Minnesota Legislature
HF 3821
as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:10pm
Current Version - as introduced
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A bill for an act
relating to transportation; governing motor vehicle sales on a Sunday and at
temporary locations under certain circumstances; amending Minnesota Statutes
2014, sections 168.27, subdivision 10; 168.275.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 168.27, subdivision 10, is amended to read:
Subd. 10.
Place of business.
(a) All licensees under this section shall have an
established place of business which shall include as a minimum:
(1) For a new motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the licensee. The lease must
be for a minimum term of one year. The building must contain office space where the
books, records, and files necessary to conduct the business are kept and maintained with
personnel available during normal business hours. Dealership business hours must be
conspicuously posted on the place of doing business and readily viewable by the public;
(ii) a bona fide contract or franchise (A) in effect with a manufacturer or distributor
of the new motor vehicles the dealer proposes to sell, broker, wholesale, or auction, or (B)
in effect with the first-stage manufacturer or distributor of new motor vehicles purchased
from a van converter or modifier which the dealer proposes to sell, broker, wholesale, or
auction, or (C) in effect with the final-stage manufacturer of the new type A, B, or C motor
homes which the dealer proposes to sell, broker, wholesale, or auction;
(iii) a facility for the repair and servicing of motor vehicles and the storage of parts
and accessories, not to exceed ten miles distance from the principal place of business. The
service may be provided through contract with bona fide operators actually engaged
in the services;
(iv) an area either indoors or outdoors to display motor vehicles that is owned or
under lease by the licensee; and
(v) a sign readily viewable by the public that clearly identifies the dealership by name.
(2) For a used motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the licensee. The lease must
be for a minimum term of one year. The building must contain office space where the
books, records, and files necessary to conduct the business are kept and maintained with
personnel available during normal business hours or automatic telephone answering
service during normal business hours. Dealership business hours must be conspicuously
posted on the place of doing business and readily viewable by the public;
(ii) an area either indoors or outdoors to display motor vehicles which is owned or
under lease by the licensee; and
(iii) a sign readily viewable by the public that clearly identifies the dealership by
name.
(3) For a motor vehicle lessor, the following: a commercial office space where the
books, records, and files necessary to conduct the business are kept and maintained with
personnel available during normal business hours or an automatic telephone answering
service during normal business hours. Business hours must be conspicuously posted on
the place of doing business and readily viewable by the public. The office space must be
owned or under lease for a minimum term of one year by the licensee.
(4) For a motor vehicle wholesaler, the following: a commercial office space where
the books, records, and files necessary to conduct the business are kept and maintained
with personnel available during normal business hours or an automatic telephone
answering service during normal business hours. The office space must be owned or under
lease for a minimum term of one year by the licensee.
(5) For a motor vehicle auctioneer, the following: a permanent enclosed commercial
building, within or without the state, on a permanent foundation, owned or under lease
by the licensee. The lease must be for a minimum term of one year. The building must
contain office space where the books, records, and files necessary to conduct the business
are kept and maintained with personnel available during normal business hours or an
automatic telephone answering service during normal business hours.
(6) For a motor vehicle broker, the following: a commercial office space where
books, records, and files necessary to conduct business are kept and maintained with
personnel available during normal business hours, or an automatic telephone answering
service available during normal business hours. A sign, clearly identifying the motor
vehicle broker by name and listing the broker's business hours, must be posted in a location
and manner readily viewable by a member of the public visiting the office space. The
office space must be owned or under lease for a minimum term of one year by the licensee.
(7) For a limited used vehicle license holder, the following: a commercial office
space where books, records, and files necessary to conduct nonprofit charitable activities
are kept and maintained with personnel available during normal business hours, or an
automatic telephonic answering service available during normal business hours. The
office space must be owned or under lease for a minimum term of one year by the licensee.
(b)new text begin Except as provided in paragraphs (e) to (h):
new text end
new text begin (1)new text end if a new or used motor vehicle dealer maintains more than one place of doing
business in a county, the separate places must be listed on the applicationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (2)new text end if additional places of business are maintained outside of one county, separate
licenses must be obtained for each county.
(c) If a motor vehicle lessor, wholesaler, auctioneer, or motor vehicle broker
maintains more than one permanent place of doing business, either in one or more
counties, the separate places must be listed in the application, but only one license is
required. If a lessor proposes to sell previously leased or rented vehicles or if a broker
proposes to establish an office at a location outside the seven-county metropolitan area, as
defined in section 473.121, subdivision 2, other than cities of the first class, the lessor or
broker must obtain a license for each nonmetropolitan area county in which the lessor's
sales are to take place or where the broker proposes to locate an office.
