46.2-1993.14 - Supplemental sales locations.

§ 46.2-1993.14. Supplemental sales locations.

The Commissioner may issue a license for a licensed motorcycle dealer todisplay for sale or sell motorcycles at locations other than his establishedplace of business, subject to compliance with local ordinances andrequirements.

A permanent supplemental license may be issued for premises less than 500yards from the dealer's established place of business, provided a sign isdisplayed as required for the established place of business. A supplementallicense shall not be required for premises otherwise contiguous to theestablished place of business except for a public thoroughfare.

A temporary supplemental license may be issued for a period not to exceedfourteen days, provided that the application is made fifteen days prior tothe sale. A temporary supplemental license for the sale of new motorcyclesmay be issued only for locations within the dealer's area of responsibility,as defined in his franchise or sales agreement, unless certification isprovided that all dealers in the same line-make in whose areas ofresponsibility, as defined in their franchise or sales agreements, where thetemporary supplemental license is sought do not oppose the issuance of thetemporary license.

However, the application for a temporary supplemental license may be madefive business days prior to the sale, provided the applicant submit evidencethat the location is in compliance with all local ordinances and that allother requirements of this section have been met. The application shallinclude affirmative proof of nonopposition in the form of letters signed byall dealers in the same line-make in whose areas of responsibility, asdefined in their franchise or sales agreements, where the temporarysupplemental license is sought, approving the Department's granting thetemporary supplemental license.

A temporary supplemental license for sale of used motorcycles may be issuedonly for the county, city, or town in which the dealer is licensed pursuantto § 46.2-1993.8, or for a contiguous county, city, or town. Temporarylicenses may be issued without regard to the foregoing geographicrestrictions where the dealer operating under a temporary license providesnotice, at least thirty days before any proposed sale under a temporarylicense, to all other dealers licensed in the jurisdiction in which the salewill occur of the intent to conduct a sale and permits any locally licenseddealer who wishes to do so to participate in the sale on the same terms asthe dealer operating under the temporary license. Any locally licensed dealerwho chooses to participate in the sale must obtain a temporary supplementallicense for the sale pursuant to this section.

(1996, cc. 1043, 1052.)