61-4-124. Annual report -- filing fees -- grace period for dealer and demonstrator plates -- restrictions imposed upon failure to file. (1) On or before the 15th day of the month prior to the dealer license expiration month, a dealer shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes that may have occurred in that calendar year affecting the information originally filed under 61-4-101 and to provide any other relevant information requested by the department.
(2) (a) The department may require a dealer to submit one or more current photographs of the dealer's established place of business or the signage for the business with the dealer's annual report.
(b) If a dealer seeks to change the applicant's name, ownership interest in the business, corporate officer or managing member of the business entity, or a person designated by the applicant to manage or oversee the applicant's business, the dealer shall also provide a new license application form as originally required under 61-4-101 and the department shall examine the license application as required under 61-4-101.
(c) If a dealer seeks to change the geographic location of the dealer's established place of business, the dealer shall also provide information concerning local land use planning, zoning, and business permitting compliance, if applicable, and a diagram or plat for the proposed location, consistent with the requirements of 61-4-101.
(3) Except as provided in subsection (4)(c), the annual report must be accompanied by a $30 filing fee.
(4) (a) Except as provided in subsections (4)(b) and (4)(c), a used dealer shall also certify, under penalty of law, to the retail sale of 12 or more used motor vehicles, power sports vehicles, or trailers during the calendar year for which the annual report is filed. A used dealer licensed for less than a full calendar year in the year for which the report is filed shall certify, under penalty of law, to the retail sale of an average of at least one used motor vehicle, power sports vehicle, or trailer for each calendar month or portion of a calendar month that the license was in effect.
(b) (i) A used dealer who cannot certify, under penalty of law, to the number of retail sales required under subsection (4)(a) in a calendar year for which the report is filed must pay a fee of $25 in addition to the filing fee required in subsection (3).
(ii) A used dealer who is also a qualified tow truck operator, as defined in 61-8-903, and who, in the dealer's annual report, cannot certify, under penalty of law, to the retail sale of five or more used motor vehicles, power sports vehicles, or trailers during the calendar year for which the report is filed shall pay a fee of $25 in addition to the filing fee required in subsection (3).
(iii) A dealer licensed as a motor vehicle wrecking facility under Title 75, chapter 10, part 5, is exempt from the minimum retail sales reporting requirements of this subsection (4).
(5) A dealer whose annual report is received by the department on or before the 15th day of the month prior to the dealer license expiration month may display or use dealer or demonstrator plates or identification cards assigned and registered until the dealer license expiration date.
(6) On or after the first day following the dealer license expiration date, the department:
(a) may not renew dealer or demonstrator plates or identification cards for a dealer who has not filed the annual report and paid the fees due under this section;
(b) may not issue or transfer a title under the provisions of 61-4-111(1) to or from a dealer who has not filed the annual report and paid the fees due under this section;
(c) may not allow issuance of a temporary registration permit under the provisions of 61-3-224 for a dealer who has not filed the annual report and paid the fees due under this section; and
(d) shall initiate an administrative action under the provisions of 61-4-105(2) to revoke the dealer's license unless the dealer voluntarily surrenders the license, along with any previously assigned dealer and demonstrator plates or identification cards, to the department for cancellation.
History: En. Sec. 6, Ch. 409, L. 1999; amd. Sec. 7, Ch. 385, L. 2001; amd. Sec. 11, Ch. 299, L. 2003; amd. Sec. 44, Ch. 329, L. 2007; amd. Sec. 9, Ch. 323, L. 2017; amd. Sec. 6, Ch. 143, L. 2019.