Okla. Admin. Code § 765:10-1-3

Current through Vol. 41, No. 19, June 17, 2024

Section 765:10-1-3 - Place of business

(a) An applicant must have an established place of business. An established place of business means a location which includes at a minimum:

(1) a display area for vehicle(s) that are for retail easily accessible, and readily distinguishable from vehicles parked on the premises for purposes other than for sale of the vehicle by the licensed dealer,

(2) sufficient parking for the public,

(3) an office for conducting business where the books, records and files are kept,

(4) an office which is a building or is a separate room within a building on the premises devoted exclusively to the operation of the used motor vehicle business. that is considered a permanent structure with access to a restroom for the public. Such place of business shall not include an occupied residence and shall not include the use of vacant lots, tents, temporary stands, or other temporary office facilities.

(5) place of business shall meet all zoning, occupancy, and other requirements of the appropriate local government, and shall be regularly occupied by a person, firm, or corporation engaged in the business of selling used motor vehicles,

(6) a sign, not less than thirty-two (32) square feet in size, unless restricted to a smaller size by the applicable zoning regulations of the governmental body in which the business is located. The sign shall not be a banner or portable sign, but must be permanently affixed to the property and shall have permanently affixed legible letters of a size not smaller than six (6) inches in height. The sign and letters thereof shall be visible from the roadway nearest to the entrance of the place of business, and

(7) a business telephone, listed with directory assistance and usable at the place of business. Said telephone may include a cellular or digital telephone listed and usable at the place of business,

(b) An applicant may apply for a used motor vehicle dealer's license at the same address or location as another applicant or licensee. In addition to the requirements listed in subparagraph (a) above, such applicant shall be required to show that the location is of sufficient size, space and configuration for the operation of the dealership separate and apart from any other dealership at the same address or physical location without confusion by those with whom the applicant or licensee will be dealing as to with which licensee they are dealing.

(c) In the event an applicant is granted a license at the same address or location as another licensee, each licensee shall keep their vehicles segregated from those of the other licensee.

(d) It shall be solely within the discretion of the Commission whether it is appropriate that more than one applicant shall be licensed at the same location or address. If it appears after licensing that the licensees do not or cannot continue to fulfill the terms and conditions of licensing, the license of the offending licensee may be suspended or revoked.

(e) An applicant for a used motor vehicle dealer's license for the purpose of conducting a classic or antique automobile auction may apply for a license at a location which the applicant will use to conduct the auction, even if the location is temporary, or to be used only for the purpose of that auction. The applicant shall provide information satisfactory to the Commission relating to the applicant's permanent business address and for purpose of service of summons or other legal notice. The Commission shall not approve any other type of application for a temporary business location.

Okla. Admin. Code § 765:10-1-3

Amended at 10 Ok Reg 1549, eff 4-25-93; Amended at 15 Ok Reg 2429, eff 6-11-98; Amended at 23 Ok Reg 2884, eff 6-25-06

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015