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Chapter 681-6 ESTABLISHED PLACE OF BUSINESS

Rule 681-6-.01 Established Place of Business

(a) Used motor vehicle dealers and parts dealers shall be required to maintain an "established place of business", which shall be a permanent building meeting the requirements of Rule 681-1-.01(f) where the records required to be kept in Rule 681-1-.01(y) are located and from which sales are negotiated. In determining whether the building meets the requirements of Rule 681-1-.01(f), the Board will allow modular or manufactured office buildings that are tied down and on blocks, with the wheels removed. Effective January 1, 2007, the Board will not allow storage buildings or similar moveable structures that are clearly manufactured or constructed for purposes unrelated to office use. Any dealer who has previously obtained licensure in such a building will be allowed to remain in such building as long as the dealer remains at the location of licensure; however, effective January 1, 2007, if the dealer changes location, or allows the license to lapse, the dealer must meet the requirements of this rule.
(b) A dealer who operates an open lot, according to Rule 681-1-.01(r), shall conduct business in a building on the same property as the display lot. If the dealer is a used car broker, and will not display an inventory of vehicles for sale, the requirements of this rule for an established place of business shall still be met, with the exception of the display area for vehicles. Effective January 1, 2007, for new applicants, only one dealer shall be licensed to operate an open lot on a plat of property as defined by the county tax assessor's office records. Once a dealer is licensed to operate an open lot on a defined plat of property, no other dealer, including a broker, shall be licensed to operate on the same plat of property. Dealers who allow their licenses to lapse must meet the requirements of this rule in order to reinstate the license.
(c) The established place of business shall also have installed and maintain a working land line telephone whose number shall be listed in the licensee's trade name, the same as that which is listed in the application and in any advertisement by the dealer made available to the consumer. The established place of business shall also erect and maintain a permanent sign which shall be in compliance with board rules and the local ordinances of the particular city or county in which the established place of business is located. If no local ordinances exist, then the Board's criteria for an appropriate permanent sign shall be met. The sign shall list the trade name of the licensee, the same as that which is listed in the application and in any advertisement by the dealer. If the telephone number is listed on the sign, it shall be the phone number listed in the application and in any advertisement by the dealer.
(d) Free-standing signs shall be affixed to a metal base or frame with concrete footings. Signs affixed to the building shall be so affixed by metal bolts or on a metal frame affixed to the building by metal bolts. Signs shall be professionally designed on permanent material, and the lettering applied on the sign shall be a minimum of six inches in height. At least one sign must be located and positioned to be clearly visible to consumers from the street. Signs painted on the building, or on the door or window of the building are allowed, as long as the painted sign meets local ordinances and/or board criteria for size of lettering and visibility to consumers from the street.
(e) Effective January 1, 2007, a used motor vehicle dealer may operate from an office suite in an office complex, provided that the facility meets the criteria established in this rule and in Board Rule 681-3-.05. The permanent sign for the dealer must be erected at the nearest point of public access from the street to the building in which the dealer has established the office. Local ordinance and property lease regulations will authorize where the sign may be erected and displayed. At a minimum, the sign shall be at the entrance to the building, in a publicly displayed marquee in the lobby of the building that lists all businesses within the building, and directly outside the entrance to the office of the dealer.
(f) Effective January 1, 2007, used motor vehicle dealers may be permitted to operate from a residential address, as long as local ordinances allow such operations in a residential area, and in accordance with Board rules. The requirement for an appropriate permanent sign must be met at the location. The office of the used motor vehicle dealer shall be a separate building that is detached from the residence. Such office shall be readily accessible to the public and to official inspectors during regular business hours. Such office shall have a dedicated phone line for the business telephone required by OCGA § 43-47-2(3), as well as for computers and related equipment used exclusively for the business. The office shall also contain the office furnishings and filing cabinets necessary to file the records required by OCGA §§ 43-47-2(3) and 43-47-12. The license issued by the appropriate division of the Board shall be displayed in a conspicuous place within the office, as well as the sales & use tax number issued by the Georgia Department of Revenue and the local business license.