Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-6-6 - Off-Premises Permits6.1. Prior Approval. A licensee shall not display or sell motor vehicles, motorcycles, trailers, house trailers or recreational vehicles at a location other than the licensed location or locations or participate at an industry wide public vehicle shows and exhibitions unless the Commissioner grants an off-premises permit. The licensee shall request approval at least ten (10) days prior to the date the temporary location is to be established.6.2. Term of Approval. The Commissioner may approve subject to the following:6.2.1. Display Only. An off-premises permit for display only of vehicles may be approved for a period of time not to exceed one (1) year. The Commissioner may renew the permit for the succeeding year for the recurrent display of vehicles at any one specific location. An applicant for renewal shall submit an application to the Commissioner at least thirty days prior to the expiration of the permit. Any applicant denied the issuance or non-renewal of an off-premises permit for display only may appeal the denial to the Motor Vehicle Dealer Advisory Board created in accordance with W.Va. Code § 17A-6-18a.6.2.2. Display and Sale. An off-premises permit for the display and sale of vehicles may be approved for a period of time not to exceed ten (10) days. The Commissioner shall not issue more than eight (8) display and sale permits to a licensee in one fiscal year, for the recurrent display and sale of vehicles at any one specific location.6.3. Display of Approval Certificate. The licensee shall display the certificate of approval for the off premises permit in a conspicuous place at the temporary additional dealer location.6.4. Reciprocal Out of State Dealer Off Premises Permit. In accordance with the provisions of W. Va. Code § 17A-6-5a, dealers licensed in adjacent states which allow West Virginia dealers to display and sell vehicles at industry wide public vehicle shows and exhibitions may be permitted the same privileges in West Virginia subject to the following: 6.4.1. The dealer applies for a permit at least ten days prior to the date of the show or exhibition;6.4.2. The permit is valid for the length of the show or exhibition not to exceed ten days;6.4.3. The Division's decision whether or not to approve a request may or not be appealed administratively to the Division, and is subject only to the jurisdiction of a West Virginia Circuit Court;6.4.4. The dealer agrees to be subject to the consumer protection laws of West Virginia and subject to any civil penalties assessed by the Division in accordance with W. Va. Code § 17A-6-25a;6.4.5. The dealer pays the initial licensing fee required of West Virginia dealers of similar class by certified check or money order;6.4.6. The dealer posts a bond of twenty-five thousand dollars which otherwise comports with the requirements of W. Va. Code § 17A-6-4 made payable to the Division of Motor Vehicles in lieu of participation in the dealer recovery fund.6.4.7. The industry wide public vehicle show or exhibition has a minimum of three West Virginia dealers as participants.