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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 306 |
REPRESENTATIVES CAREY-BATEMAN-THOMAS-HARRIS-DAMSCHRODER-
EVANS-SULZER-PERRY-TERWILLEGER-VERICH-PRINGLE-CLANCY-
MOTTLEY-LOGAN-VESPER-PADGETT-HEALY-BUEHRER-JONES-SULLIVAN-
HOLLISTER-ROMAN-KREBS-BUCHY
A BILL
To amend section 4517.03 of the Revised Code to provide that a place of
business that is used for selling, displaying, offering for sale, or dealing
in motor vehicles by a licensed new motor vehicle dealer shall be considered
as used exclusively for those purposes even though watercraft and related
products or products manufactured or distributed by a motor vehicle
manufacturer with which
the motor vehicle dealer has a franchise agreement are sold or displayed
there.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4517.03 of the Revised Code be amended to read as
follows:
Sec. 4517.03. (A) A place of business that is used for
selling, displaying, offering for sale, or dealing in motor
vehicles shall be considered as used exclusively for those
purposes even though snowmobiles, all-purpose vehicles, or farm
machinery is, WATERCRAFT AND RELATED PRODUCTS, OR PRODUCTS
MANUFACTURED OR DISTRIBUTED BY A MOTOR VEHICLE MANUFACTURER WITH WHICH THE
MOTOR VEHICLE
DEALER HAS A FRANCHISE AGREEMENT ARE sold or displayed there, or if
repair, accessory,
gasoline and oil, storage, parts, service, or paint
departments
are maintained there, or such products or services are provided
there, if the departments are operated or
the products or
services are provided for the business of selling, displaying,
offering for sale, or dealing in motor vehicles. Places of
business or departments in a place of business used to dismantle,
salvage, or rebuild motor vehicles by means of using used parts,
are not considered as being maintained for the purpose of
assisting or furthering the selling, displaying, offering for
sale, or dealing in motor vehicles. A place of business shall be considered
as used exclusively for selling, displaying, offering for sale, or
dealing in motor vehicles even though a business owned by a
motor vehicle leasing dealer as defined in
section 4517.01 of the Revised Code or a motor vehicle renting dealer
as
defined in section 4549.65 of the Revised Code is located at the place of
business.
(B) No new motor vehicle dealer shall sell, display, offer
for sale, or deal in motor vehicles at any place except an
established place of business that is used exclusively for the
purpose of selling, displaying, offering for sale, or dealing in
motor vehicles. The place of business shall have
space, under roof, for the display of at
least one new motor vehicle and facilities and space therewith
for the inspection, servicing, and repair of at least one motor
vehicle; except that a new motor vehicle dealer selling
manufactured or mobile homes is exempt from the requirement that a
place of business have space, under roof, for the display of at least
one new motor vehicle and facilities and space for the
inspection, servicing, and repair of at least one motor vehicle.
Nothing contained in Chapter 4517. of the Revised Code
shall be construed as prohibiting the sale of a manufactured home
located in a manufactured home park by a licensed motor vehicle
dealer who is the owner of the manufactured home park.
(C) No used motor vehicle dealer shall sell, display,
offer for sale, or deal in motor vehicles at any place except an
established place of business that is used exclusively for the
purpose of selling, displaying, offering for sale, or dealing in
motor vehicles.
(D) No motor vehicle leasing dealer shall make a motor
vehicle available for use by another, in the manner described in
division (M) of section 4517.01 of the Revised Code, at any place
except an established place of business that is used for leasing
motor vehicles; except that a motor vehicle leasing dealer who is
also a new motor vehicle dealer or used motor vehicle dealer may
lease motor vehicles at the same place of business at which the dealer sells,
offers for sale, or deals in new or used motor vehicles.
(E) No motor vehicle leasing dealer or motor vehicle
renting dealer as defined in section 4549.65 of the Revised Code
shall sell a motor vehicle within ninety days after a certificate
of title to the motor vehicle is issued to the dealer, except
when a salvage certificate of title is issued to replace the
original certificate of title and except when a motor vehicle leasing
dealer sells a motor vehicle to another motor vehicle leasing dealer at the
end of a sublease pursuant to that sublease.
(F) No distributor shall distribute new motor vehicles to
new motor vehicle dealers at any place except an established
place of business that is used exclusively for the purpose of
distributing new motor vehicles to new motor vehicle dealers;
except that a distributor who is also a new motor vehicle dealer
may distribute new motor vehicles at the same place of business
at which the distributor sells, displays, offers for sale, or deals
in new motor vehicles.
(G) No person, firm, or corporation that sells, displays,
or offers for sale tent-type fold-out camping trailers is subject
to the requirement that the person's, firm's, or corporation's
place of business be used exclusively
for the purpose of selling, displaying, offering for sale, or
dealing in motor vehicles. No person, firm, or
corporation that sells, displays, or offers for sale tent-type fold-out
camping trailers, trailers, or semitrailers is subject to the requirement
that the place
of business have space, under roof, for the display of at least
one new motor vehicle and facilities and space for the
inspection, servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in the business
of brokering
manufactured homes at any place except an established place of business that
is used exclusively for the purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit
persons licensed under this chapter from making sales calls.
(J) AS USED IN THIS SECTION:
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS IN SECTION
4517.01 of the Revised Code.
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS IN SECTION
4549.65 of the Revised Code.
(3) WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 1547.01 of the Revised Code.
Section 2. That existing section 4517.03 of the Revised Code is hereby
repealed.
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