Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 151-S.F.No. 1666 
                  An act relating to commerce; allowing licensing 
                  exemption for certain sales of horse trailers and 
                  temporary sales of recreational vehicles; amending 
                  Minnesota Statutes 2000, section 168.27, subdivision 
                  10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 168.27, 
        subdivision 10, is amended to read: 
           Subd. 10.  [ESTABLISHED 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 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; 
           (ii) 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; 
           (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.  Such 
        service may be provided through contract with bona fide 
        operators actually engaged in such services; 
           (iv) an area either indoors or outdoors to display motor 
        vehicles which is owned or under lease by the licensee; and 
           (v) a sign clearly identifying the dealership by name which 
        is readily viewable by the public. 
           (2) For a used motor vehicle dealer, the following: 
           (i) 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; 
           (ii) an area either indoors or outdoors to display motor 
        vehicles which is owned or under lease by the licensee; and 
           (iii) 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) 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. 
           (b) 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. 
           (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 shall be listed in the application, but only one license 
        shall be 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 equipment 
        exclusively without obtaining an additional license if: 
           (1) the dealer establishes a temporary place of business 
        for the sale of recreational equipment 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 
        equipment 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 equipment dealer; 
           (4) each establishment of a temporary place of business for 
        the sale of recreational equipment 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 
        equipment. 
           Presented to the governor May 17, 2001 
           Signed by the governor May 21, 2001, 10:33 a.m.