Okla. Admin. Code § 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.
Notes
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