2019 Indiana Code
Title 9. Motor Vehicles
Article 32. Dealer Services
Chapter 11. Regulation of Vehicle Merchandising
9-32-11-11. Offsite sales permit
Sec. 11. (a) Except as provided in subsections (b) through (g), the secretary shall issue an offsite sales permit to a dealer licensed under this chapter who submits an application for the permit not later than ten (10) business days or two (2) calendar weeks before the offsite sale date. Permit applications under this section shall be made public upon the request of any person.
(b) The secretary may not issue an offsite sales permit to a dealer who does not have an established place of business within Indiana.
(c) The secretary may not issue an offsite sales permit to a licensed dealer proposing to conduct a sale outside a radius of twenty (20) miles from the established place of business of the licensed dealer. The following may conduct an offsite sale with an offsite sales permit outside a radius of twenty (20) miles from the established place of business of the licensed dealer:
(1) New manufactured home dealers.
(2) Recreational vehicle dealers.
(3) A rental company that is a dealer conducting a sale at a site within twenty (20) miles of any of its company owned affiliates.
(4) Off-road vehicle dealers.
(5) Dealers of motor vehicles classified as classic, collector, or antique under rules adopted under section 18(a)(2)(B) of this chapter.
(d) A motor vehicle display is not considered an offsite sale if it is conducted by a new motor vehicle dealer in an open area where no sales personnel and no sales material are present.
(e) The secretary may not issue an offsite sales permit to a licensed dealer proposing to conduct an offsite sale for more than ten (10) calendar days.
(f) An application for an offsite sales permit must include an affidavit stating that the proposed location is zoned for the operation of the dealer's offsite sale from:
(1) the person charged with enforcing a zoning ordinance, if the person exists; or
(2) the zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the dealer wants to conduct an offsite sale.
(g) If there is no person or officer under subsection (f)(1) or (f)(2), the application must be accompanied by a statement of authorization from the executive (as defined in IC 36-1-2-5) of the unit in which the real property is located.
(h) The secretary may not issue an offsite sales permit until the dealer files an affidavit or statement under this subsection.
(i) The affidavit or statement may not be signed by a person described in subsection (f)(1) or (f)(2) or the executive of a unit more than ninety (90) days before the affidavit or statement is submitted to the secretary as part of an application for a permit under this section.
(j) The secretary may not issue an offsite sales permit to a licensed dealer who has held more than three (3) nonconsecutive offsite sales in the year ending on the date of the offsite sale for which the permit application is being submitted.
(k) Section 2(c) of this chapter does not apply to the application or issuance of an offsite sales permit under this section.
(l) The fee for an offsite sales permit is twenty-five dollars ($25). The fee is nonrefundable and shall be deposited as set forth in IC 9-32-7-3.
As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.70; P.L.174-2016, SEC.88; P.L.284-2019, SEC.33.
