29- 250 C.M.R. ch. 103, § VIII

Current through 2024-51, December 18, 2024

Section 250-103-VIII - REQUIREMENTS FOR HOLDERS OF LOANER PLATES

A.Established Place of Business or Annex Location. The established place of business or annex of a holder of loaner plates shall:

1. Be located in a permanent, enclosed building which:

a. Is in good repair;

b. Is free of obstructions or material not related to the business;

c. Has a source of heat;

d. Is owned or leased by the applicant;

e. Contains a solid wall separating the established place of business from any other unrelated business in the building; and

f. Has an entrance used exclusively to gain access to the established place of business.

2. Not be required to have a display area unless the applicant is licensed as a dealer;

3. Have an office which:

a. Is located at the established place of business or annex;

b. Is heated during business hours;

c. Is entered through a door which is properly labelled and readily accessible to the public;

d. Contains at least one desk and a metal or wooden filing cabinet manufactured for that purpose. The filing cabinet is not required if the desk is equipped with drawers suitable in size and design for storing and filing business records. Books and records may be kept at the primary location when applying for an annex;

e. Is completely enclosed by floor to ceiling construction. (Tar paper, sheathing paper or cardboard are not allowed as a finished surface);

f. Is separate from any living quarters;

g. Is reasonably free of debris and unrelated materials.

4. Have reasonable business hours which:

a. Shall be posted and clearly visible on the exterior or through a window of the building identified as the established place of business or annex.

5. Have a repair facility:

a. Located within the building or buildings identified as the established place of business or annex;

b. Which is heated and reasonably free of debris, hazards and unrelated materials; and

c. Which is equipped with the necessary tools of the business operated.

d. Which has a hard surface, non-dirt floor.

6. Display the license and supplement license(s) issued in a public place visible to the general public:

7. 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 of such an ordinance, may grant an exception to these rules to the licensee affected);

a. The sign shall be permanently mounted;

b. The sign shall be displayed at the established place of business and at the annex or secondary location used by the licensee;

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

d. The sign shall be visible from the entrance to the lot.

8. Maintain records as required by 29-A M.R.S. §1003(4). Records shall be kept for a minimum of five years.

B.Application. In addition to the basic application, an applicant for loaner registration and plates 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 or annex and shall swear before a notary as to the truthfulness of the answers.

2. Except as provided in subparagraph "c" below, submit to an investigation as follows:

a. Upon receipt of an application for loaner registration, the Secretary of State shall conduct an investigation into the ownership and facilities of the established place of business or annex of loaners;

b. Prior to approval of an application for loaner registration and plates, an inspection report shall be submitted to the Secretary of State affirming that the business conforms to all applicable laws, rules and regulations. Periodic inspections of the premises and facilities will be conducted thereafter to ensure continued compliance with all applicable laws, rules and regulations;

c. An investigation shall be waived for loaner applicants who are already licensed as dealers.

d. Applicants shall submit to State Bureau of Identification background check upon initial and renewal application. The Bureau of Motor Vehicles will request and receive the background check from the State Bureau of Identification. A fee for the background check will be assessed at time of initial and renewal application pursuant to Title 25 MRSA Sec. 1541(1).

e. State criminal history record information shall be used for the purpose of screening dealer applicants in order to determine whether issuance of a dealer license is granted or maintained.

3. Loaner Plate License holders shall provide current contact information to include primary or secondary telephone and mailing address, and an e-mail address if available as frequent statutory updates are disseminated via e-mail;

4. Loaner Plate License holders shall make notification of changes to any of the contact information within 30 days, in writing or other means approved by the Secretary of State, of the old and new contact information.

5. Pay the appropriate filing fee at the time of application if the facilities are subject to investigation;

6. File proof of insurance as required by 29-A M.R.S. §1612;

7. Furnish copies of properly recorded partnership papers, authority to operate under an assumed name, if applicable, proof of incorporation in the State of Maine, or proof of authority for a foreign corporation to conduct business in the State of Maine;

8. Furnish copies of a lease if the facilities are leased; and 9. Furnish proof of compliance with applicable building codes, zoning codes and other land use regulatory ordinances in the Maine municipality where the established place of business or annex is operated.

29- 250 C.M.R. ch. 103, § VIII