Introduced Version
SENATE BILL No. 264
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-23-2-7.
Synopsis: Offsite vehicle sales. Changes the criteria for an automobile
dealer to obtain a license for an offsite sale.
Effective: Upon passage.
January 9, 2006, read first time and referred to Committee on Commerce & Transportation.
Introduced
Second Regular Session 114th General Assembly (2006)
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SENATE BILL No. 264
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-23-2-7; (06)IN0264.1.1. -->
SECTION 1. IC 9-23-2-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
subsections (b) and (c) through (g), the bureau shall issue an offsite
sales license to a dealer licensed under this chapter not later than
forty-five (45) days after receipt of the application for the license who
submits an application for the license not later than ten (10)
business days or two (2) calendar weeks before the offsite sale date.
License applications under this section shall be made public upon the
request of any person. The term of the offsite sales license is not to
exceed ten (10) days.
(b) The bureau may not issue an offsite sales license to a dealer who
does not have an established place of business within Indiana.
(c) The bureau may not issue an offsite sales license to a licensed
dealer proposing to conduct the sale outside a radius of twenty (20)
miles from its established place of business. This subsection does not
apply to:
(1) new manufactured housing dealers;
(2) recreational vehicle dealers; or
(3) a rental company that is a dealer conducting a sale at a site
within twenty (20) miles of any of its company owned affiliates.
(d) A vehicle display is not considered an offsite sale if it is in an
open area where no sales personnel or sales materials are present.
(e) The bureau may not issue an offsite sales license to a licensed
dealer proposing to conduct the offsite sale for more than ten (10)
calendar days.
(f) As used in this subsection, "executive" has the meaning set
forth in IC 36-1-2-5. The bureau may not issue an offsite sales
license to a licensed dealer if the dealer does not have authorization
that the offsite sale would be in compliance with local zoning
ordinances or other local ordinances. Authorization under this
subsection may only be obtained from the following:
(1) If the offsite sale would be located within the corporate
boundaries of a city or town, the executive of the city or town.
(2) If the offsite sale would be located outside the corporate
boundaries of a city or town:
(A) except as provided in clause (B), the executive of the
county; or
(B) if the city or town exercises zoning jurisdiction under
IC 36-7-4-205(b) over the area where the offsite sale would
be located, the executive of the city or town.
(g) The bureau may not issue an offsite sales license to a licensed
dealer who has held more than three (3) nonconsecutive offsite
sales in the year ending on the date of the offsite sale for which the
current license application is being submitted.
(d) (h) The requirements of section 2(c) of this chapter do not apply
to the application or issuance of an offsite sales license under this
section.