301.566. Motor vehicle sales or shows held away from licensed place of business, allowed, when--off-site retail sale of vehicles, when--recreational vehicle dealer participation in recreational vehicl - Missouri Statutes

Motor vehicle sales or shows held away from licensed place ofbusiness, allowed, when--off-site retail sale of vehicles,when--recreational vehicle dealer participation in recreationalvehicle shows and vehicle exhibitions--out-of-stateparticipants--violation, penalty.

301.566. 1. A motor vehicle dealer may participate in no more thantwo motor vehicle shows or sales annually and conduct sales of motorvehicles away from the dealer's usual, licensed place of business if eitherthe requirements of subsection 2 or 3 of this section are met or the eventis conducted for not more than five consecutive days, the event does notrequire any motor vehicle dealer participant to pay an unreasonablyprohibitive participation fee, and if a majority of the motor vehicledealers within a class of dealers described pursuant to subsection 3 ofsection 301.550 in a city or town participate or are invited and have theopportunity to participate in the event, except that a recreational motorvehicle dealer classified in subdivision (5) of subsection 3 of section301.550 may participate in such a show or sale even if a majority ofrecreational motor vehicle dealers in a city or town do not participate inthe event. If any show or sale includes a class of dealer or franchisednew vehicle line-make, that is also represented by a same class dealer ordealer representing the same line-make outside of the boundary lines of thecity or town and is within ten miles of where the show or sale is to takeplace, the dealer outside of the boundary lines of the city or town shallbe invited to participate in the show or sale. The department shallconsider such events to be proper in all respects and as if each dealerparticipant was conducting business at the dealer's usual businesslocation. Nothing contained in this section shall be construed as applyingto the sale of motor vehicles or trailers through either a wholesale motorvehicle auction or public motor vehicle auction.

2. Any person, partnership, corporation or association disposing ofvehicles used and titled solely in its ordinary course of business asprovided in section 301.570 may sell at retail such vehicles away from thatperson's bona fide established place of business, thus constituting anoff-site sale, by adhering to each of the following conditions with regardto each and every off-site sale conducted:

(1) Have in effect a valid license, pursuant to sections 301.550 to301.575*, from the department for the sale of used motor vehicles;

(2) No off-site sale may exceed five days in duration, and only onesale may be held per year, per county;

(3) Pay to the motor vehicle commission fund, pursuant to section301.560, a permit fee of five hundred fifty dollars for each off-site saleevent;

(4) Advise the department, at least ten days prior to the sale, ofthe date, location and duration of each off-site sale;

(5) The sale of vehicles at off-site sales shall be limited to salesby a seller of vehicles used and titled solely in its ordinary course ofbusiness, and such sales shall be held in conjunction with a credit unionand limited to members of the credit union, thus constituting a privatesale to be advertised to members only;

(6) Off-site sales by a seller of vehicles used and titled solely inits ordinary course of business may also be held in conjunction with otherfinancial institutions provided that any such sale event shall be held onthe premises of the financial institution, and sales shall be limited topersons who were customers of the financial institution prior to the dateof the sale event. Off-site sales held with such other financialinstitutions shall be limited to one sale per year per institution;

(7) The sale of motor vehicles which have the designation of thecurrent model year, except discontinued models, is prohibited at off-sitesales until subsequent model year designated vehicles of the samemanufacture and model are offered for sale to the public.

3. A recreational vehicle dealer, as that term is defined in section700.010, RSMo, who is licensed in another state may participate inrecreational vehicle shows or exhibits with recreational vehicles withinthis state in which less than fifty dealers participate as exhibitors withpermission of the dealer's licensed manufacturer if all of the followingconditions exist:

(1) The show or exhibition has a minimum of ten recreational vehicledealers licensed as motor vehicle dealers in this state;

(2) More than fifty percent of the participating recreational vehicledealers are licensed motor vehicle dealers in this state; and

(3) The state in which the recreational vehicle is licensed is astate contiguous to Missouri and the state permits recreational vehicledealers licensed in Missouri to participate in recreational vehicle showsin such state pursuant to conditions substantially equivalent to theconditions which are imposed on dealers from such state who participate inrecreational vehicle shows in Missouri.

4. A recreational vehicle dealer licensed in another state mayparticipate in a vehicle show or exhibition in Missouri which has, when itopens to the public, at least fifty dealers displaying recreationalvehicles if the show or exhibition is trade-oriented and is predominantlyfunded by recreational vehicle manufacturers. All of the participatingdealers who are not licensed in Missouri shall be licensed as recreationalvehicle dealers by the state of their residence.

5. A recreational vehicle dealer licensed in another state whointends to participate in a vehicle show or exhibition in this state shallsend written notification of such intended participation to the departmentof revenue at least thirty days prior to the vehicle show or exhibition.Upon receipt of such written notification, the department of revenue shallmake a determination regarding compliance with the provisions of thissection. If such recreational vehicle dealer would be unable toparticipate in the vehicle show or exhibition in this state pursuant tothis section, the department of revenue shall notify the recreationalvehicle dealer at least fifteen days prior to the vehicle show orexhibition of the inability to participate in the vehicle show orexhibition in this state.

6. The department of revenue may assess a fine of up to one thousanddollars for any violation of this section.

(L. 1988 H.B. 1512 § 9, A.L. 1993 S.B. 35, A.L. 1996 S.B. 560, A.L. 1997 H.B. 207, A.L. 2004 H.B. 1288 and S.B. 1233, et al., A.L. 2007 S.B. 82)

*Section 301.575 was repealed by S.B. 52 in 1993.