Section 75 IAC 2-2-3 - Dealer license requirementsAuthority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-32
Sec. 3.
Under IC 9-32, dealers designated dealer-new, dealer-used, motorcycle dealer-new, and motorcycle dealer-used shall meet the following requirements:
(1) A dealer must have a license issued by the secretary of state in order to receive dealer plates.(2) An application for a new dealer license and dealer plates may be submitted any time prior to December 15 for the current license year. A dealer license renewal application may be submitted thirty (30) days prior to the license expiration date.(3) An applicant who applies for a license after December 15 shall be eligible to be licensed for the following year.(4) Only one (1) dealer can be licensed from the same address or established place of business.(5) In addition to the requirements outlined in IC 9-32, a dealer must meet the following minimum requirements:(A) The dealer must provide a federal identification number and a retail merchant's certificate number.(B) The dealer must, for the entire licensing period, have an established place of business with an Indiana address other than an Indiana post office box address. Dealer licenses and dealer plates shall be mailed to the business address only. The established place of business may not house a secondary business unless that business is closely related to the sale of motor vehicles and this secondary business does not provide in excess of fifty percent (50%) of the dealer's gross income. Multiple business locations such as strip office malls, garages, or residential properties shall be accepted if:(i) a separate entrance is maintained;(ii) a separate address is maintained, and the business location is not a part of or attached to a residential dwelling;(iii) local zoning requirements are met;(iv) a distinct impression of separate businesses is given to the general public; and(v) all other location and office requirements are met.(C) The dealer's established place of business shall:(i) be accessible to the public;(ii) have at least a space of one thousand three hundred (1,300) square feet and be able to accommodate the display of a minimum of ten (10) vehicles of the kind and type which the dealer is licensed to sell and space for customer parking;(iii) meet all local zoning requirements;(iv) be well lit during hours of operation; and(v) have display and customer parking areas adequately surfaced with asphalt, concrete, rock, or substance which will not change with weather conditions.(D) The dealer's office shall be:(i) housed at the dealer's established place of business;(ii) at least one hundred (100) square feet in size;(iii) equipped with office furniture such as a desk, chairs, and filing cabinets; and(iv) served with utilities such as electricity, lighting, heat, and a business telephone.(E) The dealer must provide garage liability insurance for the established place of business under 9-32-11-14[IC 9-32-11-14 ].(F) The dealer must provide photographs of the established place of business with the initial application for dealer license. These photographs must include, but are not limited to, the major:(i) sales and storage lot;(ii) exterior advertising sign; and(iii) display and office building. The photographs must not be less than three (3) inches by five (5) inches in size. The photographs will be required to be updated if the dealership is moved or if its physical facilities are substantially altered or modified.
(G) The dealer must be in good standing with the bureau of motor vehicles, the department of revenue, and the state police department.(H) The dealer must provide, with the initial licensing application, evidence of a franchise or contract agreement, if applicable, showing a sales arrangement with a manufacturer, converter manufacturer, or distributor.(I) The dealer must maintain, at the established place of business, a conspicuous, permanent sign identifying the dealer by the name in which the dealer is licensed and the dealership's hours of operation.(J) The dealer's established place of business must be accessible to the public for a minimum of thirty (30) hours each week during normal business hours. For the purpose of this rule, "accessible" means the place of business must be: (i) manned at least thirty (30) hours each week;(ii) manned at least twenty (20) hours each week and a telephone answering, paging, or mobile service offered during the remaining ten (10) hours each week, the number for which is identified on the business sign; or(iii) opened by appointment at least thirty (30) hours each week by maintaining a manned telephone or mobile telephone service for a minimum of ten (10) hours each week and a telephone answering, paging, or mobile service offered during remaining twenty (20) hours each week, the number for which is identified on the business sign.Secretary of State; 75 IAC 2-2-3; filed Jan 5, 1994, 5:00 p.m.: 17 IR 973; readopted filed Oct 17, 2001, 4:50 p.m.: 25 IR 912; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA; errata filed Jul 22, 2013, 10:52 a.m.: 20130807-IR-075130343ACA; readopted filed Nov 13, 2013, 3:25 p.m.: 20131211-IR-075130451RFAUnder P.L. 184-2007, SECTION 66, 140 IAC 3.5-2-4 was renumbered by the Publisher as 75 IAC 2-2-3, effective July 1, 2007.