SF 1666

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; allowing licensing exemption for 
  1.3             certain sales of horse trailers and temporary sales of 
  1.4             recreational vehicles; amending Minnesota Statutes 
  1.5             2000, section 168.27, subdivision 10. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 168.27, 
  1.8   subdivision 10, is amended to read: 
  1.9      Subd. 10.  [ESTABLISHED PLACE OF BUSINESS.] (a) All 
  1.10  licensees under this section shall have an established place of 
  1.11  business which shall include as a minimum: 
  1.12     (1) For a new motor vehicle dealer, the following: 
  1.13     (i) a commercial building owned or under lease by the 
  1.14  licensee.  The lease shall be for a minimum term of one year.  
  1.15  The building shall contain office space where the books, 
  1.16  records, and files necessary to conduct the business are kept 
  1.17  and maintained with personnel available during normal business 
  1.18  hours.  Dealership business hours must be conspicuously posted 
  1.19  on the place of doing business and readily viewable by the 
  1.20  public; 
  1.21     (ii) a bona fide contract or franchise (1) in effect with a 
  1.22  manufacturer or distributor of the new motor vehicles the dealer 
  1.23  proposes to sell, broker, wholesale, or auction, or (2) in 
  1.24  effect with the first-stage manufacturer or distributor of new 
  1.25  motor vehicles purchased from a van converter or modifier which 
  2.1   the dealer proposes to sell, broker, wholesale, or auction, or 
  2.2   (3) in effect with the final stage manufacturer of the new type 
  2.3   A, B, or C motor homes which the dealer proposes to sell, 
  2.4   broker, wholesale, or auction; 
  2.5      (iii) a facility for the repair and servicing of motor 
  2.6   vehicles and the storage of parts and accessories, not to exceed 
  2.7   ten miles distance from the principal place of business.  Such 
  2.8   service may be provided through contract with bona fide 
  2.9   operators actually engaged in such services; 
  2.10     (iv) an area either indoors or outdoors to display motor 
  2.11  vehicles which is owned or under lease by the licensee; and 
  2.12     (v) a sign clearly identifying the dealership by name which 
  2.13  is readily viewable by the public. 
  2.14     (2) For a used motor vehicle dealer, the following: 
  2.15     (i) a commercial building owned or under lease by the 
  2.16  licensee.  The lease shall be for a minimum term of one year.  
  2.17  The building shall contain office space where the books, 
  2.18  records, and files necessary to conduct the business are kept 
  2.19  and maintained with personnel available during normal business 
  2.20  hours or automatic telephone answering service during normal 
  2.21  business hours.  Dealership business hours must be conspicuously 
  2.22  posted on the place of doing business and readily viewable by 
  2.23  the public; 
  2.24     (ii) an area either indoors or outdoors to display motor 
  2.25  vehicles which is owned or under lease by the licensee; and 
  2.26     (iii) a sign clearly identifying the dealership by name 
  2.27  which is readily viewable by the public. 
  2.28     (3) For a motor vehicle lessor, the following:  a 
  2.29  commercial office space where the books, records, and files 
  2.30  necessary to conduct the business are kept and maintained with 
  2.31  personnel available during normal business hours or an automatic 
  2.32  telephone answering service during normal business hours.  
  2.33  Business hours must be conspicuously posted on the place of 
  2.34  doing business and readily viewable by the public.  The office 
  2.35  space must be owned or under lease for a minimum term of one 
  2.36  year by the licensee. 
  3.1      (4) For a motor vehicle wholesaler, the following:  a 
  3.2   commercial office space where the books, records, and files 
  3.3   necessary to conduct the business are kept and maintained with 
  3.4   personnel available during normal business hours or an automatic 
  3.5   telephone answering service during normal business hours.  The 
  3.6   office space must be owned or under lease for a minimum term of 
  3.7   one year by the licensee. 
  3.8      (5) For a motor vehicle auctioneer, the following:  a 
  3.9   permanent enclosed commercial building, within or without the 
  3.10  state, on a permanent foundation, owned or under lease by the 
  3.11  licensee.  The lease shall be for a minimum term of one year.  
  3.12  The building shall contain office space where the books, 
  3.13  records, and files necessary to conduct the business are kept 
  3.14  and maintained with personnel available during normal business 
  3.15  hours or an automatic telephone answering service during normal 
  3.16  business hours.  
  3.17     (6) For a motor vehicle broker, the following:  a 
  3.18  commercial office space where books, records, and files 
  3.19  necessary to conduct business are kept and maintained with 
  3.20  personnel available during normal business hours, or an 
  3.21  automatic telephone answering service available during normal 
  3.22  business hours.  A sign, clearly identifying the motor vehicle 
  3.23  broker by name and listing the broker's business hours, must be 
  3.24  posted in a location and manner readily viewable by a member of 
  3.25  the public visiting the office space.  The office space must be 
  3.26  owned or under lease for a minimum term of one year by the 
  3.27  licensee. 
  3.28     (b) If a new or used motor vehicle dealer maintains more 
  3.29  than one place of doing business in a county, the separate 
  3.30  places shall be listed on the application.  If additional places 
  3.31  of business are maintained outside of one county, separate 
  3.32  licenses shall be obtained for each county. 
  3.33     (c) If a motor vehicle lessor, wholesaler, auctioneer, or 
  3.34  motor vehicle broker maintains more than one permanent place of 
  3.35  doing business, either in one or more counties, the separate 
  3.36  places shall be listed in the application, but only one license 
  4.1   shall be required.  If a lessor proposes to sell previously 
  4.2   leased or rented vehicles or if a broker proposes to establish 
  4.3   an office at a location outside the seven-county metropolitan 
  4.4   area, as defined in section 473.121, subdivision 2, other than 
  4.5   cities of the first class, the lessor or broker must obtain a 
  4.6   license for each nonmetropolitan area county in which the 
  4.7   lessor's sales are to take place or where the broker proposes to 
  4.8   locate an office. 
  4.9      (d) If a motor vehicle dealer, lessor, wholesaler, or motor 
  4.10  vehicle broker does not have direct access to a public road or 
  4.11  street, any privately owned roadway providing access to a public 
  4.12  road or street must be clearly identified and adequately 
  4.13  maintained. 
  4.14     (e) A new or used motor vehicle dealer may establish a 
  4.15  temporary place of business outside the county where it 
  4.16  maintains its licensed location to sell horse trailers 
  4.17  exclusively without obtaining an additional license.  
  4.18     (f) A new or used motor vehicle dealer may establish a 
  4.19  temporary place of business outside the county where it 
  4.20  maintains its licensed location to sell recreational equipment 
  4.21  exclusively without obtaining an additional license if: 
  4.22     (1) the dealer establishes a temporary place of business 
  4.23  for the sale of recreational equipment not more than four times 
  4.24  during any calendar year; 
  4.25     (2) each temporary place of business other than an official 
  4.26  county fair or the Minnesota state fair within the seven-county 
  4.27  metropolitan area, as defined in section 473.121, subdivision 2, 
  4.28  is established jointly with at least four other recreational 
  4.29  equipment dealers; 
  4.30     (3) each temporary place of business other than an official 
  4.31  county fair outside the seven-county metropolitan area, as 
  4.32  defined in section 473.121, subdivision 2, is established 
  4.33  jointly with at least one other recreational equipment dealer; 
  4.34     (4) each establishment of a temporary place of business for 
  4.35  the sale of recreational equipment is for no more than 12 
  4.36  consecutive days; and 
  5.1      (5) the dealer notifies the registrar of motor vehicles of 
  5.2   each temporary place of business for the sale of recreational 
  5.3   equipment.