Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Off-Site Sales Event
License
(a) A licensed motor
vehicle dealer must electronically apply for an off-site sales event license,
as defined in §
40-12-395,
Code of Ala 1975, at least ten (10) calendar days
prior to conducting the off-site sale. Dealers may not participate in more than
3 off-site sales events per license year. The following information must be
included on the application:
1. Off-site
sales event location address.
2.
Beginning and ending dates of the off-site sales event.
*Note: The duration of the event cannot exceed 10
consecutive days.
(b) Pursuant to §
40-12-395,
Code of Ala. 1975, a twenty-five-dollar application
fee is required to be paid by the applicant.
(c) Upon reviewal of the application, the
department will either approve and issue an off-site sales event license and
provide notification to applicant of the issuance or notify the applicant of
additional information required.
(2)
Facilitator
License
(a) In accordance with
§
40-12-390,
Code of Ala. 1975, a facilitator is any person, or his
or her designee, who facilitates an off-site sale licensed under §
40-12-395,
Code of Ala.197 5. The term may include the owner of
the property where the off-site sale is being conducted.
(b) A facilitator of an off-site sale must
electronically apply for a master off-site sales license, as defined in §
40-12-395,
Code of Ala. 1975, at least ten (10) calendar days
prior to conducting the off-site sale. Each motor vehicle dealer participating
in the off-site sale must obtain an off-site license required in section (1)
and provide the license to the facilitator prior to the facilitator making the
application. If the dealer and facilitator are the same entity, only the master
off-site sales event license is required. The following information must be
included on the application:
1. Legal name of
business, trade name, or DBA (if applicable).
2. Mailing and physical address(es) of
business.
3. Off-site sales event
location address.
4. Each
participating dealer and their off-site sale license number.
5. Beginning and ending dates of off-site
sales event.
*Note: The duration of the event cannot exceed 10
consecutive days.
(c) Pursuant to §
40-12-395,
Code of Ala. 1975, a twenty-five-dollar application
fee is required to be paid by the applicant.
(d) Upon review of the application, the
department will either approve and issue an off-site sales event license and
provide notification to applicant of the issuance or notify the applicant of
additional information required or if the application is refused.
(e) The facilitator must display a temporary
sign at the location where the off-site sale is conducted identifying the name
of the facilitator, as stated on the license, conducting the sale and the name
of the motor vehicle dealers who are participating in the sale.
(3) A facilitator or motor vehicle
dealer who willfully fails to obtain an off-site license or failure of a
facilitator to disclose participating motor vehicle dealers is subject to the
penalty provisions provided in §§
40-12-392 and
40-12-395,
Code of Ala. 1975.