicuous place in the dealer's place or places of business.
   
   2. Every used motor vehicle salesperson shall have the license upon
   his or her person when engaged in business, and shall display same
   upon request. The name of the employer of the salesperson shall be
   stated on the license and if there is a change of employer, the
   license holder shall immediately mail the license to the Commission
   for its endorsement of the change thereon. There shall be no charge
   for endorsement of change of employer on the license or penalty for
   not having a license upon his or her person.
   
   E. 1. a. Each applicant for a used motor vehicle dealer's license
   shall procure and file with the Commission a good and sufficient bond
   in the amount of Ten Thousand Dollars ($10,000.00). Beginning November
   1, 1996, each new applicant for a used motor vehicle dealer's license
   for the purpose of conducting a used motor vehicle auction or whose
   business will consist primarily of consignment sales which total One
   Million Dollars ($1,000,000.00) or more in gross sales shall procure
   and file with the Commission a good and sufficient bond in the amount
   of Fifty Thousand Dollars ($50,000.00). For purposes of this
   subsection, "primarily of consignment sales" means seventy-five
   percent (75%) of sales in number of vehicles sold within the previous
   twelve (12) months. A new dealer with no history of consignment sales
   shall be required to purchase a bond in the amount of Ten Thousand
   Dollars ($10,000.00). In lieu of the bond, an applicant for a used
   motor vehicle dealer's license for the purpose of conducting a used
   motor vehicle auction which is restricted to a dealer-to-dealer
   transaction may obtain check and title insurance in an amount not less
   than the amount of the used motor vehicle auction bond.
   
   b. Each applicant for a wholesale used motor vehicle dealer's license
   shall procure and file with the Commission a good and sufficient bond
   in the amount of Twenty-five Thousand Dollars ($25,000.00).
   
   c. Each applicant for a manufactured home dealer's license shall
   procure and file with the Commission a good and sufficient bond in the
   amount of Thirty Thousand Dollars ($30,000.00).
   
   d. Each manufactured home manufacturing facility selling directly to a
   licensed manufactured home dealer in this state shall procure and file
   with the Commission a good and sufficient bond in the amount of Thirty
   Thousand Dollars ($30,000.00). In addition to all other conditions and
   requirements set forth herein, the bond shall require the availability
   of prompt and full warranty service by the manufacturer to comply with
   all warranties expressed or implied in connection with each
   manufactured home which is manufactured for resale in this state.
   
   e. The bond shall be approved as to form by the Attorney General and
   conditioned that the applicant shall not practice fraud, make any
   fraudulent representation, or violate any of the provisions of this
   act in the conduct of the business for which the applicant is
   licensed. One of the purposes of the bond is to provide reimbursement
   for any loss or damage suffered by any person by reason of issuance of
   a certificate of title by a used motor vehicle dealer, a wholesale
   used motor vehicle dealer, or a manufactured home dealer.
   
   2. If a motor vehicle dealer has a valid license issued by the
   Oklahoma Motor Vehicle Commission, then the bond as required by this
   subsection shall be waived.
   
   3. Each applicant for a used motor vehicle salesperson's license shall
   procure and file with the Commission a good and sufficient bond in the
   amount of One Thousand Dollars ($1,000.00). The bond shall be approved
   as to form by the Attorney General and conditioned that the applicant
   shall perform duties as a used motor vehicle salesperson without fraud
   or fraudulent representation and without violating any provisions of
   this act.
   
   4. The bonds as required by this section shall be maintained
   throughout the period of licensure. Should the bond be canceled for
   any reason, the license shall be revoked as of the date of
   cancellation unless a new bond is furnished prior to such date.
   
   F. Any used motor vehicle dealer or wholesale used motor vehicle
   dealer is required to furnish and keep in force a minimum of
   Twenty-five Thousand Dollars ($25,000.00) of single liability
   insurance coverage on all vehicles offered for sale or used in any
   other capacity in demonstrating or utilizing the streets and roadways
   in accordance with the financial responsibility laws of this state.
   
   G. Any manufactured home dealer is required to furnish and keep in
   force a minimum of One Hundred Thousand Dollars ($100,000.00) of
   garage liability and completed operations insurance coverage.