W. Va. Code R. § 91-6-5 - Dealership Premises

5.1. Established Place of Business for All Classes of Dealers. If an established place of business is required by statute, it must include all of the following:

5.1.1. A permanent structure, owned or leased and actually occupied or to be occupied by licensee/applicant;

5.1.2. Easily accessible to the public and in compliance with all state laws and municipal ordinances;

5.1.3. Have adequate facilities to keep, maintain and preserve records, papers and documents necessary to carry on the business and in such a way as to be available for inspections by the commissioner at all reasonable times, either on site or electronically;

5.1.3.a. To comply with the above paragraph, the dealership shall inform the Division of its hours of operation and the hours shall be posted at the dealership location. If the dealership changes the hours of operation or plans to be closed for an extended period of time, the licensee shall inform the Division: Provided, that for Class DUC, the Division shall schedule a date and time for inspection by the commissioner between the hours of 9:30 a.m. and 5:00 p.m., Monday through Friday. The division shall provide at least 48 hours' advance electronic or telephonic notice of an inspection.

5.1.4. The license certificate, insurance certificate, and surety bond shall be prominently displayed in the dealership office.

5.2. Additional Requirements for Established Place of Business for a Class DUC. In addition to the requirements stated in 5.1, a Class DUC must also have the following:

5.2.1. A permanent structure, owned or leased and actually occupied or to be occupied by licensee/applicant to be used for the purpose of selling used motor vehicles;

5.2.1.a. A "permanent structure" means a building permanently affixed to a foundation and has fixed utility connections.

5.2.1.b. The licensee must submit utility bills in the name of the business or licensee/applicant to prove they occupy the permanent structure.

5.2.2. A valid email address for the business;

5.2.3. Licensee may enter into a written agreement to utilize an off-site service facility as long as the requirements of paragraph 2 above are met; and

5.2.4. If licensee also possesses a Class DTR or F license, house trailers, trailers or motorcycles may be sold on the same premises but a Class DUC licensee may not sell vehicles of other classes on the same premises unless acquired by trade.

5.2.5. The license certificate, insurance certificate, and surety bond shall be displayed in the dealership office in a manner that is plainly visible to the public.

5.2.6. The licensee shall keep the display area free of junk, junk vehicles, scrap iron and trash of all types.

5.2.7. The licensee shall keep the display area free of any hazardous condition which would endanger the public.

5.2.8. If a licensee fails to be present for a scheduled inspection of the dealership premises thereby preventing the division from inspecting records, and is not reachable electronically, and fails to maintain the display lot and place of business in such a way that by all appearances the business is not active, it shall be considered abandoned and the license certificate may be revoked.

5.2.9. Trailer type structures shall have a foundation and be fully underpinned and be suitable for the purpose of operating the business of the dealership.

5.2.10. No licensee shall sell motor vehicles at multiple locations without a separate certificate for each location.

5.2.11. A licensee may obtain a permit in the manner described in section 6 below to display and sell motor vehicles off premises and may only display and sell motor vehicles off premises with such a permit.

5.3. Additional Requirements for Established Places of Business Class D. In addition to the requirements set forth in 5.1, a Class D must also have the following:

5.3.1. A permanent structure owned or leased and actually occupied or to be occupied by licensee/applicant to be used solely for the purpose of selling used motor vehicles as 1 above except the location is to be used for the display and selling of new motor vehicles or new and used motor vehicles;

5.3.2. A valid telephone number listed in the name of the business;

5.3.3. A valid email address for the business; and

5.3.4. Must be open to the public at least twenty (20) hours per week, with least ten (10) of those hours between 9:30 a.m. and 8:30 p.m., Monday through Saturday, and five (5) of those hours must be between (9:30 a.m. and 5:00 p.m. Monday through Friday. If a dealership needs to alter its hours either temporarily or permanently, the licensee must notify dealer services.

5.3.5. Licensee may enter into a written agreement to utilize an off-site service facility as long as the requirements of paragraph 2 above are met.

5.3.6. If licensee also possesses a Class DTR or F license, house trailers, trailers or motorcycles may be sold on the same premises but the Class D licensee may not sell vehicles of other classes on the same premises unless acquired by trade.

5.3.7. Farm machinery may also be sold on the premises.

5.3.8. Accessory, gasoline or oil, or storage departments may be maintained on the premises if they are operated for purposes of carrying on the business.

5.3.9. The license certificate, insurance certificate, and surety bond shall be prominently displayed in the dealership office.

5.3.10. The licensee shall keep the display area free of junk, junk vehicles, scrap iron and trash of all types.

5.3.11. The display area shall have a covering of concrete, blacktop, gravel or other type material making it suitable for vehicle display under all weather conditions.

5.3.12. The licensee shall keep the display area free of any hazardous condition which would endanger the public.

5.3.13. The division may cancel or revoke the license of any licensee that abandons the place of business. There is a rebuttable presumption that the licensee has abandoned the place of business if the dealership is regularly closed during the posted hours of operation thereby preventing the division from inspecting their records, the licensee is not reachable by telephone, the display lot and place of business are not maintained in such a way that by all appearances the business is not active.

5.3.14. Trailer type structures shall have a foundation and be fully underpinned and be suitable for the purpose of operating the business of the dealership.

5.3.15. No licensee shall sell motor vehicles at multiple locations without a separate certificate for each location.

5.3.16. A licensee may obtain a permit to display and sell motor vehicles off premises and may only display and sell motor vehicles off premises with such a permit.

Notes

W. Va. Code R. § 91-6-5