45:5B-36 Notification of change of location, ownership of shop, school.
36. a. A shop or school owner shall notify the board prior to initiating a change of location, a change of ownership, or such other change as the board may determine pursuant to regulation. The shop or school shall submit to the board an initial application for licensure. If a change of ownership results from the death or disability of a principal shareholder in a corporation, or partner in a partnership which holds a shop or school license, the new owner shall notify the board within six months after the change has been effected. For purposes of this section, a change of ownership shall be deemed to have occurred if more than 50% of the outstanding stock or other financial interest is transferred.
b. (1) A shop that is a mobile facility shall publish on a website that is accessible to the public a 14-day location schedule at least 14 days in advance of the first scheduled date. The mobile facility may make changes to the schedule within the first seven days after posting it to the website. If the schedule changes after the first seven days, the mobile facility shall immediately notify the board of any change to that schedule.
(2) A shop that is a mobile facility shall be equipped with and utilize an automatic vehicle location system to track the location of the vehicle with respect to compliance with the schedule required pursuant to paragraph (1) of this subsection, in such manner as may be established by the board. For purposes of this paragraph, "automatic vehicle location system" means an automated system, such as a global positioning system, for tracking the geographic location of a motor vehicle and transmitting that location information to an authorized receiving entity, and "global positioning system" means a reporting technology that is monitored by a network of electronic navigation components in which a vehicle may be identified and tracked via satellite.
(3) It shall be unlawful for a shop that is a mobile facility to engage in services at a location other than the scheduled location as set forth in the schedule published pursuant to paragraph (1) of this subsection, unless the licensee shall demonstrate good cause for the failure to comply with this requirement. It shall not be unlawful pursuant to this paragraph for a mobile facility that is parked outside the home of a customer receiving services to not to be at the pre-determined location at the scheduled time.
L.1984, c.205, s.36; amended 2009, c.162, s.28; 2021, c.275, s.3.