Sec. 1065.35 - School Locations and Facilities

ยง 1065.35. School Locations and Facilities

a) Each ESDS must maintain an established place of business that:

1) is owned or leased by the ESDS and regularly occupied and primarily used by the ESDS and that is not shared with any other ESDS;

2) is located in a district that is zoned for business or commercial purposes;

3) has a permanent sign with the name of the school on it;

4) includes an office facility, subject to the following conditions:

A) is a minimum of 150 square feet of office space that must contain sufficient space, equipment, records and personnel to carry on the business of an ESDS;

B) complies with all State and local laws relating to public health, safety and sanitation;

C) has a sign posted in a conspicuous place, on or near the permanent school sign, stating the days and regular hours when open. A school shall not be deemed open for business unless at least one authorized representative of the school is present;

D) is open to the general public during posted hours on file with the Department;

E) has direct access from the outside. Any business may be conducted in the same building providing the business being conducted is legal and the business has its own entrance;

F) displays the ESDS license, the names, addresses and instructor license numbers of all instructors employed by the school, and the address of each branch office and branch classroom.

b) An ESDS that has a licensed established place of business may operate a branch office provided all the requirements of the established place of business are met and the branch office bears the same name and is operated as a part of the same business entity as the established place of business.

1) Upon receipt by the Department of a written request to open a branch office, an authorized representative of the Department shall inspect the branch office and, if it complies with this Section, the Department shall issue the appropriate license, which must be displayed in a visibly prominent place in the branch facility.

2) When a branch office is to be closed, the enhanced skills driving school shall return the branch office license to the Department within 10 business days.

c) The established place of business or branch office of any ESDS shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, or room or rooms in a hotel, rooming house or apartment house; shall not be occupied as a single or multiple unit dwelling house; and shall not be an answering service.

d) No office or place of business of an ESDS shall be established within 1,500 feet of any building used as an office by any department of the Secretary of State having to do with the administration of any laws relating to motor vehicles, nor may any ESDS, its owner or any instructor solicit or advertise for business within 1,500 feet of any building used as an office by any department of the Secretary of State having to do with the administration of any laws relating to motor vehicles.

e) The established place of business of each ESDS must include a training site for the behind-the-wheel instruction that must be:

1) owned or leased by the ESDS;

2) paved and have sufficient space to safely accommodate the training provided in the ESDS curriculum; and

3) on private property (not on an open roadway).

f) No ESDS shall change the location of its established place of business or any of its branch facilities unless 30 days prior written notice is given to the Department stating the change of location. Upon receipt of the change of location notice, the Department will determine if the new location meets all requirements and, without an application fee, require the ESDS to complete an amended application for license in the form and manner prescribed for original applicants.

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