4501:1-3-33 Place of business required for motor vehicle auction owner.

(A) A motor vehicle auction owner shall have an established place of business with an office area that is permanent in nature. The office shall have, at minimum, a landline telephone number (not a cellular phone) in service at all times, that is listed in the local telephone directory as, and answered in the name of, the motor vehicle auction owner, electric lighting, and heating that is sufficient and reasonable for an office environment. An established place of business that is used for auctioning motor vehicles shall also have at least one area under permanent roof that is large enough that motor vehicles may be moved through and where such motor vehicles may be offered at auction.

(B) The established place of business for an auction owner's license shall be separated by a permanent physical barrier, as defined in rule 4501:1-3-08 of the Administrative Code, from any home or personal residence, motor vehicle dealership, salvage motor vehicle dealership, salvage motor vehicle auction, and salvage motor vehicle pool.

(C) An established place of business that is used for auctioning motor vehicles shall be considered used exclusively for that purpose even though its facilities may be incidentally used for conducting a public auction of repossessed motor vehicles.

(D) The office and auction area shall be clearly identified, easily accessible and open for business a minimum of twenty hours per week, at least ten of which shall occur Monday through Friday from nine a.m. to five p.m. It shall be open to the general public only when a public auction of repossessed motor vehicles is being conducted. The office and auction area shall be kept neat and orderly at all times, and shall not be used as a storage or other utility area.

(E) The business hours shall be legible and posted in a conspicuous place near the entrance of the auction owner's licensed premises.

(F) Every auction owner licensed under Chapter 4517. of the Revised Code shall notify the registrar of motor vehicles in writing within fifteen days of any change in status of: (1) name; (2) location; and (3) personnel of owner, partners, officers, or directors.

Effective: 07/01/2009
R.C. 119.032 review dates: 11/14/2008 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: 4517.12 , 4517.03 , 4517.06
Rule Amplifies: 4517.02 , 4517.03 , 4517.07
Prior Effective Dates: 5/11/98