RELATES TO:
KRS 190.010(19),
190.035
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 190.035 provides for dealers to have an
established place of business with sufficient space and attributes consistent
with the activity of the license applied for as established by regulations
issued by the commission.
KRS 190.073 requires
the commission to promulgate appropriate and reasonable administrative
regulations for the purpose of carrying out the provisions of KRS Chapter 190.
This administrative regulation establishes those requirements and
standards.
Section 1. In addition to
the requirements of
KRS 190.010(19), the established
place of business of a dealership shall:
(1)
Have a business office which:
(a) Is
underpinned and on a permanent foundation. The dealership business office need
not be a separate walled enclosure;
(b) Has electricity;
(c) Has adequate facilities for the physical
or electronic storage of business records;
(d) Has a working business telephone used
exclusively for the sale of motor vehicles;
(e) Has a desk and chairs for the use of the
business;
(f) Has at least 100
square feet of floor space;
(g) Is
located on or immediately adjacent to the vehicle storage or display
lot;
(h) Is not part of a
residence;
(i) Is used exclusively
as a licensee business office and has a separate postal street
address.
(2) Have a
vehicle storage or display lot which:
(a) Has
a hard surface lot (gravel, asphalt, concrete, or other suitable
covering);
(b) Is at least 2,000
square feet in size;
(c) Is used
exclusively for the display and showing of vehicles for sale and licensee
customer parking; and
(d) Is a
distinctively defined area from that which surrounds it.
Section 2. A location otherwise
meeting the requirements of this administrative regulation may be used by more
than one (1) business or licensee, provided that each licensee has sufficient
rights to suitable space and adequate facilities to conduct the separate
business of a motor vehicle dealer. Notwithstanding the provisions of this
section, not more than one (1) licensee for the same licensed activity shall be
licensed from a single place of business if the licensee shares any of the
facilities listed in Section 1 with another licensee or business in order to
meet the minimum facility requirements.
Section
3. A motor vehicle dealer, other than a wholesale dealer, shall
display on his premises a sign with lettering not less than nine (9) inches in
height, which is clearly visible from the nearest roadway, and which
specifically identifies his business. The business name on the sign shall be
the same as that on the license application.
Section 4. Every licensee who conducts an
automobile salvage or junk business on the same premises shall be in compliance
with all state administrative regulations regarding junkyard operations. The
licensee shall have an area for the display of vehicles for sale and an office
separate and apart from the area where junk cars or parts are stored or
situated.
Section 5. If a licensee
operates a garage for the repair or rebuilding of wrecked or disabled vehicles,
an office and area for the display of vehicles separate and apart from the area
where the repairs are made shall be allocated for the licensed
activity.
Section 6. The
requirements in this administrative regulation shall not apply to a non-profit
motor vehicle dealer.
