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Chapter 681-3 LICENSING

Rule 681-3-.01 Complete Applications Forms Required

(1) No application shall be accepted for review until the application is complete in every respect.
(2) A "complete application" shall include:
(a) an application form on which each and every question is answered to the applicant's best knowledge and abilities;
(b) a bond in the amount of $35,000 for used motor vehicle dealers and $10,000 for used motor vehicle parts dealers, as required by O.C.G.A. Section 43-47-8(h). Following the initial licensing period, the Bond shall then run concurrently with the licensing period. At no time should the licensee be without a bond during any licensing period;
(c) a certificate of insurance as required as by O.C.G.A. Section 43-47-8(k), including policy number, policy limits, expiration date, name and address of insured exactly as they appear on the application, and certificate holder listed as "State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, 237 Coliseum Drive, Macon, Georgia 31217", which identifies the appropriate division. Garage Liability Insurance must be indicated for the appropriate policy limits for used motor vehicle dealers and used parts dealers who offer rebuilt vehicles for sale.
(d) fingerprints scanned at an approved GAPS print site for reporting by GCIC and NCIC as required by O.C.G.A. Section 43-47-8(a);
(e) proof that the applicant has attended the seminar as required by O.C.G.A. Section 43-47-8(d);
(f) proof that the applicant has applied for a sales tax registration number in the exact same name listed on the used motor vehicle dealer or used motor vehicle parts dealer application, as required by O.C.G.A. Section 43-47-8(f);
(g) photographs as required by Rule 681-3-.02;
(h) the appropriate fee as contained in the fee schedule;
(i) any other information which may be required by statute or rule.

Rule 681-3-.02 Photograph(s) to Accompany Application

All applications for licensure as a used car dealer must be accompanied by a non-returnable photograph or photographs which shall be maintained as a permanent part of the application. Such photograph(s) should be of a size and quality sufficient to clearly depict the required information. Such photograph(s) shall show the complete facility, appropriate sign, and the entire display area of the applicant's establishment.

Rule 681-3-.03 Supplemental License and Temporary Sites

(1) A supplemental license shall be required of a Georgia licensed used motor vehicle dealer for each car lot operated by or proposed to be operated by the Georgia licensee for any period to exceed ninety-six (96) consecutive hours, when such lot is not located immediately adjacent to the established place of business. Each and every lot operated or proposed to be operated by the Georgia licensee for any period to exceed ninety-six (96) consecutive hours, which is not located immediately adjacent to the licensee's established place of business, must have its own supplemental license, and no supplemental license shall extend to more than one lot.
(2) In order to be entitled to the issuance of a supplemental license, the licensee must hold a valid Georgia used car dealer's license and is required to provide the Division with an appropriate application and the following information:
1. the licensee's license number;
2. photographs of the proposed location for the supplemental license;
3. proof that a business license can be obtained from the municipality or county wherein lies the proposed location or proof that no such license is required.
(3) A used motor vehicle dealer may engage in the used car business at a temporary site for a period not to exceed ninety-six (96) consecutive hours in a 30-day period of time. Any licensed dealer who proposes to conduct a sale on a temporary site must submit a complete application for a temporary site sale permit with the Board at least 60 days prior to the proposed starting date of the temporary site sale. A complete application will include the appropriate fee as listed on the application, a copy of the written notice(s) required by this rule to be given to each purchaser of a vehicle at the temporary site sales, written documentation demonstrating that the dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur, and a copy of a written agreement with the owner of the real property where this sale will occur. A separate application and fee must be submitted for every temporary site sale. The approved permit shall be forwarded to the licensed dealer prior to the proposed starting date of the sale. The dealer shall be required to post the approved permit in a conspicuous place at the temporary site sale. A used motor vehicle dealer may not operate at a temporary site more than three times in any one calendar year. The temporary site must be located within one county of the county of the dealer's established place of business.
(a) For every sale conducted by a Georgia licensee, the licensee shall provide each consumer purchasing a used motor vehicle, at the sale, with the following information in writing:
1. the licensee's Georgia license number;
2. the address and telephone number of each licensed location;
3. the name of the owner or contact person for the license;
4. the place where complaints can be communicated, if different from the licensed location(s);
(b) Any disciplinary action which may be taken for a violation of this rule shall be in addition to any penalty which may be imposed by the other state or federal agency.

Rule 681-3-.04 Insurance

Each application for license shall be accompanied by proof that shows sufficient evidence of used motor vehicle dealer's public liability and property damage insurance with liability limits as sets forth in O.C.G.A. Section 43-47-8(k).

Rule 681-3-.05 Multiple Business Operations

Effective March 1, 2007, new applicants for used motor vehicle dealer license may conduct business at a location where other businesses are conducted, provided that a clear and distinct separation of business is established. Exemption from the requirements of this rule will be granted to like-kind businesses with common designee/ownership, including, but not limited to, title pawn stores, used parts licensees, and auto rental businesses. The entrance to the dealer's office or salesroom may not be shared by another business of any kind. The dealer must maintain a separate office with separate inventory, records, and files necessary to conduct the business. The dealer must maintain the dealership name on all required documents and vehicles for sale. The dealer's office must be accessed from outside the building. No dealer may maintain an office or salesroom that is entered from within another business office. The dealer's address must be differentiated from the other businesses at the location by a separate suite number or office number. The telephone of the dealer must be listed in the dealer's name, the same name listed on the application and all advertisements, and cannot be shared with another business. The sign must be in compliance with local ordinances and with Board requirements.