Section 75 IAC 6-2-2 - Dealer license requirementsAuthority: IC 9-13-2-42; IC 9-32-3-1; IC 9-32-11-8
Affected: IC 9-13-2; IC 9-32
Sec. 2.
(a) In addition to the requirements found in IC 9-32, dealers licensed or applying to be licensed as dealer-new or dealer-used shall meet the following requirements at the time of applying for the license and for the entire licensing period: (1) No other dealer is licensed at or operating from the same address or established place of business at which the dealer is licensed or applying to be licensed. An exemption may be granted at the secretary's discretion if all dealers licensed and operating from the same address or established place of business have common, identical ownership and there is no more than one (1) of a particular license type at the same address or established place of business.(2) The dealer's established place of business is located in Indiana and has an Indiana address that is not: (A) an Indiana post office box address;(B) a location that functions like a mailbox box facility; or(C) a location that only provides ministerial services by a contract employee.(3) The established place of business at which the dealer is licensed or applying to be licensed meets the following requirements:(A) Does 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. An exemption may be granted at the secretary's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.(B) Is not at a retail complex location such as a strip office mall or garage unless the location and established place of business meet the following requirements: (i) A separate exterior entrance is maintained.(ii) A separate address is maintained.(iii) The business location is not a part of or attached to a residential dwelling.(iv) Local zoning requirements are met.(v) A distinct impression of separate businesses is given to the general public, which may include distinguishable parking lot space properly marked for display of a minimum of ten (10) vehicles.(vi) Vehicles within the dealer's inventory that are located in the dealer's display space must be clearly marked with the name in which the dealer is licensed.(vii) All other location and office requirements are met.(C) Is accessible to the public.(D) Has 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) motor vehicles of the kind and type that the dealer is licensed to sell.(E) Is well lit during hours of operation.(F) Has sufficient space for customer parking. Customer parking areas must be adequately surfaced with asphalt, concrete, rock, or other substance that will not change with weather conditions.(G) Has a conspicuous permanent sign identifying the dealer by the name in which the dealer is licensed or applying to be licensed and the dealership's hours of operation.(H) Is open to the public for a minimum of: (i) thirty (30) hours each week during normal business hours; or(ii) twenty (20) hours each week with a telephone answering, paging, or mobile service offered an additional ten (10) hours each week, the number for which is identified on the business sign. An exemption for this requirement may be given at the secretary of state's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.
(I) Has a dealer office that is: (i) at least one hundred (100) square feet in size;(ii) equipped with office furniture such as a desk, chairs, and filing cabinets;(iii) served with utilities such as: (DD) operational plumbing; and (EE) a business telephone; and(iv) reflective of functional use and operation of the license. An exemption for the requirements in items (i) through (iii) may be given at the secretary's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.(b) The dealer must provide photographs of the dealer's established place of business with the initial application for dealer license. These photographs must include, at a minimum, the: (1) sales and storage lot;(2) exterior advertising sign required by this section;(4) interior and exterior of the dealer office. Printed 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 dealer moves or if its physical facilities are substantially altered or modified. Digital photographs must be unaltered and verifiable.
Filed 8/15/2014, 9:57 a.m.: 20140910-IR-075130566FRAFiled 12/14/2017, 1:16 p.m.: 20180110-IR-075160435FRAReadopted filed 11/30/2023, 11:48 a.m.: 20231227-IR-075230626RFA