Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 367-H.F.No. 917 
           An act relating to commerce; requiring additional 
          license for motor vehicle lessor, wholesaler, or 
          auctioneer when establishing additional place of doing 
          business in a second class city outside of the 
          metropolitan area; amending Minnesota Statutes 1990, 
          section 168.27, subdivision 10. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 168.27, 
subdivision 10, is amended to read: 
    Subd. 10.  [ESTABLISHED PLACE OF BUSINESS.] 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: 
    (a) a commercial building owned or under lease by the 
licensee.  The lease shall be for a minimum term of one year.  
The building shall 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; 
    (b) a bona fide contract or franchise (1) in effect with a 
manufacturer or distributor of the new motor vehicles the dealer 
proposes to sell, broker, wholesale, or auction, or (2) 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 
(3) 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; 
     (c) 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.  Such 
service may be provided through contract with bona fide 
operators actually engaged in such services; 
     (d) an area either indoors or outdoors to display motor 
vehicles which is owned or under lease by the licensee; and 
     (e) a sign clearly identifying the dealership by name which 
is readily viewable by the public. 
     (2) For a used motor vehicle dealer, the following: 
     (a) a commercial building owned or under lease by the 
licensee.  The lease shall be for a minimum term of one year.  
The building shall 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; 
     (b) an area either indoors or outdoors to display motor 
vehicles which is owned or under lease by the licensee; and 
     (c) a sign clearly identifying the dealership by name which 
is readily viewable by the public. 
     (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 shall be for a minimum term of one year.  
The building shall 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) If a new or used motor vehicle dealer maintains more 
than one place of doing business in a county, the separate 
places shall be listed on the application.  If additional places 
of business are maintained outside of one county, separate 
licenses shall be obtained for each county. 
    (7) If a motor vehicle lessor, wholesaler, or auctioneer 
maintains more than one permanent place of doing business, 
either in one or more counties, the separate places shall be 
listed in the application, but only one license shall be 
required.  If a lessor proposes to sell previously leased or 
rented vehicles at a location outside the seven-county 
metropolitan area, as defined in section 473.121, subdivision 2, 
other than cities of the first or second class, the lessor must 
obtain a license for each nonmetropolitan area county in which 
sales are to take place. 
    (8) If a motor vehicle dealer, lessor, or wholesaler 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. 
    Presented to the governor March 19, 1992 
    Signed by the governor March 20, 1992, 4:20 p.m.