605 KAR 1:060. Temporary off-site sale or display event.

      RELATES TO: KRS 190.030(7)

      STATUTORY AUTHORITY: KRS 190.020, 190.030(1), 190.073

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 190.030(7) requires a motor vehicle dealer to restrict the sale or display of motor vehicles to the location of the dealer's licensed place of business except that a motor vehicle dealer may have a temporary off-site sale or display of motor vehicles at a location other than the licensed place of business under certain conditions. KRS 190.030(1) authorizes the Motor Vehicle Commission to provide by administrative regulation for "other licensee activities and an appropriate fee therefor". This administrative regulation establishes the application requirements for holding a temporary sale or display event.

      Section 1. Definition. "Display" means a showing of a motor vehicle or vehicles at a location in this state where no sale, transfer, or test drive takes place.

      Section 2. (1) A motor vehicle dealer shall not conduct or participate in a motor vehicle sale or display event at any location other than the dealer's licensed place of business unless an Application for a Temporary Sale or Display Event is filed with the Motor Vehicle Commission and approved.

      (2) The application shall be received a minimum of five (5) days prior to the next regularly-scheduled meeting of the commission held before the requested permit period. The temporary sale or display permit application shall state:

      (a) The duration of its validity which shall not exceed:

      1. Sixty (60) successive days for a motor vehicle display; or

      2. Five (5) successive days for a motor vehicle sale;

      (b) The specific location of the temporary sale or display event for which the permit is requested;

      (c) Proof that the city, county, urban county or consolidated local government where the temporary sale or display event is to occur has enacted an ordinance specifically allowing a motor vehicle dealer to conduct a motor vehicle temporary sale or display event in its jurisdiction at a location other than the dealer's licensed place of business;

      (d) That the temporary sale event has been, is being, or will be advertised as being temporary in nature; and

      (e) That the temporary sale event shall include a representative sampling of the inventory of the participating dealer or dealers.

      Section 3. (1) The fee for a temporary sale event permit shall be $100 per participating dealer and shall be paid at the time the application is submitted.

      (2) If the application is only for a temporary display, a fee shall not be required.

      Section 4. Incorporation by Reference. (1) "Application for Temporary Sale or Display Event," revised March 2004, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Motor Vehicle Commission, 403 Wapping Street, Frankfort, Kentucky 40622. (30 Ky.R. 2247; Am. 2465; eff. 7-7-2004.)