Place of Business; Temporary Sites; Penalties

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Used Motor Vehicle and Used Motor Vehicle Parts Dealers
  5. Place of Business; Temporary Sites; Penalties

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  1. A used motor vehicle dealer shall not engage in any activity as a used motor vehicle dealer except at such dealer's established place of business which has been registered under Code Section 40-2-38, at temporary sites not more than three times in any one calendar year, or at a licensed auto auction or any licensed facility. This subsection shall not be construed to prohibit a used motor vehicle dealer from delivering a vehicle off site, provided that the transaction is initiated from an established place of business under this chapter.
    1. At least 60 days prior to opening a sale at a temporary site, a used motor vehicle dealer must make application to the board for a temporary site permit. A separate application must be submitted for every temporary site sale.
    2. To be eligible for a temporary site permit, a used motor vehicle dealer must be registered as required by Code Section 40-2-38. In order to obtain a temporary site permit, a used motor vehicle dealer must provide, on a form promulgated by the board:
      1. The address, including county, of the used motor vehicle dealer's established place of business;
      2. The address, including county, of the proposed temporary site location;
      3. The dates and hours of the temporary site sale;
      4. The number of temporary site sales already conducted by the used motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and
      5. The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale.
    3. As part of the application, a used motor vehicle dealer must submit written documentation demonstrating that the used motor vehicle 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.
    4. A temporary site permit issued pursuant to this subsection shall be valid only for the dates and hours of the sale as indicated on the application submitted to the board and must be prominently displayed at the temporary site at all times during the site sale. No used motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location.
    5. The fee for each application for a temporary site permit shall be $100.00.
  3. As an alternative to criminal or other civil enforcement of this Code section or any orders, rules, and regulations promulgated pursuant hereto, the board may issue an administrative fine not to exceed $1,000.00 for each violation whenever the board, after a hearing, determines that any person has violated any provisions of this Code section or any orders, rules, and regulations promulgated pursuant hereto. If, after a hearing, the board determines that any person has violated this provision more than once, the board may suspend his or her license for a period not to exceed ten days. Any hearing and any administrative review held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the board shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The board may file, in the superior court:
    1. In the county wherein the person under order resides;
    2. If such person is a corporation, in the county wherein the corporation maintains its established place of business; or
    3. In the county wherein the violation occurred,

      a certified copy of a final order of the board, whether unappealed from or affirmed upon appeal, whereupon the superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the superior court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the board with respect to any violation of this Code section or any order, rule, or regulation promulgated pursuant hereto. For purposes of this Code section, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation.

  4. Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both.

(Code 1981, §43-47-8.2, enacted by Ga. L. 1998, p. 1662, § 3; Ga. L. 2005, p. 321, § 6/HB 455.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, in the second sentence of subsection (a), a comma was inserted following "vehicle off site" and "that" was added following "provided"; in paragraph (b)(2), "with the Department of Motor Vehicle Safety" was deleted following "dealer must be registered" in the first sentence and a colon was substituted for a comma at the end of the second sentence.


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