045-5 Wyo. Code R. § 5-2

Current through April 27, 2019

Section 5-2 - Principal Place of Business

(a) The principal place of business shall be a site upon which a building is located. A building is defined as a roofed and walled structure built for permanent use and shall not be a residence or part of a residence. Mobile homes that are blocked or on a permanent foundation and skirted, with the hitch removed - and not used as a residence-may be approved as a principal place of business upon request to the department. Structures such as camp trailers, motor homes, pickup box campers, and garages attached to a residence shall not constitute a building for a principal place of business.

(b) All retail sales shall be initiated at the principal place of business for which the dealer is licensed unless the sale is initiated at an authorized organized vehicle show as defined in W.S. 31-16-103(g)(ii).

• (i) A vehicle dealer may deliver a vehicle to an individual, complete sales documents, and consummate the sale upon delivery of the vehicle, however;

• (ii) A new vehicle dealer shall not sell, deliver, or complete sales documents at a licensed vehicle dealer's principal place of business that lacks a valid sales and service agreement for the make and type of new vehicle being sold.

• (iii) A new or used vehicle dealer shall not sell, deliver, or complete sales documents at another licensed vehicle dealer's principal place of business other than his own.

(c) The principal place of business shall be occupied either during the declared business hours or continuously by the dealer or the dealer's employees, unless written notification is provided to the department stating that the dealer will not be occupying the principal place of business during the declared business hours or continuously.

(d) The declared business hours shall be reasonable hours when prospective customers may enter the principal place of business and contact the dealer or the dealer's sales staff and when the department or any peace officer may enter the principal place of business and inspect the dealer's records as defined in W.S. W.S. W.S. 31-11-107. The declared business hours shall be indicated on the license application prescribed by the department. The declared business hours shall be conspicuously displayed at the principal place of business to inform any person interested in contacting the dealer.

(e) All dealers shall provide proof of a qualified principal place of business for all locations by submitting the following items to the department along with their completed application, surety bond, and application fee:

• (i) The address of the principal place of business and additional locations within the same county.

• (ii) A color photograph of the lot(s), building(s), sign(s), and space to display vehicles. The sign indicating the nature of the business shall be permanently attached to the building or land and clearly visible from the highway.

• (iii) Documents as described in the following:
  • (A) A copy of a lease, rental, or use agreement for all property included in the dealer's principal place of business, if not owned by the dealer.
  • (B) A copy of the dealer's title to all property included in the principal place of business if the property is owned by the dealer.

• (iv) Written proof from the applicable zoning office that the principal place of business, sign, and space for display comply with applicable zoning ordinances and that the business is in an area zoned for vehicle sales.

• (v) For a corporation, limited liability company, or limited partnership, proof of current good standing with the Wyoming Secretary of State and a list of all corporate officers, or members and managers.

(f) The space to display vehicles shall not be part of any parking lot or space dedicated for any other business or purpose than that of the licensed vehicle dealer. The space to display vehicles shall not be part of any roadway as defined by W.S. W.S. 31-5-102(xl). Any space dedicated to display vehicles shall be described or identified in the lease or rental agreement.

(g) No more than one licensed dealer shall occupy a principal place of business, parking lot, or space to display vehicles at the same time.

045-5 Wyo. Code R. § 5-2