301.570. 1. It shall be unlawful for any person, partnership,corporation, company or association, unless the seller is a financialinstitution, or is selling repossessed motor vehicles or is disposing ofvehicles used and titled solely in its ordinary course of business or is acollector of antique motor vehicles, to sell or display with an intent tosell six or more motor vehicles in a calendar year, except when such motorvehicles are registered in the name of the seller, unless such person,partnership, corporation, company or association is:
(1) Licensed as a motor vehicle dealer by the department under theprovisions of sections 301.550 to 301.573;
(2) Exempt from licensure as a motor vehicle dealer pursuant tosubsection 4 of section 301.559;
(3) Selling commercial motor vehicles with a gross weight of at leastnineteen thousand five hundred pounds, but only with respect to suchcommercial motor vehicles;
(4) An auctioneer, acting at the request of the owner at an auction,when such auction is not a public motor vehicle auction.
2. Any person, partnership, corporation, company or association thathas reason to believe that the provisions of this section are beingviolated shall file a complaint with the prosecuting attorney in the countyin which the violation occurred. The prosecuting attorney shallinvestigate the complaint and take appropriate action.
3. For the purposes of sections 301.550 to 301.573, the sale, barter,exchange, lease or rental with option to purchase of six or more motorvehicles in a calendar year by any person, partnership, corporation,company or association, whether or not the motor vehicles are owned bythem, shall be prima facie evidence of intent to make a profit or gain ofmoney and such person, partnership, corporation, company or associationshall be deemed to be acting as a motor vehicle dealer without a license.
4. Any person, partnership, corporation, company or association whoviolates subsection 1 of this section is guilty of a class A misdemeanor.
5. The provisions of this section shall not apply to liquidation ofan estate.
(L. 1988 H.B. 1512 ยง 11, A.L. 1993 S.B. 35, A.L. 1995 S.B. 152, A.L. 1997 H.B. 207, A.L. 2007 S.B. 82)