301.550. Definitions--classification of dealers.

MISSOURI STATUTES AND CODES

301.550. Definitions--classification of dealers.

Definitions--classification of dealers.

301.550. 1. The definitions contained in section 301.010 shall applyto sections 301.550 to 301.573, and in addition as used in sections 301.550to 301.573, the following terms mean:

(1) "Boat dealer", any natural person, partnership, or corporationwho, for a commission or with an intent to make a profit or gain of moneyor other thing of value, sells, barters, exchanges, leases or rents withthe option to purchase, offers, attempts to sell, or negotiates the sale ofany vessel or vessel trailer, whether or not the vessel or vessel traileris owned by such person. The sale of six or more vessels or vesseltrailers or both in any calendar year shall be required as evidence thatsuch person is eligible for licensure as a boat dealer under sections301.550 to 301.573. The boat dealer shall demonstrate eligibility forrenewal of his license by selling six or more vessels or vessel trailers orboth in the prior calendar year while licensed as a boat dealer pursuant tosections 301.550 to 301.573;

(2) "Boat manufacturer", any person engaged in the manufacturing,assembling or modification of new vessels or vessel trailers as a regularbusiness, including a person, partnership or corporation which acts for andis under the control of a manufacturer or assembly in connection with thedistribution of vessels or vessel trailers;

(3) "Department", the Missouri department of revenue;

(4) "Director", the director of the Missouri department of revenue;

(5) "Emergency vehicles", motor vehicles used as ambulances, lawenforcement vehicles, and fire fighting and assistance vehicles;

(6) "Manufacturer", any person engaged in the manufacturing,assembling or modification of new motor vehicles or trailers as a regularbusiness, including a person, partnership or corporation which acts for andis under the control of a manufacturer or assembly in connection with thedistribution of motor vehicles or accessories for motor vehicles;

(7) "Motor vehicle broker", a person who holds himself out throughsolicitation, advertisement, or otherwise as one who offers to arrange atransaction involving the retail sale of a motor vehicle, and who is not:

(a) A dealer, or any agent, or any employee of a dealer when actingon behalf of a dealer;

(b) A manufacturer, or any agent, or employee of a manufacturer whenacting on behalf of a manufacturer;

(d) A public motor vehicle auction or wholesale motor vehicle auctionwhere buyers are licensed dealers in this or any other jurisdiction;

(8) "Motor vehicle dealer" or "dealer", any person who, forcommission or with an intent to make a profit or gain of money or otherthing of value, sells, barters, exchanges, leases or rents with the optionto purchase, or who offers or attempts to sell or negotiates the sale ofmotor vehicles or trailers whether or not the motor vehicles or trailersare owned by such person; provided, however, an individual auctioneer orauction conducted by an auctioneer licensed pursuant to chapter 343, RSMo,shall not be included within the definition of a motor vehicle dealer. Thesale of six or more motor vehicles or trailers in any calendar year shallbe required as evidence that such person is engaged in the motor vehiclebusiness and is eligible for licensure as a motor vehicle dealer undersections 301.550 to 301.573. Any motor vehicle dealer licensed beforeAugust 28, 2007, shall be required to meet the minimum calendar year salesof six or more motor vehicles provided the dealer can prove the businessachieved, cumulatively, six or more sales per year for the precedingtwenty-four months in business; or if the dealer has not been in businessfor twenty-four months, the cumulative equivalent of one sale every twomonths for the months the dealer has been in business before August 28,2007. Any licensed motor vehicle dealer failing to meet the minimumvehicle sales requirements as referenced in this subsection shall not bequalified to renew his or her license for one year. Applicants who reapplyafter the one-year period shall meet the requirement of six sales per year;

(9) "New motor vehicle", any motor vehicle being transferred for thefirst time from a manufacturer, distributor or new vehicle dealer which hasnot been registered or titled in this state or any other state and which isoffered for sale, barter or exchange by a dealer who is franchised to sell,barter or exchange that particular make of motor vehicle. The term "newmotor vehicle" shall not include manufactured homes, as defined in section700.010, RSMo;

(10) "New motor vehicle franchise dealer", any motor vehicle dealerwho has been franchised to deal in a certain make of motor vehicle by themanufacturer or distributor of that make and motor vehicle and who may, inline with conducting his business as a franchise dealer, sell, barter orexchange used motor vehicles;

