4501:1-3-08 Place of business required for used motor vehicle dealers.

(A) A used motor vehicle dealer shall have an established place of business which shall include a lot of no less than three thousand five hundred square feet, not including driveways, with adequate ground cover of a hard surface to prevent the collection of dust, mud, water or other unsightly conditions and shall be separated from any other business or residence with a permanent physical barrier. There shall be a permanent, usable structure on the premises, including an easily accessible office of no less than one hundred eighty square feet of usable office area which shall include, at minimum, heating that is sufficient and reasonable for a retail office environment, electric lighting, a telephone in service used and identified exclusively for the dealership's business, a desk, three chairs and a filing cabinet, all of which shall be kept in a neat and orderly fashion. The structure shall be occupied by the dealership and staffed by a person who is licensed and regulated under Chapter 4517. of the Revised Code and could reasonably assist any retail customer with or without an appointment. The dealership shall be easily accessible from a public roadway and shall be identifiable as a motor vehicle dealership to the public and open for business. The business hours shall be prominently posted on the premises.

(B) No motor vehicle dealer or auction owner or its agent or representative shall alter the physical conditions of the established place of business so that it is not in compliance with the requirements of Chapter 4517. of the Revised Code.

(C) The requirements for an established place of business for used motor vehicle dealership shall be construed to the end that any customer may, without an appointment, visit the establishment and view its motor vehicle inventory.

(D) A facility shall be considered an established place of business for used motor vehicle dealership when the primary business consists of displaying and offering motor vehicles for sale, lease, or rent so long as it meets all of the requirements of this rule with regard to a used motor vehicle dealership.

(E) A permanent physical barrier is a metal, brick, stone, concrete, wood, heavy plastic, or heavy support cable that is of sufficient composition that it will not significantly deteriorate over time, and cannot be moved or removed. It shall be of sufficient strength and durability to stop or at minimum, inhibit normal vehicular and pedestrian traffic. It shall clearly delineate a separation between a residence or an unrelated business and the beginning of the dealership's established place of business. If such separation is required, it shall be properly maintained during the entire period for which a used motor vehicle dealership license is held.

R.C. 119.032 review dates: 05/10/2010 and 03/02/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , 4517.32
Rule Amplifies: R.C. 4517.02 , 4517.03 , 4517.05 , 4517.12
Prior Effective Dates: 6/15/62, 12/8/86, 5/9/98