As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 306 5
1999-2000 6
REPRESENTATIVES CAREY-BATEMAN-THOMAS-HARRIS-DAMSCHRODER- 7
EVANS-SULZER-PERRY-TERWILLEGER-VERICH-PRINGLE-CLANCY- 8
MOTTLEY-LOGAN-VESPER-PADGETT-HEALY-BUEHRER-JONES-SULLIVAN- 9
HOLLISTER-ROMAN-KREBS-BUCHY 10
_________________________________________________________________ 11
A B I L L
To amend section 4517.03 of the Revised Code to 13
provide that a place of business that is used for 14
selling, displaying, offering for sale, or
dealing in motor vehicles by a licensed new motor 15
vehicle dealer shall be considered as used 16
exclusively for those purposes even though
watercraft and related products or products 17
manufactured or distributed by a motor vehicle
manufacturer with which the motor vehicle dealer 19
has a franchise agreement are sold or displayed
there. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 4517.03 of the Revised Code be 24
amended to read as follows: 25
Sec. 4517.03. (A) A place of business that is used for 34
selling, displaying, offering for sale, or dealing in motor 35
vehicles shall be considered as used exclusively for those 36
purposes even though snowmobiles, all-purpose vehicles, or farm 37
machinery is, WATERCRAFT AND RELATED PRODUCTS, OR PRODUCTS 38
MANUFACTURED OR DISTRIBUTED BY A MOTOR VEHICLE MANUFACTURER WITH 39
WHICH THE MOTOR VEHICLE DEALER HAS A FRANCHISE AGREEMENT ARE sold 41
or displayed there, or if repair, accessory, gasoline and oil, 43
storage, parts, service, or paint departments are maintained 45
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there, or such products or services are provided there, if the 46
departments are operated or the products or services are provided 48
for the business of selling, displaying, offering for sale, or 49
dealing in motor vehicles. Places of business or departments in 50
a place of business used to dismantle, salvage, or rebuild motor 51
vehicles by means of using used parts, are not considered as 52
being maintained for the purpose of assisting or furthering the 53
selling, displaying, offering for sale, or dealing in motor 54
vehicles. A place of business shall be considered as used 55
exclusively for selling, displaying, offering for sale, or
dealing in motor vehicles even though a business owned by a motor 57
vehicle leasing dealer as defined in section 4517.01 of the 58
Revised Code or a motor vehicle renting dealer as defined in 60
section 4549.65 of the Revised Code is located at the place of
business. 61
(B) No new motor vehicle dealer shall sell, display, offer 63
for sale, or deal in motor vehicles at any place except an 64
established place of business that is used exclusively for the 65
purpose of selling, displaying, offering for sale, or dealing in 66
motor vehicles. The place of business shall have space, under 68
roof, for the display of at least one new motor vehicle and 69
facilities and space therewith for the inspection, servicing, and 70
repair of at least one motor vehicle; except that a new motor 71
vehicle dealer selling manufactured or mobile homes is exempt 72
from the requirement that a place of business have space, under 73
roof, for the display of at least one new motor vehicle and 74
facilities and space for the inspection, servicing, and repair of 75
at least one motor vehicle.
Nothing contained in Chapter 4517. of the Revised Code 77
shall be construed as prohibiting the sale of a manufactured home 78
located in a manufactured home park by a licensed motor vehicle 79
dealer who is the owner of the manufactured home park. 80
(C) No used motor vehicle dealer shall sell, display, 82
offer for sale, or deal in motor vehicles at any place except an 83
3
established place of business that is used exclusively for the 84
purpose of selling, displaying, offering for sale, or dealing in 85
motor vehicles. 86
(D) No motor vehicle leasing dealer shall make a motor 88
vehicle available for use by another, in the manner described in 89
division (M) of section 4517.01 of the Revised Code, at any place 90
except an established place of business that is used for leasing 91
motor vehicles; except that a motor vehicle leasing dealer who is 92
also a new motor vehicle dealer or used motor vehicle dealer may 93
lease motor vehicles at the same place of business at which the 94
dealer sells, offers for sale, or deals in new or used motor 95
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle 97
renting dealer as defined in section 4549.65 of the Revised Code 98
shall sell a motor vehicle within ninety days after a certificate 99
of title to the motor vehicle is issued to the dealer, except 100
when a salvage certificate of title is issued to replace the 101
original certificate of title and except when a motor vehicle 102
leasing dealer sells a motor vehicle to another motor vehicle 103
leasing dealer at the end of a sublease pursuant to that 104
sublease.
(F) No distributor shall distribute new motor vehicles to 106
new motor vehicle dealers at any place except an established 107
place of business that is used exclusively for the purpose of 108
distributing new motor vehicles to new motor vehicle dealers; 109
except that a distributor who is also a new motor vehicle dealer 110
may distribute new motor vehicles at the same place of business 111
at which the distributor sells, displays, offers for sale, or 112
deals in new motor vehicles. 113
(G) No person, firm, or corporation that sells, displays, 115
or offers for sale tent-type fold-out camping trailers is subject 116
to the requirement that the person's, firm's, or corporation's 117
place of business be used exclusively for the purpose of selling, 119
displaying, offering for sale, or dealing in motor vehicles. No 120
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person, firm, or corporation that sells, displays, or offers for 121
sale tent-type fold-out camping trailers, trailers, or 122
semitrailers is subject to the requirement that the place of 124
business have space, under roof, for the display of at least one 125
new motor vehicle and facilities and space for the inspection, 126
servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in 128
the business of brokering manufactured homes at any place except 130
an established place of business that is used exclusively for the 131
purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit 133
persons licensed under this chapter from making sales calls. 134
(J) AS USED IN THIS SECTION: 136
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS 138
IN SECTION 4517.01 OF THE REVISED CODE. 139
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS 141
IN SECTION 4549.65 OF THE REVISED CODE. 142
(3) WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 1547.01 144
OF THE REVISED CODE.
Section 2. That existing section 4517.03 of the Revised 146
Code is hereby repealed. 147