2019 Indiana Code
Title 9. Motor Vehicles
Article 32. Dealer Services
Chapter 11. Regulation of Vehicle Merchandising
9-32-11-2. License application; affidavits; bonds; fees
Sec. 2. (a) An application for a license under this article must:
(1) be accompanied by payment of the applicable fee required under this section;
(2) be on a form prescribed by the secretary;
(3) contain the information the secretary considers necessary to enable the secretary to determine fully:
(A) the qualifications and eligibility of the applicant to receive the license; and
(B) the ability of the applicant to conduct properly the business for which the application is submitted;
(4) contain evidence of a bond required in subsection (e);
(5) contain evidence of liability coverage required by section 14 of this chapter;
(6) contain the federal tax identification number issued to the dealer;
(7) contain the registered retail merchant's certificate issued to the dealer under IC 6-2.5-8; and
(8) be completed by a dealer owner or dealer manager.
(b) An application for a license as a dealer must show whether the applicant proposes to sell new or used motor vehicles, or both.
(c) An applicant who proposes to use the Internet or another computer network to facilitate the sale of motor vehicles shall maintain all records at the established place of business in Indiana.
(d) Except as provided in subsections (e), (h), and (i), the application must include an affidavit from:
(1) the person charged with enforcing a zoning ordinance, if one exists; or
(2) the zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the applicant wants to operate as a dealer. The affidavit must state that the proposed location is zoned for the operation of a dealer's establishment.
(e) Except as provided in subsections (h) and (i), if there is no person or officer under subsection (d)(1) or (d)(2), the application must be accompanied by a statement to that effect from the executive (as defined in IC 36-1-2-5) of the unit in which the real property is located.
(f) The applicant may file the zoning affidavit under subsection (d) or statement under subsection (e) with the application at any time after the filing of the application. However the secretary may not issue a license until the applicant files the affidavit or the statement.
(g) The zoning affidavit under subsection (d) or statement under subsection (e) may not be signed by a person described in subsection (d)(1) or (d)(2) or the executive of the unit more than ninety (90) days before the affidavit or statement is submitted to the secretary as part of an application for a license under this article.
(h) If:
(1) the dealer's established place of business is a manufactured home community;
(2) the dealer operates the manufactured home community; and
(3) the dealer is selling or will be selling only manufactured homes that:
(A) are already located within the manufactured home community; or
(B) will be installed within the manufactured home community;
the application must be accompanied by an affidavit under subsection (i).
(i) An affidavit submitted by a dealer under subsection (h) must affirm under penalty of perjury that:
(1) a zoning affidavit or statement is not required under subsection (h); and
(2) the applicant intends to sell only manufactured homes to buyers that purchase manufactured homes with the intent for the manufactured home to:
(A) remain within the manufactured home community; or
(B) be installed within the manufactured home community.
(j) If the secretary receives a written complaint from a person described in subsection (d)(1) or (d)(2) that a dealer under subsection (h) is operating in violation of a local zoning ordinance, the secretary shall delay the issuance or renewal of the dealer's license until the local zoning complaints have been satisfied.
(k) A licensee shall maintain a bond satisfactory to the secretary in the amount of twenty-five thousand dollars ($25,000). The bond must:
(1) be in favor of the state;
(2) secure payment of fines, penalties, costs, and fees assessed by the secretary after:
(A) notice;
(B) opportunity for a hearing; and
(C) opportunity for judicial review; and
(3) secure the payment of damages to a person aggrieved by a violation of this article by the licensee after a judgment has been issued.
(l) Service under this chapter shall be made in accordance with the Indiana Rules of Trial Procedure.
(m) The fee for a license for a manufacturer or a distributor is thirty-five dollars ($35).
(n) The fee for a license for a dealer, other than a manufacturer, converter manufacturer, distributor, watercraft dealer, automotive salvage recycler, or transfer dealer is thirty dollars ($30).
(o) The fee for a transfer dealer or a converter manufacturer is twenty dollars ($20).
(p) The fees collected under this section are 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.62-2014, SEC.28; P.L.151-2015, SEC.65; P.L.174-2016, SEC.83; P.L.179-2017, SEC.80; P.L.284-2019, SEC.30.
