Section 75 IAC 6-2-5 - Transfer dealer license requirementsAuthority: IC 9-32-3-1; IC 9-32-11-8
Affected: IC 9-13; IC 9-32
Sec. 5.
(a) In addition to the requirements in IC 9-32 and IC 9-13, the location and established place of business at which a transfer dealer is licensed or applying to be licensed must meet the following requirements: (1) Is located in Indiana and has an Indiana address that is not:(A) an Indiana post office box address;(B) a location that functions like a mailbox box facility; or(C) a location that only provides ministerial services by a contract employee.(2) Is accessible by the public.(3) Has a conspicuous permanent sign identifying the transfer dealer by the name in which the transfer dealer is licensed or applying to be licensed.(4) Contains an office that meets the following requirements:(A) Is at least one hundred (100) square feet in size.(B) Is equipped with office furniture such as a desk, chairs, and filing cabinets.(C) Is served with utilities including: (iv) operational plumbing; and(v) a business telephone.(D) Is reflective of functional use and operation of the license. An exemption for the requirements in clauses (A) through (C) may be given at the secretary's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.
(5) Has customer parking.(6) Has adequate space to accommodate the display of vehicles of the kind and type that the transfer dealer is licensed to sell. An exemption for this requirement may be given at the secretary's discretion so long as there are no concerns regarding the qualifications and eligibility of the applicant to receive the license or the ability of the applicant to conduct properly the business for which the application is submitted.(7) Is not at a retail complex location such as a strip office mall or garage, unless the location and established place of business meet the following requirements: (A) A separate exterior entrance is maintained.(B) A separate address is maintained.(C) The business location is not part of or attached to a residential dwelling.(D) Local zoning requirements are met.(E) A distinct impression of separate businesses is given to the general public.(F) Vehicles within the transfer dealer's inventory that are located in the transfer dealer's display space must be clearly marked with the name in which the transfer dealer is licensed.(8) No other dealer is licensed at or operating from the same address or established place of business at which the transfer dealer is licensed or applying to be licensed.(b) The transfer dealer must provide photographs of the transfer dealer's established place of business with the initial application for a transfer dealer license. These photographs must include, at a minimum, the: (1) interior and exterior of the established place of business;(2) advertising sign required by this section; and(3) office. Printed photographs must not be less than three (3) inches by five (5) inches in size. The photographs must be updated if the transfer dealer moves or if its physical facilities are substantially altered or modified. Digital photographs must be unaltered and verifiable.
(c) A person applying to be licensed as a transfer dealer shall submit with the initial application for a transfer dealer license a statement delineating the type and extent of the person's business.(d) Unless conflicting with the provisions of this section, all rules that the secretary of state finds applicable governing dealers shall apply to transfer dealers. Filed 8/15/2014, 9:57 a.m.: 20140910-IR-075130566FRAFiled 12/14/2017, 1:16 p.m.: 20180110-IR-075160435FRAReadopted filed 11/30/2023, 11:48 a.m.: 20231227-IR-075230626RFA