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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-1516, 46.2-1916, and 46.2-1993.14 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-1516. Supplemental sales locations.
The Board may issue a license for a licensed motor vehicle dealer to display for sale or sell vehicles at locations other than his established place of business, subject to compliance with local ordinances and requirements.
A permanent supplemental license may be issued for premises less than 500 yards from the dealer's established place of business, provided a sign is displayed as required for the established place of business. A supplemental license shall not be required for premises otherwise contiguous to the established place of business except for a public thoroughfare.
A temporary supplemental license may be issued for a period
not to exceed seven days, provided that the application is made fifteen
15 days prior to the sale. The Board shall not issue a temporary
supplemental license for the same jurisdiction for a consecutive seven-day
period. The Board shall not issue more than eight supplemental licenses per
year to any licensed motor vehicle dealer.
A temporary supplemental license for the sale of new motor vehicles may be issued only for locations within the dealer's area of responsibility, as defined in his franchise or sales agreement, unless proof is provided that all dealers in the same line-make in whose areas of responsibility, as defined in their franchise or sales agreements, where the temporary supplemental license is sought do not oppose the issuance of the temporary license.
A temporary supplemental license for sale of used motor
vehicles may be issued only for the county, city, or town in which the dealer
is licensed pursuant to § 46.2-1510, or for a contiguous county, city, or town.
Temporary licenses may be issued without regard to the foregoing geographic
restrictions where the dealer operating under a temporary license provides
notice by certified mail, at least thirty 30 days before
any proposed sale under a temporary license, to all other dealers licensed in
the jurisdiction in which the sale will occur of the intent to conduct a sale
and permits any locally licensed dealer who wishes to do so to participate in
the sale on the same terms as the dealer operating under the temporary license.
Any locally licensed dealer who chooses to participate in the sale must obtain
a temporary supplemental license for the sale pursuant to this section. The
dealer operating under a temporary license shall provide to the Board a copy of
the notice required under this section and a list of the dealers to whom the
notice was distributed.
A temporary supplemental license may be issued for the sale of
boat trailers at a boat show. Any such license shall be valid for no more than
fourteen 14 days. Application for such a license shall be made and
such license obtained prior to the opening of the show. Temporary supplemental
licenses for sale of boat trailers at boat shows may be issued for any boat
show located anywhere in the Commonwealth without notification of or approval
by other boat trailer dealers.
§ 46.2-1916. Supplemental sales locations.
The Commissioner may issue a license for a licensed T&M vehicle dealer to display for sale or sell T&M vehicles at locations other than his established place of business, subject to compliance with local ordinances and requirements.
A permanent supplemental license may be issued for premises less than 500 yards from the dealer's established place of business, provided a sign is displayed as required for the established place of business. A supplemental license shall not be required for premises otherwise contiguous to the established place of business except for a public thoroughfare.
A temporary supplemental license may be issued for a period
not to exceed seven days, provided that the application is made fifteen 15
days prior to the sale. The Department shall not issue a temporary
supplemental license for the same jurisdiction for a consecutive seven-day
period. The Department shall not issue more than eight supplemental licenses
per year to any licensed T&M vehicle dealer. A temporary supplemental
license for the sale of new T&M vehicles may be issued only for locations
within the dealer's area of responsibility, as defined in his franchise or
sales agreement, unless proof is provided that all dealers in the same
line-make in whose areas of responsibility, as defined in their franchise or
sales agreements, where the temporary supplemental license is sought do not
oppose the issuance of the temporary license.
However, the application for a temporary supplemental license may be made five business days prior to the sale if the applicant submits evidence that the location is in compliance with all applicable local ordinances and that all other requirements of this section have been met. The application shall include affirmative proof of no opposition, in the form of letters signed by all dealers in the same line-make in whose areas of responsibility, as defined in their franchise or sales agreements, where the temporary supplemental license is sought, approving the Department's granting the temporary supplemental license.
A temporary supplemental license for sale of used T&M
vehicles may be issued only for the county, city, or town in which the dealer
is licensed pursuant to § 46.2-1910, or for a contiguous county, city, or town.
Temporary licenses may be issued without regard to the foregoing geographic
restrictions where the dealer operating under a temporary license provides
notice by certified mail, at least thirty 30 days before
any proposed sale under a temporary license, to all other dealers licensed in
the jurisdiction in which the sale will occur of the intent to conduct a sale
and permits any locally licensed dealer who wishes to do so to participate in
the sale on the same terms as the dealer operating under the temporary license.
Any locally licensed dealer who chooses to participate in the sale must obtain
a temporary supplemental license for the sale pursuant to this section. The
dealer operating under a temporary license shall provide to the Department a
copy of the notice required under this section and a list of the dealers to
whom the notice was distributed.
§ 46.2-1993.14. Supplemental sales locations.
The Commissioner may issue a license for a licensed motorcycle dealer to display for sale or sell motorcycles at locations other than his established place of business, subject to compliance with local ordinances and requirements.
A permanent supplemental license may be issued for premises less than 500 yards from the dealer's established place of business, provided a sign is displayed as required for the established place of business. A supplemental license shall not be required for premises otherwise contiguous to the established place of business except for a public thoroughfare.
A temporary supplemental license may be issued for a period
not to exceed fourteen 14 days, provided that the application is
made fifteen 15 days prior to the sale. The Department shall
not issue a temporary supplemental license for the same jurisdiction for a
consecutive 14-day period. The Department shall not issue more than eight
supplemental licenses per year to any licensed motorcycle dealer.
A temporary supplemental license for the sale of new motorcycles may be issued only for locations within the dealer's area of responsibility, as defined in his franchise or sales agreement, unless certification is provided that all dealers in the same line-make in whose areas of responsibility, as defined in their franchise or sales agreements, where the temporary supplemental license is sought do not oppose the issuance of the temporary license.
However, the application for a temporary supplemental license may be made five business days prior to the sale, provided the applicant submit evidence that the location is in compliance with all local ordinances and that all other requirements of this section have been met. The application shall include affirmative proof of nonopposition in the form of letters signed by all dealers in the same line-make in whose areas of responsibility, as defined in their franchise or sales agreements, where the temporary supplemental license is sought, approving the Department's granting the temporary supplemental license.
A temporary supplemental license for sale of used motorcycles
may be issued only for the county, city, or town in which the dealer is
licensed pursuant to § 46.2-1993.8, or for a contiguous county, city, or town.
Temporary licenses may be issued without regard to the foregoing geographic
restrictions where the dealer operating under a temporary license provides
notice by certified mail, at least thirty 30 days before
any proposed sale under a temporary license, to all other dealers licensed in
the jurisdiction in which the sale will occur of the intent to conduct a sale
and permits any locally licensed dealer who wishes to do so to participate in
the sale on the same terms as the dealer operating under the temporary license.
Any locally licensed dealer who chooses to participate in the sale must obtain
a temporary supplemental license for the sale pursuant to this section. The
dealer operating under a temporary license shall provide to the Department a
copy of the notice required under this section and a list of the dealers to
whom the notice was distributed.