|
4501:1-3-02 (Place of
business required for manufactured home broker)
(A) A manufactured home
broker shall have an established place of business that shall include an office
that is permanent in nature, with office equipment and supplies that are
sufficient to assist in conducting the business of brokering manufactured homes
year round. The office shall have, at minimum, a landline telephone
number (not a cellular phone) in service at all times, and used at
the dealership, that is listed in the local telephone directory as, and
answered in the name of, the manufactured home broker, electric lighting,
and heating that is sufficient and reasonable for a retail office
environment. An established place of business that is used for brokering
previously owned manufactured homes shall be considered used exclusively for
that purpose even though its facility is located in a manufactured home park or
office complex, and even though rent and other activities related to operating a
manufactured home park take place at the same location.
(B) The office shall be
clearly identified, easily accessible, and open to the public, during
generally accepted business hours, at least thirty hours each week a
minimum of thirty hours a week, at least six of which shall occur Monday through
Friday from
7:00 a.m. to 5:00 p.m.
The office shall be kept neat and orderly at all times, and shall not be used as
a storage or other utility area. The office shall be separate from a personal
residence.
(C) The business hours
shall be legible and posted in a conspicuous place near the entrance of the
office.
(D) The
office shall be staffed at all posted hours by an owner, partner, officer or
licensed salesperson.
4501:1-3-04
(Dealer and manufactured home broker required to maintain records)
(A) A motor vehicle dealer,
a motor vehicle auction owner, a manufactured home broker, and a motor vehicle
distributor shall maintain the following records of all motor vehicles
purchased, leased and sold:
(1) Name and address of
the previous owner;
(2) Serial number (vehicle
identification number);
(3) Title number, county
and state;
(4) Year and make of said
vehicle;
(5) A purchase agreement
for each vehicle sold, which shall include a description of the vehicle, the
name and address of the purchaser, the sales price, the odometer reading and may
include the dealer's or broker's permit number;
(6) Lease contracts and
security agreements;
(7) Odometer disclosure
statement for each vehicle, except that a manufactured home broker is not
required to generate or keep this record;
(8) A record of temporary
tags sold on each vehicle except that a manufactured home broker is not required
to generate or keep this record.
(B) Records must be
maintained and easily accessible for a period of three years by those holding a
license granted under Chapter 4517. of the Revised Code and by any person who
held a license and has since gone out of business.
(C) The business records
shall be open for reasonable inspection by the registrar or his authorized
agent.
4501:1-3-11 (Dealer
required to maintain net worth)
No dealer shall be issued a
motor vehicle dealer's license or permitted to operate under a such license
unless the dealer has a net worth, verifiable upon request by the Registrar,net
worth in the sum of ten at least seventy-five thousand
dollars.
4501:1-3-32 (Place of
business required for motor vehicle leasing dealerships)
(A) A motor vehicle leasing
dealer who makes motor vehicles available for personal, family, or household use
by another in the manner described in the definition of "motor vehicle leasing
dealer" contained in section 4517.01 of the Revised Code shall have an easily
recognizable established place of business with an office that is used
exclusively for leasing motor vehicles. A place of business shall be considered
as used exclusively for leasing motor vehicles for personal, family, or
household use even though a business operated as a new motor vehicle dealership,
a used motor vehicle dealership, or a motor vehicle renting dealership, as
defined in section 4549.01 of the Revised Code, is located at the place of
business.
(B) The office shall be
separated from any residence by a permanent physical barrier and contain no
less than one hundred eighty square feet of usable, interior office area
excluding restroom, storage, or utility space. and The office
shall be kept neat and orderly at all times and shall not be used as a
storage of other utility area. At minimum, the The office
shall have, at minimum, a desk, filing cabinet, three chairs, heat and
electric lighting that is sufficient and reasonable for an office environment,
a telephone in service at all times with the number listed in the name
of the leasing dealership in a local directory and answered in the name of the
leasing dealer. The leasing dealership shall maintain at all times the
capability to send and receive and answered in the name of the motor
vehicle dealer, a facsimile machine in service during normal business
hours, a desk, filing cabinet, three chairs, and heat and electric lighting that
is sufficient and reasonable for an office environment. The office shall not be
used as a storage or other utility area. The motor vehicle dealership
license and a list of all licensed salespersons shall be conspicuously posted.
The requirements of this paragraph shall not be in addition to those required of
a new or used motor vehicle dealership.
(C) The office shall be
clearly identified, easily accessible and open to any person desiring to lease a
motor vehicle for personal, family, or household use. The business shall be
open a minimum of thirty hours per week, at least six of which shall occur
Monday through Friday, from 7:00 a.m. to 5:00 p.m. The name of the motor
vehicle leasing dealership and the office business hours shall be
legible and shall be posted in a conspicuous place where the general public has
access, at or near the entrance to the building, and at or near the entrance to
the office, if the two places are not the same.
(D) The
office shall be staffed during the posted hours by a sole proprietor, partner,
president of a corporation, member of a limited liability company, trustee of a
business trust, an equivalent natural person affiliated with some other kind of
legally constituted business organization, or a licensed salesperson.
4501:1-3-33 (Place of
business required for motor vehicle auction owner)
(A) A motor vehicle auction
owner shall have an established place of business with an office area that is
permanent in nature. The office shall have, at minimum, a landline
telephone number (not a cellular phone) in service at all times, used
at the auction facility's offices, that is listed in the local telephone
directory as, and answered in the name of, the motor vehicle auction owner,
electric lighting, and heating that is sufficient and reasonable for an office
environment. An established place of business that is used for auctioning motor
vehicles shall also have at least one area under permanent roof that is large
enough that motor vehicles may be moved through and where such motor vehicles
may be offered at auction.
(B) The established place
of business for an auction owner's license shall be separated by a permanent
physical barrier, as defined in rule 4501:1-3-08 of the Administrative Code,
from any home or personal residence, motor vehicle dealership, salvage motor
vehicle dealership, salvage motor vehicle auction, and salvage motor vehicle
pool.
(C) An established place of
business that is used for auctioning motor vehicles shall be considered used
exclusively for that purpose even though its facilities may be incidentally used
for conducting a public auction of repossessed motor vehicles.
(D) The office and auction
area shall be clearly identified, easily accessible and open for business
during business hours. a minimum of twenty hours per week, at least ten
of which shall occur Monday through Friday from
nine a.m. to five p.m.
It shall be open to the general public only when a public auction of repossessed
motor vehicles is being conducted. The office and auction area shall be kept
neat and orderly at all times, and shall not be used as a general storage
area or other utility area.
(E) The business hours
shall be legible and posted in a conspicuous place near the entrance of the
auction owner's licensed premises.
(F) Every auction owner
licensed under Chapter 4517. of the Revised Code shall notify the registrar of
motor vehicles in writing within fifteen days of any change in status of: (1)
name; (2) location; and (3) personnel of owner, partners, officers, or
directors. |