(d) If a motor vehicle dealer, lessor, wholesaler, or motor vehicle broker does not
have direct access to a public road or street, any privately owned roadway providing
access to a public road or street must be clearly identified and adequately maintained.
(e) A new or used motor vehicle dealer may establish a temporary place of business
outside the county where it maintains its licensed location to sell horse trailers exclusively
without obtaining an additional license.
(f) A new or used motor vehicle dealer may establish a temporary place of business
outside the county where it maintains its licensed location to sell recreational vehicles
exclusively without obtaining an additional license if:
(1) the dealer establishes a temporary place of business for the sale of recreational
vehicles not more than four times during any calendar year;
(2) each temporary place of business other than an official county fair or the
Minnesota State Fair within the seven-county metropolitan area, as defined in section
473.121, subdivision 2, is established jointly with at least four other recreational vehicle
dealers;
(3) each temporary place of business other than an official county fair outside
the seven-county metropolitan area, as defined in section 473.121, subdivision 2, is
established jointly with at least one other recreational vehicle dealer;
(4) each establishment of a temporary place of business for the sale of recreational
vehicles is for no more than 12 consecutive days; and
(5) the dealer notifies the registrar of motor vehicles of each temporary place of
business for the sale of recreational vehicles.
new text begin
(g) A used motor vehicle dealer may establish a temporary place of business outside
the county where it maintains its licensed location to sell motor vehicles without obtaining
an additional license if:
new text end
new text begin
(1) it is for the purpose of engaging in sales of vehicles, including the business of
buying, selling, exchanging, dealing in, or trading in vehicles, at an automotive show as
provided under section 168.275, paragraph (c);
new text end
new text begin
(2) sales are exclusively of motor vehicles that are eligible for plates under section
168.10, subdivision 1a, 1b, 1c, 1d, or 1h, or 168.105; and
new text end
new text begin
(3) each establishment of a temporary place of business is for not more than five
consecutive days that include a Sunday.
new text end
new text begin
(h) Paragraph (g) expires on July 31, 2019.
new text end
Sec. 2.
Minnesota Statutes 2014, section 168.275, is amended to read:
168.275 SALE OF MOTOR VEHICLE ON SUNDAY FORBIDDEN.
new text begin (a) new text end Any person who shall carry on or engage in the business of buying, selling,
exchanging, dealing in or trading in new or used motor vehicles; or who shall open any
place of business or lot wherein the person attempts to or does engage in the business of
buying, selling, exchanging, dealing or trading in new or used motor vehicles; or who
does buy, sell, exchange, deal or trade in new or used motor vehicles as a business on
deleted text begin the first day of the week, commonly known and designated asdeleted text end new text begin anew text end Sunday, is guilty of a
misdemeanor for the first offense, and a gross misdemeanor for each succeeding offense.
new text begin (b)new text end This section does not apply to the sale ofnew text begin :new text end
(1) trailers designed and used primarily to transport watercraft, as defined in section
86B.005, subdivision 18deleted text begin ,deleted text end new text begin ;new text end
(2) trailers designed and used primarily to transport all-terrain vehicles, as defined
in section 84.92, subdivision 8deleted text begin ,deleted text end new text begin ;new text end
(3) trailers designed and used primarily to transport snowmobiles as defined in
section 84.81, subdivision 3deleted text begin ,deleted text end new text begin ;new text end or
(4) utility trailers as defined in section 168.27, subdivision 20.
new text begin
(c) This section does not apply to the sale of a motor vehicle that is eligible for plates
under section 168.10, subdivision 1a, 1b, 1c, 1d, or 1h, or 168.105 if:
new text end
new text begin
(1) the person engaging in sales, including the business of buying, selling,
exchanging, dealing in, or trading in vehicles, has the appropriate license as a dealer
under section 168.27;
new text end
new text begin
(2) the dealer engages in sales on a Sunday not more than four times in a calendar year;
new text end
new text begin
(3) sales under this paragraph are at the location of and in conjunction with an
automotive show having a primary purpose that is not the sale of motor vehicles;
new text end
new text begin
(4) the dealer is authorized to engage in sales by the organizer or governing entity of
the automotive show; and
new text end
new text begin
(5) the dealer notifies the commissioner prior to each commencement of engaging in
sales on a Sunday, in a manner as directed by the commissioner.
new text end
new text begin
(d) Paragraph (c) expires on July 31, 2019.
new text end
Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber Minnesota Statutes, section 168.27,
subdivision 10, paragraphs (e) to (h), as Minnesota Statutes, section 168.27, subdivision
10a. The revisor shall also make any necessary cross-reference changes consistent with
the renumbering.
new text end