29- 250 C.M.R. ch. 103, § VI

Current through 2024-51, December 18, 2024

Section 250-103-VI - REQUIREMENT FOR DEALER AND AUCTION SECONDARY LOCATIONS

A.Secondary Locations. A secondary location of a vehicle dealer or auction shall:

1. Have a display area which meets the following requirements:

a. The display area shall be an established commercial location;

b. The display area shall be large enough to permit the display of at least 2 of the largest units of the type of vehicles the applicant will be licensed to sell;

c. Any outside surface of the display area shall be paved, graded gravel, crushed rock or a mowed grassy surface and shall be kept plowed in winter to allow an all weather and all season display of vehicles being offered for sale;

d. Ground space occupied by gas pumps, junk vehicles and the normal drive approach to the customer parking or repair areas shall not be included when determining the size of the display area;

e. The display area shall be free from debris, hazards and unrelated materials;

f. The location, degree of slope and the grade of the display area shall be such that the display of vehicles does not constitute a hazard; and

g. Any office at the secondary location shall conform to all rules and regulations set for an office in the rules and regulations of the established place of business, except the records may be maintained exclusively at the established place of business.

2. Display a copy of the secondary location license issued at the secondary location if there is an office; if not, it shall be displayed at the primary location;

3. Have a sign which meets the following requirements (unless a municipality has established ordinances regulating signs contrary to these rules, whereupon the Secretary of State, upon notification by the dealer or auction of such ordinances, may grant an exception to these rules to the dealer affected):

a. The sign shall be permanently mounted, displayed at the secondary location and shall not be less that 12 square feet in surface size;

b. The sign shall be visible from the entrance to the lot and the letters of the sign shall be readable from a distance of 200 feet;

c. The sign shall contain the trade or business name of the dealer and related businesses only; and

d. The sign shall make reference to the established place of business.

4. Business hours must be posted and clearly visible.

B.Application. In addition to filling out the basic application an applicant for a dealership or auction secondary location license shall:

1. Answer, on a form prescribed by the Secretary of State, basic questions relative to the ownership and facilities of the established place of business and secondary location, and shall swear before a notary as to the truthfulness of the answers;

2. Submit to an investigation as follows:

a. Upon receipt of an application for a secondary location, the Secretary of State shall conduct an investigation into the ownership and facilities of the established place of business and secondary location of new car dealers, used car dealers, motorcycle dealers, light trailer and heavy trailer dealers, equipment dealers and auctions;

b. Prior to approval of an application for a secondary location license, an inspection report shall be submitted to the Secretary of State affirming that both the established place of business and secondary location conform to all applicable laws, rules and regulations. Periodic inspections of said premises and facilities will be conducted thereafter to ensure continued compliance with all applicable laws, rules and regulations.

3. Notify the Secretary of State of the sales tax number as issued by the Maine Revenue Services by submitting a reseller's certificate at initial application and upon each renewal;

4. Furnish copies of properly recorded authority to operate under an assumed name, if applicable;

5. Furnish copies of a lease if the facilities are leased;

6. Furnish proof of compliance with applicable building codes, zoning codes and other land use regulatory ordinances in the Maine municipality where the secondary location is operated;

7. Furnish a copy of a plot plan for the premises;

8. File a new application and fees whenever the ownership structure changes; and

9. New applicants must attend and complete the Dealer/Title Workshop conducted by the Bureau of Motor Vehicles prior to licensure.

29- 250 C.M.R. ch. 103, § VI