(11) "Person" includes an individual, a partnership, corporation, anunincorporated society or association, joint venture or any other entity;

(12) "Powersport dealer", any motor vehicle dealer who sells, eitherpursuant to a franchise agreement or otherwise, primarily motor vehiclesincluding but not limited to motorcycles, all-terrain vehicles, andpersonal watercraft, as those terms are defined in this chapter and chapter306, RSMo;

(13) "Public motor vehicle auction", any person, firm or corporationwho takes possession of a motor vehicle whether by consignment, bailment orany other arrangement, except by title, for the purpose of selling motorvehicles at a public auction by a licensed auctioneer;

(14) "Recreational motor vehicle dealer", a dealer of new or usedmotor vehicles designed, constructed or substantially modified for use astemporary housing quarters, including sleeping and eating facilities whichare either permanently attached to the motor vehicle or attached to a unitwhich is securely attached to the motor vehicle;

(15) "Storage lot", an area within the same city or county where adealer may store excess vehicle inventory;

(16) "Trailer dealer", any person selling, either exclusively orotherwise, trailers as defined in subdivision (59) of section 301.010. Atrailer dealer may acquire a motor vehicle for resale only as a trade-infor a trailer. Notwithstanding the provisions of subdivision (11) ofsection 301.010 and section 301.069, trailer dealers may purchase onedriveaway license plate to display such motor vehicle for demonstrationpurposes. The sale of six or more trailers in any calendar year shall berequired as evidence that such person is engaged in the trailer businessand is eligible for licensure as a trailer dealer under sections 301.550 to301.573. Any trailer dealer licensed before August 28, 2007, shall berequired to meet the minimum calendar year sales of six or more trailersprovided the dealer can prove the business achieved, cumulatively, six ormore sales per year for the preceding twenty-four months in business; or ifthe dealer has not been in business for twenty-four months, the cumulativeequivalent of one sale every two months for the months the dealer has beenin business before August 28, 2007. Any licensed trailer dealer failing tomeet the minimum trailer and vehicle sales requirements as referenced inthis subsection shall not be qualified to renew his or her license for oneyear. Applicants who reapply after the one-year period shall meet therequirement of six sales per year;

(17) "Used motor vehicle", any motor vehicle which is not a new motorvehicle, as defined in sections 301.550 to 301.573, and which has beensold, bartered, exchanged or given away or which may have had a titleissued in this state or any other state, or a motor vehicle so used as tobe what is commonly known as a secondhand motor vehicle. In the event ofan assignment of the statement of origin from an original franchise dealerto any individual or other motor vehicle dealer other than a new motorvehicle franchise dealer of the same make, the vehicle so assigned shall bedeemed to be a used motor vehicle and a certificate of ownership shall beobtained in the assignee's name. The term "used motor vehicle" shall notinclude manufactured homes, as defined in section 700.010, RSMo;

(18) "Used motor vehicle dealer", any motor vehicle dealer who is nota new motor vehicle franchise dealer;

(19) "Vessel", every boat and watercraft defined as a vessel insection 306.010, RSMo;

(20) "Vessel trailer", any trailer, as defined by section 301.010which is designed and manufactured for the purposes of transportingvessels;

(21) "Wholesale motor vehicle auction", any person, firm orcorporation in the business of providing auction services solely inwholesale transactions at its established place of business in which thepurchasers are motor vehicle dealers licensed by this or any otherjurisdiction, and which neither buys, sells nor owns the motor vehicles itauctions in the ordinary course of its business. Except as required by lawwith regard to the auction sale of a government-owned motor vehicle, awholesale motor vehicle auction shall not provide auction services inconnection with the retail sale of a motor vehicle;

(22) "Wholesale motor vehicle dealer", a motor vehicle dealer whosells motor vehicles only to other new motor vehicle franchise dealers orused motor vehicle dealers or via auctions limited to other dealers of anyclass.

2. For purposes of sections 301.550 to 301.573, neither the termmotor vehicle nor the term trailer shall include manufactured homes, asdefined in section 700.010, RSMo.

3. Dealers shall be divided into classes as follows:

(1) Boat dealers;

(2) Franchised new motor vehicle dealers;

(3) Used motor vehicle dealers;

(4) Wholesale motor vehicle dealers;

(5) Recreational motor vehicle dealers;

(6) Historic motor vehicle dealers;

(7) Classic motor vehicle dealers;

(8) Powersport dealers; and

(9) Trailer dealers.