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168.27.10(a)(5)
Statute ID:
16667
Statute Function ID:
35036
Motor Vehicle Dealers - Place of business requirements; Motor Vehicle Auctioneer
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Petty Misdemeanor (PM)
General Offense Code:
DWI/Traffic/Vehicle Regulation (4)
Offense Summary Code & Rank:
Traffic/Accidents(exclude DWI) (J) (Rank 28)
Detailed Offense Code:
Traffic/Transportation (499)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
Yes
Petty Misdemeanor Only if Prosecutor Certifies:
Yes
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
168.27.10(a)(5)
Enactment Date:
May 24, 2013
Effective Date:
Aug 1, 2013
Expiration Date:
Repealed?:
No
Summary Text:
Motor Vehicle Dealers - Place of business requirements; Motor Vehicle Auctioneer
Statute ID:
16667
Created:
Jul 10, 2017 by mnjis.legal.analyst@state.mn.us
Updated:
Jul 10, 2017 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Added per request
Summary Text:
Motor Vehicle Dealers - Place of business requirements; Motor Vehicle Auctioneer
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/168/27.html
Legislative Session:
2013 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 10, 2017
(a) All licensees under this section shall have an established place of business which shall include as a minimum: (1) For a new motor vehicle dealer, the following: (i) a commercial building owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours. Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public; (ii) a bona fide contract or franchise (A) in effect with a manufacturer or distributor of the new motor vehicles the dealer proposes to sell, broker, wholesale, or auction, or (B) in effect with the first-stage manufacturer or distributor of new motor vehicles purchased from a van converter or modifier which the dealer proposes to sell, broker, wholesale, or auction, or (C) in effect with the final-stage manufacturer of the new type A, B, or C motor homes which the dealer proposes to sell, broker, wholesale, or auction; (iii) a facility for the repair and servicing of motor vehicles and the storage of parts and accessories, not to exceed ten miles distance from the principal place of business. The service may be provided through contract with bona fide operators actually engaged in the services; (iv) an area either indoors or outdoors to display motor vehicles that is owned or under lease by the licensee; and (v) a sign readily viewable by the public that clearly identifies the dealership by name. (2) For a used motor vehicle dealer, the following: (i) a commercial building owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or automatic telephone answering service during normal business hours. Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public; (ii) an area either indoors or outdoors to display motor vehicles which is owned or under lease by the licensee; and (iii) a sign readily viewable by the public that clearly identifies the dealership by name. (3) For a motor vehicle lessor, the following: a commercial office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours. Business hours must be conspicuously posted on the place of doing business and readily viewable by the public. The office space must be owned or under lease for a minimum term of one year by the licensee. (4) For a motor vehicle wholesaler, the following: a commercial office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours. The office space must be owned or under lease for a minimum term of one year by the licensee. (5) For a motor vehicle auctioneer, the following: a permanent enclosed commercial building, within or without the state, on a permanent foundation, owned or under lease by the licensee. The lease must be for a minimum term of one year. The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours. (6) For a motor vehicle broker, the following: a commercial office space where books, records, and files necessary to conduct business are kept and maintained with personnel available during normal business hours, or an automatic telephone answering service available during normal business hours. A sign, clearly identifying the motor vehicle broker by name and listing the broker's business hours, must be posted in a location and manner readily viewable by a member of the public visiting the office space. The office space must be owned or under lease for a minimum term of one year by the licensee. (7) For a limited used vehicle license holder, the following: a commercial office space where books, records, and files necessary to conduct nonprofit charitable activities are kept and maintained with personnel available during normal business hours, or an automatic telephonic answering service available during normal business hours. The office space must be owned or under lease for a minimum term of one year by the licensee. (b) If a new or used motor vehicle dealer maintains more than one place of doing business in a county, the separate places must be listed on the application. If additional places of business are maintained outside of one county, separate licenses must be obtained for each county. (c) If a motor vehicle lessor, wholesaler, auctioneer, or motor vehicle broker maintains more than one permanent place of doing business, either in one or more counties, the separate places must be listed in the application, but only one license is required. If a lessor proposes to sell previously leased or rented vehicles or if a broker proposes to establish an office at a location outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2, other than cities of the first class, the lessor or broker must obtain a license for each nonmetropolitan area county in which the lessor's sales are to take place or where the broker proposes to locate an office. (d) If a motor vehicle dealer, lessor, wholesaler, or motor vehicle broker does not have direct access to a public road or street, any privately owned roadway providing access to a public road or street must be clearly identified and adequately maintained. (e) A new or used motor vehicle dealer may establish a temporary place of business outside the county where it maintains its licensed location to sell horse trailers exclusively without obtaining an additional license. (f) A new or used motor vehicle dealer may establish a temporary place of business outside the county where it maintains its licensed location to sell recreational vehicles exclusively without obtaining an additional license if: (1) the dealer establishes a temporary place of business for the sale of recreational vehicles not more than four times during any calendar year; (2) each temporary place of business other than an official county fair or the Minnesota State Fair within the seven-county metropolitan area, as defined in section 473.121, subdivision 2, is established jointly with at least four other recreational vehicle dealers; (3) each temporary place of business other than an official county fair outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2, is established jointly with at least one other recreational vehicle dealer; (4) each establishment of a temporary place of business for the sale of recreational vehicles is for no more than 12 consecutive days; and (5) the dealer notifies the registrar of motor vehicles of each temporary place of business for the sale of recreational vehicles.
