2022 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 otherwise provided, the secretary shall issue an offsite sales permit to a dealer licensed under this article 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 the following:
(1) Except as provided in subsection (c), an applicant dealer proposing to conduct a sale outside a radius of twenty (20) miles from the applicant dealer's established place of business.
(2) An applicant dealer that 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.
(3) An applicant dealer that is proposing to conduct an offsite sale for more than ten (10) calendar days.
(4) An applicant dealer that has failed:
(A) to pay the applicable fee; or
(B) file an affidavit or statement;
under this section.
(5) A transfer dealer.
(6) An automotive salvage recycler.
(c) The following may conduct an offsite sale with an offsite sales permit outside a radius of twenty (20) miles from the entity's established place of business:
(1) A new manufactured home dealer.
(2) A recreational vehicle dealer.
(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) An off-road vehicle dealer.
(5) An applicant dealer that is selling only motor vehicles classified as classic, collector, or antique under rules adopted under section 18(a)(2)(B) of this chapter.
(d) 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.
(e) If there is no person or officer under subsection (d)(1) or (d)(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.
(f) The affidavit or statement may not be signed by a person described in subsection (d)(1) or (d)(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.
(g) Section 2(c) of this chapter does not apply to the application or issuance of an offsite sales permit under this section.
(h) 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.
(i) A dealer may not hold an offsite sale unless it has been at least thirty (30) days since the final day of the dealer's last offsite sale.
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; P.L.120-2020, SEC.65; P.L.20-2022, SEC.13.
