190.030 License requirement -- Application for license -- Time within which license to be granted or refused -- Fees -- Licenses to be displayed -- Temporary sale or display -- Bond -- Reports by moto - Kentucky Statutes

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190.030 License requirement -- Application for license -- Time within which license to be granted or refused -- Fees -- Licenses to be displayed -- Temporary sale
or display -- Bond -- Reports by motor vehicle dealer. (1) A motor vehicle dealer, new, used, or auction motor vehicle dealer, nonprofit motor vehicle dealer, motor vehicle leasing dealer, restricted motor vehicle dealer,
motorcycle dealer, broker, wholesaler, automotive recycling dealer, or a salesperson
of motor vehicles shall not engage in business in this state at any location without a
license issued for that location as provided in KRS 190.010 to 190.080. If a person
acts as a motor vehicle salesperson, he shall secure a motor vehicle salesperson's
license in addition to a license for a motor vehicle dealer. The motor vehicle
commission may provide by administrative regulation for other licensee activities
and an appropriate fee. (2) A manufacturer of motor vehicles, factory branch, distributor, distributor branch, or wholesaler shall not engage in business in this state without a license as provided in
KRS 190.010 to 190.080. (3) A factory representative or distributor representative shall not engage in business in this state without a license as provided in KRS 190.010 to 190.080. (4) Application for license shall be made to the licensor, at a time, in a form, and containing information the licensor shall require and shall be accompanied by the
required fee. The licensor may require in the application, or otherwise, information
relating to the applicant's solvency, his financial standing, or other pertinent matter
commensurate with the safeguarding of the public interest in the locality in which
the applicant proposes to engage in business. The information may be considered by
the licensor in determining the fitness of the applicant to engage in business as set
forth in this section. (5) All licenses shall be granted or refused within thirty (30) days after submission of a complete application and shall expire, unless revoked or suspended, on December
31 of the calendar year for which they are granted. If a complaint of unfair
cancellation of dealer franchise is in the process of being heard, a replacement
application for the franchise shall not be considered until a decision is rendered by
the commission. (6) The license fee for a calendar year, or part thereof, shall be as follows: (a) For new motor vehicle dealers, one hundred dollars ($100) for each office or branch or agent thereof, plus one hundred dollars ($100) for a supplemental
license for each used car lot not immediately adjacent to the office or to a
branch; (b) For used motor vehicle dealers, one hundred dollars ($100) for each office or branch or agent thereof; (c) For motor vehicle leasing dealers, one hundred dollars ($100) for each office or branch or agent thereof; (d) For restricted motor vehicle dealers, one hundred dollars ($100) for each office or branch or agent thereof; (e) For motorcycle dealers, one hundred dollars ($100) for each office, branch, or agent thereof; (f) For motor vehicle manufacturers, one hundred dollars ($100); and for each factory branch in this state, one hundred dollars ($100); (g) For distributors, motor vehicle auction dealers or wholesalers, the same as for dealers; (h) For motor vehicle salespersons, twenty dollars ($20), to be paid by the licensed dealer for every salesperson the dealer employs; (i) For factory representatives, or distributor branch representatives, one hundred dollars ($100); (j) For automotive mobility dealers, one hundred dollars ($100);
(k) For nonprofit motor vehicle dealers, one hundred dollars ($100); and
(l) For nonprofit motor vehicle dealer salespersons, a license fee shall not be imposed. (7) The licenses of dealers, manufacturers, factory branches, distributors, and distributor branches shall specify the location of the office or branch and shall be
conspicuously displayed there. If the location is changed, the licensor shall endorse
the change of location on the license. A licensee shall not be charged a fee for
changing locations. A change of location shall require a new application. A licensee
may conduct a temporary sale or display if the temporary sale or display is
permitted under an enabling ordinance enacted by the city, county, urban-county, or
consolidated local government within whose boundaries the temporary sale or
display is to be conducted. A temporary sale or display shall be advertised as
temporary in nature and shall consist of a representative sampling of the inventory
of each participating licensee. The provisions of this subsection shall not apply to a
nonprofit motor vehicle dealer. (8) Every salesperson, factory representative, or distributor representative shall carry his license when engaged in business, and display it upon request. The license shall
name his employer; and in case of a change of employer, the salesperson shall
immediately mail his license to the licensor who shall endorse the change on the
license without charge. (9) If the licensor has reasonable cause to doubt the financial responsibility or the compliance by the applicant or licensee with the provisions of this statute, the
licensor may require the applicant or licensee to furnish and maintain a bond in a
form, amount and with sureties not less than fifteen thousand dollars ($15,000),
conditioned upon the applicant or licensee complying with the provisions of the
statutes applicable to the licensee. The bonds shall be executed in the name of the
State of Kentucky for the benefit of any aggrieved parties, but the penalty of the
bond shall not be invoked except after a court adjudication. The commission may
promulgate administrative regulations to permit the applicant to submit evidence, in
lieu of posting bond, that reliable financial arrangements, deposits, or commitments
exist providing assurance, substantially equivalent to that afforded by a bond
complying with this subsection, for payment on conditions and indemnity set forth in this subsection. The bonding requirements of this subsection shall not apply to
manufacturers, factory branches, and their agents. (10) Application for dealer's license shall be submitted to the commission and contain information the commission may require. A motor vehicle dealer, unless licensed
under KRS 190.010 to 190.080, shall not be permitted to register, receive, or use
any motor vehicle registration plates. (11) Every motor vehicle dealer licensed in accordance with the provisions of this section shall make reports to the licensor at intervals and show information the
licensor may require. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 43, sec. 3, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 125, sec. 3, effective June 26, 2007. -- Amended 2003 Ky. Acts
ch. 13, sec. 1, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 216, sec. 1,
effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 186, sec. 2, effective July 15,
1994.